9–2–03 Tuesday Vol. 68 No. 169 Sept. 2, 2003
Pages 52077–52312
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1 II Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003
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2 III
Contents Federal Register Vol. 68, No. 169
Tuesday, September 2, 2003
Agriculture Department Bristol Myers Squibb Pharma Co., 52224 See Food and Nutrition Service Cambrex Charles City, Inc., 52224 See Food Safety and Inspection Service Cambridge Isotope Laboratories, Inc., 52224–52225 See Foreign Agricultural Service ISP Freetown Fine chemicals, Inc., 52225 See Forest Service Johnson Matthey, Inc., 52225 See Grain Inspection, Packers and Stockyards Lin-Zhi International, Inc., 52225 Administration Lonza Riverside; correction, 52225–52226 Organichem corp., 52226 Arts and Humanities, National Foundation Roche Diagnostics Corp., 52226–52227 See National Foundation on the Arts and the Humanities Economics and Statistics Administration Centers for Disease Control and Prevention NOTICES NOTICES Meetings: Agency information collection activities; proposals, Decennial Census Advisory Committee, 52180–52181 submissions, and approvals, 52212–52214 Grants and cooperative agreements; availability, etc.: Education Department Injury Control Research Centers; correction, 52274 NOTICES Senior Executive Service: Coast Guard Performance Review Board; membership, 52186–52187 RULES Employment and Training Administration Ports and waterways safety: NOTICES Patapsco River, Northwest and Inner Harbors, Baltimore, Adjustment assistance: MD; CONSTELLATION dead ship tow; safety zone, Belding Hausman Inc, 52228 52098–52100 Chilkoot Fish Co., 52229 Port Washington, WI; FAIRLANE anchored vessel, safety Cooper Crouse-Hinds Myers-Hub, 52229 zone, 52096–52098 Edison Fashion, Inc, 52229 NOTICES Fisher Controls, LLC, 52229 Meetings: Flextronics Logistics, 52229 Houston/Galveston Navigation Safety Advisory Fruit Of The Loom, 52229 Committee, 52216 General Binding Corp., 52229–52230 Heraeus Quartztech, Inc, 52230 Commerce Department Home Products International, Inc, 52230 See Economics and Statistics Administration Jonathan Reed, Inc, 52230 See Industry and Security Bureau Paper Converting Machine Co., 52230 See International Trade Administration Premium Security, 52230 See National Oceanic and Atmospheric Administration Shell E & P Co., 52230 See Patent and Trademark Office Siebel Systems, 52231 NOTICES Sierra Pine, Ltd, 52231 Agency information collection activities; proposals, SPX Dock Products, 52231 submissions, and approvals, 52180 Triquint Optoelectronics, 52231 UTI Star Group, 52227–52228 Committee for the Implementation of Textile Agreements York International Corp., 52231 NOTICES Textile and apparel categories Energy Department Illegal transshipment; entry denial— See Federal Energy Regulatory Commission Botswana; Uni-Oriental (Pty), Ltd., 52185–52186 RULES Acquisition regulations: Comptroller of the Currency Motor vehicle fleet fuel efficiency, 52129–52132 NOTICES NOTICES Agency information collection activities; proposals, Electricity export and import authorizations, permits, etc.: submissions, and approvals, 52267–52268 Direct Energy Marketing Inc., 52187 Presidential permit applications: Defense Department Citizens Communications Co. et al., 52187–52188 NOTICES Federal Acquisition Regulation (FAR): Environmental Protection Agency Agency information collection activities; proposals, RULES submissions, and approvals, 52186 Air quality implementation plans; approval and promulgation; various States: Drug Enforcement Administration Michigan, 52104–52106 NOTICES Minnesota, 52106–52113 Applications, hearings, determinations, etc.: Hazardous waste program authorizations: American Radiolabeled Chemical Inc., 52224 South Carolina, 52113–52127
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PROPOSED RULES Ohio, 52218–52219 Air quality implementation plans; approval and Radiological Emergency Preparedness: promulgation; various States: Exercise evaluation criteria and methodology review, Michigan, 52152–52154 52219 Minnesota, 52154–52156 Hazardous waste program authorizations: Federal Energy Regulatory Commission South Carolina, 52156 RULES NOTICES Practice and procedure: Air pollution control: Critical Energy Infrastructure Information State operating permit programs— Public availability restrictions, 52089–52096 New York, 52208–52209 NOTICES Water pollution control: Electric rate and corporate regulation filings: Total maximum daily loads— Coral Power, L.L.C., et al., 52191–52192 Delaware River Zones; comment request, meeting, and Global Common Greenport, LLC, et al., 52192–52193 public hearing, 52209–52210 PPL Martins creek, LLC, et al., 52193–52195 PSEG Fossil LLC, et al., 52195–52196 Federal Aviation Administration Sithe Energies, Inc., et al., 52196–52197 RULES Hydroelectric applications, 52197–52208 Airworthiness directives: Applications, hearings, determinations, etc.: Aerospatiale, 52087–52088 Chandeleur Pipe Line Co., 52188 Airbus, 52085–52087 Dominion Cove Point LNG, LP, 52188–52189 Bombardier, 52083–52085 Maine Public Utilities Commission, et al., 52189 deHavilland, 52078–52081 PG&E Gas Transmission, Northwest Corp., 52189–52190 McDonnell Douglas, 52081–52083 Questar Pipeline Co., 52190–52191 VOR Federal airways, 52088–52089 Texas Gas Transmission, LLC, 52191 PROPOSED RULES Airworthiness directives: Federal Labor Relations Authority Anjou Aeronautique, 52145–52147 NOTICES SOCATA-Groupe AEROSPATIALE, 52148 Senior Executive Service: Class E airspace, 52148–52149 Performance Review Board; membership, 52210–52211 VOR Federal airways, 52150–52151 NOTICES Federal Reserve System Exemption petitions; summary and disposition, 52266 RULES Reports and guidance documents; availability, etc.: Availability of fund and collectionof checks (Regulation Engine mount connection and winglets design for Aquila CC): GmbH AT01 JAR-VLA Airplane, 52266–52267 Check processing operations restructuring; amendments, Propeller Testing; PS-ACE100-2002-008; policy statement, 52077–52078 52267 Fish and Wildlife Service Federal Communications Commission PROPOSED RULES RULES Endangered and threatened species: Common carrier services: Scarlet-chested parakeet and turquoise parakeet, 52169– Telecommunications Act of 1996; implementation— 52173 Wireline services offering advanced NOTICES telecommunications capability; deployment, Comprehensive conservation plans; availability, etc.: 52275–52306 Las Vegas National Wildlife Refuge, NM, 52220–52221 Television broadcasting: Satellite Home Improvement Act; implementation— Food and Nutrition Service Retransmission consent issues; good faith negotiation NOTICES and exclusivity; correction, 52127 Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 52174 Common carrier services: Interconnection— Food Safety and Inspection Service Incumbent local exchange carriers; unbundling NOTICES obligations, 52306–52312 Meetings: Wireless telecommunications services— Pre-Harvest Food Safety Issues and Escherichia coli (E. 1710-1850 MHz band; third generation wireless coli) 0157:H7, 52174–52175 systems, 52156–52168 NOTICES Foreign Agricultural Service Meetings: NOTICES North American Numbering Council, 52210 Import quotas and fees: Dairy import licenses, 52175–52176 Federal Emergency Management Agency NOTICES Forest Service Disaster and emergency areas: NOTICES Florida, 52216–52217 Meetings: Indiana, 52217–52218 Resource Advisory Committees— New York, 52218 Madera County, 52176
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General Services Administration Labor Department RULES See Employment and Training Administration Acquisition regulations: See Mine Safety and Health Administration Products having environmental attributes; identification, 52127–52129 Maritime Administration NOTICES NOTICES Federal Acquisition Regulation (FAR): Environmental statements; availability, etc.: Agency information collection activities; proposals, Port Pelican LLC Deepwater Port License Application, LA submissions, and approvals, 52186 [Editorial Note: This document appearing at 68 FR Federal travel: 52048 in the Federal Register of August 29, 2003, Maximum per diem rates; Texas and California, 52211 was inadvertently dropped from that issue’s Table of Grain Inspection, Packers and Stockyards Administration Contents.] NOTICES Agency designation actions: Medicare Payment Advisory Commission Iowa, 52176 NOTICES Minnesota, 52176–52177 Meetings, 52231–52232 Various States, 52177–52180 Minerals Management Service Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency information collection activities; proposals, See Substance Abuse and Mental Health Services submissions, and approvals, 52221–52223 Administration NOTICES Meetings: Mine Safety and Health Administration Vital and Health Statistics National Committee, 52211 PROPOSED RULES Metal and nonmetal mine safety and health: Homeland Security Department Underground mines— See Coast Guard Diesel particulate matter exposure of miners; See Federal Emergency Management Agency correction, 52151–52152 See Secret Service National Aeronautics and Space Administration Housing and Urban Development Department NOTICES NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 52220 submissions, and approvals, 52186 Meetings: Indian Affairs Bureau Aerospace Safety Advisory Panel, 52232 PROPOSED RULES Revolutionize Aviation Subcommittee, 52232 No Child Left Behind Act; implementation: No Child Left Behind Negotiated Rulemaking Committee— National Foundation on the Arts and the Humanities Meetings, 52151 NOTICES Senior Executive Service: Industry and Security Bureau Performance Review Board; membership, 52232 NOTICES Agency information collection activities; proposals, National Oceanic and Atmospheric Administration submissions, and approvals, 52181 RULES Fishery conservation and management: Interior Department Alaska; fisheries of Exclusive Economic Zone— See Fish and Wildlife Service Pollock, 52141–52142 See Indian Affairs Bureau Alaska; fisheries of Exlcusive Economic Zone— See Minerals Management Service Rock sole and yellowfish sole, 52142–52144 Atlantic highly migratory species— International Trade Administration Atlantic bluefin tuna, 52140–52141 NOTICES Northeastern United States fisheries— Antidumping: Summer flounder, 52141 Polyvinyl alcohol from— Marine mammals: China, 52183 Taking and importation— Antidumping and countervailing duties: San Nicolas Island, CA; marine mammals incidental to Administrative review requests, 52181–52183 missile launch operations, 52132–52140 PROPOSED RULES International Trade Commission Fishery conservation and management: NOTICES Alaska; fisheries of Exclusive Economic Zone— Meetings; Sunshine Act, 52223–52224 Individual Fishing Quota Program, 52173 NOTICES Justice Department Meetings: See Drug Enforcement Administration Mid-Atlantic Fishery Management Council, 52183–52184
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National Science Foundation Substance Abuse and Mental Health Services NOTICES Administration Committees; establishment, renewal, termination, etc.: NOTICES NSB Public Service Award Committee, 52232–52233 Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 52214–52216 Nuclear Regulatory Commission NOTICES Surface Transportation Board Operating licenses, amendments; no significant hazards PROPOSED RULES considerations; biweekly notices, 52233–52240 Railroad services abandonment: Public participation in abandonment proceedings; comment request, 52168–52169 Patent and Trademark Office NOTICES Textile Agreements Implementation Committee Agency information collection activities; proposals, See Committee for the Implementation of Textile submissions, and approvals, 52184 Agreements Agency seal; revised, 52184–52185 Thrift Supervision Office Postal Service NOTICES RULES Agency information collection activities; proposals, Domestic Mail Manual: submissions, and approvals, 52268–52270 Indemnity claims, 52100–52104 Transportation Department Railroad Retirement Board See Federal Aviation Administration NOTICES See Surface Transportation Board Agency information collection activities; proposals, submissions, and approvals, 52240 Treasury Department See Comptroller of the Currency See Thrift Supervision Office Secret Service NOTICES United States Sentencing Commission Senior Executive Service: NOTICES Performance Review Board; membership, 52219 Sentencing guidelines and policy statements for Federal courts, 52264–52265 Securities and Exchange Commission NOTICES Veterans Affairs Department Self-regulatory organizations; proposed rule changes: NOTICES American Stock Exchange LLC, 52244–52252 Agency information collection activities; proposals, Boston Stock Exchange, Inc., 52252–52254 submissions, and approvals, 52270–52273 Chicago Board Options Exchange, Inc., 52254–52256 Meetings: Government Securities Clearing Corp., 52256–52257 Special Medical Advisory Group, 52273 International Securities Exchange, Inc., 52257–52259 National Association of Securities Dealers, Inc., 52259– 52264 Separate Parts In This Issue Philadelphia Stock Exchange, Inc., 52264 Applications, hearings, determinations, etc.: Part II Equitable Life Assurance Society of the United States, et Federal Communications Commission, 52275–52312 al., 52240–52243
Sentencing Commission, United States Reader Aids See United States Sentencing Commission Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Small Business Administration and notice of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Disaster loan areas: LISTSERV electronic mailing list, go to http:// Ohio, 52265 listserv.access.gpo.gov and select Online mailing list Meetings: archives, FEDREGTOC-L, Join or leave the list (or change National Advisory Councils, 52265–52266 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.
12 CFR 229...... 52077 14 CFR 39 (5 documents) ...... 52078, 52081, 52083, 52085, 52087 71...... 52088 Proposed Rules: 39 (2 documents) ...... 52145, 52148 71 (2 documents) ...... 52148, 52150 18 CFR 4...... 52089 16...... 52089 141...... 52089 157...... 52089 25 CFR Proposed Rules: Ch. 1 ...... 52151 30 CFR Proposed Rules: 57...... 52151 33 CFR 165 (2 documents) ...... 52096, 52098 39 CFR 111...... 52100 40 CFR 52 (3 documents) ...... 52104, 52106, 52110 271...... 52113 Proposed Rules: 52 (3 documents) ...... 52152, 52154, 52155 271...... 52156 47 CFR 51...... 52276 76...... 52127 Proposed Rules: 1...... 52156 2...... 52156 15...... 52156 27...... 52156 51...... 52307 87...... 52156 97...... 52156 48 CFR 538...... 52127 552...... 52127 923...... 52129 970...... 52129 49 CFR Proposed Rules: 1152...... 52168 50 CFR 216...... 52132 635...... 52140 648...... 52141 679 (2 documents) ...... 52141, 52142 Proposed Rules: 17...... 52169 679...... 52173
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Rules and Regulations Federal Register Vol. 68, No. 169
Tuesday, September 2, 2003
This section of the FEDERAL REGISTER generally must provide faster amendments to give affected banks contains regulatory documents having general availability for funds deposited by a ample time to make any needed applicability and legal effect, most of which ‘‘local check’’ than by a ‘‘nonlocal processing changes. The advance notice are keyed to and codified in the Code of check.’’ A check drawn on a bank is will also enable affected banks to amend Federal Regulations, which is published under considered local if it is payable by or at their availability schedules and related 50 titles pursuant to 44 U.S.C. 1510. a bank located in the same Federal disclosures, if necessary, and provide The Code of Federal Regulations is sold by Reserve check processing region as the their customers with notice of these the Superintendent of Documents. Prices of depositary bank. A check drawn on a changes.3 The Federal Reserve routing new books are listed in the first FEDERAL nonbank is considered local if it is symbols assigned to all other Federal REGISTER issue of each week. payable through a bank located in the Reserve branches and offices will same Federal Reserve check processing remain the same at this time. The Board region as the depositary bank. of Governors, however, will issue FEDERAL RESERVE SYSTEM Otherwise, a check is nonlocal. similar notices at least sixty days prior Appendix A to Regulation CC to the elimination of check operations at 12 CFR Part 229 contains a routing number guide that some other Reserve Bank offices, as [Regulation CC; Docket No. R–1160] assists banks in identifying local and described in the announcement earlier nonlocal banks and thereby determining this year. Availability of Funds and Collection of the maximum permissible hold periods The Board also is amending Checks for most deposited checks. The Regulation CC and its appendices to appendix includes a list of each Federal AGENCY: eliminate all references to Thomson Board of Governors of the Reserve check processing office and the Federal Reserve System. Financial Publishing Inc., which has first four digits of the routing number, changed its name to TFP. To avoid ACTION: Final rule. known as the Federal Reserve routing having to make future changes because SUMMARY: The Board of Governors is symbol, of each bank that is served by of a name change or substitution of amending appendix A of Regulation CC that office. Banks whose Federal service provider, the rule and to delete the reference to the Pittsburgh Reserve routing symbols are grouped appendices henceforth simply will refer check processing office of the Federal under the same office are in the same to ‘‘an agent of the American Bankers Reserve Bank of Cleveland and reassign check processing region and thus are Association.’’ local to one another. the Federal Reserve routing symbols Administrative Procedure Act currently listed under that office to the Earlier this year, the Federal Reserve Banks decided to reduce the number of The Board has not followed the head office of the Federal Reserve Bank 2 of Cleveland. These amendments reflect locations at which they process checks. provisions of 5 U.S.C. 553(b) relating to the restructuring of check processing As part of this restructuring process, the notice and public participation in operations within the Federal Reserve Pittsburgh office of the Federal Reserve connection with the adoption of this System. The Board also is amending Bank of Cleveland will cease processing final rule. The revisions to the appendices A and E of Regulation CC to checks on November 1, 2003. As of that appendices are technical in nature, and replace all references to Thomson date, banks with routing symbols the routing symbol revisions are Financial Publishing Inc. with more currently assigned to the Pittsburgh required by the statutory and regulatory general references to ‘‘an agent of the office for check processing purposes definitions of ‘‘check-processing American Bankers Association.’’ will be reassigned to the Cleveland region.’’ Because there is no substantive Reserve Bank’s head office. As a result DATES: The final rule will become change on which to seek public input, of this change, some checks that are the Board has determined that the effective on November 1, 2003. drawn on and deposited at banks FOR FURTHER INFORMATION CONTACT: Jack section 553(b) notice and comment located in the Pittsburgh and Cleveland procedures are unnecessary. K. Walton II, Assistant Director, (202) check processing regions and that 452–2660, or Jeffrey S. H. Yeganeh, currently are nonlocal checks will Paperwork Reduction Act Manager, (202) 728–5801, Division of become local checks subject to faster Reserve Bank Operations and Payment In accordance with the Paperwork availability schedules. Reduction Act of 1995 (44 U.S.C. 3506; Systems; or Adrianne G. Threatt, The Board accordingly is amending Counsel, (202) 452–3554, Legal 5 CFR 1320 appendix A.1), the Board the list of routing symbols assigned to reviewed the final rule under the Division. For users of Fourth District check processing offices Telecommunications Devices for the authority delegated to the Board by the to reflect the transfer of operations from Office of Management and Budget. This Deaf (TDD) only, contact (202) 263– Pittsburgh to Cleveland and to assist 4869. technical amendment to appendix A of banks in identifying local and nonlocal Regulation CC will delete the reference SUPPLEMENTARY INFORMATION: Regulation banks. These amendments are effective to the Pittsburgh check processing office CC establishes the maximum period a November 1, 2003, to coincide with the of the Federal Reserve Bank of depositary bank may wait between effective date of the underlying check Cleveland and reassign the routing receiving a deposit and making the processing changes. The Board is symbols listed under that office to the deposited funds available for providing advance notice of these 1 withdrawal. A depositary bank 3 Section 229.18(e) of Regulation CC requires that commercial banks, savings institutions, and credit banks notify account holders who are consumers 1 For purposes of Regulation CC, the term ‘‘bank’’ unions. within 30 days after implementing a change that refers to any depository institution, including 2 See 68 FR 31592, May 28, 2003. improves the availability of funds.
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head office of the Federal Reserve Bank and adding the phrase ‘‘an agent of the +44 1223 830090, facsimile: +44 1223 of Cleveland. The depository American Bankers Association’’ in its 830085, e-mail: [email protected]. institutions that are located in the place. You may view this information at the affected check processing regions and By order of the Board of Governors of the Federal Aviation Administration (FAA), that include the routing symbols in their Federal Reserve System, August 27, 2003. Central Region, Office of the Regional disclosure statements would be required Jennifer J. Johnson, Counsel, Attention: Rules Docket No. to notify customers of the resulting Secretary of the Board. 2000–CE–64–AD, 901 Locust, Room change in availability under § 229.18(e). 506, Kansas City, Missouri 64106; or at [FR Doc. 03–22333 Filed 8–29–03; 8:45 am] However, because all paperwork the Office of the Federal Register, 800 collection procedures associated with BILLING CODE 6210–01–P North Capitol Street NW., suite 700, Regulation CC already are in place, the Washington, DC. Board anticipates that no additional FOR FURTHER INFORMATION CONTACT: burden will be imposed as a result of DEPARTMENT OF TRANSPORTATION Cindy Lorenzen, Aerospace Engineer, this rulemaking. Federal Aviation Administration FAA, Atlanta Aircraft Certification List of Subjects in 12 CFR Part 229 Office, 1895 Phoenix Boulevard, suite 14 CFR Part 39 450, Atlanta, Georgia; telephone: (770) Banks, Banking, Federal Reserve 703–6078; facsimile: (770) 703–6097. System, Reporting and recordkeeping [Docket No. 2000–CE–64–AD; Amendment SUPPLEMENTARY INFORMATION: requirements. 39–13291; AD 2003–17–16] Discussion Authority and Issuance RIN 2120–AA64 What Events Have Caused This AD? ■ For the reasons set forth in the Airworthiness Directives; Robert E. We received reports that an unsafe preamble, the Board is amending 12 CFR Rust Models DeHavilland DH.C1 part 229 to read as follows: condition exists on certain R.E. Rust Chipmunk 21, 22, and 22A Airplanes Models DeHavilland DH.C1 Chipmunk PART 229—AVAILABILITY OF FUNDS AGENCY: Federal Aviation 21, 22, and 22A airplanes. After AND COLLECTION OF CHECKS Administration, DOT. reviewing several of these airplanes, (REGULATION CC) stress corrosion cracking was found on ACTION: Final rule. ■ the tailplane attachment brackets and 1. The authority citation for part 229 fatigue cracks and chaffing were found continues to read as follows: SUMMARY: This amendment adopts a new airworthiness directive (AD) that on the engine mount frame. Authority: 12 U.S.C. 4001 et seq. applies to certain Robert E. Rust (R.E. Cracks in the engine mount frame ■ 2. The first sentence of paragraph A Rust) Models DeHavilland DH.C1 were found in the area of the junction and the Fourth Federal Reserve District Chipmunk 21, 22, and 22A airplanes. of the front and rear top tube and engine routing symbol list in appendix A are This AD requires you to repetitively mounting foot support brackets and in revised to read as follows: inspect the tailplane attachment the front of the frame. We have determined that fatigue is the cause of Appendix A to Part 229—Routing brackets and replace each bracket at a specified time. This AD also requires the cracks. The upper aft mount frame Number Guide to Next-Day Availability tubes were also found to have damage Checks and Local Checks you to repetitively inspect each joint of the port and starboard engine mount caused by chaffing by the cowling A. Each bank is assigned a routing number frame and the rear upper mount frame support rod. by an agent of the American Bankers tubes for cracks and/or damage and Association. * * * What Is the Potential Impact if FAA repair any cracks and/or damage found. Took No Action? * * * * * This AD is the result of reports of stress These conditions, if not corrected, Fourth Federal Reserve District corrosion cracking found on the could result in failure of the tailplane [Federal Reserve Bank of Cleveland] tailplane attachment brackets and fatigue cracking and chaffing of the attachment brackets and failure of the Head Office engine mount frame. The actions engine mount. Such failures could lead 0410 2410 specified by this AD are intended to to loss of control of the airplane. 0412 2412 prevent failure of the tailplane Has FAA Taken Any Action to This 0430 2430 attachment brackets caused by stress Point? 0432 2432 corrosion cracking and failure of the 0433 2433 We issued a proposal to amend part 0434 2434 engine mount, which could result in 39 of the Federal Aviation Regulations loss of the tail section and separation of Cincinnati Branch (14 CFR part 39) to include an AD that the engine from the airplane would apply to certain R.E. Rust Models 0420 2420 respectively. Such failures could lead to DeHavilland DH.C1 Chipmunk 21, 22, 0421 2421 loss of control of the airplane. 0422 2422 and 22A airplanes. This proposal was DATES: This AD becomes effective on 0423 2423 published in the Federal Register as a October 10, 2003. supplemental notice of proposed Columbus Office The Director of the Federal Register rulemaking (NPRM) on April 15, 2003 0440 2440 approved the incorporation by reference (68 FR 18571). The supplemental NPRM 0441 2441 of certain publications listed in the proposed to require you to repetitively 0442 2442 regulations as of October 10, 2003. inspect the tailplane attachment * * * * * ADDRESSES: You may get the service brackets and replace each bracket at a ■ 3. Appendix E is amended by information referenced in this AD from specified time. The NPRM also removing the phrase ‘‘Thomson DeHavilland Support Limited, Duxford proposed to require you to repetitively Financial Publishing Inc.’’ in sections Airfield, Bldg. 213, Cambridgeshire, inspect each joint of the port and II.DD., XVIII.A.2.b.ii., and XXII.B.2.b.i. CB2 4QR, United Kingdom, telephone: starboard engine mount frame and the
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rear upper mount frame tubes for cracks require the adoption of the rule as compliance, and altered products. This and/or damage and repair any cracks proposed except for minor editorial material previously was included in and/or damage found. corrections. We have determined that each individual AD. Since this material these minor corrections: is included in 14 CFR part 39, we will Was the Public Invited To Comment? —Provide the intent that was not include it in future AD actions. The FAA encouraged interested proposed in the supplemental NPRM for Cost Impact persons to participate in the making of correcting the unsafe condition; and this amendment. We did not receive any —Do not add any additional burden How Many Airplanes Does This AD comments on the proposed rule or on upon the public than was already Impact? our determination of the cost to the proposed in the Supplemental NPRM. public. We estimate that this AD affects 54 How Does the Revision to 14 CFR Part airplanes in the U.S. registry. FAA’s Determination 39 Affect This AD? What Is the Cost Impact of This AD on What Is FAA’s Final Determination on On July 10, 2002, FAA published a This Issue? Owners/Operators of the Affected new version of 14 CFR part 39 (67 FR Airplanes? After careful review of all available 47997, July 22, 2002), which governs information related to the subject FAA’s AD system. This regulation now We estimate the following costs to presented above, we have determined includes material that relates to special accomplish an inspection of the that air safety and the public interest flight permits, alternative methods of tailplane attachment brackets:
Total cost per Total cost on Labor cost Parts cost airplane U.S. operators
32 workhours × $60 per hour = $1,920 ...... No parts required ...... $1,920 $1,920 × 54 = $103,680
We estimate the following costs to results of the proposed inspection. We of airplanes that may need such accomplish any necessary replacements have no way of determining the number replacement: that would be required based on the
Labor cost Parts cost Total cost per bracket
3 workhours × $60 per hour = $180 per bracket ...... $600 per bracket (2 brackets per airplane) ...... $180 + 600 = $780
We estimate the following costs to accomplish an inspection of the engine mount frame:
Total cost per Total cost on Labor cost Parts cost airplane U.S. operators
16 workhours × $60 per hour = $960 ...... No parts required ...... $960 $960 × 54 = $51,840
The FAA has no method of Why Is the Compliance Time Presented levels of government. Therefore, it is determining the number of repairs or in Calendar Time Instead of Hours determined that this final rule does not replacements each owner/operator will Time-in-Service (TIS)? have federalism implications under Executive Order 13132. incur over the life of each of the affected An unsafe condition specified by this airplanes based on the results of the AD is caused by corrosion. Corrosion Does This AD Involve a Significant Rule proposed inspections. We have no way can occur regardless of whether the or Regulatory Action? of determining the number of airplanes aircraft is in operation or is in storage. For the reasons discussed above, I that may need such repair. The extent Therefore, to assure that the unsafe certify that this action (1) is not a of damage may vary of each airplane. condition specified in this AD does not ‘‘significant regulatory action’’ under go undetected for a long period of time, Compliance Time of This AD Executive Order 12866; (2) is not a the compliance is presented in calendar ‘‘significant rule’’ under DOT What Will Be the Compliance Time of time instead of TIS. Regulatory Policies and Procedures (44 This AD? Regulatory Impact FR 11034, February 26, 1979); and (3) will not have a significant economic The compliance time for the initial Does This AD Impact Various Entities? inspections in this AD is ‘‘within the impact, positive or negative, on a next 90 days after the effective date of The regulations adopted herein will substantial number of small entities this AD.’’ not have a substantial direct effect on under the criteria of the Regulatory the States, on the relationship between Flexibility Act. A copy of the final the national government and the States, evaluation prepared for this action is or on the distribution of power and contained in the Rules Docket. A copy responsibilities among the various of it may be obtained by contacting the
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Rules Docket at the location provided Authority: 49 U.S.C. 106(g), 40113, 44701. (b) Who must comply with this AD? under the caption ADDRESSES. Anyone who wishes to operate any of the § 39.13 [Amended] airplanes identified in paragraph (a) of this List of Subjects in 14 CFR Part 39 ■ 2. FAA amends § 39.13 by adding a AD must comply with this AD. Air transportation, Aircraft, Aviation new AD to read as follows: (c) What problem does this AD address? safety, Incorporation by reference, The actions specified by this AD are intended Safety. 2003–17–16 Robert E. Rust: Amendment to prevent failure of the tailplane attachment 39–13291; Docket No. 2000–CE–64–AD. brackets caused by stress corrosion cracking Adoption of the Amendment (a) What airplanes are affected by this AD? and failure of the engine mount, which could ■ Accordingly, under the authority This AD affects R.E. Rust Models result in loss of the tail section and delegated to me by the Administrator, DeHavilland DH.C1 Chipmunk 21, 22, and separation of the engine from the airplane the Federal Aviation Administration 22A airplanes, serial numbers C1–001 respectively. Such failures could lead to loss amends part 39 of the Federal Aviation through C1–1014, that are type certificated in of control of the airplane. Regulations (14 CFR part 39) as follows: any category. (d) What actions must I accomplish to Note 1: We recommend all owners/ address this problem? To address this PART 39—AIRWORTHINESS operators of DeHavilland DH.C1 Chipmunk problem, you must accomplish the following: DIRECTIVES 21, 22, and 22A airplanes, serial numbers C1–001 through C1–1014, with experimental ■ 1. The authority citation for part 39 airworthiness certificates comply with the continues to read as follows: actions required in this AD.
(1) TAILPLANE ATTACHMENT BRACKETS
Compliance Actions Procedures
(i) Initially inspect within the next 90 days after Inspect, using dye penetrant, the tailplane at- In accordance with British Aerospace Military October 10, 2003 (the date of this AD). tachment brackets, part-number (P/N) Aircraft and Aerostructures (BAe Aircraft) (A) Inspect thereafter at intervals not to ex- C1.TP.167 (or FAA-approved equivalent Mandatory Technical News Sheet CT (C1) ceed 6 months or 150 fatigue hours, part) for cracks. No. 176, Issue 2, dated November 1, 1997; whichever occurs first, until the modifica- and Civil Modification Mandatory Modifica- tion required by paragraph (d)(1)(ii) of tion No. Chipmunk H357, dated March 12, this AD is incorporated. 1984. Calculate fatigue hours by multiplying (B) When the modification required by the TIS by the role factor in accordance paragraph (d)(1)(ii) is incorporated, you with British Aerospace Mandatory Technical may terminate the repetitive inspections News Sheet Series: Chipmunk (C1), No. of the tailplane attachment brackets. 138, Issue: 5, dated August 1, 1985.
(ii) At whichever of the following that occurs Replace the tailplane attachment bracket by In accordance with British Aerospace Military first: incorporating Modification H357 (P/N Aircraft and Aerostructures (BAe Aircraft) (A) Prior to further flight after the inspection C1.TP.313) or FAA-approved equivalent Mandatory Technical News Sheet CT (C1) where any crack is found; or part number. Installing P/N C1.TP.313 )or No. 176, Issue 2, dated November 1, 1997; (B) Upon accumulating 9,984 fatigue hours FAA-approved equivalent part number) ter- and Civil Modification No. Chipmunk H357, or within the next 90 days after October minates the repetitive inspection require- dated March 12, 1984. Calculate fatigue 10, 2003 (the effective date of this AD), ment of the tailplane attachment brackets. hours by multiplying the TIS by the role in whichever occurs later. accordance with British Aerospace Manda- tory Technical News Sheet Series: Chip- munk (C1), No. 138, Issue: 5, dated August 1, 1985.
(iii) As of October 10, 2003 (the effective date Only install a tailplane attachment bracket that Not applicable. of this AD). is P/N C1.TP.313. or FAA-approved equiva- lent part number.
(iv) As of October 10, 2003 (the effective date Incorporate the following into the Aircraft Log- In accordance with British Aerospace Military of this AD). book: ‘‘In accordance with AD 2003–17–16, Aircraft and Aerostructures (BAe Aircraft) the tailplane attachment bracket is life lim- Mandatory Technical News Sheet CT (C1) ited to 9,984 fatigue hours.’’ No. 176, Issue 2, dated November 1, 1997.
(2) ENGINE MOUNT FRAMES
Actions Compliance Procedures
(i) Inspect each joint of the port and starboard Initially inspect within the next 90 days after In accordance with British Aerospace engine mount and the rear upper mount October 10, 2003 (the effective date of this Aerostructures Limited (BAe Aircraft) Man- frame tubes for cracks and damage. AD). Repetitively inspect thereafter at inter- datory Technical News Sheet CT (C1) No. vals not to exceed 600 hours TIS. 190, Issue 2, dated April 1, 1995.
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(2) ENGINE MOUNT FRAMES—Continued
Actions Compliance Procedures
(ii) If cracks or damage is found during any in- Prior to further flight after the inspection in Repair in accordance with AC 43.13–1B, spection required in paragraph (d)(2)(i) of this which any crack or damage is found. Re- Change 1, dated September 27, 2001, AD: petitively inspect as required in paragraph Chapter 4, Paragraph 4–99 or in accord- (A) obtain a repair scheme from the manu- (d)(2)(i) of this AD. ance with the repair scheme obtained from facturer through the FAA at the address DeHavilland Support Limited, Duxford Air- specified in paragraph (e) of this AD and field, Bldg. 213, Cambridgeshire, CB2 4QR, incorporate this repair scheme, or repair United Kingdom. Obtain this repair scheme in accordance with FAA Advisory Cir- through the FAA at the address specified in cular (AC) 43.13–1B, Change 1, dated paragraph (f) of this AD. Replace in accord- September 27, 2001, Chapter 4, Para- ance with British Aerospace Aerostructures graph 4–99; or Limited (BAe Aircraft) Mandatory Technical (B) replace with a new or serviceable part. News Sheet CT (C1) No. 190, Issue 2, dated April 1, 1995, or AC 43.13–1B, Change 1, dated September 27, 2001, Chapter 4, Paragraph 4–99.
(iii) Bind the rear upper mount frame tubes with Prior to further flight after any inspection re- In accordance with British Aerospace a high density polythene tape at the location quired in paragraph (d)(2)(i) of this AD if no Aerostructures Limited (BAe Aircraft) Man- where the cowling support rod clip is se- cracks or damage is found, and prior to fur- datory Technical News Sheet CT (C1) No. cured. ther flight after any repairs or replacement 190, Issue 2, dated April 1, 1995. is made as required in paragraph (d)(2)(ii) of this AD .
(e) Can I comply with this AD in any other Issued in Kansas City, Missouri, on August main cabin. This action is intended to way? To use an alternative method of 19, 2003. address the identified unsafe condition. compliance or adjust the compliance time, Michael Gallagher, DATES: Effective October 7, 2003. use the procedures in 14 CFR 39.19. Send Manager, Small Airplane Directorate, Aircraft The incorporation by reference of these requests to the Manager, Atlanta Certification Service. certain publications listed in the Aircraft Certification Office (ACO). Contact [FR Doc. 03–21742 Filed 8–29–03; 8:45 am] regulations is approved by the Director Cindy Lorenzen, Aerospace Engineer, FAA, BILLING CODE 4910–13–P of the Federal Register as of October 7, Atlanta Aircraft Certification Office, 1895 2003. Phoenix Boulevard, Suite 450, Atlanta, ADDRESSES: The service information Georgia; telephone: (770) 703–6078; DEPARTMENT OF TRANSPORTATION referenced in the proposed rule may be facsimile: (770) 703–6097. obtained from Boeing Commercial (f) Are any service bulletins incorporated Federal Aviation Administration Aircraft Group, Long Beach Division, into this AD by reference? Actions required 3855 Lakewood Boulevard, Long Beach, by this AD must be done in accordance with 14 CFR Part 39 California 90846, Attention: Data and British Aerospace Military Aircraft and Service Management, Dept. C1–L5A Aerostructures (BAe Aircraft) Mandatory [Docket No. 2002–NM–74–AD; Amendment (D800–0024). This information may be Technical News Sheet CT (C1) No. 176, Issue 39–13287; AD 2003–17–12] examined at the FAA, Transport 2, dated November 1, 1997; Civil RIN 2120–AA64 Airplane Directorate, 1601 Lind Modification Mandatory Modification No. Avenue, SW., Renton, Washington; or at Chipmunk H357, dated March 12, 1984; Airworthiness Directives; McDonnell British Aerospace Mandatory Technical the FAA, Los Angeles Aircraft Douglas Model MD–11 and MD–11F Certification Office, 3960 Paramount News Sheet Series: Chipmunk (C1), No. 138, Airplanes Issue: 5, dated August 1, 1985; and British Boulevard, Lakewood, California; or at Aerospace Aerostructures Limited (BAe AGENCY: Federal Aviation the Office of the Federal Register, 800 Aircraft) Mandatory Technical News Sheet Administration, DOT. North Capitol Street NW., suite 700, Washington, DC. CT (C1) No. 190, Issue 2, including Appendix ACTION: Final rule. 1 (Part B), dated April 1, 1995. The Director FOR FURTHER INFORMATION CONTACT: of the Federal Register approved this SUMMARY: This amendment adopts a Natalie Phan-Tran, Aerospace Engineer, incorporation by reference under 5 U.S.C. new airworthiness directive (AD), Systems and Equipment Branch, ANM– 552(a) and 1 CFR part 51. You may get copies applicable to certain McDonnell 130L, FAA, Los Angeles Aircraft from DeHavilland Support Limited, Duxford Douglas Model MD–11 and MD–11F Certification Office, 3960 Paramount Airfield, Bldg. 213, Cambridgeshire, CB2 airplanes, that requires a one-time Boulevard, Lakewood, California 4QR, United Kingdom, telephone: +44 1223 visual inspection of the circuit breakers 90712–4137; telephone (562) 627–5343; 830090, facsimile: +44 1223 830085, e-mail: to determine if discrepant circuit fax (562) 627–5210. [email protected]. You may view copies breakers are installed, and corrective SUPPLEMENTARY INFORMATION: A at the FAA, Central Region, Office of the action if necessary. This action is proposal to amend part 39 of the Federal Regional Counsel, 901 Locust, Room 506, necessary to prevent internal Aviation Regulations (14 CFR part 39) to Kansas City, Missouri, or at the Office of the overheating and arcing of circuit include an airworthiness directive (AD) Federal Register, 800 North Capitol Street, breakers and airplane wiring due to that is applicable to certain McDonnell NW., suite 700, Washington, DC. long-term use and breakdown of Douglas Model MD–11 and MD–11E (g) When does this amendment become internal components of the circuit airplanes series airplanes was published effective? This amendment becomes effective breakers, which could result in smoke in the Federal Register on June 11, 2003 on October 10, 2003. and fire in the flight compartment and (68 FR 34847). That action proposed to
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require a one-time visual inspection of necessary to perform the specific actions provision, regardless of whether it has been the circuit breakers to determine if actually required by the AD. These otherwise modified, altered, or repaired in discrepant circuit breakers are installed, figures typically do not include the area subject to the requirements of this and corrective action if necessary. incidental costs, such as the time AD. For airplanes that have been modified, altered, or repaired so that the performance required to gain access and close up, Comments of the requirements of this AD is affected, the planning time, or time necessitated by owner/operator must request approval for an Interested persons have been afforded other administrative actions. alternative method of compliance in an opportunity to participate in the accordance with paragraph (c) of this AD. making of this amendment. No Regulatory Impact The request should include an assessment of comments were submitted in response The regulations adopted herein will the effect of the modification, alteration, or to the proposal or the FAA’s not have a substantial direct effect on repair on the unsafe condition addressed by determination of the cost to the public. the States, on the relationship between this AD; and, if the unsafe condition has not the national Government and the States, been eliminated, the request should include Conclusion specific proposed actions to address it. or on the distribution of power and The FAA has determined that air responsibilities among the various Compliance: Required as indicated, unless safety and the public interest require the accomplished previously. levels of government. Therefore, it is To prevent internal overheating and arcing adoption of the rule as proposed. determined that this final rule does not of circuit breakers and airplane wiring due to Changes to 14 CFR Part 39/Effect on the have federalism implications under long-term use and breakdown of internal AD Executive Order 13132. components of the circuit breakers, which For the reasons discussed above, I could result in smoke and fire in the flight On July 10, 2002, the FAA issued a certify that this action (1) is not a compartment and main cabin, accomplish new version of 14 CFR part 39 (67 FR ‘‘significant regulatory action’’ under the following: 47997, July 22, 2002), which governs the Executive Order 12866; (2) is not a Inspection and Replacement FAA’s airworthiness directives system. ‘‘significant rule’’ under DOT The regulation now includes material (a) Within 24 months after the effective Regulatory Policies and Procedures (44 date of this AD: Perform a one-time general that relates to altered products, special FR 11034, February 26, 1979); and (3) visual inspection of the circuit breakers to flight permits, and alternative methods will not have a significant economic determine if discrepant circuit breakers are of compliance. However, for clarity and impact, positive or negative, on a installed (includes circuit breakers consistency in this final rule, we have substantial number of small entities manufactured by Wood Electric and Wood retained the language of the NPRM under the criteria of the Regulatory Electric Division of Brumfield Potter regarding that material. Flexibility Act. A final evaluation has Corporations, and incorrect circuit breakers installed per Boeing Alert Service Bulletin Change to Labor Rate Estimate been prepared for this action and it is MD11–24A137, dated February 28, 2002), per contained in the Rules Docket. A copy We have reviewed the figures we have Boeing Alert Service Bulletin MD11–24A137, of it may be obtained from the Rules Revision 01, dated March 11, 2003. used over the past several years to Docket at the location provided under calculate AD costs to operators. To Note 2: For the purposes of this AD, a the caption ADDRESSES. general visual inspection is defined as: ‘‘A account for various inflationary costs in visual examination of an interior or exterior the airline industry, we find it necessary List of Subjects in 14 CFR Part 39 area, installation, or assembly to detect to increase the labor rate used in these Air transportation, Aircraft, Aviation obvious damage, failure, or irregularity. This calculations from $60 per work hour to safety, Incorporation by reference, level of inspection is made from within $65 per work hour. The cost impact Safety. touching distance unless otherwise specified. information, below, reflects this A mirror may be necessary to enhance visual increase in the specified hourly labor Adoption of the Amendment access to all exposed surfaces in the rate. inspection area. This level of inspection is ■ Accordingly, pursuant to the authority made under normally available lighting Cost Impact delegated to me by the Administrator, conditions such as daylight, hangar lighting, the Federal Aviation Administration flashlight, or droplight and may require There are approximately 193 amends part 39 of the Federal Aviation removal or opening of access panels or doors. airplanes of the affected design in the Regulations (14 CFR part 39) as follows: Stands, ladders, or platforms may be required worldwide fleet. The FAA estimates that to gain proximity to the area being checked.’’ 69 airplanes of U.S. registry will be PART 39—AIRWORTHINESS (1) If no discrepant circuit breaker is found: affected by this AD, that it will take DIRECTIVES No further action is required by this approximately 80 work hours per paragraph. ■ airplane to accomplish the required 1. The authority citation for part 39 (2) If any discrepant circuit breaker is inspection of the circuit breakers (over continues to read as follows: found: At the next scheduled maintenance 700 installed on each airplane), and that Authority: 49 U.S.C. 106(g), 40113, 44701. visit, but not later than 24 months after the the average labor rate is $65 per work effective date of this AD, replace the circuit hour. Based on these figures, the cost § 39.13 [Amended] breaker with a new, approved circuit breaker, per Revision 01 of the service bulletin. impact of the AD on U.S. operators is ■ 2. Section 39.13 is amended by adding estimated to be $358,800, or $5,200 per the following new airworthiness Part Installation airplane. directive: (b) As of the effective date of this AD, no The cost impact figure discussed 2003–17–12 McDonnell Douglas: person shall install, on any airplane, a circuit above is based on assumptions that no Amendment 39–13287. Docket 2002– breaker having a part number listed in the operator has yet accomplished any of NM–74–AD. ‘‘Existing Part Number’’ column in the table specified in paragraph 2.C.2., of Boeing Alert the requirements of this AD action, and Applicability: Model MD–11 and MD–11F that no operator would accomplish Service Bulletin MD11–24A137, Revision 01, airplanes, as listed in Boeing Alert Service dated March 11, 2003. those actions in the future if this AD Bulletin MD11–24A137, Revision 01, dated were not adopted. The cost impact March 11, 2003; certificated in any category. Alternative Methods of Compliance figures discussed in AD rulemaking Note 1: This AD applies to each airplane (c) An alternative method of compliance or actions represent only the time identified in the preceding applicability adjustment of the compliance time that
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provides an acceptable level of safety may be SUMMARY: This amendment adopts a consideration has been given to the used if approved by the Manager, Los new airworthiness directive (AD), single comment received. Angeles Aircraft Certification Office (ACO), applicable to certain Bombardier Model Request To Provide for Incorporation of FAA. Operators shall submit their requests DHC–8–102, –103, –106, –201, –202, through an appropriate FAA Principal Temporary Revisions (TRs) Into –301, –311, and –315 airplanes. This AD Maintenance Inspector, who may add General Revisions of Maintenance requires replacement of the elevator comments and then send it to the Manager, Program Support Manual (PSM) Los Angeles ACO. stop bumpers of the horizontal stabilizer One commenter requests that the FAA Note 3: Information concerning the with new bumpers. The actions existence of approved alternative methods of specified by this AD are intended to revise the supplemental NPRM to compliance with this AD, if any, may be prevent damage to the elevator trailing address the issue of the future obtained from the Los Angeles ACO. edge due to a broken or missing elevator incorporation of the TRs referenced in stop bumper, which could result in the supplemental NPRM into the Special Flight Permit jamming of the spring tab and general revisions of the applicable (d) Special flight permits may be issued in consequent reduced controllability of PSMs. The commenter states that accordance with sections 21.197 and 21.199 the airplane. This action is intended to providing for this eventuality in this AD of the Federal Aviation Regulations (14 CFR address the identified unsafe condition. would eliminate the need for operators 21.197 and 21.199) to operate the airplane to to request approval from the FAA of an DATES: Effective October 7, 2003. a location where the requirements of this AD alternative method of compliance can be accomplished. The incorporation by reference of (AMOC) with this AD in the future. Incorporation by Reference certain publications listed in the We concur. Once TRs have been regulations is approved by the Director (e) The actions shall be done in accordance incorporated into the PSM, the TRs are with Boeing Alert Service Bulletin MD11– of the Federal Register as of October 7, voided. Thus, referring to the TRs alone 24A137, Revision 01, dated March 11, 2003. 2003. may necessitate that operators must This incorporation by reference was ADDRESSES: The service information apply for an AMOC once the approved by the Director of the Federal referenced in this AD may be obtained information in the applicable TR has Register in accordance with 5 U.S.C. 552(a) from Bombardier, Inc., Bombardier been incorporated into the applicable and 1 CFR part 51. Copies may be obtained Regional Aircraft Division, 123 Garratt PSM. We have added a new paragraph from Boeing Commercial Aircraft Group, Boulevard, Downsview, Ontario M3K Long Beach Division, 3855 Lakewood (c) to this AD, and re-identified Boulevard, Long Beach, California 90846, 1Y5, Canada. This information may be subsequent paragraphs accordingly, to Attention: Data and Service Management, examined at the Federal Aviation state that, when the information in the Dept. C1–L5A (D800–0024). Copies may be Administration (FAA), Transport applicable TR has been included in the inspected at the FAA, Transport Airplane Airplane Directorate, Rules Docket, general revisions of the applicable PSM, Directorate, 1601 Lind Avenue, SW., Renton, 1601 Lind Avenue, SW., Renton, the general revisions may be inserted in Washington; or at the Los Angeles Aircraft Washington; or at the FAA, New York the PSM, and the applicable TR may be Certification Office, 3960 Paramount Aircraft Certification Office, 10 Fifth removed from the Airworthiness Boulevard, Lakewood, California; or at the Street, Third Floor, Valley Stream, New Limitations section of the Instructions Office of the Federal Register, 800 North York; or at the Office of the Federal Capitol Street, NW., suite 700, Washington, for Continued Airworthiness. DC. Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Conclusion Effective Date FOR FURTHER INFORMATION CONTACT: After careful review of the available (f) This amendment becomes effective on Serge Napoleon, Aerospace Engineer, data, including the comment noted October 7, 2003. Airframe and Propulsion Branch, ANE– above, the FAA has determined that air Issued in Renton, Washington, on August 171, FAA, New York Aircraft safety and the public interest require the 20, 2003. Certification Office, 10 Fifth Street, adoption of the rule with the change Kyle L. Olsen, Third Floor, Valley Stream, New York previously described. The FAA has Acting Manager, Transport Airplane 11581; telephone (516) 256–7512; fax determined that this change will neither Directorate, Aircraft Certification Service. (516) 568–2716. increase the economic burden on any [FR Doc. 03–21869 Filed 8–29–03; 8:45 am] operator nor increase the scope of the SUPPLEMENTARY INFORMATION: A AD. BILLING CODE 4910–13–P proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to Interim Action include an airworthiness directive (AD) DEPARTMENT OF TRANSPORTATION This is considered to be interim that is applicable to certain Bombardier action until final action is identified, at Federal Aviation Administration Model DHC–8–102, –103, and –106 which time we may consider further airplanes; Model DHC–8–201 and –202 rulemaking. 14 CFR Part 39 airplanes; and Model DHC–8–301, –311, and –315 airplanes; was published as a Change to Labor Rate Estimate [Docket No. 2001–NM–109–AD; Amendment supplemental notice of proposed Since the issuance of the 39–13288; AD 2003–17–13] rulemaking (NPRM) in the Federal supplemental NPRM, we have reviewed Register on June 2, 2003 (68 FR 32695). the figures we have used over the past RIN 2120–AA64 That action proposed to require several years to calculate AD costs to replacement of the elevator stop operators. To account for various Airworthiness Directives; Bombardier bumpers of the horizontal stabilizer inflationary costs in the airline industry, Model DHC–8–102, –103, –106, –201, with new bumpers. we find it necessary to increase the –202, –301, –311, and –315 Airplanes labor rate used in these calculations Comments AGENCY: Federal Aviation from $60 per work hour to $65 per work Administration, DOT. Interested persons have been afforded hour. The cost impact information, an opportunity to participate in the below, reflects this increase in the ACTION: Final rule. making of this amendment. Due specified hourly labor rate.
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Cost Impact the national Government and the States, PART 39—AIRWORTHINESS or on the distribution of power and We estimate that 195 Bombardier DIRECTIVES responsibilities among the various Model DHC–8–102, –103, and –106 levels of government. Therefore, it is ■ airplanes; Model DHC–8–201 and –202 1. The authority citation for part 39 determined that this final rule does not airplanes; and Model DHC–8–301, –311, continues to read as follows: have federalism implications under and –315 airplanes; of U.S. registry will Authority: 49 U.S.C. 106(g), 40113, 44701. Executive Order 13132. be affected by this AD, that it will take For the reasons discussed above, I approximately 2 work hours per certify that this action (1) is not a § 39.13 [Amended] airplane to accomplish the required ‘‘significant regulatory action’’ under ■ 2. Section 39.13 is amended by adding actions, and that the average labor rate Executive Order 12866; (2) is not a is $65 per work hour. Based on these the following new airworthiness ‘‘significant rule’’ under DOT directive: figures, the cost impact of this AD on Regulatory Policies and Procedures (44 U.S. operators is estimated to be FR 11034, February 26, 1979); and (3) 2003–17–13 Bombardier, Inc. (Formerly de $25,350, or $130 per airplane. will not have a significant economic Havilland, Inc.): Amendment 39–13288. The cost impact figure discussed impact, positive or negative, on a Docket 2001–NM–109–AD. above is based on assumptions that no substantial number of small entities Applicability: Model DHC–8–102, –103, operator has yet accomplished any of under the criteria of the Regulatory –106, –201, –202, –301, –311, and –315 the requirements of this AD action, and Flexibility Act. A final evaluation has airplanes; certificated in any category; serial that no operator would accomplish been prepared for this action and it is numbers 003 and subsequent. those actions in the future if this AD contained in the Rules Docket. A copy Compliance: Required as indicated, unless were not adopted. The cost impact of it may be obtained from the Rules accomplished previously. figures discussed in AD rulemaking Docket at the location provided under To prevent damage to the elevator trailing actions represent only the time the caption ADDRESSES. edge due to a broken or missing elevator stop necessary to perform the specific actions bumper, which could result in jamming of actually required by the AD. These List of Subjects in 14 CFR Part 39 the spring tab and consequent reduced figures typically do not include Air transportation, Aircraft, Aviation controllability of the airplane, accomplish incidental costs, such as the time safety, Incorporation by reference, the following: required to gain access and close up, Safety. Revision of Airworthiness Limitation (AWL) Section planning time, or time necessitated by Adoption of the Amendment other administrative actions. (a) For all airplanes: Within 30 days after ■ Accordingly, pursuant to the authority Regulatory Impact the effective date of this AD, revise the AWL delegated to me by the Administrator, section of the Instructions for Continued The regulations adopted herein will the Federal Aviation Administration Airworthiness by inserting a copy of the not have a substantial direct effect on amends part 39 of the Federal Aviation following applicable de Havilland, Inc., the States, on the relationship between Regulations (14 CFR part 39) as follows: temporary revision into the AWL section:
TABLE—TEMPORARY REVISIONS
Of mainte- nance pro- For model Nos.— de Havilland, Inc., TR Dated gram sup- port manual (PSM)
DHC–8–102, –103, and –106 airplanes ...... AWL–84 ...... December 20, 2002 ...... 1–8–7 DHC–8–201 and –202 airplanes ...... AWL 2–24 ...... December 20, 2002 ...... 1–82–7 DHC–8–301, –311, –314, and –315 airplanes ...... AWL 3–91 ...... December 20, 2002 ...... 1–83–7
(b) Thereafter, except as provided in after the effective date of this AD, whichever de Havilland, Inc., Temporary Revision paragraphs (d) and (e) of this AD, no occurs first, replace the left and right upper AWL–84, dated December 20, 2002, to the alternative replacement intervals may be and lower elevator stop bumpers of the Airworthiness Limitations List of approved for the elevator stop bumpers. horizontal stabilizer with new bumpers Maintenance Program Support Manual 1–8– having the same part numbers as the existing 7, and Dash 8 Series 100 (de Havilland, Inc.) Incorporation of TRs Into General Revisions bumpers, per the procedures specified in the Maintenance Task Card 2730/22, dated April (c) When the information in the applicable applicable Dash 8 (de Havilland, Inc.) 25, 2001; or de Havilland, Inc., Temporary de Havilland, Inc., TR listed in the table in Maintenance Task Card 2730/22, dated April Revision AWL 2–24, dated December 20, this AD has been included in the general 25, 2001 (for series 100, 200, and 300). 2002, to the Airworthiness Limitations List of revisions of the applicable PSM listed in the Repeat the replacement thereafter per the Maintenance Program Support Manual 1–82– table in this AD, the general revisions may intervals specified in the AWL revision 7, and Dash 8 Series 200 (de Havilland, Inc.) be inserted in the PSM, and the applicable required by paragraph (a) of this AD. Maintenance Task Card 2730/22, dated April TR may be removed from the AWL section 25, 2001; or de Havilland, Inc., Temporary of the Instructions for Continued Alternative Methods of Compliance Revision AWL 3–91, dated December 20, Airworthiness. (e) Per 14 CFR 39.19, the Manager, New 2002, to the Airworthiness Limitations List of York Aircraft Certification Office, FAA, is Maintenance Program Support Manual 1–83– Phase-In Replacement authorized to approve alternative methods of 7, and Dash 8 Series 300 (de Havilland, Inc.) (d) For elevator stop bumpers that have compliance for this AD. Maintenance Task Card 2730/22, dated April accumulated more than 5,000 total flight 25, 2001; as applicable. This incorporation by hours or have more than 30 months total Incorporation by Reference reference was approved by the Director of the time-in-service as of the effective date of this (f) Unless otherwise specified in this AD, Federal Register in accordance with 5 U.S.C. AD: Within 6 months or 1,000 flight hours the actions shall be done in accordance with 552(a) and 1 CFR part 51. Copies may be
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obtained from Bombardier, Inc., Bombardier action is necessary to prevent failure of commenter concurs with the proposed Regional Aircraft Division, 123 Garratt both structural plies of the windshield AD. Boulevard, Downsview, Ontario M3K 1Y5, caused by overheating of the power lead Canada. Copies may be inspected at the FAA, Conclusion Transport Airplane Directorate, 1601 Lind wire, which could cause reduced Avenue SW, Renton, Washington; or at the structural integrity of the windshield After careful review of the available FAA, New York Aircraft Certification Office, assembly, and consequent loss of the data, including the comment noted 10 Fifth Street, Third Floor, Valley Stream, windshield during flight. This action is above, the FAA has determined that air New York; or at the Office of the Federal intended to address the identified safety and the public interest require the Register, 800 North Capitol Street, NW., suite unsafe condition. adoption of the rule as proposed. 700, Washington, DC. DATES: Effective October 7, 2003. Note: The subject of this AD is addressed Changes to 14 CFR Part 39/Effect on the in Canadian airworthiness directive CF– The incorporation by reference of AD 2001–08R1, effective January 10, 2003. certain publications listed in the regulations is approved by the Director On July 10, 2002, the FAA issued a Effective Date of the Federal Register as of October 7, new version of 14 CFR part 39 (67 FR (g) This amendment becomes effective on 2003. 47997, July 22, 2002), which governs the FAA’s airworthiness directives system. October 7, 2003. ADDRESSES: The service information The regulation now includes material Issued in Renton, Washington, on August referenced in this AD may be obtained 20, 2003. that relates to altered products, special from Airbus Industrie, 1 Rond Point flight permits, and alternative methods Kyle L. Olsen, Maurice Bellonte, 31707 Blagnac Cedex, of compliance. However, for clarity and Acting Manager, Transport Airplane France. This information may be consistency in this final rule, we have Directorate, Aircraft Certification Service. examined at the Federal Aviation retained the language of the NPRM [FR Doc. 03–21870 Filed 8–29–03; 8:45 am] Administration (FAA), Transport regarding that material. BILLING CODE 4910–13–P Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Change to Labor Rate Estimate Washington; or at the Office of the DEPARTMENT OF TRANSPORTATION We have reviewed the figures we have Federal Register, 800 North Capitol used over the past several years to Street, NW., suite 700, Washington, DC. Federal Aviation Administration calculate AD costs to operators. To FOR FURTHER INFORMATION CONTACT: Tom account for various inflationary costs in 14 CFR Part 39 Rodriguez, Aerospace Engineer, the airline industry, we find it necessary International Branch, ANM–116, FAA, to increase the labor rate used in these [Docket No. 2002–NM–50–AD; Amendment Transport Airplane Directorate, 1601 calculations from $60 per work hour to 39–13289; AD 2003–17–14] Lind Avenue, SW., Renton, Washington $65 per work hour. The cost impact RIN 2120–AA64 98055–4056; telephone (425) 227–1137; information, below, reflects this fax (425) 227–1149. increase in the specified hourly labor Airworthiness Directives; Airbus Model SUPPLEMENTARY INFORMATION: A rate. A300 B2 and B4; A300 B4–600, A300 proposal to amend part 39 of the Federal Cost Impact B4–600R, and A300 F4–600R Aviation Regulations (14 CFR part 39) to (Collectively Called A300–600); A310; include an airworthiness directive (AD) We estimate that 622 airplanes of U.S. A319; A320; A321; A330; and A340 that is applicable to certain Airbus registry will be affected by this AD. Series Airplanes; Equipped With PPG Model A300 B2 and B4; A300 B4–600, Currently, there are no Model A340 Aerospace Windshields A300 B4–600R, and A300 F4–600R series airplanes on the U.S. registry. AGENCY: Federal Aviation (collectively called A300–600); A310; The following table shows the Administration, DOT. A319; A320; A321; A330; and A340 estimated cost impact to do the required ACTION: Final rule. series airplanes; equipped with certain actions for airplanes affected by this AD. PPG Aerospace windshields; was The following table also shows the SUMMARY: This amendment adopts a published in the Federal Register on estimated cost impact for Model A340 new airworthiness directive (AD), June 4, 2003 (68 FR 33416). That action series airplanes affected by this AD, applicable to certain Airbus Model proposed to require replacement of should an affected airplane be imported A300 B2 and B4; A300 B4–600, A300 certain windshields manufactured by and placed on the U.S. Register in the B4–600R, and A300 F4–600R PPG Aerospace with new windshields. future. The average labor rate is $65 per (collectively called A300–600); A310; work hour, and there are 2 windshields Comments A319; A320; A321; A330; and A340 per airplane. The estimated maximum series airplanes; equipped with certain Interested persons have been afforded cost for all airplanes affected by this PPG Aerospace windshields. This AD an opportunity to participate in the proposed AD is $12,029,480 (assuming requires replacement of certain making of this amendment. Due both windshields must be replaced on windshields manufactured by PPG consideration has been given to the all affected airplanes); however, some Aerospace with new windshields. This single comment received. The warranty relief may be available.
Number of Work hours Parts cost per Maximum Cost Model U.S. registered per windshield windshield Per airplane airplanes (estimated) (estimated) (estimated)
A300 B2 and B4, A300–600, A310, A319, A320, A321, A330 ...... 622 8 $9,150 $19,340 A340 ...... 0 8 9,150 19,340
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The cost impact figure discussed responsibilities among the various Adoption of the Amendment above is based on assumptions that no levels of government. Therefore, it is operator has yet accomplished any of determined that this final rule does not ■ Accordingly, pursuant to the authority the requirements of this AD action, and have federalism implications under delegated to me by the Administrator, that no operator would accomplish Executive Order 13132. the Federal Aviation Administration those actions in the future if this AD For the reasons discussed above, I amends part 39 of the Federal Aviation were not adopted. The cost impact certify that this action (1) is not a Regulations (14 CFR part 39) as follows: figures discussed in AD rulemaking ‘‘significant regulatory action’’ under actions represent only the time Executive Order 12866; (2) is not a PART 39—AIRWORTHINESS necessary to perform the specific actions ‘‘significant rule’’ under DOT DIRECTIVES actually required by the AD. These Regulatory Policies and Procedures (44 ■ figures typically do not include FR 11034, February 26, 1979); and (3) 1. The authority citation for part 39 incidental costs, such as the time will not have a significant economic continues to read as follows: required to gain access and close up, impact, positive or negative, on a Authority: 49 U.S.C. 106(g), 40113, 44701. planning time, or time necessitated by substantial number of small entities other administrative actions. The under the criteria of the Regulatory § 39.13 [Amended] manufacturer may cover the cost of Flexibility Act. A final evaluation has ■ replacement parts associated with this 2. Section 39.13 is amended by adding been prepared for this action and it is AD, subject to warranty conditions. As the following new airworthiness contained in the Rules Docket. A copy a result, the costs attributable to the AD directive: of it may be obtained from the Rules may be less than stated above. Docket at the location provided under 2003–17–14 Airbus: Amendment 39–13289. Regulatory Impact the caption ADDRESSES. Docket 2002–NM–50–AD. Applicability: Airplanes listed in Table 1 of The regulations adopted herein will List of Subjects in 14 CFR Part 39 not have a substantial direct effect on this AD, certificated in any category, as the States, on the relationship between Air transportation, Aircraft, Aviation follows: the national Government and the States, safety, Incorporation by reference, or on the distribution of power and Safety.
TABLE 1.—APPLICABILITY
Equipped with PPG aerospace windshields having— Model Part number (P/N) And serial numbers (S/N) as listed in
A300 B2 and B4 series airplanes ...... NP–175201–1, NP–175201–2, or NP– Airbus All Operators Telex A300–56A0011, 175201–4. dated October 2, 2001. A300 B4–600, A300 B4–600R, and A300 F4– NP–175201–1, NP–175201–2, or NP– Airbus All Operators Telex A300–600- 600R (collectively called A300–600) series 175201–4. 56A6004, dated October 2, 2001. airplanes. A310 series airplanes ...... NP–175201–1, NP–175201–2, or NP– Airbus All Operators Telex A310–56A2005, 175201–4. dated October 2, 2001. A319, A320, and A321 series airplanes ...... NP–165311–2, NP–165311–3, NP–165311–4, Airbus All Operators Telex A320–56A1010, NP–165311–5, or NP–165311–6. Revision 01, dated October 1, 2001. A330 series airplanes ...... NP–175201–1, NP–175201–2, or NP– Airbus All Operators Telex A330–56A3005, 175201–4. dated October 2, 2001. A340 series airplanes ...... NP–175201–1, NP–175201–2, or NP– Airbus All Operators Telex A340–56A4005, 175201–4. dated October 2, 2001.
Note 1: This AD applies to each airplane assembly, and consequent loss of the windshield manufactured by PPG Aerospace identified in the preceding applicability windshield during flight, accomplish the having a certain P/N and S/N listed in the provision, regardless of whether it has been following: applicable AOT listed in Table 1 of this AD. modified, altered, or repaired in the area subject to the requirements of this AD. For Windshield Replacement Alternative Methods of Compliance (a) Within 6 months after the effective date airplanes that have been modified, altered, or (c) An alternative method of compliance or repaired so that the performance of the of this AD, replace windshields adjustment of the compliance time that requirements of this AD is affected, the manufactured by PPG Aerospace having owner/operator must request approval for an certain P/Ns and S/Ns listed in the applicable provides an acceptable level of safety may be alternative method of compliance in Airbus all operators telex (AOT) listed in used if approved by the Manager, accordance with paragraph (c) of this AD. Table 1 of this AD with new windshields, per International Branch, ANM–116, FAA, The request should include an assessment of the applicable Airbus AOT listed in Table 1 Transport Airplane Directorate. Operators the effect of the modification, alteration, or of this AD. shall submit their requests through an repair on the unsafe condition addressed by Note 2: The Airbus AOTs reference PPG appropriate FAA Principal Maintenance this AD; and, if the unsafe condition has not Aerospace Service Bulletin NP–175201–56– Inspector, who may add comments and then been eliminated, the request should include 001, dated September 26, 2001, as an send it to the Manager, International Branch, specific proposed actions to address it. additional source of service information for ANM–116. Compliance: Required as indicated, unless accomplishing the replacement required by accomplished previously. this AD. Note 3: Information concerning the To prevent failure of both structural plies existence of approved alternative methods of of the windshield caused by overheating of Part Installation compliance with this AD, if any, may be the power lead wire, which could cause (b) As of the effective date of this AD, no obtained from the International Branch, reduced structural integrity of the windshield person shall install on any airplane a ANM–116.
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Special Flight Permits a location where the requirements of this AD Incorporation by Reference (d) Special flight permits may be issued in can be accomplished. (e) The actions shall be done in accordance accordance with sections 21.197 and 21.199 with the applicable Airbus all operators telex of the Federal Aviation Regulations (14 CFR (AOT) listed in Table 2 of this AD, as shown 21.197 and 21.199) to operate the airplane to below:
TABLE 2.—AIRBUS ALL OPERATORS TELEXES
Airbus all operators telex Revision level Date
A300–56A0011 ...... Original ...... October 2, 2001. A300–600–56A6004 ...... Original ...... October 2, 2001. A310–56A2005 ...... Original ...... October 2, 2001. A320–56A1010 ...... 01 ...... October 1, 2001. A330–56A3005 ...... Original ...... October 2, 2001. A340–56A4005 ...... Original ...... October 2, 2001.
This incorporation by reference was proper position, and installing a clamp Comments approved by the Director of the Federal between the wire bundles and the Register in accordance with 5 U.S.C. 552(a) Interested persons have been afforded carbon shelves structure. This action is an opportunity to participate in the and 1 CFR part 51. Copies may be obtained necessary to prevent chafing of a wire from Airbus Industrie, 1 Rond Point Maurice making of this amendment. No Bellonte, 31707 Blagnac Cedex, France. bundle, which could result in an comments were submitted in response Copies may be inspected at the FAA, electrical short and potential loss of to the proposal or the FAA’s Transport Airplane Directorate, 1601 Lind several functions essential for safe determination of the cost to the public. Avenue, SW., Renton, Washington; or at the flight. This action is intended to address Office of the Federal Register, 800 North the identified unsafe condition. Conclusion Capitol Street, NW., suite 700, Washington, DATES: DC. Effective October 7, 2003. The FAA has determined that air safety and the public interest require the Note 4: The subject of this AD is addressed The incorporation by reference of in French airworthiness directive 2001– certain publications listed in the adoption of the rule as proposed. regulations is approved by the Director 606(B), dated December 12, 2001. Change to Labor Rate Estimate of the Federal Register as of October 7, Effective Date 2003. We have reviewed the figures we have (f) This amendment becomes effective on ADDRESSES: The service information used over the past several years to October 7, 2003. referenced in this AD may be obtained calculate AD costs to operators. To Issued in Renton, Washington, on August from Aerospatiale, 316 Route de account for various inflationary costs in 20, 2003. Bayonne, 31060 Toulouse, Cedex 03, the airline industry, we find it necessary Kyle L. Olsen, France. This information may be to increase the labor rate used in these Acting Manager, Transport Airplane examined at the Federal Aviation calculations from $60 per work hour to Directorate, Aircraft Certification Service. Administration (FAA), Transport $65 per work hour. The cost impact [FR Doc. 03–21871 Filed 8–29–03; 8:45 am] Airplane Directorate, Rules Docket, information, below, reflects this increase in the specified hourly labor BILLING CODE 4910–13–P 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the rate. Federal Register, 800 North Capitol Cost Impact DEPARTMENT OF TRANSPORTATION Street, NW., suite 700, Washington, DC. The FAA estimates that 86 airplanes Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Dan of U.S. registry will be affected by this Rodina, Aerospace Engineer; AD, that it will take approximately 4 14 CFR Part 39 International Branch, ANM–116, FAA, work hours per airplane to accomplish Transport Airplane Directorate, 1601 the required actions, and that the [Docket No. 2002–NM–169–AD; Amendment Lind Avenue, SW., Renton, Washington average labor rate is $65 per work hour. 39–13284; AD 2003–17–09] 98055–4056; telephone (425) 227–2125; Required parts will cost approximately RIN 2120–AA64 fax (425) 227–1149. $259 per airplane. Based on these SUPPLEMENTARY INFORMATION: A figures, the cost impact of the AD on Airworthiness Directives; Aerospatiale proposal to amend part 39 of the Federal U.S. operators is estimated to be Model ATR42–500 and ATR72 Series Aviation Regulations (14 CFR part 39) to $44,634, or $519 per airplane. Airplanes include an airworthiness directive (AD) The cost impact figure discussed AGENCY: Federal Aviation that is applicable to certain Aerospatiale above is based on assumptions that no Administration, DOT. Model ATR42–500 and ATR72 series operator has yet accomplished any of ACTION: Final rule. airplanes was published in the Federal the requirements of this AD action, and Register on June 18, 2003 (68 FR 36525). that no operator would accomplish SUMMARY: This amendment adopts a That action proposed to require those actions in the future if this AD new airworthiness directive (AD), inspecting the wire bundle in the area were not adopted. The cost impact applicable to certain Aerospatiale Model of electrical rack 90VU to detect figures discussed in AD rulemaking ATR42–500 and ATR72 series airplanes, damage, verifying that the conduit actions represent only the time that requires inspecting the wire bundle around the wire bundle is in the proper necessary to perform the specific actions in the area of electrical rack 90VU to position, and installing a clamp between actually required by the AD. These detect damage, verifying that the the wire bundles and the carbon shelves figures typically do not include conduit around the wire bundle is in the structure. incidental costs, such as the time
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required to gain access and close up, Modification from Aerospatiale, 316 Route de Bayonne, planning time, or time necessitated by (a) Within 500 flight hours or 6 months 31060 Toulouse, Cedex 03, France. Copies other administrative actions. after the effective date of this AD, whichever may be inspected at the FAA, Transport occurs first: Do a detailed inspection to Airplane Directorate, 1601 Lind Avenue, Regulatory Impact detect damage of the wire bundles in the area SW., Renton, Washington; or at the Office of The regulations adopted herein will of electrical rack 90VU, ensure that the the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. not have a substantial direct effect on conduit around the wire bundles is in the the States, on the relationship between proper position, and install a clamp between Note 2: The subject of this AD is addressed the wire bundles and the carbon shelves in French airworthiness directives 2002– the national Government and the States, structure (93VU, 94VU, 95VU); in accordance 090–092(B) and 2002–091–066(B), both dated or on the distribution of power and with Avions de Transport Regional Service February 20, 2002. responsibilities among the various Bulletin ATR42–92–0007 (for Model ATR42– levels of government. Therefore, it is 500 series airplanes) or ATR72–92–1007 (for Effective Date determined that this final rule does not Model ATR72 series airplanes), both dated (d) This amendment becomes effective on have federalism implications under January 25, 2002, as applicable. Repair any October 7, 2003. damaged wiring before further flight in Executive Order 13132. Issued in Renton, Washington, on August For the reasons discussed above, I accordance with Chapter 20–27–17 of the applicable ATR Aircraft Schematic Manual. 15, 2003. certify that this action (1) is not a Kyle L. Olsen, ‘‘significant regulatory action’’ under Note 1: For the purposes of this AD, a detailed inspection is defined as: ‘‘An Acting Manager, Transport Airplane Executive Order 12866; (2) is not a intensive visual examination of a specific Directorate, Aircraft Certification Service. ‘‘significant rule’’ under DOT structural area, system, installation, or [FR Doc. 03–21413 Filed 8–29–03; 8:45 am] Regulatory Policies and Procedures (44 assembly to detect damage, failure, or BILLING CODE 4910–13–P FR 11034, February 26, 1979); and (3) irregularity. Available lighting is normally will not have a significant economic supplemented with a direct source of good lighting at intensity deemed appropriate by impact, positive or negative, on a DEPARTMENT OF TRANSPORTATION substantial number of small entities the inspector. Inspection aids such as mirror, under the criteria of the Regulatory magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures Federal Aviation Administration Flexibility Act. A final evaluation has may be required.’’ been prepared for this action and it is 14 CFR Part 71 contained in the Rules Docket. A copy Alternative Methods of Compliance of it may be obtained from the Rules (b) In accordance with 14 CFR 39.19, the RIN 2120–AA66 Docket at the location provided under Manager, International Branch, ANM–116, the caption ADDRESSES. FAA, is authorized to approve alternative [Docket No. FAA 2003–15061; Airspace methods of compliance for this AD. Docket No. ASD 03–ASW–1] List of Subjects in 14 CFR Part 39 Incorporation by Reference Air transportation, Aircraft, Aviation Revision of Federal Airways V–13 and safety, Incorporation by reference, (c) The actions shall be done in accordance V–407; Harlingen, TX with Avions de Transport Regional Service Safety. Bulletin ATR42–92–0007, dated January 25, AGENCY: Federal Aviation Adoption of the Amendment 2002, or Avions de Transport Regional Administration (FAA), DOT. Service Bulletin ATR72–92–1007, dated ACTION: Final rule. ■ Accordingly, pursuant to the authority January 25, 2002, as applicable; and Chapter delegated to me by the Administrator, 20–27–17, dated October 1, 1995, of Avions SUMMARY: This action revises Federal the Federal Aviation Administration de Transport Regional ATR42 Aircraft Airway 13 (V–13) northeast of the Schematic Manual, or Chapter 20–27–17, amends part 39 of the Federal Aviation McAllen, TX, Very High Frequency Regulations (14 CFR part 39) as follows: dated October 1, 1995 of the Avions de Transport Regional ATR72 Aircraft Omni-directional Range/Distance Measuring Equipment (VOR/DME) by PART 39—AIRWORTHINESS Schematic Manual, as applicable. The Avions realigning the airway to intersect with DIRECTIVES de Transport Regional ATR42 Aircraft Schematic Manual contains the following list V–163 south of the Corpus Christi, TX, ■ 1. The authority citation for part 39 of effective pages: Very High Frequency Omni-directional continues to read as follows: Range/Tactical Air Navigation Date shown (VORTAC) rather than proceeding to the Authority: 49 U.S.C. 106(g), 40113, 44701. Page Number on page Harlingen, TX, VOR/DME. Additionally, § 39.13 [Amended] List of Effective Pages 1–9 .... April 2001. this action revises the point of origin of ■ 2. Section 39.13 is amended by adding V–407 from the Harlingen VOR/DME to the following new airworthiness (Only the title page of the Avions de the Brownsville, TX, VORTAC and directive: Transport Regional ATR42 Aircraft realigns V–407 north of the Harlingen Schematic Manual references the airplane VOR/DME to reflect a change of the 2003–17–09 Aerospatiale: Amendment 39– model; no other page contains this radial of the airway. The FAA is taking 13284. Docket 2002–NM–169–AD. information.) The Avions de Transport this action due to the relocation of the Applicability: Model ATR42–500 and Regional ATR72 Aircraft Schematic Manual ATR72 series airplanes, certificated in any contains the following list of effective pages: Harlingen VOR/DME and to enhance the category, on which ATR Modification 1447 management of aircraft operations over has been incorporated and ATR Modification the Harlingen, TX, area. Page Number Date shown 4840 has not been incorporated. on page EFFECTIVE DATE: 0901 UTC, October 30, Compliance: Required as indicated, unless 2003. accomplished previously. List of Effective Pages 1–9 .... April 2001. FOR FURTHER INFORMATION CONTACT: To prevent chafing of a wire bundle in the area of electrical rack 90VU, which could This incorporation by reference was Steve Rohring, Airspace and Rules result in an electrical short and potential loss approved by the Director of the Federal Division, ATA–400, Office of Air Traffic of several functions essential for safe flight, Register in accordance with 5 U.S.C. 552(a) Airspace Management, Federal Aviation accomplish the following: and 1 CFR part 51. Copies may be obtained Administration, 800 Independence
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Avenue, SW., Washington, DC 20591; warrant preparation of a regulatory Issued in Washington, DC, on August 22, telephone: (202) 267–8783. evaluation as the anticipated impact is 2003. SUPPLEMENTARY INFORMATION: so minimal. Since this is a routine Reginald C. Matthews, matter that will only affect air traffic Manager, Airspace and Rules Division. Background procedures and air navigation, it is [FR Doc. 03–22207 Filed 8–29–03; 8:45 am] The FAA is relocating the Harlingen certified that this rule, when BILLING CODE 4910–13–P VOR/DME approximately 8 nautical promulgated, will not have a significant miles to the southeast of its current economic impact on a substantial location. As a part of that effort, on May number of small entities under the 23, 2003, the FAA proposed to realign criteria of the Regulatory Flexibility Act. DEPARTMENT OF ENERGY V–13 northeast of the McAllen VOR/ Federal Energy Regulatory DME to intersect with V–163 south of List of Subjects in 14 CFR Part 71 Commission the Corpus Christi VORTAC (68 FR Airspace, Incorporation by reference, 28179). Additionally, the FAA proposed Navigation (air). 18 CFR Parts 4, 16, 141 and 157 to revise the point of origin of V–407 from the Harlingen VOR/DME to the The Amendment [Docket No. RM03–6–000; Order No. 643] Brownsville VORTAC and to revise a segment of V–407 north of the Harlingen ■ In consideration of the foregoing, the Amendments to Conform Regulations VOR/DME from the current Harlingen Federal Aviation Administration With Order No. 630 (Critical Energy VOR/DME 357° radial to the new amends 14 CFR part 71 as follows: Infrastructure Information Final Rule) Harlingen VOR/DME 351° radial. Interested parties were invited to PART 71—DESIGNATION OF CLASS A, July 23, 2003. participate in this rulemaking CLASS B, CLASS C, CLASS D, AND AGENCY: Federal Energy Regulatory proceeding by submitting written CLASS E AIRSPACE AREAS, AIR Commission. TRAFFIC SERVICE ROUTES; AND comments on this proposal to the FAA. ACTION: Final rule. No comments were received in response REPORTING POINTS to the proposal. Except for editorial SUMMARY: This final rule revises the changes, this amendment is the same as ■ 1. The authority citation for part 71 Federal Energy Regulatory that proposed in the notice. continues to read as follows: Commission’s regulations requiring companies to make information directly The Rule Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– available to the public under certain This amendment to 14 CFR part 71 1963 Comp., p. 389. circumstances. The revisions are revises V–13 and V–407 in the necessary to conform these regulations § 71.1 [Amended] Harlingen, TX, area. Specifically, this to Order No. 630, which established action realigns V–13 northeast of the ■ 2. The incorporation by reference in 14 guidelines for the handling of Critical McAllen VOR/DME to intersect with V– CFR 71.1 of FAA Order 7400.9K, Energy Infrastructure Information (CEII). 163 south of the Corpus Christi Airspace Designations and Reporting In Order No. 630, the Commission VORTAC; revises the point of origin of Points, dated August 30, 2002, and determined that it must take steps to V–407 from the Harlingen VOR/DME to effective September 16, 2002, is restrict the availability of sensitive the Brownsville VORTAC; and realigns amended as follows: information about the nation’s energy V–407 north of the Harlingen VOR/DME infrastructure so as to reduce the to reflect the change of radial due to the Paragraph 6010(a)—Domestic VOR Federal possibility of terrorist attacks. In doing relocation of the Harlingen VOR/DME. Airways. so, the Commission explained that CEII The FAA is taking this action due to the * * * * * would be exempt from disclosure under relocation of the Harlingen VOR/DME V–13 [Revised] the Freedom of Information Act (FOIA). and to enhance the management of ° The order set out a definition of CEII aircraft operations over the Harlingen, From McAllen, TX, via INT McAllen 060 radial and Corpus Christi, TX, 178° radials; and established procedures for persons TX, area. ° with a legitimate need for such Federal airways are published in Corpus Christi; INT Corpus Christi 039 and Palacios, TX, 241° radials; Palacios; Humble, information to follow in seeking access paragraph 6010(a) of FAA Order TX; Lufkin, TX; Belcher, LA; Texarkana, AR; to it. Order No. 630 only covered 7400.9K dated August 30, 2002, and Rich Mountain, OK; Fort Smith, AR; INT Fort information submitted to or prepared by effective September 16, 2002, which is Smith 006° and Razorback, AR, 190° radials; the Commission. The revisions in this incorporated by reference in 14 CFR Razorback; Neosho, MO; Butler, MO; final rule address instances in which the 71.1. The Federal airways listed in this Napoleon, MO; Lamoni, IA; Des Moines, IA; Commission’s rules and regulations document will be published Mason City, IA; Farmington, MN; INT require companies to make information subsequently in the Order. Farmington 017° and Siren, WI, 218° radials; Siren; Duluth, MN; to Thunder Bay, ON, available directly to the public. The The FAA has determined that this revisions are necessary to ensure that proposed regulation only involves an Canada. The airspace outside the United States is excluded. protection of CEII is consistent in both established body of technical contexts. regulations for which frequent and * * * * * routine amendments are necessary to EFFECTIVE DATE: The rule will become V–407 [Revised] effective October 23, 2003. keep them operationally current. From Brownsville, TX; Harlingen, TX; via FOR FURTHER INFORMATION CONTACT: Therefore, this proposed regulation: (1) INT Harlingen 351° and Corpus Christi, TX, Is not a ‘‘significant regulatory action’’ 193° radials; Corpus Christi; via INT Corpus Wilbur Miller, Office of General under Executive Order 12866; (2) is not Christi 039° and Palacios, TX, 241° radials; Counsel, Federal Energy Regulatory a ‘‘significant rule’’ under Department of Palacios; via INT Palacios 017° and Humble, Commission, 888 First Street, NW., Transportation (DOT) Regulatory TX, 242° radials; Humble; Daisetta, TX; Washington, DC 20426, (202) 502–8953. Policies and Procedures (44 FR 11034, Lufkin, TX; Elm Grove, LA; to El Dorado, AR. SUPPLEMENTARY INFORMATION: Before February 26, 1979); and (3) does not * * * * * Commissioners: Pat Wood, III,
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Chairman; William L. Massey, and Nora that conclusion and established that the 68 FR at 9870–71.1 The CEII Mead Brownell. Commission would institute procedures Coordinator will consider the to protect CEII submitted to it. Id. requester’s need for the information, as I. Introduction 4. Order No. 630 defined CEII in well as the information’s sensitivity. In 1. This final rule makes specific § 388.113(c)(1) of the Commission’s the event the request is granted, the CEII changes to the Commission’s regulations regulations as information about Coordinator may impose conditions that require companies to make certain upon the requester’s use of the information available directly to the proposed or existing critical infrastructure that: information, including the requirement public. The changes are necessary to that the requester sign a non-disclosure reconcile those regulations with Order (i) Relates to the production, agreement. Determinations by the CEII No. 630, which established standards generation, transportation, transmission, Coordinator are subject to rehearing and procedures for the handling of or distribution of energy; under § 385.713 of the Commission’s Critical Energy Infrastructure (ii) Could be useful to a person in regulations. Id. at 9870. Information (CEII) submitted to or planning an attack on critical 7. The Commission issued the final created by the Commission. 68 FR 9857 infrastructure; rule on February 21, 2003. 68 FR 9857 (Mar. 3, 2003); III FERC Stats. & Regs. (Mar. 3, 2003), III FERC Stats. & Regs. (iii) Is exempt from mandatory ¶ 31,140 (Feb. 21, 2003). Because Order ¶ 31,140 (Feb. 21, 2003). In doing so, it disclosure under the Freedom of No. 630 addressed only situations in recognized that its regulations in some Information Act, 5 U.S.C. § 552; and which a person might seek access to areas require companies to make CEII that is in the Commission’s (iv) Does not simply give the location information that might constitute CEII possession, further changes to ensure of the critical infrastructure. 68 FR at available directly to the public. Because consistent treatment and protection of 9870. The order defined ‘‘critical Order No. 630 addressed only CEII in CEII are needed where companies infrastructure’’ in § 388.113(c)(2) as: the possession of the Commission, this possess CEII and are required by the existing and proposed systems and assets, situation created a window of Commission’s regulations to make it whether physical or virtual, the incapacity or vulnerability whereby CEII that would available to the public unconditionally. destruction of which would negatively affect be protected under Order No. 630 could 2. This final rule revises the security, economic security, public health or become available to persons of Commission’s regulations in the safety, or any combination of those matters. malicious intent. This final rule is following areas: (1) 18 CFR part 4, Id. intended to close that window. 68 FR at which requires that applicants for 18540. hydropower licenses, permits, and 5. Order No. 630 adopted a process for exemptions make various types of submission of CEII to the Commission A. The NOPR information available to the public; (2) that largely parallels the process for 8. The NOPR identified the following 18 CFR part 16, which requires that submission of confidential materials in portions of the Commission’s applicants for projects subject to Section 388.112 of the Commission’s regulations as provisions that might sections 14 and 15 of the Federal Power regulations. That section now provides require the disclosure of CEII: Act, 18 U.S.C. 807–808, make specified that an entity submitting CEII to the Electric Transmission Provisions information available to the public; (3) Commission is responsible for 18 CFR 141.300, establishing identifying and marking CEII with the FERC Form No. 715, Annual requirements for filing FERC Form No. legend ‘‘Contains Critical Energy Transmission Plan and Evaluation 715, Annual Transmission Planning and Infrastructure Information—Do Not Report, contains information that will Evaluation Report, which requires that Release.’’ Information identified as CEII likely constitute CEII. For example, part portions of the form be made available is placed in a nonpublic file, with the 2 requires power flow data, part 3 to the public by the public utility upon Commission retaining the right to make requires system maps and diagrams, and request; and (4) 18 CFR part 157, which a determination whether CEII treatment parts 4 and 5 require transmission governs applications for certificates of has been properly claimed. The planning data. The instructions to the public convenience and necessity, and submitter is notified in the event any form require submitting companies to for orders permitting and approving person or entity requests release of the make it available to the public upon abandonment under Section 7 of the CEII, and also prior to any release of the request. 68 FR at 18540. Natural Gas Act. information being made. 68 FR at 9870. Natural Gas Provisions II. Background 6. To handle requests for release of Several provisions of part 157, which CEII, Order No. 630 established the governs applications for certificates of 3. As explained in the Notice of position of CEII Coordinator. A person Proposed Rulemaking (NOPR), 68 FR public convenience and necessity and desiring access to CEII must file a for orders permitting and approving 18538, 18540 (Apr. 21, 2003), IV FERC written request with the CEII Stats. & Regs. ¶ 32,569 (Apr. 9, 2003), abandonment, require that information Coordinator containing the following be made available to the public that Order No. 630 arose from the information: Commission’s concern that CEII could might constitute CEII. Information such be employed by terrorists to engineer Requester’s name, date and place of birth, as flow diagrams and gas supply data attacks against the nation’s energy title, address, and telephone number; the must be supplied on request to name, address, and telephone of the person facilities. The Commission had intervenors and made available in or entity on whose behalf the information is previously taken steps to remove central locations in the project area. requested; a detailed statement explaining These provisions are found in 18 CFR various categories of documents that the particular need for and intended use of were likely to contain CEII from public 157.5(d), 157.10(b), 157.22(e)(3)–(4), and the information; and a statement as to the 157.203(d). 68 FR at 18540. availability through the internet, the requester’s willingness to adhere to Federal Energy Regulatory Records limitations on the use and disclosure of the 1 information requested. Requesters are also In an order on rehearing of Order No. 630 being Information System (FERRIS), and the issued concurrently, the Commission has added the Commission’s public reference room. 68 requested to include their social security requirement that these requests be signed by the FR at 9858. Order No. 630 reaffirmed number for identification purposes. requester.
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Hydropower Provisions treatment of CEII under Order No. 630. example, the Study Group was Part 4, which governs licenses, The NOPR proposed that a company concerned that information would 5 permits, exemptions and other required by the affected regulations to become unavailable from OASIS; that applications under the Federal Power make available information that might transmission owners would selectively Act, requires that applicants make constitute CEII would make a withhold Form No. 715 information, 6 various types of information about their determination whether the information resulting in discrimination; that projects available to the public, was in fact CEII. If it was, the company industry councils would be unable to including items such as detailed maps would omit the CEII from the obtain information for studies and and scientific studies. Specifically, information being made available and models, or that some companies would instead include a brief statement be unable to obtain the studies or under 18 CFR 4.32(a)(3), an applicant 7 for a preliminary license, permit or describing the omitted information models themselves; and that without revealing CEII, and informing intervenors would be unable to obtain exemption must provide notification to 8 affected property owners. Under the reader of his or her right to needed information in a timely fashion. The Study Group specifically contends § 4.32(b)(3)–(4), an applicant must make challenge the omission through that the Commission should enunciate a copy of the application and exhibits submission to the CEII Coordinator and enforce a comparability standard to available to the public for inspection under the procedures adopted in Order ensure equal access to information.9 It and copying at specified locations. No. 630 and found in 18 CFR 388.112 also suggests a system under which CEII Under §§ 4.34(i)(4)(i) and 4.34(i)(6)(iii), and 388.113. The NOPR added that owners would be required to accept an applicant using alternative companies would be expected to adhere OASIS passwords, identification procedures must distribute an to previous determinations made by the numbers employed by regional councils, information package and maintain a Commission or the Coordinator with or certifications made by regional public file of all relevant documents. respect to specific information. 68 FR transmission organizations (RTOs) as Finally, under § 4.38(g), which provides 18541. 11. The Commission issued the NOPR proof that a person was a suitable for pre-filing consultation in the case of on April 9, 2003, and ultimately recipient. Any dispute would be an original license, the applicant must received twelve comments.2 appealable to the CEII Coordinator.10 make available for public inspection 15. Other comments expressed similar various items, including detailed maps B. Related Orders concerns. One commenter stated that and design information. 68 FR 18540. In 12. The Commission on this date is the use of the word ‘‘shall’’ in the addition, part 16 of the Commission’s issuing two other orders that have some proposed regulations might lead hydropower regulations, which bearing on this rulemaking. As noted, companies to believe that they were specifies procedures for takeover and one is the order on rehearing from Order prohibited from disclosing CEII relicensing of existing projects, contains No. 630. The other is a final rule, in voluntarily.11 The Bonneville Power notice provisions that require applicants RM02–16, revising the Commission’s Administration (BPA) noted that the to make items such as drawings, hydropower licensing procedures. The Commission cannot prohibit it from diagrams and emergency action plans hydropower revisions contain disclosing information pursuant to available for public inspection. Such provisions requiring companies to make statutory requirements such as the provisions are found at 18 CFR 16.7(d)– information available to the public that Freedom of Information Act (FOIA) and (e) and 16.8(i). 68 FR 18540 may constitute CEII. Consequently, the the National Environmental Policy Act 9. The NOPR also proposed to revise licensing rulemaking is adding a (NEPA).12 The Department of Interior several sections that require information provision to 18 CFR part 5 that will (Interior) expressed concern that its possibly constituting CEII to be made parallel the revisions made in this Final access to information pursuant to its available to Indian tribes and other Rule. own statutory authorities might be government agencies. Such provisions hampered.13 are found at 18 CFR 4.32(b)(1)–(2), III. Discussion 16. The Commission believes that 4.38(b)(1), 4.38(c)(4), 4.38(d), 16.8(b)(1), 13. Some of the comments supported these concerns are misplaced. As the 16.8(c)(4), and 16.8(d). As explained in the proposals in the NOPR in whole or Commission stated in the NOPR, neither the NOPR, the Federal Records Act, 44 in large part.3 Disagreements or the revisions proposed there nor in U.S.C. 3510(b), does not require one suggestions centered on several areas. Order No. 630 is intended to require federal agency to accord the same companies to withhold CEII, or to treatment to information as another A. Availability of Needed Information prohibit voluntary arrangements for federal agency where the former 14. Some commenters expressed sharing information. These revisions are receives the information directly from a concern that the NOPR, if adopted, intended only to ensure that the third party. Consequently, to ensure would restrict market opportunities and Commission’s regulations do not require consistent treatment of CEII, the interfere with other interests by keeping the disclosure of CEII. 68 FR 18541. Commission proposed to add provisions information away from persons with a There is nothing in these revisions that for instances where information must be legitimate need for it. One commenter affects one entity’s ability to reach provided to other agencies and to tribes expressed significant concerns that the appropriate arrangements for sharing that would parallel the proposed NOPR would interfere with the CEII and the Commission in fact provisions applicable to information operation of the electric market by encourages such arrangements. In many made available to the public. The making it difficult for market Commission noted that its proposed participants to obtain needed data.4 For 5 Id. at 6. revisions would not prohibit a company 6 Id. at 7–9. 7 from sharing CEII with a government 2 A list of commenters is appended to this order. Id. at 10–18, 21. 8 agency, but would only ensure that the 3 MidAmerican Energy Company at pp. 1–3; PJM Id. at 18–20. Interconnection, L.L.C. at pp. 2–3; Southern 9 Id. at 21. Commission’s regulations did not 10 California Edison at pp. 1–2. Id. at 22–23. require it to disclose CEII. 68 FR 18541. 4 American Public Power Association & 11 Consumers Energy Company at pp. 2–3. 10. The changes proposed by the Transmission Access Policy Study Group (Study 12 BPA, at p. 2. NOPR were intended to parallel the Group) at pp. 6–20. 13 Interior at pp. 1–3.
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cases, companies and persons that have its regulations, and the Commission will believed that the process for approval had dealings with one another in the not tolerate abuses. Nor does the would be too slow and suggested past will be in a better position than the Commission believe that this final rule changes to speed it up. Some Commission to judge the security of will necessarily do anything to enhance recommended a pre-approval process.15 such an arrangement. There is thus a CEII owner’s ability to engage in such One commenter suggested that CEII nothing in these revisions that would, abuses. Form No. 715 data must still be owners be required to provide CEII to for example, prevent a regional council submitted in full to the Commission. persons with OASIS passwords, or that from obtaining data from member Should a company fail to disclose the regional transmission organizations be companies or from sharing it both with data fully to a requester that has been able to certify customers for access member and non-member companies. granted access to CEII, that failure automatically.16 Another suggested a Nevertheless, in new §§ 4.32(k)(4), would be easy to identify. Furthermore, process whereby a requester must first 16.7(d)(4), 141.300(d)(4), and the Commission anticipates that go to the company, then file a request 157.10(d)(4) of the Commission’s companies such as the Study Group’s with the Coordinator.17 One commenter regulations, the Commission has added members will have little trouble, and requested assurance that the language to the revisions to make as it experience little delay, in obtaining Commission will not place requests for as clear as possible that its CEII such access. Finally, the Commission access on separate tracks, the point regulations do not prohibit or restrict wishes to emphasize again that this final presumably being that there should not voluntary disclosures of information rule affects only those informational be a ‘‘slow track.’’ 18 pursuant to private arrangements. provisions that are specifically listed 22. Some of the comments about the 17. With respect to the specific here. It does not apply generally across approval process concerned the concerns raised by these commenters, the industries that the Commission handling of CEII. One suggested that a the Commission does not believe such regulates. In the case of the electric CEII owner be required to notify concerns are justified. Nothing in these market, no requirements are being everybody on the service list when revisions, or in Order No. 630 for that affected in any way other than Form No. information is determined not to be matter, addresses OASIS in any way and 715. CEII.19 One asked the Commission to there should be no impact on it. The 19. The Study Group recommended establish a time limit in which a CEII revisions made in this final rule apply several suggestions to facilitate access to owner must provide information once a only to specific sections and do not CEII consistent with security concerns. request for access has been granted.20 cover the Commission’s regulations Their concern is that whatever process Another suggested that the Commission generally; the Commission has decided ultimately adopted by the Commission employ standardized non-disclosure against including a ‘‘catch-all’’ is reliable, non-discriminatory and easy agreements, and that it specify that a provision, as suggested by one to use. While we share the Study recipient, once granted access to CEII, commenter,14 so as to avoid such Group’s concerns with the need to be permitted to use it for ongoing unwanted consequences. The facilitate access, we continue to believe business activities, such as a consultant Commission also does not believe that the process contained in the final with more than one client.21 The Study companies should be disadvantaged in rule is sufficiently straightforward and Group also asked the Commission to obtaining Form No. 715 data. As Form should operate quickly in situations clarify that, once a requester is granted No. 715 is an annual report, its timing involving access to Form No. 715 data. access, it may communicate directly can be anticipated and gaining access to Moreover, by employing standards set with the CEII owner.22 One commenter CEII contained in it should be possible by outside entities in determining asked that the Commission establish in a timely manner. Most likely, the whether to grant access to CEII under guidelines for the Coordinator to follow, same entities will seek access every the Commission’s regulations, the Study and suggested that CEII owners be year, so that permission in most cases Group’s proposals would have the involved in any negotiations over non- will be quickly granted. The undesirable effect of requiring the disclosure agreements.23 Finally, one Commission’s numerous statutory Commission to monitor approval commenter requested that the mandates are undergirded by principles processes employed by these Coordinator perform a monitoring role of non-discrimination (i.e., organizations to ensure that they intended to determine whether comparability). Thus, these revisions provided sufficient security. companies are making required contemplate that all persons with a 20. With respect to access and information available. This commenter legitimate need for CEII will be able to dissemination of information by entities stated that outsiders to the system gain access to it with a minimum of such as BPA and Interior, it goes cannot tell what information is being difficulty. The revisions already without saying that the Commission withheld.24 envision and intend to provide lacks authority to override obligations 23. All of the above comments comparable treatment in access to CEII. imposed by statute or regulation. address the approval process generally 18. The Commission understands the Clearly, this final rule cannot, and is not and, thus, are not appropriate for Study Group’s concern that CEII owners intended to, prevent agencies from consideration as part of this docket. The might discriminate in making complying with the FOIA or NEPA, or NOPR proposed to follow the approval information available to market to prevent persons or companies from participants, but believes that its complying with lawfully enacted 15 Interior at pp. 1–2; Consumers Energy concern may be premature. Failure to regulations that require the provision of Company at pp. 3–6; Study Group at pp. 23–24. provide required Form No. 715 data information. Finally, the question of 16 Study Group at p. 22. would be a violation of the intervenors obtaining information in a 17 National Hydropower Association at pp. 3–4. 18 Commission’s regulations, even without timely fashion was addressed in Order Northern Natural Gas at pp. 5–6. the changes to the regulations effected 19 Interior at p. 3. No. 630. 68 FR 9866. 20 by this rule and Order No. 630. The Northern Natural Gas at p. 4. B. Approval Process 21 Study Group at pp. 22–23. Commission remains responsible for 22 Id. at 24. ensuring that companies comply with 21. Several commenters expressed 23 PJM Interconnection, L.L.C. at pp. 3–5. concerns about the process for handling 24 Southwest Transmission Dependent Utility 14 National Hydropower Association at p. 6. requests for access to CEII. Some Group at pp. 1–2.
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process already established in Order No. facilities or service and requires the information may be removed or made 630 and stated that the Commission applicant to file exhibits, including unavailable. would not revisit issues already material, such as flow diagrams and 30. The National Hydropower addressed in that order. 68 FR 18541. detailed location information, that likely Association also comments that a The procedures and guidelines for would include CEII. 18 CFR 157.18(c) company owning CEII should not be requesting and obtaining access to CEII, and (g). The section includes only filing required to make the information and for challenging CEII designations, requirements, however, rather than available to one requester solely because were addressed at length in Order No. requirements that information be made it was made available to another 630. This included timeliness, available to the public. Consequently, requester.29 The Commission has verification issues, standards for any CEII that the section requires be granting access, and the viability of a disclosed should already be covered by already indicated its agreement with pre-approval process. Id. at 9863–65. Order No. 630. this principle. Order No. 630 explained Some of these issues are addressed 27. One commenter states that the use that access is to be determined on a again in the order on rehearing being of the term ‘‘landowner’’ in proposed 18 case-by-case basis. 68 FR 9864. The fact issued concurrently. The Commission CFR 157.6(d)(6) is too restrictive.26 The that one person or organization has been will not revisit these issues here. revision as proposed in the NOPR determined not to present a security risk 24. Some clarification is, however, referred to situations where the obviously does not mean that a different required with respect to several of these regulation might require disclosure of person or organization would not do so. suggestions. The Commission does not CEII ‘‘to a landowner.’’ The notification The Commission cautions owners of have separate tracks for CEII access provision is worded more broadly to CEII, however, that it will not tolerate requests. There also is nothing in the require notification to ‘‘affected abuse of these revisions designed to Commission’s regulations to prevent a landowners and towns, communities, discriminate against competitors or requester from directly contacting a CEII and local, state and federal governments otherwise adversely affect competition owner, either before or after access is and agencies.’’ 18 CFR 157.6(d)(1). The in the energy markets. The revised rules granted. Finally, the Commission does Commission thus has replaced the are intended solely to enable owners of not believe it would be practical for the phrase ‘‘to a landowner’’ with ‘‘to any CEII to prevent information from getting CEII Coordinator to perform a person.’’ into a terrorist’s hands. monitoring role. For the most part, the 28. The Commission received a 31. INGAA expresses concern over the Commission’s various regulations suggestion that it establish procedures provision in 18 CFR 157.10(d) requiring requiring that regulated companies specifying how and where information treatment of CEII to adhere to previous make information available rely on denied CEII treatment must be made voluntary compliance, regardless of available.27 The Commission considers determinations, because companies may whether CEII is involved. The this unnecessary and potentially not be aware of previous 30 Commission does not believe that the confusing, because different situations determinations. This should rarely be risk of a company simply flouting the may be presented depending on the a problem because in most instances the regulations is any greater when CEII is exact context. If a request that previous determination will involve involved than it has ever been. Existing information be treated as CEII is information owned by the same mechanisms for dealing with companies rejected, then the underlying company. Nevertheless, the Commission that do not comply with their legal requirement to disclose the information has added the phrase ‘‘to the extent responsibilities should suffice in such remains operative and, absent any other practicable’’ to new §§ 4.32(k)(2), situations. provision or direction from the 16.7(d)(2), 141.300(d)(2), and 25. This rule, as well as Order No. Commission, the owning company must 157.10(d)(2). 630, represents the Commission’s best comply as promptly as practicable. 32. Except as discussed above, the efforts to achieve a delicate balance 29. The National Hydropower Commission adopts the proposed between the due process rights of Association comments that the revisions to its regulations. interested persons to participate fully in Commission should include a provision its proceedings and its responsibility to stating that a company may withhold Information Collection Statement protect public safety by ensuring that information considered to be CEII even access to CEII does not facilitate acts of though it was made publicly available 33. Office of Management and Budget terrorism. The Commission believes that before the Commission enacted these (OMB) regulations require OMB to it has struck an appropriate balance; revisions.28 The Commission agrees approve certain information collection however, it intends to monitor the with the underlying principle, but requirements imposed by agency rule. 5 experiences under these two rules to considers an explicit provision CFR 1320.12. The public disclosure of ensure that it has done so. Therefore, in unnecessary. Neither Order No. 630 nor information originally supplied by an six months the Commission will solicit this final rule contains any provision agency to the recipient is, however, public comment to determine whether requiring that CEII be disclosed because excluded from the coverage of the submitters or requesters of CEII are it was previously disclosed. In fact, as regulations. 5 CFR 1320.3(c)(2). The experiencing any problems with the noted in Order No. 630, the Commission only information collection requirement new processes. went to considerable effort to remove contained in this final rule is a from its Web site documents that requirement that companies include a C. Miscellaneous Issues previously had been available to the statement outlining the procedures for 26. The Interstate Natural Gas public. 68 FR 9858. Absent an explicit seeking access to CEII. Because that Association of America (INGAA) provision requiring previously available statement would be supplied by the suggests that the Commission include CEII to remain available, the logical and Commission, the information collection 18 CFR 157.18 in the provisions being intended conclusion is that such regulations do not apply to this final revised in this final rule.25 That section rule. governs applications to abandon 26 Northern Natural Gas at p. 3. 27 Id. at 4–5. 29 National Hydropower Association at p. 5. 25 INGAA at pp. 2–3. 28 National Hydropower Association at p. 6. 30 INGAA at pp. 3–4.
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Environmental Analysis free at (866)208–3676, or for TTY, (iii) This statement: ‘‘Procedures for 34. The Commission is required to contact (202)502–8659. obtaining access to Critical Energy Infrastructure Information (CEII) may be prepare an Environmental Assessment Effective Date or an Environmental Impact Statement found at 18 CFR 388.113. Requests for 39. These regulations are effective access to CEII should be made to the for any action that may have a October 23, 2003. The provisions of 5 significant adverse effect on the human Commission’s CEII Coordinator.’’ U.S.C. 801 regarding Congressional (2) The applicant, in determining environment. Order No. 486, review of final rules do not apply to this whether information constitutes CEII, Regulations Implementing the National final rule, because the rule concerns shall treat the information in a manner Environmental Policy Act, 52 FR 47897 agency procedure and practice and will consistent with any filings that (Dec. 17, 1987), FERC Stats. & Regs. not substantially affect the rights of non- applicant has made with the Preambles 1986–1990 ¶ 30,783 (1987). agency parties. Commission and shall to the extent The Commission has categorically practicable adhere to any previous excluded certain actions from this List of Subjects determinations by the Commission or requirement as not having a significant 18 CFR Part 4 the CEII Coordinator involving the same effect on the human environment. or like information. Included in the exclusion are rules Administrative practice and (3) The procedures contained in that are clarifying, corrective, or procedure, Electric power, Reporting §§ 388.112 and 388.113 of this chapter procedural or that do not substantially and recordkeeping requirements. regarding designation of, and access to, change the effect of the regulations 18 CFR Part 16 CEII, shall apply in the event of a being amended. 18 CFR 380.4(a)(2)(ii). Administrative practice and challenge to a CEII designation or a This rule is procedural in nature and procedure, Electric power, Reporting request for access to CEII. If it is therefore falls under this exception; and recordkeeping requirements. determined that information is not CEII consequently, no environmental or that a requester should be granted consideration is necessary. 18 CFR Part 141 access to CEII, the applicant will be Regulatory Flexibility Act Certification Electric power, Reporting and directed to make the information recordkeeping requirements. 35. The Regulatory Flexibility Act of available to the requester. (4) Nothing in this section shall be 1980 (RFA), 5 U.S.C. §§ 601–612, 18 CFR Part 157 construed to prohibit any persons from generally requires a description and Administrative practice and voluntarily reaching arrangements or analysis of final rules that will have procedure, Natural gas, Reporting and agreements calling for the disclosure of significant economic impact on a recordkeeping requirements. CEII. substantial number of small entities. By the Commission. ■ 3. Section 4.34 is amended by adding The Commission is not required to make Magalie R. Salas, such analyses if a rule would not have paragraph (i)(9) to read as follows: Secretary. such an effect. The Commission certifies § 4.34 Hearings on applications; that this proposed rule, if finalized, ■ In consideration of the foregoing, the consultation on terms and conditions; would not have such an impact on small Commission amends Parts 4, 16, 141 and motions to intervene; alternative entities. 157, Chapter I, Title 18, Code of Federal procedures. Document Availability Regulations, as follows: * * * * * (i) Alternative procedures. PART 4—LICENSES, PERMITS, 36. In addition to publishing the full * * * * * EXEMPTIONS, AND DETERMINATION text of this document in the Federal (9) If this section requires an OF PROJECT COSTS Register, the Commission provides all applicant to reveal Critical Energy interested persons an opportunity to ■ 1. The authority citation for part 4 Infrastructure Information (CEII), as view and/or print the contents of this continues to read as follows: defined by § 388.113(c) of this chapter, document via the Internet through Authority: 16 U.S.C. 791a–825r, 2601– to any person, the applicant shall follow FERC’s Home Page (http://www.ferc.gov) the procedures set out in § 4.32(k). and in FERC’s Public Reference Room 2645; 42 U.S.C. 7101–7352. ■ ■ 4. Section 4.38 is amended by adding during normal business hours (8:30 a.m. 2. Section 4.32 is amended by adding paragraph (h) to read as follows: to 5 p.m. Eastern time) at 888 First paragraph (k) to read as follows: Street, NE., Room 2A, Washington, DC § 4.32 Acceptance for filing or rejection; § 4.38 Consultation requirements. 20426. information to be made available to the * * * * * 37. From FERC’s Home Page on the public; requests for additional studies. (h) Critical Energy Infrastructure Internet, this information is available in * * * * * Information. If this section requires an the Federal Energy Regulatory Records (k) Critical Energy Infrastructure applicant to reveal Critical Energy Information System (FERRIS). The full Information. (1) If this section requires Infrastructure Information (CEII), as text of this document is available on an applicant to reveal Critical Energy defined by § 388.113(c) of this chapter, FERRIS in PDF and WordPerfect format Infrastructure Information (CEII), as to any person, the applicant shall follow for viewing, printing, and/or defined in § 388.113(c) of this chapter, the procedures set out in § 4.32(k). downloading. To access this document to any person, the applicant shall omit in FERRIS, type the docket number the CEII from the information made PART 16—PROCEDURES RELATING excluding the last three digits of this available and insert the following in its TO TAKEOVER AND RELICENSING OF document in the docket number field. place: LICENSED PROJECTS 38. Assistance is available for FERRIS (i) A statement that CEII is being and the FERC’s Web site during normal withheld; ■ 5. The authority citation for part 16 business hours. Contact FERC Online (ii) A brief description of the omitted continues to read as follows: Support at information that does not reveal any Authority: 16 U.S.C. 791a–825r; 42 U.S.C. [email protected] or toll CEII; and 7101–7352.
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■ 6. Section 16.7 is amended by adding PART 141—STATEMENTS AND PART 157—APPLICATIONS FOR paragraph (d)(7) to read as follows: REPORTS (SCHEDULES) CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND § 16.7 Information to be made available to ■ the public at the time of notification of 8. The authority citation for part 141 FOR ORDERS PERMITTING AND intent under section 15(b) of the Federal continues to read as follows: APPROVING ABANDONMENT UNDER Power Act. Authority: 15 U.S.C. 79; 16 U.S.C. 791a- SECTION 7 OF THE NATURAL GAS ACT * * * * * 828c, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. (d) Information to be made available. 7101–7352. ■ 10. The authority citation for part 157 * * * ■ continues to read as follows: (7)(i) If paragraph (d) of this section 9. Section 141.300 is amended by requires an applicant to reveal Critical adding paragraph (d) to read as follows: Authority: 15 U.S.C. 717–717w, 3301– 3432; 42 U.S.C. 7101–7352. Energy Infrastructure Information (CEII), § 141.300 FERC Form No. 715, Annual ■ as defined in § 388.113(c) of this Transmission Planning and Evaluation 11. Section 157.6 is amended by chapter, to any person, the applicant Report. adding paragraph (d)(6) to read as shall omit the CEII from the information follows: * * * * * made available and insert the following (d) Critical Energy Infrastructure § 157.6 Applications; general in its place: requirements. (A) A statement that CEII is being Information. (1) If the instructions in withheld; Form No. 715 require a utility to reveal * * * * * (d) Landowner notification. (B) A brief description of the omitted Critical Energy Infrastructure information that does not reveal any Information (CEII), as defined in * * * * * CEII; and § 388.113(c) of this chapter, to any (6) If paragraph (d)(3) of this section (C) This statement: ‘‘Procedures for person, the utility shall omit the CEII requires an applicant to reveal Critical obtaining access to Critical Energy from the information made available Energy Infrastructure Information (CEII), Infrastructure Information (CEII) may be and insert the following in its place: as defined by § 388.113(c) of this found at 18 CFR 388.113. Requests for chapter, to any person, the applicant (i) A statement that CEII is being shall follow the procedures set out in access to CEII should be made to the withheld; Commission’s CEII Coordinator.’’ § 157.10(d). (ii) The applicant, in determining (ii) A brief description of the omitted ■ 12. Section 157.10 is amended by whether information constitutes CEII, information that does not reveal any adding paragraph (d) to read as follows: CEII; and shall treat the information in a manner § 157.10 Interventions and protests. consistent with any filings that (iii) This statement: ‘‘Procedures for * * * * * applicant has made with the obtaining access to Critical Energy (d) Critical Energy Infrastructure Commission and shall to the extent Infrastructure Information (CEII) may be Information. (1) If this section requires practicable adhere to any previous found at 18 CFR 388.113. Requests for an applicant to reveal Critical Energy determinations by the Commission or access to CEII should be made to the Infrastructure Information (CEII), as the CEII Coordinator involving the same Commission’s CEII Coordinator.’’ defined in § 388.113(c) of this chapter, or like information. (2) The utility completing Form No. to the public, the applicant shall omit (iii) The procedures contained in the CEII from the information made §§ 388.112 and 388.113 of this chapter 715, in determining whether available and insert the following in its regarding designation of, and access to, information constitutes CEII, shall treat place: CEII, shall apply in the event of a the information in a manner consistent with any filings that utility has made (i) A statement that CEII is being challenge to a CEII designation or a withheld; request for access to CEII. If it is with the Commission and shall to the extent practicable adhere to any (ii) A brief description of the omitted determined that information is not CEII information that does not reveal any or that a requester should be granted previous determinations by the Commission or the CEII Coordinator CEII; and access to CEII, the applicant will be (iii) This statement: ‘‘Procedures for involving the same or like information. directed to make the information obtaining access to Critical Energy available to the requester. (3) The procedures contained in Infrastructure Information (CEII) may be (iv) Nothing in this section shall be §§ 388.112 and 388.113 of this chapter found at 18 CFR 388.113. Requests for construed to prohibit any persons from regarding designation of, and access to, access to CEII should be made to the voluntarily reaching arrangements or CEII, shall apply in the event of a Commission’s CEII Coordinator.’’ agreements calling for the disclosure of challenge to a CEII designation or a (2) The applicant, in determining CEII. request for access to CEII. If it is whether information constitutes CEII, * * * * * determined that information is not CEII shall treat the information in a manner ■ 7. Section 16.8 is amended by adding or that a requester should be granted consistent with any filings that paragraph (j) to read as follows: access to CEII, the utility will be applicant has made with the directed to make the information Commission and shall to the extent § 16.8 Consultation requirements. available to the requester. practicable adhere to any previous * * * * * determinations by the Commission or (j) Critical Energy Infrastructure (4) Nothing in this section shall be the CEII Coordinator involving the same Information. If this section requires an construed to prohibit any persons from or like information. applicant to reveal Critical Energy voluntarily reaching arrangements or (3) The procedures contained in Infrastructure Information (CEII), as agreements calling for the disclosure of §§ 388.112 and 388.113 of this chapter defined by § 388.113(c) of this chapter, CEII. regarding designation of, and access to, to any person, the applicant shall follow CEII, shall apply in the event of a the procedures set out in § 16.7(d)(7). challenge to a CEII designation or a
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request for access to CEII. If it is Note: The following appendix will not be Regulatory Information determined that information is not CEII published in the Code of Federal Regulations. or that a requester should be granted We did not publish a notice of access to CEII, the applicant will be Appendix—List of Commenters proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B) and directed to make the information American Public Power Association and available to the requester. Transmission Access Policy Study Group under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for (4) Nothing in this section shall be Bonneville Power Administration Consumers Energy Company not publishing an NPRM and for making construed to prohibit any persons from this rule effective less than 30 days after voluntarily reaching arrangements or Interstate Natural Gas Association of America ISO New England publication in the Federal Register. The agreements calling for the disclosure of Mid-American Energy Company permit application was not received in CEII. National Hydropower Association time to publish an NPRM followed by ■ 13. In § 157.14, paragraph (a) Northern Natural Gas a final rule before the effective date. introductory text is amended by adding PJM Interconnection, L.L.C. Delaying this rule would be contrary to Southern California Edison the following sentence at the end, to read the public interest of ensuring the safety as follows: Southwest Transmission Dependent Utility Group of those working on the M/V § 157.14 Exhibits. United States Department of the Interior FAIRLANE, as well as other workers in (a) To be attached to each the area, while extremely heavy [FR Doc. 03–19606 Filed 8–29–03; 8:45 am] machinery is being unloaded. This rule application. * * * If this section requires BILLING CODE 6717–01–P an applicant to reveal Critical Energy also ensures that any interested Infrastructure Information (CEII), as spectators do not accidentally place defined by § 388.113(c) of this chapter, themselves in danger should any to any person, the applicant shall follow DEPARTMENT OF HOMELAND problems occur. As such, immediate the procedures set out in § 157.10(d). SECURITY action is necessary to prevent possible loss of life or property. The Coast Guard * * * * * Coast Guard ■ has not received any complaints or 14. In § 157.16, the introductory text is negative comments previously with amended by adding the following 33 CFR Part 165 regard to this event. sentence at the end to read as follows: [CGD09–03–265] Background and Purpose § 157.16 Exhibits relating to acquisitions. * * * If this section requires an RIN 1625–AA97 This Safety Zone is established to applicant to reveal Critical Energy safeguard the vessel and the public Infrastructure Information (CEII), as Safety Zone; Motor Vessel FAIRLANE, while the M/V FAIRLANE is unloading defined by § 388.113(c) of this chapter, Port Washington, WI heavy equipment and machinery in the to any person, the applicant shall follow vicinity of Port Washington, WI. The AGENCY: Coast Guard, DHS. the procedures set out in § 157.10(d). size of the zone was determined by the ACTION: Temporary final rule. * * * * * necessities of safe navigation in the Captain of the Port zone and local ■ 15. Section 157.22 is amended by SUMMARY: The Coast Guard is knowledge about wind, waves, and adding paragraph (e)(9) to read as establishing a temporary safety zone currents in this particular area. follows: around the anchored motor vessel The safety zone is effective from 12:01 § 157.22 Collaborative procedures for FAIRLANE while she transfers equipment to a barge in the vicinity of a.m. (CST) on September 5, 2003 until applications for certificates of public 11:59 p.m. (CST) on September 15, convenience and necessity and for orders Port Washington, WI. The rule is permitting and approving abandonment. necessary to prevent vessels from 2003. This rule will be enforced when transiting too close to the M/V the motor vessel FAIRLANE is in the * * * * * vicinity of Port Washington conducting (e) * * * FAIRLANE and causing wakes that may (9) If paragraphs (e)(3) or (e)(4) of this hinder the safe transfer of equipment transfer operations on Lake Michigan. section require an applicant to reveal from the ship to the barge. This rule is Discussion of Rule Critical Energy Infrastructure intended to restrict vessel traffic from a Information (CEII), as defined by portion of Lake Michigan. The Coast Guard will implement a § 388.113(c) of this chapter, to any DATES: This rule is effective from 12:01 safety zone around the motor vessel person, the applicant shall follow the a.m. (CST) on September 5, 2003 until FAIRLANE while anchored in the procedures set out in § 157.10(d). 11:59 p.m. (CST) on September 15, vicinity of Port Washington, WI. Vessels are not to come within 100 yards of the * * * * * 2003. motor vessel FAIRLANE. The purpose ■ 16. Section 157.203 is amended by ADDRESSES: Comments on this rule may of the safety zone is to prevent vessels adding paragraph (d)(4) to read as be addressed to Commanding Officer, from transiting too close to the M/V follows: U.S. Coast Guard Marine Safety Office FAIRLANE and causing wakes that may § 157.203 Blanket certification. Milwaukee, 2420 South Lincoln hinder the safe transfer of equipment Memorial Drive, Milwaukee, WI 53207 from the ship to the barge. In addition, * * * * * between 7 a.m. (CST) and 3:30 p.m. (d) Landowner notification. *** the Coast Guard will notify the public, (4) If paragraphs (d)(1) or (d)(2) of this (CST), Monday through Friday, except in advance, by way of Ninth Coast section require an applicant to reveal Federal holidays. Guard District Local Notice to Mariners, Critical Energy Infrastructure FOR FURTHER INFORMATION CONTACT: marine information broadcasts, and for Information (CEII), as defined by Marine Science Technician Michael those who request it from Marine Safety § 388.113(c) of this chapter, to any Schmidtke, Marine Safety Office Office Milwaukee, by facsimile (fax). person, the applicant shall follow the Milwaukee, (414) 747–7155. All persons and vessels shall comply procedures set out in § 157.10(d). SUPPLEMENTARY INFORMATION: with the instructions of the Captain of
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the Port Milwaukee or his designated on Lake Michigan. In addition, Though this proposed rule would not on-scene representative. Entry into, commercial vessels transiting the area result in such an expenditure, we do transiting through, or anchoring within can transit around the safety zone. The discuss the effects of this rule elsewhere the safety zone is prohibited unless Coast Guard will give notice to the in this preamble. authorized by the Captain of the Port public via a Broadcast to Mariners that Taking of Private Property Milwaukee or his designated on-scene the regulation is in effect. Vessel traffic representative. The Captain of the Port may enter or transit through the safety This rule will not effect a taking of Milwaukee may be contacted via VHF zone with the permission of the Captain private property or otherwise have Channel 16. of the Port Milwaukee or his designated taking implications under Executive on-scene representative. Order 12630, Governmental Actions and Regulatory Evaluation Interference with Constitutionally This rule is not a ‘‘significant Assistance for Small Entities Protected Property Rights. regulatory action’’ under section 3(f) of Under section 213(a) of the Small Civil Justice Reform Executive Order 12866, Regulatory Business Regulatory Enforcement Planning and Review, and does not Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards require an assessment of potential costs we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive and benefits under section 6(a)(3) of that understanding the rule so that they can Order 12988, Civil Justice Reform, to Order. The Office of Management and better evaluate its effects on them and minimize litigation, eliminate Budget has not reviewed it under that participate in the rulemaking process. If ambiguity, and reduce burden. Order. It is not ‘‘significant’’ under the the rule would affect your small Protection of Children regulatory policies and procedures of business, organization, or governmental the Department of Homeland Security jurisdiction and you have questions We have analyzed this rule under (DHS). concerning its provisions or options for Executive Order 13045, Protection of We expect the economic impact of compliance, please contact Marine Children from Environmental Health this proposed rule to be so minimal that Safety Office Milwaukee. (See Risks and Safety Risks. This rule is not a full Regulatory Evaluation under the ADDRESSES.) an economically significant rule and regulatory policies and procedures of Small businesses may send comments does not concern an environmental risk DHS is unnecessary. on the actions of Federal employees to health or risk to safety that may This determination is based on the who enforce, or otherwise determine disproportionately affect children. minimal time that vessels will be compliance with, Federal regulations to Indian Tribal Governments restricted from the zone and the zone is the Small Business and Agriculture an area where the Coast Guard expects Regulatory Enforcement Ombudsman This rule does not have tribal insignificant adverse impact to mariners and the Regional Small Business implications under Executive Order from the zone’s activation. Regulatory Fairness Boards. The 13175, Consultation and Coordination with Indian Tribal Governments, Small Entities Ombudsman evaluates these actions annually and rates each agency’s because it does not have a substantial Under the Regulatory Flexibility Act responsiveness to small business. If you direct effect on one or more Indian (5 U.S.C. 601–612), we considered wish to comment on actions by tribes, on the relationship between the whether this rule would have a employees of the Coast Guard, call 1– Federal Government and Indian tribes, significant economic impact on a 888–REG–FAIR (1–888–734–3247). or on the distribution of power and substantial number of small entities. responsibilities between the Federal The term ‘‘small entities’’ comprises Collection of Information Government and Indian tribes. small businesses, not-for-profit This rule calls for no new collection Energy Effects organizations that are independently of information under the Paperwork owned and operated and are not Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this proposed rule dominant in their fields, and 3520). under Executive Order 13211, Actions governmental jurisdictions with Concerning Regulations That populations of less than 50,000. Federalism Significantly Affect Energy Supply, The Coast Guard certifies under 5 A rule has implications for federalism Distribution, or Use. We have U.S.C. 605(b) that this rule will not have under Executive Order 13132, determined that it is not a ‘‘significant a significant economic impact on a Federalism, if it has a substantial direct energy action’’ under that order because substantial number of small entities. effect on State or local governments and it is not a ‘‘significant regulatory action’’ This rule will affect the following would either preempt State law or under Executive Order 12866 and is not entities: the owners or operators of impose a substantial direct cost of likely to have a significant adverse effect vessels intending to transit in the compliance on them. We have analyzed on the supply, distribution, or use of vicinity of the motor vessel FAIRLANE, this rule under that Order and have energy. It has not been designated by the while conducting transfer operations in determined that it does not have Administrator of the Office of the vicinity of Port Washington on Lake implications for federalism. Information and Regulatory Affairs as a Michigan, from 12:01 a.m. (CST) on significant energy action. Therefore, it September 5, 2003 until 11:59 p.m. Unfunded Mandates Reform Act does not require a Statement of Energy (CST) on September 15, 2003. The Unfunded Mandates Reform Act Effects under Executive Order 13211. This safety zone will not have a of 1995 (2 U.S.C. 1531–1538) requires significant economic impact on a Federal agencies to assess the effects of Environment substantial number of small entities for their discretionary regulatory actions. In We have analyzed this rule under the following reasons: This rule will be particular, the Act addresses actions Commandant Instruction M16475.1D, enforced to safeguard the navigation of that may result in the expenditure by a which guides the Coast Guard in the boating public and the transfer State, local, or tribal government, in the complying with the National operation of the FAIRLANE while the aggregate, or by the private sector of Environmental Policy Act of 1969 vessel is conducting transfer operations $100,000,000 or more in any one year. (NEPA) (42 U.S.C. 4321–4370f), and
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have concluded that there are no factors by-case basis. Requests must be in regulation. Under 5 U.S.C. 553(b)(B), the in this case that would limit the use of advance and approved by the Captain of Coast Guard finds that good cause exists a categorical exclusion under section the Port Milwaukee before transits will for not publishing an NPRM. Publishing 2.B.2. of the Instruction. Therefore, this be authorized. The Captain of the Port an NPRM is impracticable due to the rule is categorically excluded, under Milwaukee may be contacted via U.S. unique nature of the rule and its short figure 2–1, paragraph (34)(g) of the Coast Guard Group Milwaukee on duration. The USS CONSTELLATION Commandant Instruction M16475.1D, Channel 16, VHF–FM. will be towed ‘‘dead ship,’’ which from further environmental Dated: August 22, 2003. means that the vessel will be underway documentation. H.M. Hamilton, without the benefit of mechanical or sail propulsion. However, it is imperative List of Subjects in 33 CFR Part 165 Commander, U.S. Coast Guard, Captain of the Port Milwaukee. that there be a clear transit route and a Harbors, Marine safety, Navigation safe buffer zone around the USS [FR Doc. 03–22204 Filed 8–29–03; 8:45 am] (water), Reporting and recordkeeping CONSTELLATION and the vessels requirements, Security measures, and BILLING CODE 4910–15–P towing her. Under 5 U.S.C. 553(d)(3), Waterways. the Coast Guard finds that good cause ■ For the reasons discussed in the DEPARTMENT OF HOMELAND exists for making this rule effective less preamble, the Coast Guard amends 33 SECURITY than 30 days after publication in the CFR part 165 as follows: Federal Register. The Coast Guard Coast Guard expects a large spectator fleet. For safety PART 165—REGULATED NAVIGATION concerns, it is in the public interest to AREAS AND LIMITED ACCESS AREAS 33 CFR Part 165 have a safety zone in place for the event, since immediate action is needed to ■ 1. The authority citation for part 165 [CGD05–03–122] protect mariners against potential continues to read as follows: RIN 1625–AA00 hazards associated with the turn-around Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. of the USS CONSTELLATION. Chapter 701; 50 U.S.C. 191, 195; 33 CFR Safety Zone; Patapsco River, 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Northwest and Inner Harbors, Background and Purpose 107–295, 116 Stat. 2064; Department of Baltimore, MD The USS CONSTELLATION Homeland Security Delegation No. 0170.1. Foundation, Inc. is sponsoring its ‘‘turn- AGENCY: Coast Guard, DHS. ■ 2. A new temporary § 165.T09–265 is around’’ of the historic sloop-of-war added to read as follows: ACTION: Temporary final rule. USS CONSTELLATION in Baltimore, SUMMARY: The Coast Guard is Maryland. The event is part of the § 165.T09–265 Safety Zone; Motor Vessel ongoing maintenance and care of the FAIRLANE, Port Washington, WI. establishing a temporary safety zone in the Port of Baltimore, Maryland for the ship, making sure that it weathers (a) Location. The following area is evenly on both sides. Planned events designated a safety zone: all waters of USS CONSTELLATION. This action is necessary to provide for the safety of life include the ‘‘dead ship’’ tow of the USS Lake Michigan within a 100 yard radius CONSTELLATION and an onboard of the motor vessel FAIRLANE while on navigable waters during the dead ship tow of the vessel from its mooring, salute with navy pattern cannon while the vessel is conducting transfer to the Patapsco River, and return. This off Fort McHenry National Monument operations at anchor in the vicinity of action will restrict vessel traffic in and Historic Site. Port Washington, WI. portions of the Inner Harbor, the The Coast Guard anticipates a large (b) Effective period. This section is Northwest Harbor, and the Patapsco recreational boating fleet during this effective from 12:01 a.m. (CST) on River. event. Operators should expect September 5, 2003 until 11:59 p.m. significant vessel congestion along the DATES: (CST) on September 15, 2003. This rule This rule is effective from 3:30 planned route. will be enforced when the FAIRLANE is p.m. to 7:30 p.m. local time on The purpose of this rule is to promote conducting transfer operations at anchor September 5, 2003. maritime safety and protect participants in Lake Michigan in the vicinity of Port ADDRESSES: Documents indicated in this and the boating public in the Port of Washington, WI. preamble as being available in the Baltimore immediately prior to, during, (c) Regulations. (1) The general docket are part of docket CGD05–03– and after the scheduled event. The rule regulations contained in 33 CFR 165.23 122 and are available for inspection or will provide for a clear transit route for apply. copying at Commander, U.S. Coast the participating vessels, and provide a (2) All persons and vessels shall Guard Activities, 2401 Hawkins Point safety buffer around the participating comply with the instructions of the Road, Building 70, Port Safety, Security vessels while they are in transit. The Coast Guard Captain of the Port and Waterways Management Branch, rule will impact the movement of all Milwaukee or the designated on-scene Baltimore, Maryland, 21226–1791, vessels operating in the specified areas representative. Coast Guard patrol between 9 a.m. and 3 p.m., Monday of the Port of Baltimore. personnel include commissioned, through Friday, except Federal holidays. Interference with normal port warrant or petty officers of the U.S. FOR FURTHER INFORMATION CONTACT: Mr. operations will be kept to the minimum Coast Guard. Upon being hailed by a Ron Houck, at Coast Guard Activities considered necessary to ensure the U.S. Coast Guard vessel via siren, radio, Baltimore, Port Safety, Security and safety of life on the navigable waters flashing light, or other means, the Waterways Management Branch, at immediately before, during, and after operator shall proceed as directed. telephone number (410) 576–2674 or the scheduled event. (3) This safety zone should not (410) 576–2693. Discussion of Rule adversely affect shipping. However, SUPPLEMENTARY INFORMATION: commercial vessels may request The historic sloop-of-war USS permission from the Captain of the Port Regulatory Information CONSTELLATION is scheduled to Milwaukee to enter or transit the safety We did not publish a notice of conduct a ‘‘turn-around’’ on September zone. Approval will be made on a case- proposed rulemaking (NPRM) for this 5, 2003. The USS CONSTELLATION is
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scheduled to be towed from its berth, to entities, some of which might be small Unfunded Mandates Reform Act Fort McHenry, and return, along a route entities: The owners or operators of The Unfunded Mandates Reform Act of approximately 2.5 nautical miles (5 vessels intending to operate or anchor in of 1995 (2 U.S.C. 1531–1538) requires nautical miles total) that includes portions of the Inner Harbor, the Federal agencies to assess the effects of specified waters of the Inner Harbor, Northwest Harbor, and the Patapsco their discretionary regulatory actions. In Northwest Harbor and Patapsco River. River in the Port of Baltimore, particular, the Act addresses actions The safety of dead ship tow Maryland. Because the zone is of that may result in the expenditure by a participants requires that spectator craft limited size and duration, it is expected State, local, or tribal government, in the be kept at a safe distance from the that there will be minimal disruption to aggregate, or by the private sector of intended route during this evolution. the maritime community. Before the $100,000,000 or more in any one year. The Coast Guard is establishing a effective period, the Coast Guard will Though this rule will not result in such temporary moving safety zone around issue maritime advisories widely an expenditure, we do discuss the the USS CONSTELLATION ‘‘turn- available to users of the river to allow effects of this rule elsewhere in this around’’ participants on September 5, mariners to make alternative plans for preamble. 2003, to ensure the safety of participants transiting the affected areas. In addition, and spectators immediately prior to, smaller vessels, which are more likely to Taking of Private Property during, and following the dead ship be small entities, may transit around the This rule will not effect a taking of tow. zones and request permission from the private property or otherwise have Regulatory Evaluation COTP Baltimore on a case-by-case basis taking implications under Executive to enter the zones. Order 12630, Governmental Actions and This rule is not a ‘‘significant Interference with Constitutionally regulatory action’’ under section 3(f) of Assistance for Small Entities Protected Property Rights. Executive Order 12866, Regulatory Planning and Review, and does not Under section 213(a) of the Small Civil Justice Reform Business Regulatory Enforcement require an assessment of potential costs This rule meets applicable standards Fairness Act of 1996 (Public Law 104– and benefits under section 6(a)(3) of that in sections 3(a) and 3(b)(2) of Executive 121), we offered to assist small entities Order. The Office of Management and Order 12988, Civil Justice Reform, to in understanding the rule so that they Budget has not reviewed it under that minimize litigation, eliminate could better evaluate its effects on them Order. It is not ‘‘significant’’ under the ambiguity, and reduce burden. regulatory policies and procedures of and participate in the rulemaking the Department of Homeland Security process. If the rule would affect your Protection of Children (DHS). small business and you have questions We have analyzed this rule under We expect the economic impact of concerning its provisions or options for Executive Order 13045, Protection of this proposed rule to be so minimal that compliance, please contact the person Children from Environmental Health a full Regulatory Evaluation under the listed under FOR FURTHER INFORMATION Risks and Safety Risks. This rule is not regulatory policies and procedures of CONTACT. an economically significant rule and DHS is unnecessary. This finding is Small businesses may send comments does not create an environmental risk to based on the limited size of the zone, on the actions of Federal employees health or risk to safety that may the minimal time that vessels will be who enforce, or otherwise determine disproportionately affect children. restricted from the zone, vessels may compliance with, Federal regulations to Indian Tribal Governments transit a portion of the Inner Harbor, the Small Business and Agriculture Northwest Harbor, and Patapsco River Regulatory Enforcement Ombudsman This rule does not have tribal around the zone, and the zone will be and the Regional Small Business implications under Executive Order well publicized to allow mariners to Regulatory Fairness Boards. The 13175, Consultation and Coordination make alternative plans for transiting the Ombudsman evaluates these actions with Indian Tribal Governments, affected area. In addition, vessels that annually and rates each agency’s because it does not have a substantial may need to enter the zone may request responsiveness to small business. If you direct effect on one or more Indian permission on a case-by-case basis from wish to comment on actions by tribes, on the relationship between the the COTP Baltimore or his designated employees of the Coast Guard, call 1– Federal Government and Indian tribes, representatives. 888–REG–FAIR (1–888–734–3247). or on the distribution of power and responsibilities between the Federal Small Entities Collection of Information Government and Indian tribes. Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered This rule calls for no new collection Energy Effects whether this rule would have a of information under the Paperwork We have analyzed this rule under significant economic impact on a Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions substantial number of small entities. 3520). Concerning Regulations That The term ‘‘small entities’’ comprises Federalism Significantly Affect Energy Supply, small businesses, not-for-profit Distribution, or Use. We have organizations that are independently A rule has implications for federalism determined that it is not a ‘‘significant owned and operated and are not under Executive Order 13132, energy action’’ under that order because dominant in their fields, and Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ governmental jurisdictions with effect on State or local governments and under Executive Order 12866 and is not populations of less than 50,000. would either preempt State law or likely to have a significant adverse effect The Coast Guard certifies under 5 impose a substantial direct cost of on the supply, distribution, or use of U.S.C. 605(b) that this rule will not have compliance on them. We have analyzed energy. The Administrator of the Office a significant economic impact on a this rule under that Order and have of Information and Regulatory Affairs substantial number of small entities. determined that it does not have has not designated it as a significant This rule would affect the following implications for federalism. energy action. Therefore, it does not
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require a Statement of Energy Effects regulations governing safety zones The revisions to the procedures for under Executive Order 13211. found in § 165.23 of this part. filing claims are made in conjunction (2) Persons or vessels requiring entry with the redesign of the Postal Service’s Environment into or passage through a safety zone claim system and are intended to We have analyzed this rule under must first request authorization from the facilitate the provision of more timely Commandant Instruction M16475.lD, Captain of the Port or his designated decisions to Postal Service customers’ which guides the Coast Guard in representative. The Coast Guard vessels claims. For example, customers are complying with the National enforcing this section can be contacted permitted to file claims sooner in some Environmental Policy Act of 1969 on VHF Marine Band Radio, channels circumstances, thereby allowing (NEPA)(42 U.S.C. 4321–4370f), and 13 and 16. The Captain of the Port can decisions to be made closer to the have concluded that there are no factors be contacted at (410) 576–2693. mailing date. In addition, either the in this case that would limit the use of (3) No vessel movement is allowed sender or the addressee, whoever is in a categorical exclusion under section within the safety zone unless expressly possession of the original mailing 2.B.2 of the Instruction. Therefore, this authorized by the Captain of the Port or receipt, will be permitted to file a claim rule is categorically excluded, under his designated representative. for the complete loss of a numbered figure 2–1, paragraph (34)(g), of the (d) Enforcement period. This section Insured Mail, Registered MailTM, COD, Instruction, from further environmental will be enforced from 3:30 p.m. to 7:30 or Express Mail article. Under past documentation because this rule p.m. local time on September 5, 2003. rules, only the sender was permitted to establishes a safety zone. A final Dated: August 15, 2003. submit such claims. The revisions do ‘‘Categorical Exclusion Determination’’ Curtis A. Springer, not change the procedures for will be available in the docket where Captain, U.S. Coast Guard, Captain of the unnumbered Insured Mail articles indicated under ADDRESSES. Port, Baltimore, Maryland. (insured for $50 or less). As before, only List of Subjects in 33 CFR Part 165 [FR Doc. 03–22206 Filed 8–29–03; 8:45 am] the sender will be allowed to file a claim for the complete loss of an BILLING CODE 4910–15–P Harbors, Marine safety, Navigation unnumbered Insured Mail article. (water), Reporting and recordkeeping The revisions also provide further requirements, Security measures, clarification of what is acceptable Waterways. POSTAL SERVICE evidence of value, codifying current ■ For the reasons discussed in the 39 CFR Part 111 policies into the DMM. Claims for preamble, the Coast Guard amends 33 damage require that the article, CFR part 165 as follows: Indemnity Claims for Domestic Mail packaging, and mailing container must be presented by the addressee to the PART 165—REGULATED NAVIGATION AGENCY: Postal Service. Postal Service for inspection regardless AREAS AND LIMITED ACCESS AREAS ACTION: Final rule. of whether the sender or addressee files ■ 1. The authority citation for part 165 the claim. SUMMARY: This final rule amends the continues to read as follows: The new revisions will also: regulations for indemnity claims as set (1) Clarify situations under which Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. forth in the Domestic Mail Manual indemnity will not be paid, ensuring Chapter 701; 50 U.S.C. 191, 195; 33 CFR (DMM) S010, Indemnity Claims and that current policies are codified in the 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. related provisions of DMM S913, 107–295, 116 Stat. 2064; Department of DMM. Homeland Security Delegation No. 0170.1 Insured Mail and DMM S921, Collect on (2) Clarify the time limit in which a Delivery (COD) Mail. Other than the ■ 2. Add § 165.T05–122 to read as customer may forward an appeal to the changes concerning time periods for follows: Consumer Advocate at Headquarters. filing claims and retention periods for (3) Provide that the original sales § 165.T05–122 Safety Zone; Patapsco undelivered accountable mail, the receipt from a Postal Service retail River, Northwest and Inner Harbors, changes clarify existing DMM terminal listing the mailing receipt Baltimore, MD. provisions or codify, in the DMM, number and insurance amount is (a) Definitions. As used in this policies not currently set forth in that acceptable evidence of insurance when section— manual. the original mailing receipt is not Captain of the Port means the DATES: This rule becomes effective on available. Commander, Coast Guard Activities October 1, 2003. (4) Clarify that a mailer of a collect on Baltimore or any Coast Guard delivery (COD) article may not stipulate FOR FURTHER INFORMATION CONTACT: commissioned, warrant, or petty officer ‘‘Cash Only.’’ Gilbert LeMarier, 202–268–4632. who has been authorized by the Captain (5) Provide that all appeals must be of the Port to act on his behalf. SUPPLEMENTARY INFORMATION: In a sent directly to Claims Appeals at the USS CONSTELLATION ‘‘turn- proposed rule published in the Federal St. Louis Accounting Service Center. around’’ participants means the USS Register on December 6, 2002 [Vol. 67, (6) Provide that local adjudication of CONSTELLATION and its No. 235, pages 72626–72629], the Postal unnumbered Insured Mail articles will accompanying towing vessels. Service proposed to revise the end with the implementation of the (b) Location. The following area is a procedures in the DMM for filing Customer Claims Response System moving safety zone: all waters within indemnity claims, to clarify the (CCRS). 200 yards ahead of or 100 yards standards for payment of claims, and to outboard or aft of the historic sloop-of- incorporate policies not currently set Discussion of Comments war USS CONSTELLATION, while forth in the DMM. One comment was A summary of the comments and our operating on the Inner Harbor, received. After thorough consideration analysis of each follows: Northwest Harbor and Patapsco River, to the issues raised in this comment, the 1. S010.2.2. The commenter raised Baltimore, Maryland. Postal Service adopts the proposed two issues regarding the changes in the (c) Regulations. (1) All persons are revisions with the modifications time for filing a claim for a lost or required to comply with the general discussed below. damaged COD article. First, the
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commenter stated that the requirement indemnified. It is the customer’s insurance on negotiable items, currency, for waiting 45 days before filing a claim responsibility to provide the proof of or bullion, which would be a change in for a lost COD article is excessive insurance evidenced by an original current policy. compared to the time frame for mail mailing receipt. Moreover, under Although the Postal Service generally receiving other special services. existing procedures, mailers utilizing recommends that customers send these The Postal Service does not believe these services are also permitted to items as Registered Mail items, it did the proposed rule should be changed. submit the mailing wrapper as evidence not intend to eliminate the option of Since handling procedures differ of insurance. mailing them as Insured Mail items. depending on the special service 3. S010.2.6.b. The commenter states Accordingly, in order to avoid provided, it is inappropriate to establish that the addition of the phrase, ‘‘For confusion, the Postal Service will uniform limits for filing claims. A COD items valued up to $100,’’ appears to be withdraw this proposed change to the article may be held at a delivery unit for a major change. The Postal Service DMM. up to 30 days before being returned to maintains this revision does not 6. S010.2.14.ae. The commenter the sender if unclaimed by the represent a change in policy but merely objects to the proposed regulation that addressee (see DMM, D042.1.7.f). It codifies current policy. Acceptance of a event or transportation tickets, received should also be noted, the Postal Service customer’s statement of value, in lieu of after the event, are not insured when proposal reduced the current waiting actual evidence of value, creates an there is a provable loss because of the period for filing a claim for a lost COD opportunity for abuse, particularly delay and the article was mailed using article from 60 days to 45 days. As for when permitted for higher-value items. Express Mail service. With Express other classes of mail or service, the new The commenter also suggests that Mail’s guaranteed delivery time, if the time frames took into consideration that Postal Service retail clerks should article is not delivered by that time, and the holding period is 5 days for Express inform mailers what evidence will be a provable loss results from the delay in Mail and 15 days for Insured Mail items needed to support claims. Mailers delivery, then, the commenter argues, or Registered Mail items. needing such information have access to the loss should be covered by Postal Secondly, the commenter objected to policies concerning indemnity claims Service insurance. the new requirement that a customer through the DMM, which is readily The commenter raised a valid concern must file a claim no later than 45 days available on the Postal Service’s Web and the final rule incorporates an from the mailing date when the contents site. They can also seek such exception for Express Mail service. of an article are damaged or missing information from Postal Service clerks 7. S010.2.14.af. The commenter from the container. The commenter or other Postal Service personnel. objects to this revision regarding states that if the COD article were not The commenter also asserts that nonpayable claims for software installed delivered until the 45th day after eliminating reimbursement of the cost of onto computers that have been lost or mailing, the sender could not file a labor from handmade items is too broad. damaged. The commenter states that if damage claim because the 45 days The Postal Service offers coverage for one paid to have software loaded on the would have already passed. the value of goods, based on the lost or damaged computer, then the Although the likelihood of the established value in the marketplace, insurance should cover the cost of commenter’s hypothetical occurring is whether or not those goods are having the same software installed on a remote, the Postal Service believes there handmade. However, if the item mailed replacement computer. In addition, if is merit in the concern raised. is not commonly sold (e.g., a hobby, software, recorded on compact disc or Accordingly, the Postal Service will craft, or similar handmade item), there diskette(s), enclosed with the computer revise the proposed rule to allow is no established value. In that case, the when shipped, is also lost or damaged, customers to submit damage claims no Postal Service provides compensation it should be covered by the insurance later than 60 days from the mailing date. for the costs of the materials used, but purchased. 2. S010.2.5.a. The commenter states not for the time used in making it. The The Postal Service does not believe a that the requirement for the original Postal Service will amend the proposed change in the rule is warranted. postmarked mailing receipt is rule to clarify this policy. Software loaded onto personal inappropriate in that not all receipts 4. S010.2.6.h. The commenter computers is licensed for use to the will be postmarked. requests clarification of this proposed purchaser. Whether on compact disc or The Postal Service agrees that it erred rule referring to a printout of a diskette(s), the software provides the in that Express Mail and point of service transaction that is made on the Internet. purchaser the ability to reinstall the (POS) retail terminal imprinted receipts This comment pertains to the proposal software on a computer. Software is do not require a postmark. Therefore, for the provision of evidence of value generally designed to self load when the the Postal Service withdraws this for goods obtained through Internet appropriate drive is selected with proposed rule. transactions. These transactions are limited prompting or assistance from an The commenter also states that the typically conducted through a Web- individual. Also, a replacement requirement for the original receipt is based payment network that offers personal computer typically will inappropriate in the case of Registered payment services through a stored value include replacement software. Software Mail or Express Mail service when the account, commonly used to buy or sell on a medium, such as compact discs or Postal Service has a copy of the mailing items at online auctions. diskettes, recognized as a means to load receipt, and can validate the claim For transactions involving the use of the software onto a computer, would be because the mailer has provided the a credit card online or payment by covered for loss or damage dependent article number and date of mailing check, a copy of a credit card statement upon the amount of insurance coverage either from a photocopy or from other or canceled check could serve as purchased at the time of mailing. records. evidence of value. The Postal Service 8. S010.2.14.ag. The commenter The Postal Service does not believe will amend the proposed rule to clarify observes that this proposed rule does the rules should be amended to this policy. not comply with the provisions stated in accommodate this suggestion. The 5. S010.2.14.r. The commenter states S921.1.5, Fee and Postage, in that it requirement for the original receipt is to that this section appears to require the states that if the mailer does not receive ensure that the proper party is use of Registered Mail for obtaining the personal check that was mailed by
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the delivery Post Office, it will be the mailing receipts are readily available in 2.0 GENERAL FILING mailer’s responsibility to obtain a retail lobbies, a postmark or POS retail INSTRUCTIONS replacement check from the addressee. terminal imprint is required in order to The fees for COD service include provide validation that the special 2.1 Who May File insurance against failure to receive a service was actually purchased. A claim may be filed by: postal money order or the recipient’s Based on the reasons discussed above, check. the Postal Service hereby amends the [Reletter current items a, b, c, and d as The Postal Service agrees that the following standards of the DMM, new items b, c, d, and e. Add new item proposed rule is in conflict with incorporated by reference into the Code a to read as follows:] S921.1.5, and, therefore, the proposed of Federal Regulations. See 39 CFR part a. Only the sender, for the complete rule is withdrawn. 111. 9. S010.2.14.ai. The commenter states loss of an unnumbered Insured Mail that the concept of personal time should List of Subjects in 39 CFR Part 111 article. be clarified. Administrative practice and [Revise new item b to read as follows:] The commenter previously raised this procedure, Postal Service. issue in item 3 and it was addressed by b. Either the sender or addressee, who the Postal Service above. PART 111—[AMENDED] is in possession of the original mailing 10. S913.2.7. The commenter raises receipt, for the complete loss of a the same issue as identified in item 2 ■ 1. The authority citation for 39 CFR numbered Insured Mail, Registered regarding the requirement that all Part 111 continues to read as follows: Mail, COD, or Express Mail article. mailing receipts have a postmark (round Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, * * * * * date). 401, 403, 404, 414, 416, 3001–3011, 3201– The Postal Service does not believe 3219, 3403–3406, 3621, 3626, 5001. 2.2 When to File the proposed rule should be changed. ■ 2. The following sections of the This revision relates to Insured Mail Domestic Mail Manual (DMM) are [Revise 2.2 to read as follows:] receipts, PS Form 3813, Receipt for revised as set forth below: A customer must file a claim Domestic Insured Parcel, or PS Form immediately but no later than 60 days 3813–P, Insured Mail Receipt. There is Domestic Mail Manual (DMM) from the mailing date when the contents an area on each of these receipts * * * * * annotated either ‘‘Postmark of Mailing of an article are damaged or missing Office,’’ or ‘‘Postmark Here,’’ that clearly S Special Services from the mailing container. For a lost article, a customer must file a claim indicates that a postmark (round date) S000 Miscellaneous Services or point of service (POS) retail terminal within the time limits in the chart imprint, which includes a date, is S010 Indemnity Claims below. required. Because these Postal Service * * * * *
When to file (from mailing date) Mail type or service No sooner than No later than
Bulk Insured ...... 21 days ...... 180 days COD ...... 45 days ...... 180 days Express Mail ...... 7 days ...... 90 days Express Mail COD ...... 45 days ...... 90 days Insured Mail ...... 21 days ...... 180 days Registered Mail ...... 15 days ...... 180 days Registered Mail COD ...... 45 days ...... 180 days
Exceptions: Claims for loss of insured 2.4 How to File For a claim involving Insured Mail, and COD articles (including insured Registered Mail, COD, or Express Mail articles sent to APO and FPO addresses) [Revise 2.4 to read as follows:] service, the customer must present any originating at or addressed to Post A customer may file a claim by of the following evidence showing that Offices outside the contiguous 48 states presenting evidence of insurance, the particular service was purchased: may be filed only at the following times: evidence of value, proof of damage, and * * * * * a. After 45 days if article sent First- for unnumbered Insured Mail claims, [Insert new item d to read as follows:] Class Mail service, space available mail proof of loss or damage. (Proof of loss (SAM), or parcel airlift (PAL) services. is not required for numbered Insured d. The original sales receipt from the b. After 45 days if article sent COD. Mail, Registered Mail, COD, or Express USPS listing the mailing receipt c. After 75 days if article sent by Mail claims.) If the article was mailed number and insurance amount, if the surface. Express Mail COD, the sender must original mailing receipt is not available. provide both the original COD and Reproduced copies of the USPS sales 2.3 Where to File Express Mail receipts. The customer receipt are not acceptable. must complete the applicable spaces on A claim may be filed: 2.6 Evidence of Value Form 1000. * * * * * 2.5 Evidence of Insurance The customer must submit acceptable [Insert item c to read as follows:] evidence to establish the cost or value c. On the Web at http:// [Revise introductory text to read as of the article at the time it was mailed. www.usps.com. follows:] (Other evidence may be requested to
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help determine an accurate value.) claims. For proof of loss, the addressee 4.0 ADJUDICATION Examples of acceptable evidence are: must provide a letter or statement, dated 4.1 Initial * * * * * at least 21 days after the date that the [Revise item b to read as follows:] unnumbered Insured Mail article was [Revise 4.1 to read as follows:] b. For items valued up to $100, the mailed, reporting that the addressee did The St. Louis Accounting Service customer’s own statement describing not receive the article. The statement or Center (ASC) adjudicates and pays or the lost or damaged article and a copy of it must be attached to the disallows all domestic claims except including the date and place of claim. those appealed under 4.3. purchase, the amount paid, and whether 2.10 Duplicate Claim 4.2 Appeal the item was new or used (only if a sales [Revise 2.10 to read as follows:] receipt or invoice is not available). If the [Revise 4.2 to read as follows:] article mailed is a hobby, craft, or A customer must file any duplicate A customer may appeal a claim similar handmade item, the statement claim no sooner than 30 days and no decision by filing a written appeal must include the cost of the materials later than 60 days from the date the within 60 days of the date of the original used in making the item. The statement original claim was filed. decision. The customer must send the must describe the article in sufficient [Delete the table.] appeal directly to Claims Appeals (see detail to determine whether the value * * * * * G043 for address). claimed is accurate. 2.14 Nonpayable Claims 4.3 Final USPS Decision * * * * * [Add new item g to read as follows:] [Revise introductory text to read as [Revise 4.3 to read as follows:] g. A copy of a canceled check, money follows:] If the manager of Claims Appeals at order receipt, credit card statement, or Indemnity is not paid for Insured the St. Louis ASC sustains the denial of other documentation indicating the Mail, Registered Mail, COD, or Express a claim, the customer may submit an amount paid. Mail services in these situations: additional appeal within 60 days for [Add new item h to read as follows:] * * * * * final review and decision to the h. For Internet transactions conducted [Add items ac through ah to read as Consumer Advocate, USPS through a Web-based payment network follows:] Headquarters, who may waive the that offers payment services through a ac. Mailer refuses to accept delivery of standards in S010 in favor of the stored value account, a computer the parcel on return. customer. printout of an online transaction ad. Mail not bearing the complete [Delete 5.0. Sampling process will be identifying the purchaser and seller, names and addresses of the sender and discontinued with the implementation price paid, date of transaction, addressee, or that is undeliverable as of CCRS.] addressed to either the addressee or description of item purchased, and * * * * * assurance that the transaction status is sender. completed. The printout must clearly ae. Event or transportation tickets S900 Special Postal Services (e.g., concert, theater, sport, airline, bus, identify the Web-based payment S910 Security and Accountability network provider through which the train, etc.) received after the event date. Internet transaction was conducted. Such items are insured for loss, but not * * * * * for delay or receipt after the event date S913 Insured Mail 2.7 Missing Contents for which they were purchased unless [Revise 2.7 to read as follows:] sent by Express Mail service and the * * * * * If a claim is filed because some or all loss is attributable solely to the failure 2.0 MAILING of the contents are missing, the to meet the guaranteed delivery * * * * * addressee must present the container standard under the terms and and packaging to the USPS with the conditions for the Express Mail offering 2.7 Receipt selected. claim. Failure to do so will result in [Revise 2.7 to read as follows:] denial of the claim. af. Software installed onto computers that have been lost or damaged. For each Insured Mail article mailed, 2.8 Damage ag. Damaged articles not claimed the mailer receives a USPS sales receipt [Revise 2.8 to read as follows:] within 30 days. and the appropriate postmarked (i.e., If the addressee files the claim, the ah. Personal time used to make hobby, round date) Insured Mail form as addressee must present the article with craft, or similar handmade items. follows: the packaging and mailing container to * * * * * a. Form 3813 when the insurance coverage is $50 or less. the USPS for inspection. If the sender 3.0 PAYMENT files the claim, the St. Louis ASC will b. Form 3813–P when the insurance notify the addressee by letter to present * * * * * coverage is more than $50. the article, packaging, and container to 3.3 Dual Claim * * * * * the USPS for inspection. Failure to do S920 Convenience so will result in denial of the claim. [Revise 3.3 to read as follows:] If the sender and the addressee both S921 Collect on Delivery (COD) Mail 2.9 Proof of Loss claim insurance and cannot agree on 1.0 BASIC INFORMATION [Revise 2.9 to read as follows:] which one should receive the payment, To file a claim, the sender must any payment due is made to the sender [Insert text after first sentence to read as provide proof of loss for unnumbered unless the claim has already been paid follows:] Insured Mail. Proof of loss is not to the addressee upon presentation of * * * The recipient has the option to required for numbered Insured Mail, the original mailing receipt. pay the COD charges using either cash Registered Mail, COD, or Express Mail * * * * * or personal check. Only one form of
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payment may be used for a single D’Agostino at (312) 886–1767 before Regulations.gov Web site located at mailpiece. * * * visiting the Region 5 office. http://www.regulations.gov where you * * * * * Send written comments to: Carlton can find, review, and submit comments Nash, Chief, Regulation Development on Federal rules that have been 3.0 MAILING Section, Air Programs Branch, (AR–18J), published in the Federal Register, the * * * * * U.S. Environmental Protection Agency, Government’s legal newspaper, and are Region 5, 77 West Jackson Boulevard, open for comment. 3.4 Indelible Ink, Mailer Errors Chicago, Illinois 60604. For public commenters, it is [Revise 3.4 to read as follows:] Comments may also be submitted important to note that EPA’s policy is The particulars required on the COD electronically or through hand delivery/ that public comments, whether form must be handwritten with ink, courier, please follow the detailed submitted electronically or in paper, typewritten, or computer-printed. The instructions described in Part (I)(B)(1)(i) will be made available for public USPS is not responsible for errors that through (iii) of the Supplementary viewing at the EPA Regional Office, as a mailer makes in stating the charges to Information section. EPA receives them and without change, be collected. The mailer cannot FOR FURTHER INFORMATION CONTACT: unless the comment contains stipulate ‘‘Cash Only’’ on the COD form. Kathleen D’Agostino, Environmental copyrighted material, CBI, or other Engineer, Regulation Development information whose disclosure is * * * * * restricted by statute. When EPA We will publish an appropriate Section, Air Programs Branch, (AR–18J), U.S. Environmental Protection Agency, identifies a comment containing amendment to 39 CFR 111.3 to reflect copyrighted material, EPA will provide these changes. Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767; a reference to that material in the Stanley F. Mires, [email protected]. version of the comment that is placed in the official public rulemaking file. The Chief Counsel, Legislative. SUPPLEMENTARY INFORMATION: This [FR Doc. 03–22047 Filed 8–29–03; 8:45 am] Supplementary Information section is entire printed comment, including the copyrighted material, will be available BILLING CODE 7710–12–P organized as follows: at the Regional Office for public I. General Information. inspection. II. What Has Michigan Submitted? ENVIRONMENTAL PROTECTION III. What Action is EPA Taking? B. How and to Whom Do I Submit AGENCY IV. Is This Action Final, or May I Submit Comments? Comments? You may submit comments V. Statutory and Executive Order Reviews. 40 CFR Part 52 electronically, by mail, or through hand [MI83–01–7292a, FRL–7526–9] I. General Information. delivery/courier. To ensure proper receipt by EPA, identify the appropriate A. How Can I Get Copies of This Approval and Promulgation of Air rulemaking identification number by Document and Other Related Quality Implementation Plans; including the text ‘‘Public comment on Information ? Michigan; Definition of Volatile Organic proposed rulemaking Region 5 Air Compound 1. The Regional Office has established Docket MI83’’ in the subject line on the an official public rulemaking file first page of your comment. Please AGENCY: Environmental Protection available for inspection at the Regional ensure that your comments are Agency (EPA). Office. EPA has established an official submitted within the specified comment ACTION: Direct final rule. public rulemaking file for this action period. Comments received after the under ‘‘Region 5 Air Docket MI83’’. The close of the comment period will be SUMMARY: The EPA is approving a official public file consists of the marked ‘‘late.’’ EPA is not required to revision to Michigan’s definition of documents specifically referenced in consider these late comments. volatile organic compound (VOC). this action, any public comments 1. Electronically. If you submit an EPA’s approval will revise Michigan’s received, and other information related electronic comment as prescribed State Implementation Plan (SIP) for to this action. Although a part of the below, EPA recommends that you ozone. The Michigan Department of official docket, the public rulemaking include your name, mailing address, Environmental Quality (MDEQ) file does not include Confidential and an e-mail address or other contact submitted this SIP revision on April 25, Business Information (CBI) or other information in the body of your 2003. information whose disclosure is comment. Also include this contact DATES: This rule is effective on restricted by statute. The official public information on the outside of any disk November 3, 2003, unless EPA receives rulemaking file is the collection of or CD ROM you submit, and in any adverse written comments by October 2, materials that is available for public cover letter accompanying the disk or 2003. If EPA receives adverse viewing at the Air Programs Branch, Air CD ROM. This ensures that you can be comments, EPA will publish a timely and Radiation Division, EPA Region 5, identified as the submitter of the withdrawal of the rule in the Federal 77 West Jackson Boulevard, Chicago, comment and allows EPA to contact you Register and inform the public that the Illinois 60604. EPA requests that if at all in case EPA cannot read your comment rule will not take effect. possible, you contact the contact listed due to technical difficulties or needs ADDRESSES: You may inspect copies of in the FOR FURTHER INFORMATION further information on the substance of the documents relevant to this action CONTACT section to schedule your your comment. EPA’s policy is that EPA during normal business hours at the inspection. The Regional Office’s will not edit your comment, and any following location: Regulation official hours of business are Monday identifying or contact information Development Section, Air Programs through Friday, 8:30 to 4:30 excluding provided in the body of a comment will Branch, (AR–18J), U.S. Environmental Federal holidays. be included as part of the comment that Protection Agency, Region 5, 77 West 2. Electronic Access. You may access is placed in the official public docket. Jackson Boulevard, Chicago, Illinois this Federal Register document If EPA cannot read your comment due 60604. Please contact Kathleen electronically through the to technical difficulties and cannot
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contact you for clarification, EPA may C. How Should I Submit CBI to the III. What Action Is EPA Taking? not be able to consider your comment. Agency? EPA is approving the April 25, 2003, i. E-mail. Comments may be sent by Do not submit information that you revision to Michigan’s definition of electronic mail (e-mail) to consider to be CBI electronically to EPA. VOC. Michigan’s revised definition, [email protected]. Please include You may claim information that you including the compounds listed, is the text ‘‘Public comment on proposed submit to EPA as CBI by marking any consistent with the federal definition of rulemaking Region 5 Air Docket MI83’’ part or all of that information as CBI (if VOC contained in 40 CFR 51.100(s), and in the subject line. EPA’s e-mail system you submit CBI on disk or CD ROM, EPA policy guidance documents, is not an ‘‘anonymous access’’ system. If mark the outside of the disk or CD ROM including: ‘‘Issues Relating to VOC you send an e-mail comment directly as CBI and then identify electronically Regulation Cutpoints, Deficiencies and without going through Regulations.gov, within the disk or CD ROM the specific Deviations, Clarification to Appendix D EPA’s e-mail system automatically information that is CBI). Information so of November 24, 1987 Federal Register captures your e-mail address. E-mail marked will not be disclosed except in Notice’’ (Bluebook) (notice of addresses that are automatically accordance with procedures set forth in availability published in the Federal captured by EPA’s e-mail system are 40 CFR part 2. Register on May 25, 1988); EPA’s policy included as part of the comment that is In addition to one complete version of memorandum dated June 8, 1989, from placed in the official public docket. the comment that includes any G.T. Helms, Chief, Ozone/Carbon ii. Regulations.gov. Your use of information claimed as CBI, a copy of Monoxide Programs Branch, entitled Regulations.gov is an alternative method the comment that does not contain the Definition of VOC: Rationale;’’ EPA’s of submitting electronic comments to information claimed as CBI must be policy memorandum dated April 17, EPA. Go directly to Regulations.gov at submitted for inclusion in the official 1987, from G.T. Helms, Chief, Control http://www.regulations.gov, then click public regional rulemaking file. If you Programs Operations Branch, entitled on the button ‘‘TO SEARCH FOR submit the copy that does not contain ‘‘Definition of VOC;’’ and EPA’s policy REGULATIONS CLICK HERE’’, and CBI on disk or CD ROM, mark the memorandum dated April 17, 1987, select Environmental Protection Agency outside of the disk or CD ROM clearly from G.T. Helms, Chief, Control as the Agency name to search on. The that it does not contain CBI. Information Programs Operations Branch, entitled list of current EPA actions available for not marked as CBI will be included in ‘‘Definition of Volatile Organic comment will be listed. Please follow the public file and available for public Compounds (VOC’s).’’ EPA’s approval the online instructions for submitting inspection without prior notice. If you of the new definition of VOC will revise comments. The system is an have any questions about CBI or the Michigan’s SIP for ozone. procedures for claiming CBI, please ‘‘anonymous access’’ system, which IV. Is This Action Final, or May I consult the person identified in the FOR means EPA will not know your identity, Submit Comments? e-mail address, or other contact FURTHER INFORMATION CONTACT section. EPA is publishing this action without information unless you provide it in the II. What Has Michigan Submitted? body of your comment. prior proposal, because EPA views this On April 25, 2003, the MDEQ as a noncontroversial revision and iii. Disk or CD ROM. You may submit submitted a revision to Michigan’s anticipates no adverse comments. comments on a disk or CD ROM that definition of volatile organic compound. However, in a separate document in this you mail to the mailing address Michigan’s revised definition of the Federal Register publication, EPA is identified in Section 2, directly below. term volatile organic compound is ‘‘any proposing to approve the SIP revision. These electronic submissions will be compound of carbon or mixture of Should EPA receive adverse written accepted in WordPerfect, Word or ASCII compounds of carbon that participates comments by October 2, 2003, we will file format. Avoid the use of special in photochemical reactions, excluding withdraw this direct final and respond characters and any form of encryption. the following materials, all of which to any comments in a final action. If 2. By Mail. Send your comments to: have been determined by the United EPA does not receive adverse Carlton Nash, Chief, Regulation States Environmental Protection Agency comments, this action will be effective Development Section, Air Programs to have negligible photochemical without further notice. Any parties Branch, (AR–18J), U.S. Environmental reactivity: * * *.’’ The definition goes interested in commenting on this action Protection Agency, Region 5, 77 West on to list the exempt compounds. When should do so at this time. If we do not Jackson Boulevard, Chicago, Illinois test methods measure exempt receive comments, this action will be 60604. Please include the text ‘‘Public compounds, i.e. any of those contained effective on November 3, 2003. comment on proposed rulemaking in the list of excluded compounds, Regional Air Docket MI83’’ in the V. Statutory and Executive Order Michigan’s definition allows for their Reviews subject line on the first page of your exclusion providing that two specific comment. criteria are met: (1) The exempt Executive Order 12866: Regulatory 3. By Hand Delivery or Courier. compounds must be accurately Planning and Review Deliver your comments to: Carlton quantified and (2) MDNR must approve Under Executive Order 12866 (58 FR Nash, Chief, Regulation Development the exclusion. 51735, October 4, 1993), this action is Section, Air Programs Branch, (AR–18J), This submittal replaces the revision to not a ‘‘significant regulatory action’’ and U.S. Environmental Protection Agency, Michigan’s definition of VOC that therefore is not subject to review by the Region 5, 77 West Jackson Boulevard, MDNR submitted on August 20, 1998, Office of Management and Budget. 18th floor, Chicago, Illinois 60604. Such and supplemented on November 3, deliveries are only accepted during the 1998. EPA proposed to disapprove this Executive Order 13211: Actions Regional Office’s normal hours of previous submittal on June 10, 1999 (64 Concerning Regulations That operation. The Regional Office’s official FR 31168), because it was not consistent Significantly Affect Energy Supply, hours of business are Monday through with the federal definition of VOC Distribution, or Use Friday, 8:30 to 4:30 excluding Federal contained in 40 CFR 51.100(s) or EPA For this reason, this action is also not holidays. policy guidance documents. subject to Executive Order 13211,
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‘‘Actions Concerning Regulations That National Technology Transfer reference, Intergovernmental relations, Significantly Affect Energy Supply, Advancement Act Ozone, Volatile organic compounds. Distribution, or Use’’ (66 FR 28355, May In reviewing SIP submissions, EPA’s Dated: June 18, 2003. 22, 2001). role is to approve state choices, Cheryl L. Newton, Regulatory Flexibility Act provided that they meet the criteria of Acting Regional Administrator, Region 5. the Clean Air Act. In this context, in the This action merely approves state law absence of a prior existing requirement ■ Part 52, chapter I, title 40 of the Code as meeting Federal requirements and for the State to use voluntary consensus of Federal Regulations is amended as imposes no additional requirements standards (VCS), EPA has no authority follows: beyond those imposed by state law. to disapprove a SIP submission for PART 52—[AMENDED] Accordingly, the Administrator certifies failure to use VCS. It would thus be that this rule will not have a significant inconsistent with applicable law for ■ 1. The authority citation for part 52 economic impact on a substantial EPA, when it reviews a SIP submission, continues to read as follows: number of small entities under the to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq. Regulatory Flexibility Act (5 U.S.C. 601 that otherwise satisfies the provisions of et seq.). the Clean Air Act. Thus, the Subpart X—Michigan Unfunded Mandates Reform Act requirements of section 12(d) of the National Technology Transfer and ■ 2. Section 52.1170 is amended by Because this rule approves pre- Advancement Act of 1995 (15 U.S.C. adding paragraph (c)(119) to read as existing requirements under state law 272 note) do not apply. follows: and does not impose any additional enforceable duty beyond that required Paperwork Reduction Act § 52.1170 Identification of plan. by state law, it does not contain any This rule does not impose an * * * * * unfunded mandate or significantly or information collection burden under the (c) * * * uniquely affect small governments, as provisions of the Paperwork Reduction (119) The Michigan Department of described in the Unfunded Mandates Act of 1995 (44 U.S.C. 3501 et seq.). Environmental Quality submitted a Reform Act of 1995 (Pub. L. 104–4). revision to Michigan’s State Congressional Review Act Executive Order 13175: Consultation Implementation Plan for ozone on April and Coordination With Indian Tribal The Congressional Review Act, 5 25, 2003. This submittal contained a Governments U.S.C. 801 et seq., as added by the Small revised definition of volatile organic Business Regulatory Enforcement compound. This rule also does not have tribal Fairness Act of 1996, generally provides (i) Incorporation by reference. implications because it will not have a that before a rule may take effect, the (A) R 336.1122 Definitions; V, substantial direct effect on one or more agency promulgating the rule must effective March 13, 2003. Indian tribes, on the relationship submit a rule report, which includes a [FR Doc. 03–22155 Filed 8–29–03; 8:45 am] between the Federal Government and copy of the rule, to each House of the BILLING CODE 6560–50–P Indian tribes, or on the distribution of Congress and to the Comptroller General power and responsibilities between the of the United States. EPA will submit a Federal Government and Indian tribes, report containing this rule and other ENVIRONMENTAL PROTECTION as specified by Executive Order 13175 required information to the U.S. Senate, AGENCY (65 FR 67249, November 9, 2000). the U.S. House of Representatives, and Executive Order 13132: Federalism the Comptroller General of the United 40 CFR Part 52 States prior to publication of the rule in This action also does not have the Federal Register. A major rule [MN73–1–7298a; FRL–7541–5] Federalism implications because it does cannot take effect until 60 days after it Approval and Promulgation of not have substantial direct effects on the is published in the Federal Register. Implementation Plans; Minnesota States, on the relationship between the This action is not a ‘‘major rule’’ as national government and the States, or defined by 5 U.S.C. 804(2). AGENCY: Environmental Protection on the distribution of power and Under section 307(b)(1) of the Act, Agency (EPA). responsibilities among the various petitions for judicial review of this ACTION: Direct final rule. levels of government, as specified in action must be filed in the United States Executive Order 13132 (64 FR 43255, Court of Appeals for the appropriate SUMMARY: The Environmental Protection August 10, 1999). This action merely circuit by November 3, 2003. Filing a Agency is approving a site-specific approves a state rule implementing a petition for reconsideration by the revision to the Minnesota particulate Federal standard, and does not alter the Administrator of this final rule does not matter (PM) State Implementation Plan relationship or the distribution of power affect the finality of this rule for the (SIP) for Lafarge Corporation’s (Lafarge) and responsibilities established in the purposes of judicial review nor does it facility located on Red Rock Road in Clean Air Act. extend the time within which a petition Saint Paul, Ramsey County, Minnesota. By its submittal dated July 18, 2002, the Executive Order 13045: Protection of for judicial review may be filed, and Minnesota Pollution Control Agency Children From Environmental Health shall not postpone the effectiveness of (MPCA) requested that EPA approve and Safety Risks such rule or action. This action may not be challenged later in proceedings to Lafarge’s state operating permit into the This rule also is not subject to enforce its requirements. (See section Minnesota PM SIP. The request is Executive Order 13045 ‘‘Protection of 307(b)(2).) approvable because it meets the Children from Environmental Health requirements of the Clean Air Act (Act). Risks and Safety Risks’’ (62 FR 19885, List of Subjects in 40 CFR Part 52 The rationale for the approval and other April 23, 1997), because it is not Environmental protection, Air information are provided in this economically significant. pollution control, Incorporation by rulemaking action.
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DATES: This direct final rule will be under ‘‘Region 5 Air Docket MN73’’. close of the comment period will be effective November 3, 2003, unless EPA The official public file consists of the marked ‘‘late.’’ EPA is not required to receives adverse comment by October 2, documents specifically referenced in consider these late comments. 2003. If EPA receives adverse this action, any public comments 1. Electronically. If you submit an comments, EPA will publish a timely received, and other information related electronic comment as prescribed withdrawal of the direct final rule in the to this action. Although a part of the below, EPA recommends that you Federal Register informing the public official docket, the public rulemaking include your name, mailing address, that the rule will not take effect. file does not include Confidential and an e-mail address or other contact ADDRESSES: Written comments may be Business Information (CBI) or other information in the body of your mailed to: Carlton Nash, Chief, information whose disclosure is comment. Also include this contact Regulation Development Section, Air restricted by statute. The official public information on the outside of any disk Programs Branch (AR–18J), United rulemaking file is the collection of or CD ROM you submit, and in any States Environmental Protection materials that is available for public cover letter accompanying the disk or Agency, 77 West Jackson Boulevard, viewing at the Air Programs Branch, Air CD ROM. This ensures that you can be Chicago, Illinois 60604. and Radiation Division, EPA Region 5, identified as the submitter of the Comments may also be submitted 77 West Jackson Boulevard, Chicago, comment and allows EPA to contact you electronically or through hand delivery/ Illinois 60604. EPA requests that if at all in case EPA cannot read your comment courier, please follow the detailed possible, you contact the contact listed due to technical difficulties or needs instructions described in part (I)(B)(1)(i) in the FOR FURTHER INFORMATION further information on the substance of through (iii) of the Supplementary CONTACT section to schedule your your comment. EPA’s policy is that EPA Information section. inspection. The Regional Office’s will not edit your comment, and any Copies of the documents relevant to official hours of business are Monday identifying or contact information this action are available for inspection through Friday, 8:30 to 4:30 excluding provided in the body of a comment will during normal business hours at the Federal holidays. be included as part of the comment that above address. (Please telephone 2. Electronic Access. You may access is placed in the official public docket. Christos Panos at (312) 353–8328, before this Federal Register document If EPA cannot read your comment due visiting the Region 5 office.) electronically through the to technical difficulties and cannot A copy of the SIP revision is available Regulations.gov Web site located at contact you for clarification, EPA may for inspection at the Office of Air and http://www.regulations.gov where you not be able to consider your comment. can find, review, and submit comments Radiation (OAR) Docket and i. E-mail. Comments may be sent by on Federal rules that have been Information Center (Air Docket 6102), electronic mail (e-mail) to published in the Federal Register, the Room M1500, United States [email protected]. Please include Government’s legal newspaper, and are Environmental Protection Agency, 401 the text ‘‘Public comment on proposed M Street SW., Washington, DC 20460, open for comment. For public commenters, it is rulemaking Region 5 Air Docket MN73’’ (202) 260–7548. important to note that EPA’s policy is in the subject line. EPA’s e-mail system FOR FURTHER INFORMATION CONTACT: that public comments, whether is not an ‘‘anonymous access’’ system. If Christos Panos, Regulation Development submitted electronically or in paper, you send an e-mail comment directly Section, Air Programs Branch (AR–18J), will be made available for public without going through Regulations.gov, Air and Radiation Division, United viewing at the EPA Regional Office, as EPA’s e-mail system automatically States Environmental Protection EPA receives them and without change, captures your e-mail address. E-mail Agency, Region 5, 77 West Jackson unless the comment contains addresses that are automatically Boulevard, Chicago, Illinois 60604, copyrighted material, CBI, or other captured by EPA’s e-mail system are (312) 353–8328. information whose disclosure is included as part of the comment that is [email protected]. restricted by statute. When EPA placed in the official public docket. SUPPLEMENTARY INFORMATION: This identifies a comment containing ii. Regulations.gov. Your use of supplemental information section is copyrighted material, EPA will provide Regulations.gov is an alternative method organized as follows: a reference to that material in the of submitting electronic comments to version of the comment that is placed in EPA. Go directly to Regulations.gov at I. General Information. the official public rulemaking file. The http://www.regulations.gov, then click II. EPA Action and Review. on the button ‘‘TO SEARCH FOR 1. What action is EPA taking today? entire printed comment, including the 2. Why is EPA taking this action? copyrighted material, will be available REGULATIONS CLICK HERE’’, and III. Background on Minnesota Submittal. at the Regional Office for public select Environmental Protection Agency 1. What is the background for this action? inspection. as the Agency name to search on. The 2. What information did Minnesota submit, list of current EPA actions available for and what were its requests? B. How and to Whom Do I Submit comment will be listed. Please follow 3. What is a ‘‘Title I Condition?’’ Comments? the online instructions for submitting IV. Final Rulemaking Action. You may submit comments comments. The system is an V. Administrative Requirements. electronically, by mail, or through hand ‘‘anonymous access’’ system, which I. General Information. delivery/courier. To ensure proper means EPA will not know your identity, receipt by EPA, identify the appropriate e-mail address, or other contact A. How Can I Get Copies of This rulemaking identification number by information unless you provide it in the Document and Other Related including the text ‘‘Public comment on body of your comment. Information? proposed rulemaking Region 5 Air iii. Disk or CD ROM. You may submit 1. The Regional Office has established Docket MN73’’ in the subject line on the comments on a disk or CD ROM that an official public rulemaking file first page of your comment. Please you mail to the mailing address available for inspection at the Regional ensure that your comments are identified in section 2, directly below. Office. EPA has established an official submitted within the specified comment These electronic submissions will be public rulemaking file for this action period. Comments received after the accepted in WordPerfect, Word or ASCII
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file format. Avoid the use of special May 7, 2002. Specifically, EPA is only 2. What Information Did Minnesota characters and any form of encryption. approving into the SIP those portions of Submit, and What Were Its Requests? 2. By Mail. Send your comments to: the permit cited as ‘‘Title I condition: The SIP revision submitted by MPCA Carlton Nash, Chief, Regulation SIP for PM10 NAAQS.’’ on July 18, 2002, consists of a revised Development Section, Air Programs 2. Why Is EPA Taking This Action? state operating permit issued to the Branch, (AR–18J), U.S. Environmental Lafarge Red Rock Road facility. The Protection Agency, Region 5, 77 West EPA is taking this action because the state has requested that EPA approve Jackson Boulevard, Chicago, Illinois state’s request does not change any of the following: the inclusion into the 60604. Please include the text ‘‘Public the emission limitations currently in the Minnesota PM SIP of only the portions comment on proposed rulemaking SIP. The revised permit includes the of the revised Lafarge—Red Rock Regional Air Docket MN73’’ in the addition of a pneumatic vacuum pump Terminal permit cited as ‘‘Title I subject line on the first page of your and a new cement silo. The revision to condition: SIP for PM10 NAAQS.’’ comment. the SIP does not approve any new 3. By Hand Delivery or Courier. construction or allow an increase in 3. What Is a ‘‘Title I Condition?’’ Deliver your comments to: Carlton emissions, thereby continuing to SIP control measures were contained Nash, Chief, Regulation Development provide for attainment and maintenance in permits issued to culpable sources in Section, Air Programs Branch, (AR–18J), of the PM National Ambient Air Quality Minnesota until 1990 when EPA U.S. Environmental Protection Agency, Standards (NAAQS) and satisfying the determined that limits in state-issued Region 5, 77 West Jackson Boulevard, applicable PM requirements of the Act. permits are not federally enforceable 18th floor, Chicago, Illinois 60604. Such The pneumatic vacuum pump, which because the permits expire. The state deliveries are only accepted during the was in place and already controlled by then issued permanent Administrative Regional Office’s normal hours of a baghouse, had inadvertently been Orders to culpable sources in operation. The Regional Office’s official omitted from the Red Rock Road permit nonattainment areas from 1991 to hours of business are Monday through approved into the SIP by EPA in 1999. February of 1996. Friday, 8:30 to 4:30 excluding Federal After consulting EPA, MPCA was Minnesota’s Title V permitting rule, holidays. advised that a major amendment to the approved into the state SIP on May 2, C. How Should I Submit CBI to the permit was not needed to include this 1995 (60 FR 21447), includes the term Agency? existing unit and that the pneumatic ‘‘Title I condition’’ which was written, vacuum pump unit should be added in part, to satisfy EPA requirements that Do not submit information that you into the permit during the next major SIP control measures remain permanent. consider to be CBI electronically to EPA. amendment. Therefore, MPCA included A ‘‘Title I condition’’ is defined as ‘‘any You may claim information that you the emission unit and baghouse in the condition based on source-specific submit to EPA as CBI by marking any 2002 permit amendment. determination of ambient impacts part or all of that information as CBI (if The 2002 permit includes a major imposed for the purposes of achieving you submit CBI on disk or CD ROM, or maintaining attainment with the mark the outside of the disk or CD ROM amendment authorizing the additional emission point associated with a new national ambient air quality standard as CBI and then identify electronically and which was part of the state within the disk or CD ROM the specific cement silo. The silo emissions are to be controlled by a baghouse located on the implementation plan approved by EPA information that is CBI). Information so or submitted to the EPA pending marked will not be disclosed except in top of the silo. Although actual emissions of PM from the facility would approval under section 110 of the act accordance with procedures set forth in ***’’ The rule also states that ‘‘Title 40 CFR part 2. most likely decrease, the installation of the new unit did change the modeling I conditions and the permittee’s In addition to one complete version of obligation to comply with them, shall the comment that includes any parameters for the facility, thereby requiring a revision to the SIP. not expire, regardless of the expiration information claimed as CBI, a copy of of the other conditions of the permit.’’ the comment that does not contain the III. Background on Minnesota Further, ‘‘any title I condition shall information claimed as CBI must be Submittal remain in effect without regard to submitted for inclusion in the official permit expiration or reissuance, and public regional rulemaking file. If you 1. What Is the Background for This Action? shall be restated in the reissued permit.’’ submit the copy that does not contain Minnesota has since resumed using CBI on disk or CD ROM, mark the Lafarge’s Red Rock Road facility is permits as the enforceable document for outside of the disk or CD ROM clearly located at 1363 Red Rock Road in Saint imposing emission limitations and that it does not contain CBI. Information Paul, Ramsey County, Minnesota. On compliance requirements in SIPs. The not marked as CBI will be included in July 22, 1998, MPCA submitted to EPA SIP requirements in the permit the public file and available for public a SIP revision for Ramsey County, submitted by MPCA are cited as ‘‘Title inspection without prior notice. If you Minnesota, for the control of PM I condition: SIP for PM10 NAAQS,’’ have any questions about CBI or the emissions from certain sources located therefore assuring that the SIP procedures for claiming CBI, please along Red Rock Road. Included in this requirements will remain permanent consult the person identified in the FOR submittal was a state operating permit and enforceable. In addition, EPA FURTHER INFORMATION CONTACT section. for Lafarge Corporation (Air Emission reviewed the state’s procedure for using II. EPA Action and Review Permit No. 12300353–001 issued by permits to implement site-specific SIP MPCA on April 14, 1998), which requirements and found it to be 1. What Action Is EPA Taking Today? includes and identifies the Title I SIP acceptable under both Titles I and V of In this action, EPA is approving into conditions for the Red Rock Road the Act (July 3, 1997 letter from David the Minnesota PM SIP certain portions facility. The EPA took final action Kee, EPA, to Michael J. Sandusky, of Minnesota Air Emission Permit No. approving the Lafarge Red Rock Road MPCA). The MPCA has committed to 12300353–002, issued to Lafarge permit into the PM SIP on August 13, using this procedure if the Title I SIP Corporation—Red Rock Terminal on 1999 (64 FR 44131). conditions in the permit issued to the
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Lafarge Red Rock Road facility and entities under the Regulatory Flexibility agency promulgating the rule must included in the SIP submittal need to be Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a revised in the future. rule approves pre-existing requirements copy of the rule, to each House of the under state law and does not impose Congress and to the Comptroller General IV. Final Rulemaking Action any additional enforceable duty beyond of the United States. Section 804 EPA is approving the site-specific SIP that required by state law, it does not exempts from section 801 the following revision for the Lafarge Red Rock Road contain any unfunded mandate or types of rules: (1) Rules of particular facility, located in Saint Paul, Ramsey significantly or uniquely affect small applicability; (2) rules relating to agency County, Minnesota. Specifically, EPA is governments, as described in the management or personnel; and (3) rules approving into the SIP only those Unfunded Mandates Reform Act of 1995 of agency organization, procedure, or portions of Lafarge’s state operating (Public Law 104–4). practice that do not substantially affect permit cited as ‘‘Title I condition: SIP This rule also does not have tribal the rights or obligations of non-agency for PM10 NAAQS.’’ implications because it will not have a parties. 5 U.S.C. 804(3). EPA is not The EPA is publishing this action substantial direct effect on one or more required to submit a rule report without prior proposal because we view Indian tribes, on the relationship regarding this action under section 801 this as a noncontroversial amendment between the Federal Government and because this is a rule of particular and anticipate no adverse comments. Indian tribes, or on the distribution of applicability. However, in the proposed rules section power and responsibilities between the Under section 307(b)(1) of the Clean of this Federal Register publication, we Federal Government and Indian tribes, Air Act, petitions for judicial review of are publishing a separate document that as specified by Executive Order 13175 this action must be filed in the United will serve as the proposal to approve the (65 FR 67249, November 9, 2000). This States Court of Appeals for the state plan if relevant adverse comments action also does not have federalism appropriate circuit by November 3, are filed. This rule will be effective implications because it does not have 2003. Filing a petition for November 3, 2003 without further substantial direct effects on the states, reconsideration by the Administrator of notice unless we receive relevant on the relationship between the national this final rule does not affect the finality adverse comments by October 2, 2003. government and the states, or on the of this rule for the purposes of judicial If we receive such comments, we will distribution of power and review nor does it extend the time withdraw this action before the effective responsibilities among the various within which a petition for judicial date by publishing a subsequent levels of government, as specified in review may be filed, and shall not document that will withdraw the final Executive Order 13132 (64 FR 43255, postpone the effectiveness of such rule action. We will then address all public August 10, 1999). This action merely or action. This action may not be comments received in a subsequent approves a state rule implementing a challenged later in proceedings to final rule based on the proposed action. federal standard, and does not alter the enforce its requirements. (See section The EPA will not institute a second relationship or the distribution of power 307(b)(2).) comment period. Any parties interested and responsibilities established in the in commenting on this action should do Clean Air Act. This rule also is not List of Subjects in 40 CFR Part 52 so at this time. If we do not receive any subject to Executive Order 13045 Environmental protection, Air comments, this action will be effective ‘‘Protection of Children from pollution control, Incorporation by November 3, 2003. Environmental Health Risks and Safety reference, Intergovernmental relations, Nothing in this action should be Risks’’ (62 FR 19885, April 23, 1997), Particulate matter, Reporting and construed as permitting or allowing or because it is not economically recordkeeping requirements. establishing a precedent for any future significant. implementation plan. Each request for In reviewing SIP submissions, EPA’s Authority: 42 U.S.C. 7401 et seq. revision to the SIP shall be considered role is to approve state choices, Dated: May 16, 2003. separately in light of specific technical, provided that they meet the criteria of Norman Neidergang, economic, and environmental factors the Clean Air Act. In this context, in the Acting Regional Administrator, Region 5. and in relation to relevant statutory and absence of a prior existing requirement ■ Title 40 of the Code of Federal regulatory requirements. for the State to use voluntary consensus Regulations, chapter I, part 52, is standards (VCS), EPA has no authority V. Statutory and Executive Order amended as follows: to disapprove a SIP submission for Reviews failure to use VCS. It would thus be PART 52—[AMENDED] Under Executive Order 12866 (58 FR inconsistent with applicable law for 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, ■ 1. The authority citation for part 52 not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission continues to read as follows: therefore is not subject to review by the that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401–7671q. Office of Management and Budget. For the Clean Air Act. Thus, the ■ 2. Section 52.1220 is amended by this reason, this action is also not requirements of section 12(d) of the adding paragraph (c)(64) to read as subject to Executive Order 13211, National Technology Transfer and follows: ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. Significantly Affect Energy Supply, 272 note) do not apply. This rule does § 52.1220 Identification of plan. Distribution, or Use’’ (66 FR 28355, May not impose an information collection * * * * * 22, 2001). This action merely approves burden under the provisions of the (c) * * * state law as meeting federal Paperwork Reduction Act of 1995 (44 (64) On July 18, 2002, the State of requirements and imposes no additional U.S.C. 3501 et seq.). Minnesota submitted a site-specific requirements beyond those imposed by The Congressional Review Act, 5 revision to the Minnesota particulate state law. Accordingly, the U.S.C. 801 et seq., as added by the Small matter (PM) SIP for the Lafarge Administrator certifies that this rule Business Regulatory Enforcement Corporation (Lafarge) Red Rock Road will not have a significant economic Fairness Act of 1996, generally provides facility, located in Saint Paul, Ramsey impact on a substantial number of small that before a rule may take effect, the County, Minnesota. Specifically, EPA is
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approving into the PM SIP only those Agency, 77 West Jackson Boulevard, materials that is available for public portions of the Lafarge Red Rock Road Chicago, Illinois 60604. Copies of the viewing at the Air Programs Branch, Air facility state operating permit cited as documents relevant to this action are and Radiation Division, EPA Region 5, ‘‘Title I condition: SIP for PM10 available for inspection during normal 77 West Jackson Boulevard, Chicago, NAAQS.’’ business hours at the above address. Illinois 60604. EPA requests that if at all (i) Incorporation by reference. (Please telephone Christos Panos at possible, you contact the contact listed (A) AIR EMISSION PERMIT NO. (312) 353–8328, before visiting the in the For Further Information Contact 12300353–002, issued by the Minnesota Region 5 office.) section to schedule your inspection. The Pollution Control Agency (MPCA) to Comments may also be submitted Regional Office’s official hours of Lafarge Corporation—Red Rock electronically or through hand delivery/ business are Monday through Friday, Terminal on May 7, 2002, Title I courier, please follow the detailed 8:30 to 4:30 excluding Federal holidays. conditions only. instructions described in Part(I)(B)(1)(i) 2. Electronic Access. You may access this Federal Register document [FR Doc. 03–22157 Filed 8–29–03; 8:45 am] through (iii) of the Supplementary Information section. A copy of the SIP electronically through the BILLING CODE 6560–50–P revision is available for inspection at the regulations.gov web site located at http:/ Office of Air and Radiation (OAR) /www.regulations.gov where you can ENVIRONMENTAL PROTECTION Docket and Information Center (Air find, review, and submit comments on AGENCY Docket 6102), United States Federal rules that have been published Environmental Protection Agency, Ariel in the Federal Register, the 40 CFR Part 52 Rios Building, 1200 Pennsylvania Government’s legal newspaper, and are Avenue, NW., Washington, DC 20460, open for comment. [MN79–1a; FRL–7543–6] (202) 260–7548. For public commenters, it is important to note that EPA’s policy is FOR FURTHER INFORMATION CONTACT: Approval and Promulgation of State that public comments, whether Christos Panos, Environmental Implementation Plans; Minnesota submitted electronically or in paper, Engineer, Regulation Development will be made available for public AGENCY: Environmental Protection Section, Air Programs Branch (AR–18J), viewing at the EPA Regional Office, as Agency (EPA). Air and Radiation Division, United ACTION: Direct final rule. EPA receives them and without change, States Environmental Protection unless the comment contains Agency, Region 5, 77 West Jackson SUMMARY: The EPA is approving a site- copyrighted material, CBI, or other Boulevard, Chicago, Illinois 60604, specific revision to the Minnesota sulfur information whose disclosure is (312) 353–8328. dioxide (SO ) State Implementation restricted by statute. When EPA 2 [email protected]. Plan (SIP) for the Xcel Energy (formerly identifies a comment containing known as Northern States Power SUPPLEMENTARY INFORMATION: This copyrighted material, EPA will provide Company) Inver Hills Generating Plant supplemental information section is a reference to that material in the located in the city of Inver Grove organized as follows: version of the comment that is placed in Heights, Dakota County, Minnesota. By I. General Information. the official public rulemaking file. The its submittal dated August 9, 2002, the II. EPA Action and Review. entire printed comment, including the Minnesota Pollution Control Agency 1. What action is EPA taking today? copyrighted material, will be available (MPCA) requested that EPA approve 2. Why is EPA taking this action? at the Regional Office for public Xcel’s federally enforceable Title V III. Background on Minnesota Submittal. inspection. 1. What is the background for this action? operating permit into the Minnesota B. How and to Whom Do I Submit SO2 SIP and remove the Xcel 2. What information did Minnesota submit, and what were its requests? Comments? Administrative Order from the state SO2 3. What is a ‘‘Title I Condition?’ SIP. The state is also requesting in this You may submit comments IV. Final Rulemaking Action. electronically, by mail, or through hand submittal, that EPA rescind the V. Statutory and Executive Order Reviews. Administrative Order for Ashbach delivery/courier. To ensure proper Construction Company (Ashbach) from I. General Information receipt by EPA, identify the appropriate rulemaking identification number by the Ramsey County particulate matter A. How Can I Get Copies Of This including the text ‘‘Public comment on (PM) SIP. The requests are approvable Document and Other Related proposed rulemaking Region 5 Air because they satisfies the requirements Information? of the Clean Air Act (Act). The rationale Docket ‘‘MN79’’ in the subject line on 1. The Regional Office has established for the approval and other information the first page of your comment. Please an official public rulemaking file are provided in this rulemaking action. ensure that your comments are available for inspection at the Regional submitted within the specified comment DATES: This ‘‘direct final’’ rule is Office. EPA has established an official period. Comments received after the effective November 3, 2003, unless EPA public rulemaking file for this action close of the comment period will be receives written adverse comment by under ‘‘Region 5 Air Docket MN79’’. marked ‘‘late.’’ EPA is not required to October 2, 2003. If written adverse The official public file consists of the consider these late comments. comment is received, EPA will publish documents specifically referenced in 1. Electronically. If you submit an a timely withdrawal of the direct final this action, any public comments electronic comment as prescribed rule in the Federal Register and inform received, and other information related below, EPA recommends that you the public that the rule will not take to this action. Although a part of the include your name, mailing address, effect. official docket, the public rulemaking and an e-mail address or other contact ADDRESSES: Written comments may be file does not include Confidential information in the body of your mailed to: Carlton T. Nash, Chief, Business Information (CBI) or other comment. Also include this contact Regulation Development Section, Air information whose disclosure is information on the outside of any disk Programs Branch (AR–18J), United restricted by statute. The official public or CD ROM you submit, and in any States Environmental Protection rulemaking file is the collection of cover letter accompanying the disk or
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CD ROM. This ensures that you can be 3. By Hand Delivery or Courier. change any of the emission limitations identified as the submitter of the Deliver your comments to: Carlton currently in the SO2 SIP or their comment and allows EPA to contact you Nash, Chief, Regulation Development accompanying supportive documents, in case EPA cannot read your comment Section, Air Programs Branch, (AR–18J), such as the SO2 air dispersion modeling. due to technical difficulties or needs U.S. Environmental Protection Agency, The revision to the SO2 SIP does not further information on the substance of Region 5, 77 West Jackson Boulevard, approve any new construction or allow your comment. EPA’s policy is that EPA 18th floor, Chicago, Illinois 60604. Such an increase in emissions, thereby will not edit your comment, and any deliveries are only accepted during the providing for attainment and identifying or contact information Regional Office’s normal hours of maintenance of the SO2 National provided in the body of a comment will operation. The Regional Office’s official Ambient Air Quality Standards be included as part of the comment that hours of business are Monday through (NAAQS) and satisfying the applicable is placed in the official public docket. Friday, 8:30 to 4:30 excluding Federal SO2 requirements of the Act. The only If EPA cannot read your comment due holidays. change to the SO2 SIP is the enforceable to technical difficulties and cannot document for Xcel, from the C. How Should I Submit CBI to the contact you for clarification, EPA may Administrative Order to the Title V Agency? not be able to consider your comment. permit. i. E-mail. Comments may be sent by Do not submit information that you EPA is taking action to rescind the electronic mail (e-mail) to consider to be CBI electronically to EPA. Administrative Order for Ashbach from [email protected]. Please include You may claim information that you the Ramsey County PM SIP because, as the text ‘‘Public comment on proposed submit to EPA as CBI by marking any described below, the Administrative rulemaking Region 5 Air Docket MN79’’ part or all of that information as CBI (if Order for this facility is no longer in the subject line. EPA’s e-mail system you submit CBI on disk or CD ROM, necessary since the company has is not an ‘‘anonymous access’’ system. If mark the outside of the disk or CD ROM permanently ceased operations at the you send an e-mail comment directly as CBI and then identify electronically Saint Paul asphalt plant. without going through Regulations.gov, within the disk or CD ROM the specific III. Background on Minnesota EPA’s e-mail system automatically information that is CBI). Information so Submittal captures your e-mail address. E-mail marked will not be disclosed except in addresses that are automatically accordance with procedures set forth in 1. What Is the Background for This captured by EPA’s e-mail system are 40 CFR Part 2. Action? included as part of the comment that is In addition to one complete version of Xcel Energy Inver Hills Generating Plant the comment that includes any placed in the official public docket. Xcel’s Inver Hills Generating Plant is information claimed as CBI, a copy of ii. Regulations.gov. Your use of located in Inver Grove Heights, Dakota the comment that does not contain the Regulations.gov is an alternative method County, Minnesota, in the Pine Bend information claimed as CBI must be of submitting electronic comments to SO maintenance area. Monitored submitted for inclusion in the official 2 EPA. Go directly to Regulations.gov at violations of the primary SO NAAQS public regional rulemaking file. If you 2 http://www.regulations.gov, then click from 1975 through 1977 led EPA to submit the copy that does not contain on the button ‘‘TO SEARCH FOR designate Air Quality Control Region CBI on disk or CD ROM, mark the REGULATIONS CLICK HERE’’, and (AQCR) 131 as a primary SO outside of the disk or CD ROM clearly 2 select Environmental Protection Agency nonattainment area on March 3, 1978 that it does not contain CBI. Information as the Agency name to search on. The (43 FR 8962). AQCR 131 includes list of current EPA actions available for not marked as CBI will be included in Anoka, Carver, Dakota, Hennepin, comment will be listed. Please follow the public file and available for public Ramsey, Scott, and Washington the online instructions for submitting inspection without prior notice. If you Counties in the State of Minnesota. In comments. The system is an have any questions about CBI or the response to Part D requirements of the ‘‘anonymous access’’ system, which procedures for claiming CBI, please Clean Air Act, MPCA submitted a final consult the person identified in the FOR means EPA will not know your identity, SO2 plan on August 4, 1980. EPA FURTHER INFORMATION CONTACT section. e-mail address, or other contact approved the Minnesota Part D SO2 SIP information unless you provide it in the II. EPA Action and Review for AQCR 131 on April 8, 1981 (46 FR body of your comment. 20996). iii. Disk or CD ROM. You may submit 1. What Action Is EPA Taking Today Subsequent monitored violations of comments on a disk or CD ROM that In this action, EPA is approving into the SO2 NAAQS prompted a 1982 notice you mail to the mailing address the Minnesota SO2 SIP certain portions of SIP inadequacy for the Dakota County identified in Section 2, directly below. of the Title V permit for Xcel Energy’s area of AQCR 131. Also, as a result of These electronic submissions will be Inver Hills Generating Plant (Xcel) the promulgation of the Good accepted in WordPerfect, Word or ASCII located in the city of Inver Grove Engineering stack height rule in 1985, file format. Avoid the use of special Heights, Dakota County, Minnesota. the MPCA identified modeled characters and any form of encryption. Specifically, EPA is only approving into attainment problems in other areas of 2. By Mail. Send your comments to: the SIP those portions of the permit AQCR 131. The submittal of a revised Carlton Nash, Chief, Regulation cited as ‘‘Title I Condition: State plan was further delayed by the passage Development Section, Air Programs Implementation Plan for SO2.’’ In this of the 1990 Amendments to the Act. The Branch, (AR–18J), U.S. Environmental same action, EPA is removing the Xcel plan for the Pine Bend area of Dakota Protection Agency, Region 5, 77 West Administrative Order from the state SO2 County of AQCR 131, which included Jackson Boulevard, Chicago, Illinois SIP, and the Ashbach Administrative an Administrative Order for Northern 60604. Please include the text ‘‘Public Order from the state PM SIP. States Power-Inver Hills Station, was comment on proposed rulemaking approved by EPA on September 9, 1994 Regional Air Docket MN79’’ in the 2. Why Is EPA Taking This Action? (59 FR 46553). EPA approved subject line on the first page of your EPA is taking this action for Xcel Amendments Two and Three to the comment. because the state’s request does not administrative order for Northern States
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Power-Inver Hills Station on June 13, because the permits expire. The state 13, 1998. In addition, EPA is removing 1995 (60 FR 31088), and October 13, then issued permanent Administrative from the state PM SIP the Ashbach 1998 (63 FR 54585), respectively. Orders to culpable sources in Administrative Order which had The state submitted a request to nonattainment areas from 1991 to previously been approved into the PM redesignate the Twin Cities and Pine February of 1996. SIP on February 15, 1994. Bend areas of AQCR 131 (excluding the Minnesota’s operating permitting The EPA is publishing this action Saint Paul Park area), to attainment of program, approved into the state SIP on without prior proposal because we view the SO2 NAAQS on September 7, 1994. May 2, 1995 (60 FR 21447), includes the this as a noncontroversial amendment EPA approved the redesignation request term ‘‘Title I condition’’ which was and anticipate no adverse comments. on May 31, 1995 (60 FR 28339). written, in part, to satisfy EPA However, in the proposed rules section requirements that SIP control measures of this Federal Register publication, we Ashbach Construction Company remain permanent and requires all state are publishing a separate document that Ashbach was located in Saint Paul, permits, not only Title V permits, to will serve as the proposal to approve the Ramsey County, Minnesota. A portion contain all applicable requirements. A state plan if relevant adverse comments of the Saint Paul area was designated ‘‘Title I condition’’ is defined as ‘‘any are filed. This rule will be effective nonattainment of the PM NAAQS upon condition based on source-specific November 3, 2003 without further enactment of the 1990 Amendments to determination of ambient impacts notice unless we receive relevant the Act. The State submitted SIP imposed for the purposes of achieving adverse written comments by October 2, revisions satisfying the attainment or maintaining attainment with the 2003. If we receive such comments, we demonstration requirements of the Act national ambient air quality standard will withdraw this action before the in 1991 and 1992. The enforceable and which was part of the state effective date by publishing a element of the State’s submittals were implementation plan approved by EPA subsequent document that will administrative orders for nine facilities or submitted to the EPA pending withdraw the final action. All public in the Saint Paul area. An approval under section 110 of the act comments received will then be Administrative Order for Ashbach was ***.’’ The rule also states that ‘‘Title addressed in a subsequent final rule included in these submittals. EPA took I conditions and the permittee’s based on the proposed action. The EPA final action on February 15, 1994 at 59 obligation to comply with them, shall will not institute a second comment FR 7218, to approve Minnesota’s not expire, regardless of the expiration period. Any parties interested in submittals as satisfying the applicable of the other conditions of the permit.’’ commenting on this action should do so requirements for the Saint Paul PM Further, ‘‘any title I condition shall at this time. If we do not receive any nonattainment area. The facility ceased remain in effect without regard to comments, this action will be effective operations at the end of the 1996 asphalt permit expiration or reissuance, and November 3, 2003. producing season and was permanently shall be restated in the reissued permit.’’ Minnesota has since resumed using V. Statutory and Executive Orders shut down in 1997. Reviews On June 20, 2002, MPCA requested permits as the enforceable document for that EPA redesignate the Saint Paul PM imposing emission limitations and Under Executive Order 12866, nonattainment area to attainment. EPA compliance requirements in SIPs. The ‘‘Regulatory Planning and Review’’ (58 took final action on July 26, 2002 at 67 SIP requirements in the permit FR 51735, October 4, 1993), this action FR 48787, redesignating the Saint Paul submitted by MPCA are cited as ‘‘Title is not a ‘‘significant regulatory action’’ PM nonattainment area to attainment of I Condition: State Implementation Plan and therefore is not subject to review by the PM NAAQS. for SO2,’’ therefore assuring that the SIP the Office of Management and Budget. requirements will remain permanent For this reason, this action is also not 2. What Information Did Minnesota and enforceable. In addition, EPA subject to Executive Order 13211, Submit, and What Were Its Requests? reviewed the state’s procedure for using ‘‘Actions Concerning Regulations That The SIP revision submitted by MPCA permits to implement site-specific SIP Significantly Affect Energy Supply, on February 6, 2000, consists of a Title requirements and found it to be Distribution, or Use’’ (66 FR 28355, May V permit issued to Xcel. The state has acceptable under both Titles I and V of 22, 2001). This action merely approves requested that EPA approve the the Act (July 3, 1997 letter from EPA to state law as meeting federal following: MPCA). The MPCA has committed to requirements and imposes no additional (1) The inclusion into the Minnesota using this procedure if the Title I SIP requirements beyond those imposed by SO2 SIP only the portions of the Xcel conditions in the permit issued to Xcel state law. Accordingly, the Inver Hills Generating Plant Title V and included in the SIP submittal need Administrator certifies that this rule permit cited as ‘‘Title I Condition: State to be revised in the future. will not have a significant economic impact on a substantial number of small Implementation Plan for SO2.’’; IV. Final Rulemaking Action (2) The removal from the Minnesota entities under the Regulatory Flexibility SO2 SIP of the Administrative Order for EPA is approving the SIP revision for Act (5 U.S.C. 601 et seq.). Because this Xcel previously approved into the SIP; Xcel’s Inver Hills Generating Plant rule approves pre-existing requirements and, located in the city of Inver Grove under state law and does not impose (3) The removal from the Minnesota Heights, Dakota County, Minnesota. any additional enforceable duty beyond PM SIP of the Administrative Order for Specifically, EPA is approving into the that required by state law, it does not Ashbach previously approved into the SIP only those portions of Xcel’s Title contain any unfunded mandate nor does SIP. V permit cited as ‘‘Title I Condition: it significantly or uniquely affect small State Implementation Plan for SO2.’’ In governments, as described in the 3. What Is a ‘‘Title I Condition’’? this same action, EPA is removing from Unfunded Mandates Reform Act of 1995 SIP control measures were contained the state SO2 SIP the Xcel Inver Hills (Public Law 104–4). in permits issued to culpable sources in Generating Plant Administrative Order This rule also does not have tribal Minnesota until 1990 when EPA which had first been approved into the implications because it will not have a determined that limits in state-issued SO2 SIP on September 9, 1994 and substantial direct effect on one or more permits are not federally enforceable amended on June 13, 1995 and October Indian tribes, on the relationship
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between the federal government and order, and has determined that the ■ c. Removing and reserving paragraph Indian tribes, or on the distribution of rule’s requirements do not constitute a (c)(41)(i)(C). power and responsibilities between the taking. This rule does not impose an ■ d. Adding paragraph (c)(63). federal government and Indian tribes, as information collection burden under the The revision and addition read as specified by Executive Order 13175, provisions of the Paperwork Reduction follows: ‘‘Consultation and Coordination with Act of 1995 (44 U.S.C. 3501 et seq.). § 52.1220 Identification of plan. Indian Tribal Governments’’ (65 FR The Congressional Review Act, 5 67249, November 9, 2000). This action U.S.C. section 801 et seq., as added by * * * * * also does not have federalism the Small Business Regulatory (c)*** implications because it will not have Enforcement Fairness Act of 1996, (41)*** substantial direct effects on the states, generally provides that before a rule (i)*** (A) Amendments, all effective on the relationship between the national may take effect, the agency December 21, 1994, to Administrative government and the states, or on the promulgating the rule must submit a Orders approved in paragraph (c)(29) of distribution of power and rule report, which includes a copy of this section for Commercial Asphalt, responsibilities among the various the rule, to each House of the Congress Inc.; Great Lakes Coal and Dock levels of government, as specified in and to the Comptroller General of the Company; Harvest States Cooperatives; Executive Order 13132, ‘‘Federalism’’ United States. EPA will submit a report LaFarge Corporation; Metropolitan (64 FR 43255, August 10, 1999). This containing this rule and other required Council; North Star Steel Company; action merely approves a state rule information to the U.S. Senate, the U.S. Rochester Public Utilities; J. L. Shiely implementing a federal standard, and House of Representatives, and the Company. does not alter the relationship or the Comptroller General of the United distribution of power and States prior to publication of the rule in * * * * * responsibilities established in the Clean the Federal Register. A major rule (63) On August 9, 2002, the State of Air Act. This rule also is not subject to cannot take effect until 60 days after it Minnesota submitted a revision to the Executive Order 13045 ‘‘Protection of is published in the Federal Register. Minnesota sulfur dioxide (SO2) State Children from Environmental Health This action is not a ‘‘major rule’’ as Implementation Plan (SIP) for Xcel Risks and Safety Risks’’ (62 FR 19885, defined by 5 U.S.C. section 804(2). Energy’s Inver Hills Generating Plant April 23, 1997), because it is not a Under section 307(b)(1) of the Clean (Xcel) located in the city of Inver Grove significant regulatory action under Air Act, petitions for judicial review of Heights, Dakota County, Minnesota. Executive Order 12866. this action must be filed in the United Specifically, EPA is only approving into Section 12(d) of the National States Court of Appeals for the the SO2 SIP those portions of the Xcel Technology Transfer and Advancement appropriate circuit by November 3, Title V operating permit cited as ‘‘Title Act of 1995 (NTTA), 15 U.S.C. § 272, 2003. Filing a petition for I Condition: State Implementation Plan requires federal agencies to use reconsideration by the Administrator of for SO2’’. technical standards that are developed this final rule does not affect the finality (i) Incorporation by reference. or adopted by voluntary consensus to of this rule for the purposes of judicial (A) AIR EMISSION PERMIT NO. carry out policy objectives, so long as review nor does it extend the time 03700015–001, issued by the Minnesota such standards are not inconsistent with within which a petition for judicial Pollution Control Agency to Northern applicable law or otherwise review may be filed, and shall not States Power Company Inver Hills impracticable. In reviewing SIP postpone the effectiveness of such rule Generating Plant on July 25, 2000, Title submissions, EPA’s role is to approve or action. This action may not be I conditions only. state choices, provided that they meet challenged later in proceedings to [FR Doc. 03–22153 Filed 8–29–03; 8:45 am] the criteria of the Act. Absent a prior enforce its requirements. (See section BILLING CODE 6560–50–P existing requirement for the state to use 307(b)(2).) voluntary consensus standards, EPA has no authority to disapprove a SIP List of Subjects in 40 CFR Part 52 ENVIRONMENTAL PROTECTION submission for failure to use such Environmental protection, Air AGENCY standards, and it would thus be pollution control, Incorporation by inconsistent with applicable law for reference, Intergovernmental relations, 40 CFR Part 271 EPA to use voluntary consensus Particulate matter, Reporting and [FRL–7550–3] standards in place of a SIP submission recordkeeping requirements, Sulfur that otherwise satisfies the provisions of Dioxide. South Carolina: Final Authorization of the Act. Therefore, the requirements of Dated: May 23, 2003. State Hazardous Waste Management section 12(d) of the NTTA do not apply. Program Revision As required by section 3 of Executive Jerri-Anne Garl, Order 12988 (61 FR 4729, February 7, Acting Regional Administrator, Region 5. AGENCY: Environmental Protection 1996), in issuing this rule, EPA has ■ Title 40 of the Code of Federal Agency (EPA). taken the necessary steps to eliminate Regulations, chapter I, part 52, is ACTION: Immediate final rule. drafting errors and ambiguity, minimize amended as follows: potential litigation, and provide a clear SUMMARY: South Carolina has applied to legal standard for affected conduct. EPA PART 52—[AMENDED] EPA for Final authorization of the has complied with Executive Order changes to its hazardous waste program ■ 1. The authority citation for part 52 12630 (53 FR 8859, March 15, 1988) by under the Resource Conservation and continues to read as follows: examining the takings implications of Recovery Act (RCRA). EPA has the rule in accordance with the Authority: 42 U.S.C. 7401 et seq. determined that these changes satisfy all ‘‘Attorney General’s Supplemental ■ 2. Section 52.1220 is amended by: requirements needed to qualify for Final Guidelines for the Evaluation of Risk ■ a. Removing and reserving paragraphs authorization, and is authorizing the and Avoidance of Unanticipated (c)(29)(i)(A) and (c)(35)(i)(B). State’s changes through this immediate Takings’’ issued under the executive ■ b. Revising paragraph (c)(41)(i)(A). final action. EPA is publishing this rule
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to authorize the changes without a prior of Federal Regulations (CFR) parts 124, expect comments that oppose this proposal because we believe this action 260 through 266, 268, 270, 273 and 279. approval. We are providing an is not controversial and do not expect opportunity for public comment now. In B. What Decisions Have We Made in comments that oppose it. Unless we get addition to this rule, in the proposed This Rule? written comments which oppose this rules section of today’s Federal Register authorization during the comment We conclude that South Carolina’s we are publishing a separate document period, the decision to authorize South applications to revise its authorized that proposes to authorize the State Carolina’s changes to their hazardous program meets all of the statutory and program changes. waste program will take effect. If we get regulatory requirements established by E. What Happens if EPA Receives comments that oppose this action, we RCRA. Therefore, we grant South Comments That Oppose This Action? will publish a document in the Federal Carolina Final authorization to operate Register withdrawing this rule before it its hazardous waste program with the If EPA receives comments that oppose takes effect and a separate document in changes described in the authorization this authorization, we will withdraw the proposed rules section of this applications. South Carolina has this rule by publishing a document in Federal Register will serve as a proposal responsibility for permitting Treatment, the Federal Register before the rule to authorize the changes. Storage, and Disposal Facilities (TSDFs) becomes effective. EPA will base any DATES: This Final authorization will within its borders (except in Indian further decision on the authorization of become effective on November 3, 2003, Country) and for carrying out the the State program changes on the unless EPA receives adverse written aspects of the RCRA program described proposal mentioned in the previous comment by October 2, 2003. If EPA in its revised program application, paragraph. We will then address all receives such comment, it will publish subject to the limitations of the public comments in a later final rule. a timely withdrawal of this immediate Hazardous and Solid Waste You may not have another opportunity final rule in the Federal Register and Amendments of 1984 (HSWA). New to comment. If you want to comment on inform the public that this authorization Federal requirements and prohibitions this authorization, you must do so at will not take effect. imposed by Federal regulations that this time. If we receive comments that oppose ADDRESSES: Send written comments to EPA promulgates under the authority of HSWA take effect in authorized States only the authorization of a particular Narindar Kumar, Chief, RCRA Programs change to the State hazardous waste Branch, Waste Management Division, before they are authorized for the requirements. Thus, EPA will program, we will withdraw that part of U.S. Environmental Protection Agency, this rule but the authorization of the Atlanta Federal Center, 61 Forsyth implement those requirements and prohibitions in South Carolina, program changes that the comments do Street, SW., Atlanta, GA, 30303–3104; not oppose will become effective on the (404) 562–8448. You can view and copy including issuing permits, until the State is granted authorization to do so. date specified above. The Federal South Carolina’s applications from 9 Register withdrawal document will a.m. to 4 p.m. at the following C. What Is the Effect of Today’s specify which part of the authorization addresses: South Carolina Department Authorization Decision? will become effective, and which part is of Health and Environmental Control, The effect of this decision is that a being withdrawn. 2600 Bull Street, Columbia, South facility in South Carolina subject to Carolina 29201, (803) 896–4174; and F. What Has South Carolina Previously RCRA will now have to comply with the EPA Region 4, Atlanta Federal Center, Been Authorized for? authorized State requirements instead of Library, 61 Forsyth Street, SW., Atlanta, the equivalent Federal requirements in South Carolina initially received Final Georgia 30303; (404) 562–8190. order to comply with RCRA. South authorization on November 8, 1985, FOR FURTHER INFORMATION CONTACT: Carolina has enforcement effective November 22, 1985 (50 FR Narindar Kumar, Chief, RCRA Programs responsibilities under its State 46437) to implement the RCRA Branch, Waste Management Division, hazardous waste program for violations hazardous waste management program. U.S. Environmental Protection Agency, of such program, but EPA retains its We granted authorization for changes to Atlanta Federal Center, 61 Forsyth authority under RCRA sections 3007, their program on September 8, 1988, Street, SW., Atlanta, GA, 30303–3104; 3008, 3013, and 7003, which include, effective November 7, 1988 (53 FR (404) 562–8448. among others, authority to: 34758), February 10, 1993, effective SUPPLEMENTARY INFORMATION: • do inspections, and require April 12, 1993 (58 FR 7865), November 29, 1994, effective January 30, 1995 (59 A. Why Are Revisions to State monitoring, tests, analyses or reports • FR 60901), April 26, 1996, effective June Programs Necessary? enforce RCRA requirements and suspend or revoke permits 25, 1996 (61 FR 18502), October 4, 2000, States which have received final • take enforcement actions regardless effective December 4, 2000 (65 FR authorization from EPA under RCRA of whether the State has taken its own 59135) and August 21, 2001, effective section 3006(b), 42 U.S.C. 6926(b), must actions October 22, 2001 (66 FR 43798). maintain a hazardous waste program This action does not impose G. What Changes Are We Authorizing that is equivalent to, consistent with, additional requirements on the With Today’s Action? and no less stringent than the Federal regulated community because the program. As the Federal program regulations for which South Carolina is On November 15, 2000 and December changes, States must change their being authorized by today’s action are 20, 2001, South Carolina submitted final programs and ask EPA to authorize the already effective, and are not changed complete program revision applications, changes. Changes to State programs may by today’s action. seeking authorization of their changes in be necessary when Federal or State accordance with 40 CFR 271.21. We statutory or regulatory authority is D. Why Wasn’t There a Proposed Rule now make an immediate final decision, modified or when certain other changes Before Today’s Rule? subject to receipt of written comments occur. Most commonly, States must EPA did not publish a proposal before that oppose this action, that South change their programs because of today’s rule because we view this as a Carolina’s hazardous waste program changes to EPA’s regulations in 40 Code routine program change and do not revisions satisfy all of the requirements
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necessary to qualify for Final Carolina Final authorization for the authorization. Therefore, we grant South following program changes:
Federal requirements Federal Register Analogous state authority 1
Land Disposal Restrictions Phase III—Emergency Ex- 62 FR 37694–37699, July SCHWMA § 44–56–30. tension of the K088 National Capacity Variance, 14, 1997. SCHWMA § 44–56–130. Amendment, Checklist 160, RCRA Cluster VIII, HSWA SCHWM R.61–79.268.39(c). Provision. Emergency Revision of the Carbamate Land Disposal 62 FR 45568, August 28, SCHWMA § 44–56–30. Restrictions, Checklist 161, RCRA Cluster VIII, HSWA 1997. SCHWMA § 44–56–130. Provision. SCHWM R.61–79.268.4040(g). SCHWM R.61–79.268.48(a)/Table. Clarification of Standards for Hazardous Waste LDR 62 FR 64504–64509, De- SCHWMA § 44–56–30. Treatment Variances, Checklist 162, RCRA Cluster cember 5, 1997. SCHWMA § 44–56–130. VIII, HSWA Provision. SCHWM R.61–79.268.44(h)into SCHWM R.61–79.268.44(h)(1). SCHWM R.61–79.268.44(h)(2) intro. SCHWM R.61–79.268.44(h)(2)(i). SCHWM R.61–79.268.44(h)(2)(ii). SCHWM R.61–79.268.44(h)(3). SCHWM R.61–79.268.44(m). SCHWM R.61–79.268.44(p). Organic Air Emission Standards for Tanks, Surface Im- 62 FR 64636–64671, De- SCHWMA § 44–56–30. poundments, and Containers: Clarification and Tech- cember 8, 1997. SCHWMA § 44–56–130. nical Amendment, Checklist 163, RCRA Cluster VIII, SCHWM R.61–79.264.15(b)(4). HSWA Provision. SCHWM R.61–79.264.73(b)(6). SCHWM R.61–79.264.1030(b)(3). SCHWM R.61–79.264.1030(c). SCHWM R.61–79.264.1030(e). SCHWM R.61–79.264.1031. SCHWM R.61–79.264.1033(a)(2)(i). SCHWM R.61–79.264.1033(a)(2)(ii). SCHWM R.61–79.264.1033(a)(2)(iii). SCHWM R.61–79.264.1033(a)(2)(iv). SCHWM R.61–79.264.1050(b)(3). SCHWM R.61–79.264.1050(c). SCHWM R.61–79.264.1050(f). SCHWM R.61–79.264.1060(a). SCHWM R.61–79.264.1060(b)(1). SCHWM R.61–79.264.1060(b)(2). SCHWM R.61–79.264.1060(b)(3). SCHWM R.61–79.264.1060(b)(4). SCHWM R.61–79.264.1062(b)(2). SCHWM R.61–79.264.1062(b)(3). SCHWM R.61–79.264.1064(g)(6). SCHWM R.61–79.264.1064(m). SCHWM R.61–79.264.1080(b)(1). SCHWM R.61–79.264.1080(c). SCHWM R.61–79.264.1082(b). SCHWM R.61–79.264.1082(c)(2)(ix)(A). SCHWM R.61–79.264.1082(c)(2)(ix)(B). SCHWM R.61–79.264.1082(c)(3). SCHWM R.61–79.264.1082(c)(4)(ii). SCHWM R.61–79.264.1083(a)(2). SCHWM R.61–79.264.1083(b)(1). SCHWM R.61–79.264.1084(c)(2)(iii). SCHWM R.61–79.264.1084(c)(2)(iii)(B). SCHWM R.61–79.264.1084(c)(2)(iii)(B)(1). SCHWM R.61–79.264.1084(c)(2)(iii)(B)(2). SCHWM R.61–79.264.1084(e)(4). SCHWM R.61–79.264.1084(f)(3)(i)(D)(4). SCHWM R.61–79.264.1084(f)(3)(iii). SCHWM R.61–79.264.1084(f)(4). SCHWM R.61–79.264.1084(j)(2)(iii). SCHWM R.61–79.264.1085(b)(2). SCHWM R.61–79.264.1085(d)(1)(iii). SCHWM R.61–79.264.1085(d)(2)(i)(B). SCHWM R.61–79.264.1085(e)(2)(iii). SCHWM R.61–79.264.1086(c)(2). SCHWM R.61–79.264.1086(c)(4)(i). SCHWM R.61–79.264.1086(d)(2). SCHWM R.61–79.264.1086(d)(4)(i). SCHWM R.61–79.264.1086(g).
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Federal requirements Federal Register Analogous state authority 1
Organic Air Emission Standards for Tanks, Surface Im- 62 FR 64636–64671, De- SCHWM R.61–79.264.1087(c)(3)(ii) poundments, and Containers: Clarification and Tech- cember 8, 1997. SCHWM R.61–79.264.1087(c)(7) nical Amendment, Checklist 163 cont., RCRA Cluster SCHWM R.61–79.264.1089(a) VIII, HSWA Provision. SCHWM R.61–79.264.1089(b)(1)(ii)(B) SCHWM R.61–79.264.1089(f)(1) SCHWM R.61–79.264.1089(j) SCHWM R.61–79.264.1089(j)(1) SCHWM R.61–79.264.1089(j)(2) SCHWM R.61–79.265.15(b)(4) SCHWM R.61–79.265.73(b)(6) SCHWM R.61–79.265.1030(b)(3) SCHWM R.61–79.265.1030(d) SCHWM R.61–79.265.1033(a)(2)(i) SCHWM R.61–79.265.1033(a)(2)(ii) SCHWM R.61–79.265.1033(a)(2)(iii) SCHWM R.61–79.265.1033(a)(2)(iv) SCHWM R.61–79.265.1033(f)(2)(iv)(B) SCHWM R.61–79.265.1050(b)(3) SCHWM R.61–79.265.1050(e) SCHWM R.61–79.265.1060(a) SCHWM R.61–79.265.1060(b)(1) SCHWM R.61–79.265.1060(b)(2) SCHWM R.61–79.265.1060(b)(3) SCHWM R.61–79.265.1060(b)(4) SCHWM R.61–79.265.1062(b)(2) SCHWM R.61–79.265.1062(b)(3) SCHWM R.61–79.265.1064(g)(6) SCHWM R.61–79.265.1064(m) SCHWM R.61–79.265.1080(b)(1) SCHWM R.61–79.265.1080(c) SCHWM R.61–79.265.1081 SCHWM R.61–79.265.1082(a) SCHWM R.61–79.265.1082(a)(1) SCHWM R.61–79.265.1082(a)(2) SCHWM R.61–79.265.1082(a)(2)(i) SCHWM R.61–79.265.1082(a)(2)(ii) SCHWM R.61–79.265.1082(a)(2)(iii) SCHWM R.61–79.265.1082(a)(2)(iv) SCHWM R.61–79.265.1082(b) SCHWM R.61–79.265.1082(b)(1) SCHWM R.61–79.265.1082(b)(2) SCHWM R.61–79.265.1082(b)(2)(i) SCHWM R.61–79.265.1082(b)(2)(ii) SCHWM R.61–79.265.1082(b)(2)(iii) SCHWM R.61–79.265.1082(c) SCHWM R.61–79.265.1082(d) SCHWM R.61–79.265.1083(b) SCHWM R.61–79.265.1083(c)(2)(i) SCHWM R.61–79.265.1083(c)(2)(ix)(A) SCHWM R.61–79.265.1083(c)(2)(ix)(B) SCHWM R.61–79.265.1083(c)(3) Organic Air Emission Standards for Tanks, Surface Im- 62 FR 64636–64671, De- SCHWM R.61–79.265.1083(c)(4)(ii) poundments, and Containers: Clarification and Tech- cember 8, 1997. SCHWM R.61–79.265.1084(a)(2) nical Amendment, Checklist 163 cont., RCRA Cluster SCHWM R.61–79.265.1084(a)(3)(ii)(B) VIII, HSWA Provision. SCHWM R.61–79.265.1084(a)(3)(iii) SCHWM R.61–79.265.1084(a)(3)(iii)(A) SCHWM R.61–79.265.1084(a)(3)(iii)(F) SCHWM R.61–79.265.1084(a)(3)(iii)(G) SCHWM R.61–79.265.1084(a)(3)(iii)(G)(1) SCHWM R.61–79.265.1084(a)(3)(iv) SCHWM R.61–79.265.1084(a)(3)(iv)(A) SCHWM R.61–79.265.1084(a)(3)(iv)(B) SCHWM R.61–79.265.1084(a)(3)(iv)(B)(1) SCHWM R.61–79.265.1084(a)(3)(iv)(B)(2) SCHWM R.61–79.265.1084(a)(3)(v) SCHWM R.61–79.265.1084(a)(4)(iv) SCHWM R.61–79.265.1084(b)(1) SCHWM R.61–79.265.1084(b)(3)(ii)(B) SCHWM R.61–79.265.1084(b)(3)(iii) SCHWM R.61–79.265.1084(b)(3)(iii)(F) SCHWM R.61–79.265.1084(b)(3)(iii)(G) SCHWM R.61–79.265.1084(b)(3)(iv) SCHWM R.61–79.265.1084(b)(3)(v) SCHWM R.61–79.265.1084(b)(8)(iii)
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Federal requirements Federal Register Analogous state authority 1
SCHWM R.61–79.265.1084(b)(9)(iv) SCHWM R.61–79.265.1084(d)(5)(ii) SCHWM R.61–79.265.1085(c)(2)(iii) SCHWM R.61–79.265.1085(c)(2)(iii)(B) SCHWM R.61–79.265.1085(c)(2)(iii)(B)(1) SCHWM R.61–79.265.1085(c)(2)(iii)(B)(2) SCHWM R.61–79.265.1085(e)(4) SCHWM R.61–79.265.1085(f)(3)(i)(D)(4) SCHWM R.61–79.265.1085(f)(4) SCHWM R.61–79.265.1085(j)(2)(iii) SCHWM R.61–79.265.1086(b)(2) SCHWM R.61–79.265.1086(d)(1)(iii) SCHWM R.61–79.265.1086(d)(2)(i)(B) SCHWM R.61–79.265.1086(e)(2)(iii) SCHWM R.61–79.265.1087(c)(4)(i) SCHWM R.61–79.265.1087(d)(4)(i) SCHWM R.61–79.265.1087(g) SCHWM R.61–79.265.1088(c)(3)(ii) SCHWM R.61–79.265.1088(c)(7) SCHWM R.61–79.265.1090(a) SCHWM R.61–79.265.1090(b)(1)(ii)(B) SCHWM R.61–79.265.1090(f)(1) SCHWM R.61–79.265.1090(j) SCHWM R.61–79.265.1090(j)(1) SCHWM R.61–79.265.1090(j)(2) SCHWM R.61–79.265 Appendix VI SCHWM R.61–79.270.14(b)(5) Kraft Mill Steam Stripper, Condensate Exclusion, Check- 63 FR 18504–18751, April SCHWMA § 44–56–30 list 164,RCRA Cluster VIII non-HSWA Provision. 15, 1998. SCHWM R.61–79.261.4(a)(15) Land Disposal Restrictions Phase IV–Treatment Stand- 63 FR 28556–28753, May SCHWMA § 44–56–30 ards for Metal Wastes and Mineral Processing Waste, 26, 1998. SCHWMA § 44–56–130 Checklist 167 A, RCRA Cluster VIII, HSWA Provision. SCHWM R.61–79.268.2(i) SCHWM R.61–79.268.3(d) SCHWM R.61–79.268.34(a) SCHWM R.61–79.268.34(b) SCHWM R.61–79.268.34(c) SCHWM R.61–79.268.34(d) SCHWM R.61–79.268.34(d)(1) SCHWM R.61–79.268.34(d)(2) SCHWM R.61–79.268.34(d)(3) SCHWM R.61–79.268.34(d)(4) SCHWM R.61–79.268.34(d)(e) SCHWM R.61–79.268.40(e) SCHWM R.61–79.268.40(h) SCHWM R.61–79.268.40/Table ‘‘Treatment Standards for Hazardous Waste’’ SCHWM R.61–79.268.40/Table UTS Land Disposal Restrictions Phase IV—Hazardous Soils 63 FR 28556–28753, May SCHWMA § 44–56–30 Treatment Standards and Exclusions, Checklist 167 B, 26, 1998. SCHWMA § 44–56–130 RCRA Cluster VIII, HSWA Provision. SCHWM R.61–79.268.2(k) SCHWM R.61–79.268.7(a)(1) SCHWM R.61–79.268.7(a)(2) SCHWM R.61–79.268.7(a)(2)(i) SCHWM R.61–79.268.7(a)(2)(ii) SCHWM R.61–79.268.7(a)(3) intro SCHWM R.61–79.268.7(a)(3)(ii) SCHWM R.61–79.268.7(a)(4) SCHWM R.61–79.268.7(a)(4)/Table SCHWM R.61–79.268.7(a)(5) SCHWM R.61–79.268.7(a)(6) SCHWM R.61–79.268.7(b)(1) SCHWM R.61–79.268.7(b)(2) SCHWM R.61–79.268.7(b)(3) SCHWM R.61–79.268.7(b)(4) intro SCHWM R.61–79.268.7(e) intro SCHWM R.61–79.268.7(e)(1) SCHWM R.61–79.268.7(e)(2) SCHWM R.61–79.268.44(h)(3) intro SCHWM R.61–79.268.44(h)(3)(i) SCHWM R.61–79.268.44(h)(3)(i)(A) SCHWM R.61–79.268.44(h)(3)(i)(B)
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Federal requirements Federal Register Analogous state authority 1
Land Disposal Restrictions Phase IV–Hazardous Soils 63 FR 28556–28753, May SCHWM R.61–79.268.44(h)(3)(ii) Treatment Standards and Exclusions, Checklist 167 26, 1998. SCHWM R.61–79.268.44(h)(4) cont., RCRA Cluster VIII, HSWA Provision. SCHWM R.61–79.268.44(h)(5) SCHWM R.61–79.268.49(a) SCHWM R.61–79.268.49(b) SCHWM R.61–79.268.49(c) intro SCHWM R.61–79.268.49(c)(1) intro SCHWM R.61–79.268.49(c)(1)(A) SCHWM R.61–79.268.49(c)(1)(B) SCHWM R.61–79.268.49(c)(1)(C) SCHWM R.61–79.268.49(c)(2) SCHWM R.61–79.268.49(c)(3) intro SCHWM R.61–79.268.49(c)(3)(A) SCHWM R.61–79.268.49(c)(3)(B) SCHWM R.61–79.268.49(d) SCHWM R.61–79.268.49(e) intro SCHWM R.61–79.268.49(e)(1) SCHWM R.61–79.268.49(e)(2) intro SCHWM R.61–79.268.49(e)(2)(A) SCHWM R.61–79.268.49(e)(2)(B) Land Disposal Restrictions Phase IV—Corrections, 63 FR 28556–28753, May SCHWMA § 44–56–30 Checklist 167 C, RCRA Cluster VIII, HSWA Provision. 26, 1998. SCHWMA § 44–56–130 SCHWM R.61–79.268.4(a)(2)(ii) SCHWM R.61–79.268.4(a)(2)(iii) SCHWM R.61–79.268.4(a)(7) SCHWM R.61–79.268.4(b)(3)/Table SCHWM R.61–79.268.4(b)(4)(iv) SCHWM R.61–79.268.4(b)(4)(v) SCHWM R.61–79.268.4(b)(5) SCHWM R.61–79.268.4(b)(6) SCHWM R.61–79.268.40(e) SCHWM R.61–79.268.40/Table ‘‘Treatment Standard for Hazardous Wastes’’ SCHWM R.61–79.268.42(a) SCHWM R.61–79.268.45(a) intro SCHWM R.61–79.268.45(d)(3) SCHWM R.61–79.268.45(d)(4) SCHWM R.61–79.268.48(a)/Table UTS SCHWM R.61–79.268.45(d)(3) SCHWM R.61–79.268 Appendix VII, Table 1 SCHWM R.61–79.268 Appendix VII, Table 2 SCHWM R.61–79.268 Appendix VIII Mineral Processing Secondary Materials Exclusion, 63 FR 28556–28753, May SCHWMA § 44–56–30 Checklist 167 C, RCRA Cluster VIII, HSWA Provision. 26, 1998. SCHWMA § 44–56–130 SCHWM R.61–79.261.2(c)(3) SCHWM R.61–79.261.2(c)(4)/Table SCHWM R.61–79.261.2(e)(1)(iii) SCHWM R.61–79.261.4(a)(16) intro SCHWM R.61–79.261.4(a)(16)(i) SCHWM R.61–79.261.4(a)(16)(ii) SCHWM R.61–79.261.4(a)(16)(iii) SCHWM R.61–79.261.4(a)(16)(iv) SCHWM R.61–79.261.4(a)(16)(iv)(A) SCHWM R.61–79.261.4(a)(16)(iv)(B) SCHWM R.61–79.261.4(a)(16)(iv)(C) SCHWM R.61–79.261.4(a)(16)(v) SCHWM R.61–79.261.4(a)(16)(vi) Bevill Exclusion Revisions and Clarifications, Checklist 63 FR 28556–28753, May SCHWMA § 44–56–30 167E, RCRA Cluster VIII, HSWA Provision. 26, 1998. SCHWMA § 44–56–130 SCHWM R.61–79.261.3(a)(2)(i) SCHWM R.61–79.261.3(a)(2)(iii) SCHWM R.61–79.261.4(b)(7) intro SCHWM R.61–79.261.4(b)(7)(i) SCHWM R.61–79.261.4(b)(7)(ii) SCHWM R.61–79.261.4(b)(7)(ii)(A)–(T) SCHWM R.61–79.261.4(b)(7)(iii) SCHWM R.61–79.261.4(b)(7)(iii)(A) SCHWM R.61–79.261.4(b)(7)(iii)(B)
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Federal requirements Federal Register Analogous state authority 1
Exclusion of Recycled Wood Preserving Wastewaters, 63 FR 28556–28753, May SCHWMA § 44–56–30 Checklist 167F, RCRA Cluster VIII, HSWA Provision. 26, 1998. SCHWMA § 44–56–130 SCHWM R.61–79.261.4(a)(9)(iii) SCHWM R.61–79.261.4(a)(9)(iii)(A) SCHWM R.61–79.261.4(a)(9)(iii)(B) SCHWM R.61–79.261.4(a)(9)(iii)(C) SCHWM R.61–79.261.4(a)(9)(iii)(D) SCHWM R.61–79.261.4(a)(9)(iii)(E) Hazardous Waste Combustors; Revised Standards, 63 FR 33782–33829, June SCHWMA § 44–56–30 Checklist 168, RCRA Cluster VIII, non-HSWA Provi- 19, 1998. SCHWM R.61–79.261.4(a)(16) sion. SCHWM R.61–79.261.38(a) intro SCHWM R.61–79.261.38(b) intro SCHWM R.61–79.261.38/Table 1 SCHWM R.61–79.261.38(c) intro SCHWM R.61–79.261.38(c)(1) SCHWM R.61–79.261.38(c)(1)(i) intro SCHWM R.61–79.261.38(c)(1)(i)(A) SCHWM R.61–79.261.38(c)(1)(i)(B) Hazardous Waste Combustors; Revised Standards, 63 FR 33782–33829, June SCHWM R.61–79.261.38(c)(1)(i)(C) Checklist 168 cont., RCRA Cluster VIII, non-HSWA 19, 1998. SCHWM R.61–79.261.38(c)(1)(ii) intro Provision. SCHWM R.61–79.261.38(c)(2) intro SCHWM R.61–79.261.38(c)(2)(i) SCHWM R.61–79.261.38(c)(2)(ii) intro SCHWM R.61–79.261.38(c)(2)(ii)(A) SCHWM R.61–79.261.38(c)(2)(ii)(B) SCHWM R.61–79.261.38(c)(2)(iii) SCHWM R.61–79.261.38(c)(3) intro SCHWM R.61–79.261.38(c)(4) intro SCHWM R.61–79.261.38(c)(4)(i) intro SCHWM R.61–79.261.38(c)(4)(ii) SCHWM R.61–79.261.38(c)(5) intro SCHWM R.61–79.261.38(c)(5)(i) intro SCHWM R.61–79.261.38(c)(5)(ii) SCHWM R.61–79.261.38(c)(6) intro SCHWM R.61–79.261.38(c)(7) intro SCHWM R.61–79.261.38(c)(7)(i) intro SCHWM R.61–79.261.38(c)(7)(ii) intro SCHWM R.61–79.261.38(c)(7)(iii) SCHWM R.61–79.261.38(c)(8) intro SCHWM R.61–79.261.38(c)(8)(i) intro SCHWM R.61–79.261.38(c)(8)(ii) SCHWM R.61–79.261.38(c)(8)(iii) intro SCHWM R.61–79.261.38(c)(8)(iii)(A) SCHWM R.61–79.261.38(c)(8)(iii)(B) SCHWM R.61–79.261.38(c)(8)(iv) SCHWM R.61–79.261.38(c)(8)(v) SCHWM R.61–79.261.38(c)(8)(vi) SCHWM R.61–79.261.38(c)(8)(vii) SCHWM R.61–79.261.38(c)(8)(viii) intro SCHWM R.61–79.261.38(c)(8)(viii)(A) SCHWM R.61–79.261.38(c)(8)(viii)(B) SCHWM R.61–79.261.38(c)(8)(ix) SCHWM R.61–79.261.38(c)(9) SCHWM R.61–79.261.38(c)(10) intro SCHWM R.61–79.261.38(c)(10)(i) intro SCHWM R.61–79.261.38(c)(10)(ii) SCHWM R.61–79.261.38(c)(10)(iii) SCHWM R.61–79.261.38(c)(10)(iv) SCHWM R.61–79.261.38(c)(10)(v) SCHWM R.61–79.261.38(c)(10)(vi) SCHWM R.61–79.261.38(c)(10)(vii) SCHWM R.61–79.261.38(c)(10)(viii) intro SCHWM R.61–79.261.38(c)(10)(viii)(A) SCHWM R.61–79.261.38(c)(10)(ix) intro SCHWM R.61–79.261.38(c)(11) SCHWM R.61–79.261.38(c)(12) intro Hazardous Waste Combustors; Revised Standards, 63 FR 33782–22829, June SCHWM R.61–79.261.38(c)(13) Checklist 168 continued. RCRA Cluster VIII, non- 19, 1998. SCHWM R.61–79.270.42(j) intro HSWA Provision. SCHWM R.61–79.270.42(j)(1) SCHWM R.61–79.270.42(j)(2) SCHWM R.61–79.270.42 Appendix I SCHWM R.61–79.270.72(b)(8)
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Petroleum Refining Wastes, Checklist 169, RCRA Clus- 63 FR 42110–42189, Au- SCHWMA § 44–56–30 ter IX, HSWA/non-HSWA Provision. gust 6, 1998 as amended SCHWMA § 44–56–130 at 63 FR 54356–54357, SCHWM R.61–79.261.3(a)(2)(iv)(C) October 9, 1998. SCHWM R.61–79.261.3(c)(2)(ii)(B) SCHWM R.61–79.261.3(c)(2)(ii)(E) SCHWM R.61–79.261.4(a)(12)(i) SCHWM R.61–79.261.4(a)(12)(ii) SCHWM R.61–79.261.4(a)(18 SCHWM R.61–79.261.4(a)(18)(i) SCHWM R.61–79.261.4(a)(18)(ii) SCHWM R.61–79.261.4(a)(19) SCHWM R.61–79.261.6(a)(3)(v)(C) SCHWM R.61–79.261.6(a)(3)(vi) SCHWM R.61–79.261.31(a) SCHWM R.61–79.261.42 SCHWM R.61–79.261 Appendix VII SCHWM R.61–79.266.100(b)(3) SCHWM R.61–79.268.35(a) SCHWM R.61–79.268.35(b) intro SCHWM R.61–79.268.35(b)(1) SCHWM R.61–79.268.35(b)(2) SCHWM R.61–79.268.35(b)(3) SCHWM R.61–79.268.35(b)(4) SCHWM R.61–79.268.35(b)(5) SCHWM R.61–79.268.25(c) SCHWM R.61–79.268.40/Table Land Disposal Restrictions Phase IV—Zinc Micronutrient 63 FR 46332–46334, Au- SCHWMA § 44–56–30 Fertilizers, Amendment, Checklist 170, RCRA Cluster gust 31, 1998. SCHWMA § 44–56–130 IV, HSWA. SCHWM R.61–79.268.40(i) Emergency Revision of the Land Disposal Restrictions 63 FR 47410–47418, Sep- SCHWMA § 44–56–30 (LDR) Treatment Standards for Listed Hazardous tember 4, 1998. SCHWMA § 44–56–130 Waste from Carbamate Production. CHecklist 171, SCHWM R.61–79.268.40(i) RCRA Cluster IX, HSWA. SCHWM R.61–79.268.40/Table SCHWM R.61–79.268.48(a)/Table Land Disposal Restrictions Phase IV—Extension of 63 FR 48124–48127, Sep- SCHWMA § 44–56–30 Compliance Date for Characteristic Slags, Checklist tember 9, 1998. SCHWMA § 44–56–130 172, RCRA Cluster IV, HSWA Provision. SCHWM R.61–79.268.34(b)–(f) Land Disposal Restrictions; Treatment Standards for 63 FR 51254–51267, Sep- SCHWMA § 44–56–30 Spent Potliners from Primary Aluminum Reduction tember 24, 1998. SCHWMA § 44–56–130 (K0888); Final Rule, Checklist 173, RCRA Cluster IX, SCHWM R.61–79.268.40/Table HSWA Provision. Post-Closure Permit Requirement and Closure Process, 63 FR 56710–56735, Octo- SCHWMA § 44–56–30 Checklist 174, RCRA Cluster IX, HSWA/non HSWA ber 22, 1998. SCHWMA § 44–56–40 Provision. SCHWMA § 44–56–50 SCHWMA § 44–56–60 SCHWMA § 44–56–130 SCHWM R.61–79.264.90(e) SCHWM R.61–79.264.90(f) intro SCHWM R.61–79.264.90(f) SCHWM R.61–79.264.90(f)(1) SCHWM R.61–79.264.90(f)(2) SCHWM R.61–79.264.110(c) SCHWM R.61–79.264.110(c)(1) SCHWM R.61–79.264.110(c)(2) SCHWM R.61–79.264.112(b)(8) SCHWM R.61–79.264.112(c)(2)(iv) SCHWM R.61–79.264.118(b)(4) SCHWM R.61–79.264.118(d)(2)(iv) SCHWM R.61–79.264.140(d) SCHWM R.61–79.264.140(d)(1) SCHWM R.61–79.264.140(d)(2) Post-Closure Permit Requirement and Closure Process, 63 FR 56710–56735, Octo- SCHWM R.61–79.264.90(f) Checklist 174 cont., RCRA Cluster IX, HSWA/non ber 22, 1998. SCHWM R.61–79.264.90(f)(1) HSWA Provision. SCHWM R.61–79.264.90(f)(2) SCHWM R.61–79.264.110(c) SCHWM R.61–79.264.112(b)(8) SCHWM R.61–79.264.112(c)(1)(iv) SCHWM R.61–79.264.118(c)(4) SCHWM R.61–79.264.118(c)(5) SCHWM R.61–79.264.118(d)(1)(iii) SCHWM R.61–79.265.140(d)(2) SCHWM R.61–79.270.14(a) SCHWM R.61–79.264.28(a)
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HWIR-Media, Checklist 175, RCRA Cluster IX, HSWA/ 63 FR 65874–65947, No- SCHWMA § 44–56–30 non HSWA Provision. vember 30, 1998. SCHWMA § 44–56–60 SCHWM 61–79.260.10 ‘‘CAMU’’ SCHWM R.61–79.260.10 ‘‘facility’’ SCHWM R.61–79.260.10 ‘‘miscellaneous unit’’ SCHWM R.61–79.260.10 ‘‘remediation waste’’ SCHWM R.61–79.260.10 ‘‘remediation waste manage- ment site’’ SCHWM R.61–79.260.10 ‘‘staging pile’’ SCHWM R.61–79.261.4(g) intro SCHWM R.61–79.261.4(g)(1) SCHWM R.61–79.261.4(g)(2) intro SCHWM R.61–79.261.4(g)(2)(i) SCHWM R.61–79.261.4(g)(2)(ii) SCHWM R.61–79.261.4(g)(2)(iii) SCHWM R.61–79.264.1(j) intro SCHWM R.61–79.264.1(j)(1) SCHWM R.61–79.264.1(j)(2) SCHWM R.61–79.264.1(j)(3) intro SCHWM R.61–79.264.1(j)(3)(i) SCHWM R.61–79.264.1(j)(3)(ii) SCHWM R.61–79.264.1(j)(4) SCHWM R.61–79.264.1(j)(5) SCHWM R.61–79.264.1(j)(6) SCHWM R.61–79.264.1(j)(7) SCHWM R.61–79.264.1(j)(8) SCHWM R.61–79.264.1(j)(9) SCHWM R.61–79.264.1(j)(10) SCHWM R.61–79.264.1(j)(11) SCHWM R.61–79.264.1(j)(12) SCHWM R.61–79.264.1(j)(13) SCHWM R.61–79.264.73(b)(17) SCHWM R.61–79.264.101(d) SCHWM R.61–79.264.552(a) intro SCHWM R.61–79.264.552(a)(1) SCHWM R.61–79.264.552(a)(2) SCHWM R.61–79.264.553(a) SCHWM R.61–79.264.554 intro SCHWM R.61–79.264.554(a) SCHWM R.61–79.264.554(b) SCHWM R.61–79.264.554(c) intro SCHWM R.61–79.264.554(c)(1) SCHWM R.61–79.264.554(c)(2) SCHWM R.61–79.264.554(c)(3) SCHWM R.61–79.264.55(d) intro SCHWM R.61–79.264.554(d)(1) intro HWIR-Media, Checklist 175 cont., RCRA Cluster IX, 63 FR 65874–65947, No- SCHWM R.61–79.264.554(d)(1)(i) HSWA/non HSWA Provision. vember 30, 1998. SCHWM R.61–79.264.554(d)(1)(ii) SCHWM R.61–79.264.554(d)(1)(iii) SCHWM R.61–79.264.554(d)(2) SCHWM R.61–79.264.554(d)(2)(ii) SCHWM R.61–79.264.554(d)(2)(iii) SCHWM R.61–79.264.554(d)(2)(iv) SCHWM R.61–79.264.554(d)(2)(v) SCHWM R.61–79.264.554(d)(2)(vi) SCHWM R.61–79.264.554(e) intro SCHWM R.61–79.264.554(e)(1) SCHWM R.61–79.264.554(e)(1)(i) SCHWM R.61–79.264.554(e)(1)(ii) SCHWM R.61–79.264.554(e)(2) SCHWM R.61–79.264.554(f) intro SCHWM R.61–79.264.554(f)(1) SCHWM R.61–79.264.554(f)(2) SCHWM R.61–79.264.554(f)(3) SCHWM R.61–79.264.554(g) SCHWM R.61–79.264.554(h) SCHWM R.61–79.264.554(i) intro SCHWM R.61–79.264.554(i)(1) SCHWM R.61–79.264.554(i)(1)(i) SCHWM R.61–79.264.554(i)(1)(ii) SCHWM R.61–79.264.554(i)(2) SCHWM R.61–79.264.554(j) intro SCHWM R.61–79.264.554(j)(1) SCHWM R.61–79.264.554(j)(1)(i)
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SCHWM R.61–79.264.554(j)(1)(ii) SCHWM R.61–79.264.554(j)(1)(iii) SCHWM R.61–79.264.554(j)(2) SCHWM R.61–79.264.554(j)(3) SCHWM R.61–79.264.554(k) intro SCHWM R.61–79.264.554(k)(1) SCHWM R.61–79.264.554(k)(2) SCHWM R.61–79.264.554(l) intro SCHWM R.61–79.264.554(l)(1) SCHWM R.61–79.264.554(l)(1)(i) SCHWM R.61–79.264.554(l)(1)(ii) SCHWM R.61–79.264.554(l)(2) SCHWM R.61–79.264.554(l)(3) SCHWM R.61–79.264.554(l)(4) SCHWM R.61–79.264.554(m) SCHWM R.61–79.265.1(b) SCHWM R.61–79.268.2(c) SCHWM R.61–79.268.50(g) SCHWM R.61–79.270.2 SCHWM R.61–79.270.11(d)(1) SCHWM R.61–79.270.11(d)(2) SCHWM R.61–79.270.42 Appendix 1 HWIR-Media, Checklist 175 cont., RCRA Cluster IX, 63 FR 65874–65947, No- SCHWM R.61–79.270.80(b) HSWA/non HSWA Provision. vember 30, 1998. SCHWM R.61–79.270.80(c) SCHWM R.61–79.270.80(d) intro SCHWM R.61–79.270.80(d)(1) SCHWM R.61–79.270.80(d)(2) SCHWM R.61–79.270.80(e) SCHWM R.61–79.270.80(f) SCHWM R.61–79.270.85(a) intro SCHWM R.61–79.270.85(a)(1) SCHWM R.61–79.270.85(a)(2) SCHWM R.61–79.270.85(b) SCHWM R.61–79.270.85(c) SCHWM R.61–79.270.90 SCHWM R.61–79.270.95 SCHWM R.61–79.270.100 SCHWM R.61–79.270.105 SCHWM R.61–79.270.110intro SCHWM R.61–79.270.110(a) SCHWM R.61–79.270.110(b) SCHWM R.61–79.270.110(c) SCHWM R.61–79.270.110(d) SCHWM R.61–79.270.110(e) intro SCHWM R.61–79.270.110(e)(1) SCHWM R.61–79.270.110(e)(2) SCHWM R.61–79.270.110(e)(3) SCHWM R.61–79.270.110(f) intro SCHWM R.61–79.270.110(f)(1) SCHWM R.61–79.270.110(f)(2) SCHWM R.61–79.270.110(f)(3) SCHWM R.61–79.270.110(g) SCHWM R.61–79.270.110(h) SCHWM R.61–79.270.110(i) SCHWM R.61–79.270.115 SCHWM R.61–79.270.120 SCHWM R.61–79.270.125 SCHWM R.61–79.270.130(a) SCHWM R.61–79.270.130(b) SCHWM R.61–79.270.135intro SCHWM R.61–79.270.135(a) SCHWM R.61–79.270.135(b) intro SCHWM R.61–79.270.135(b)(1) SCHWM R.61–79.270.135(b)(2) SCHWM R.61–79.270.135(b)(3) SCHWM R.61–79.270.135(b)(4) SCHWM R.61–79.270.135(c) SCHWM R.61–79.270.140 intro SCHWM R.61–79.270.140(a) SCHWM R.61–79.270.140(b) intro SCHWM R.61–79.270.140(b)(4)
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HWIR-Media, Checklist 175 cont., RCRA Cluster IX, 63 FR 65874–65947, No- SCHWM R.61–79.270.140(b)(1) HSWA/non HSWA Provision. vember 30, 1998. SCHWM R.61–79.270.140(b)(2) SCHWM R.61–79.270.140(b)(3) SCHWM R.61–79.270.140(c) SCHWM R.61–79.270.145(a) intro SCHWM R.61–79.270.145(a)(1) SCHWM R.61–79.270.145(a)(2) SCHWM R.61–79.270.145(a)(3) SCHWM R.61–79.270.145(a)(4) SCHWM R.61–79.270.145(b) SCHWM R.61–79.270.145(c) intro SCHWM R.61–79.270.145(c)(1) SCHWM R.61–79.270.145(c)(2) SCHWM R.61–79.270.145(c)(3) SCHWM R.61–79.270.145(c)(4) SCHWM R.61–79.270.145(c)(5) SCHWM R.61–79.270.145(c)(6) SCHWM R.61–79.270.145(c)(7) SCHWM R.61–79.270.145(c)(8) SCHWM R.61–79.270.145(c)(9) SCHWM R.61–79.270.145(d) intro SCHWM R.61–79.270.145(d)(1) SCHWM R.61–79.270.145(d)(2) SCHWM R.61–79.270.145(d)(3) SCHWM R.61–79.270.150(a) SCHWM R.61–79.270.150(b) SCHWM R.61–79.270.150(c) SCHWM R.61–79.270.150(d) SCHWM R.61–79.270.150(e) SCHWM R.61–79.270.150(f) SCHWM R.61–79.270.150(f)(1) SCHWM R.61–79.270.150(f)(2) SCHWM R.61–79.270.150(f)(3) SCHWM R.61–79.270.150(f)(4) SCHWM R.61–79.270.150(f)(5) SCHWM R.61–79.270.150(f)(6) SCHWM R.61–79.270.150(f)(7) SCHWM R.61–79.270.150(g) SCHWM R.61–79.270.155(a) SCHWM R.61–79.270.155(a)(1) SCHWM R.61–79.270.155(a)(2) SCHWM R.61–79.270.155(a)(3) SCHWM R.61–79.270.155(b) SCHWM R.61–79.270.160 SCHWM R.61–79.270.160(a) SCHWM R.61–79.270.160(b) SCHWM R.61–79.270.160(c) HWIR-Media, Checklist 75 cont., RCRA Cluster IX, 63 FR 65874–65947, No- SCHWM R.61–79.270.165 HSWA/non HSWA Provision. vember 30, 1998. SCHWM R.61–79.270.170 SCHWM R.61–79.270.175(a) intro SCHWM R.61–79.270.175(a)(1) SCHWM R.61–79.270.175(a)(1) SCHWM R.61–79.270.175(a)(2) SCHWM R.61–79.270.175(a)(3) SCHWM R.61–79.270.175(a)(4) SCHWM R.61–79.270.175(a)(5) SCHWM R.61–79.270.175(a)(6) SCHWM R.61–79.270.175(a)(7) SCHWM R.61–79.270.175(a)(8) SCHWM R.61–79.270.175(b) SCHWM R.61–79.270.175(c) SCHWM R.61–79.270.180(a) SCHWM R.61–79.270.180(b) SCHWM R.61–79.270.185 SCHWM R.61–79.270.190(a) SCHWM R.61–79.270.195 SCHWM R.61–79.270.200 SCHWM R.61–79.270.205 SCHWM R.61–79.270.210 intro SCHWM R.61–79.270.210(a) SCHWM R.61–79.270.210(b) SCHWM R.61–79.270.215(a) SCHWM R.61–79.270.215(b) SCHWM R.61–79.270.215(c)
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SCHWM R.61–79.270.215(d) SCHWM R.61–79.270.220(a) SCHWM R.61–79.270.220(b) SCHWM R.61–79.270.225 SCHWM R.61–79.270.230(a) SCHWM R.61–79.270.230(b) SCHWM R.61–79.270.230(c) SCHWM R.61–79.270.230(d) intro SCHWM R.61–79.270.230(d)(1) SCHWM R.61–79.270.230(d)(2) SCHWM R.61–79.270.230(d)(3) SCHWM R.61–79.270.230(d)(4) SCHWM R.61–79.270.230(e) SCHWM R.61–79.270.230(e)(1) SCHWM R.61–79.270.230(e)(2) Organic Air Emissions Standards: Clarification and 64 FR 3382, January 21, SCHWMA § 44–56–30 Technical, Amendments, Checklist 177, RCRA Cluster 1999. SCHWMA § 44–56–130 IX, HSWA Provision. SCHWMA R.61–79.262.34(a)(1)(i) SCHWM R.61–79.262.34(a)(1)(ii) SCHWM R.61–79.264.1031 SCHWM R.61–79.264.1080(b)(5) SCHWM R.61–79.264.1083(a)(1)(i) Organic Air Emissions Standards: Clarificaiton and 64 FR 3382, January 21, SCHWM R.61–79.264.1083(a)(1)(ii) Technical Amendments, Checklist 177 cont., RCRA 1999. SCHWM R.61–79.264.1083(b)(1)(i) Cluster, IX, HSWA Provision. SCHWM R.61–79.264.1083(b)(1)(ii) SCHWM R.61–79.264.1084(h)(3) intro SCHWM R.61–79.264.1084(h)(3)(i) SCHWM R.61–79.264.1084(h)(3)(ii) SCHWM R.61–79.264.1086(e)(6) SCHWM R.61–79.265.1080(b)(5) SCHWM R.61–79.265.1084(a)(1)(i) SCHWM R.61–79.265.1084(a)(1)(ii) SCHWM R.61–79.265.1084(a)(3)(ii)(B) SCHWM R.61–79.265.1084(a)(3)(ii)(D) SCHWM R.61–79.265.1084(a)(3)(iii) SCHWM R.61–79.265.1084(b)(1)(i) SCHWM R.61–79.265.1084(b)(1)(ii) SCHWM R.61–79.265.1084(b)(3)(ii)(B) SCHWM R.61–79.265.1084(b)(3)(ii)(D) SCHWM R.61–79.265.1084(b)(3)(iii) SCHWM R.61–79.265.1085(h)(3) SCHWM R.61–79.265.1085(h)(3)(i) SCHWM R.61–79.265.1085(h)(3)(ii) SCHWM R.61–79.265.1087(e)(6) Petroleum Refining Process Wastes Leachate Exemp- 64 FR 6806, February 11, SCHWMA § 44–56–30 tion, Checklist 178, RCRA Cluster IX, HSWA Provi- 1999. SCHWM R.61–79.261.4(b)(15) intro sion. SCHWM R.61–79.261.4(b)(15)(i) SCHWM R.61–79.261.4(b)(15)(ii) SCHWM R.61–79.261.4(b)(15)(iii) SCHWM R.61–79.261.4(b)(15)(iv) SCHWM R.61–79.261.4(b)(15)(v) Land Disposal Restrictions Phase IV—Technical Correc- 64 FR 25408–25417, May SCHWMA § 44–45–30 tions and Clarifications to Treatment Standards, 11, 1999. SCHWMA § 44–56–130 Checklist 179, RCRA Cluster IX, HSWA/non-HSWA SCHWM R.61–79.261.2(c)(3) Provision. SCHWM R.61–79.261.2(c)(4)/Table SCHWM R.61–79.261.2(e)(1)(iii) SCHWM R.61–79.261.4(a)(16) SCHWM R.61–79.261.4(a)(17) intro SCHWM R.61–79.261.4(b)(7)(iii) SCHWM R.61–79.261.4(b)(7)(iii)(A) SCHWM R.61–79.262.34(d)(4) SCHWM R.61–79.268.2(h) SCHWM R.61–79.268.2(k) SCHWM R.61–79.268.7(a)(4)/Table SCHWM R.61–79.268.7(b)(3)(ii)/Table SCHWM R.61–79.268.7(b)(4)(iv) SCHWM R.61–79.268.9(d)(2) intro SCHWM R.61–79.268.9(d)(2)(i) SCHWM R.61–79.268.40(i) first
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Land Disposal Restrictions Phase IV—Technical Correc- 64 FR 25408–25417, May SCHWM R.61–79.268.40(i) second tions and Clarifications to Treatment Standards, 11, 1999. SCHWM R.61–79.268.40(j) Checklist 179 cont., RCRA Cluster IX, HSWA/non- SCHWM R.61–79.268.40/Table HSWA Provision. SCHWM R.61–79.268.48(a)/Table SCHWM R.61–79.268.49(c)(3) intro SCHWM R.61–79.268.49(c)(3)(A) SCHWM R.61–79.268.49(c)(3)(B) Test Procedures for the Analysis of Oil and Grease and 64 FR 26315–26327, May SCHWMA § 44–56–30 Non-Polar Material, Checklist 180, RCRA Cluster IX, 14, 1999. SCHWMA § 44–56–40 non-HSWA Provision. SCHWMA § 44–56–50 SCHWMA § 44–56–130 SCHWM R.61–79.260.11(a)(11) SCHWM R.61–79.260.11(a)(16) Universal Waste Rule: Specific Provisions for Hazardous 64 FR 36466–36490, July SCHWMA § 44–56–30 Waste Lamps, Checklist 181, RCRA Cluster X, non- 6, 1999. SCHWM R.61–79.260.10 HSWA Provision. SCHWM R.61–79.261.9(b) SCHWM R.61–79.261.9(c) SCHWM R.61–79.261.9(d) SCHWM R.61–79.264.1(g)(11)(ii) SCHWM R.61–79.264.1(g)(11)(iii) SCHWM R.61–79.264.1(g)(11)(iv) SCHWM R.61–79.265.1(c)(14)(ii) SCHWM R.61–79.265.1(c)(14)(iii) SCHWM R.61–79.265.1(c)(14)(iv) SCHWM R.61–79.268.1(f)(2) SCHWM R.61–79.268.1(f)(3) SCHWM R.61–79.268.1(f)(4) SCHWM R.61–79.270.1(c)(2)(viii)(B) SCHWM R.61–79.270.1(c)(2)(viii)(C) SCHWM R.61–79.270.1(c)(2)(viii)(D) SCHWM R.61–79.273.1(a)(2) SCHWM R.61–79.273.1(a)(3) SCHWM R.61–79.273.1(a)(4) SCHWM R.61–79.273.2(a)(1) SCHWM R.61–79.273.2(b)(2) SCHWM R.61–79.273.2(b)(3) SCHWM R.61–79.273.3(a) SCHWM R.61–79.273.4(a) SCHWM R.61–79.273.5(a) SCHWM R.61–79.273.5(b) SCHWM R.61–79.273.5(c) SCHWM R.61–79.273.6 SCHWM R.61–79.273.7 SCHWM R.61–79.273.8(a) Universal Waste Rule: Specific Provisions for Hazardous 64 FR 36466–36490, July SCHWM R.61–79.273.8(a)(1) Waste Lamps, Checklist 181, RCRA Cluster IX, non- 6, 1999. SCHWM R.61–79.273.8(a)(2) HSWA Provision. SCHWM R.61–79.273.8(b) SCHWM R.61–79.273.9 SCHWM R.61–79.273.10 SCHWM R.61–79.273.13(d) SCHWM R.61–79.273.13(d)(1) SCHWM R.61–79.273.13(d)(2) SCHWM R.61–79.273.14(e) SCHWM R.61–79.273.30 SCHWM R.61–79.273.32(b)(4) SCHWM R.61–79.273.32(b)(5) SCHWM R.61–79.273.32(d) SCHWM R.61–79.273.33(d)(1) SCHWM R.61–79.273.33(d)(2) SCHWM R.61–79.273.34(e) SCHWM R.61–79.273.50 SCHWM R.61–79.273.60(a) SCHWM R.61–79.273.81(a) Land Disposal Restrictions Phase IV—Technical Correc- 64 FR 56469–56472, Octo- SCHWMA § 44–56–30 tions, Checklist 183, RCRA Cluster X, non-HSWA ber 20, 1999. SCHWM R.61–79.261.32 Provision. SCHWM R.61–79.262.34(a)(4) SCHWM R.61–79.268.32(a)(3)(iii) SCHWM R.61–79.268.40(j) SCHWM R.61–79.268.40/Table SCHWM R.61–79.268.49(c)(1)(A) SCHWM R.61–79.268.49(c)(1)(B)
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Federal requirements Federal Register Analogous state authority 1
Accumulation Time for Waste Water Treatment Sludges, 64 FR 12378–12398, SCHWMA § 44–56–30 Checklist 184, RCRA Cluster X, non-HSWA Provision. March 8, 2000. SCHWMA § 44–56–50 SCHWM R.61–79.262.34(a)(4) SCHWM R.61–79.262.34(g) intro SCHWM R.61–79.262.34(g)(1) SCHWM R.61–79.262.34(g)(2) SCHWM R.61–79.262.34(g)(3) SCHWM R.61–79.262.34(g)(4) intro SCHWM R.61–79.262.34(g)(4)(i) intro SCHWM R.61–79.262.34(g)(4)(i)(A) SCHWM R.61–79.262.34(g)(4)(i)(B) SCHWM R.61–79.262.34(g)(4)(i)(C) intro SCHWM R.61–79.262.34(g)(4)(i)(C)(1) & (2) SCHWM R.61–79.262.34(g)(4)(ii) SCHWM R.61–79.262.34(g)(4)(iv) SCHWM R.61–79.262.34(g)(4)(v) SCHWM R.61–79.262.34(h) SCHWM R.61–79.262.34(i) Organobromide Production Wastes Vacatur, Checklist 64 FR 14472–14475, SCHWMA § 44–56–30 185, RCRA Cluster X, HSWA Provision. March 17, 2000. SCHWM R.61–79.261.32/Table SCHWM R.61–79.261.33(f)/Table SCHWM R.61–79.261 Appendix VII SCHWM R.61–79.261 Appendix VIII SCHWM R.61–79.268.33 SCHWM R.61–79.268.40/Table SCHWM R.61–79.268.48(a)/Table Petroleum Refining Process Wastes Clarification, Check- 64 FR 36365–36367, June SCHWMA § 44–56–30 list 187, RCRA Cluster X, HSWA Provision. 8, 2000. SCHWM R.61–79.261.31(a)/table SCHWM R.61–79.268 Appendix VII 1 The South Carolina provisions are from the South Carolina Hazardous Waste Management Regulations, August 20, 2000 (RCRA 8 and 9) and October 26, 2001 (RCRA 10), unless otherwise stated.
H. Where Are the Revised State Rules K. What is Codification and is EPA unfunded mandate or significantly or Different From the Federal Rules? Codifying South Carolina’s Hazardous uniquely affect small governments, as Waste Program as Authorized in This described in the Unfunded Mandates There are no State requirements that Rule? Reform Act of 1995 (Pub. L. 104–4). For are more stringent or broader in scope the same reason, this action also does than the Federal requirements. Codification is the process of placing the State’s statutes and regulations that not significantly or uniquely affect the I. Who Handles Permits After the comprise the State’s authorized communities of Tribal governments, as Authorization Takes Effect? hazardous waste program into the Code specified by Executive Order 13175 (65 of Federal Regulations. We do this by FR 67249, November 6, 2000). This South Carolina will issue permits for referencing the authorized State rules in action will not have substantial direct all the provisions for which it is 40 CFR part 272. We reserve the effects on the States, on the relationship authorized and will administer the amendment of 40 CFR part 272, subpart between the national government and permits it issues. EPA will continue to PP for this authorization of South the States, or on the distribution of administer any RCRA hazardous waste Carolina’s program changes until a later power and responsibilities among the permits or portions of permits which we date. issued prior to the effective date of this various levels of government, as authorization. We will not issue any L. Administrative Requirements specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it more new permits or new portions of The Office of Management and Budget merely authorizes State requirements as permits for the provisions listed in the has exempted this action from the part of the State RCRA hazardous waste Table above after the effective date of requirements of Executive Order 12866 program without altering the this authorization. EPA will continue to (58 FR 51735, October 4, 1993), and implement and issue permits for HSWA therefore this action is not subject to relationship or the distribution of power requirements for which South Carolina review by OMB. This action authorizes and responsibilities established by is not yet authorized. State requirements for the purpose of RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, J. How Does Today’s Action Affect RCRA 3006 and imposes no additional requirements beyond those imposed by April 23, 1997), because it is not Indian Country (18 U.S.C. 115) in South economically significant and it does not Carolina? State law. Accordingly, I certify that this action will not have a significant make decisions based on environmental South Carolina is not authorized to economic impact on a substantial health or safety risks. This rule is not carry out its hazardous waste program number of small entities under the subject to Executive Order 13211, in Indian country within the State, Regulatory Flexibility Act (5 U.S.C. 601 ‘‘Actions Concerning Regulations That which includes the Catawba Indian et seq.). Because this action authorizes Significantly Affect Energy Supply, Nation. Therefore, this action has no pre-existing requirements under State Distribution, or Use’’ (66 FR 28355 (May effect on Indian country. EPA will law and does not impose any additional 22, 2001)) because it is not a significant continue to implement and administer enforceable duty beyond that required regulatory action under Executive Order the RCRA program in these lands. by State law, it does not contain any 12866.
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Under RCRA 3006(b), EPA grants a 7004(b) of the Solid Waste Disposal Act as PART 76—MULTICHANNEL VIDEO State’s application for authorization as amended 42 U.S.C. 6912(a), 6926, 6974(b). AND CABLE TELEVISION SERVICE. long as the State meets the criteria Dated: August 18, 2003. ■ required by RCRA. It would thus be A. Stanley Meiburg, 1. The authority citation for Part 76 inconsistent with applicable law for Acting Regional Administrator, Region 4. continues to read as follows: EPA, when it reviews a State [FR Doc. 03–22312 Filed 8–29–03; 8:45 am] Authority: 47 U.S.C. 151, 152, 153, 154, authorization application, to require the 301, 302, 303, 303a, 307, 308, 309, 312, 315, BILLING CODE 6560–50–P use of any particular voluntary 317, 325, 338, 339, 503, 521, 522, 531, 532, consensus standard in place of another 533, 534, 535, 536, 537, 543, 544, 544a, 545, standard that otherwise satisfies the 548, 549, 552, 554, 556, 558, 560, 561, 571, requirements of RCRA. Thus, the FEDERAL COMMUNICATIONS 572, 573. requirements of section 12(d) of the COMMISSION ■ 2. In § 76.65, revise paragraph (c) to read as follows: National Technology Transfer and 47 CFR Part 76 Advancement Act of 1995 (15 U.S.C. [CS Docket No. 99–363; FCC 00–99] § 76.65 Good faith and exclusive 272) do not apply. As required by retransmission consent complaints. section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing Implementation of the Satellite Home * * * * * this rule, EPA has taken the necessary Viewer Improvement Act of 1999, (c) Any multichannel video steps to eliminate drafting errors and Retransmission Consent Issues: Good programming distributor aggrieved by ambiguity, minimize potential litigation, Faith Negotiation and Exclusivity conduct that it believes constitutes a and provide a clear legal standard for violation of the regulations set forth in AGENCY: Federal Communications this section or § 76.64(l) may commence affected conduct. EPA has complied Commission. with Executive Order 12630 (53 F.R. an adjudicatory proceeding at the ACTION: Correcting amendments. 8859, March 15, 1988) by examining the Commission to obtain enforcement of takings implications of the rule in the rules through the filing of a SUMMARY: This document makes a minor complaint. The complaint shall be filed accordance with the ‘‘Attorney correction to Part 76 of the General’s Supplemental Guidelines for and responded to in accordance with Commission’s rules pertaining to the procedures specified in § 76.7. the Evaluation of Risk and Avoidance of retransmission consent issues which Unanticipated Takings’’ issued under were published in the Federal Register * * * * * the executive order. This rule does not at 65 FR 15559, March 23, 2000 [FR Doc. 03–22201 Filed 8–29–03; 8:45 am] impose an information collection regarding carriage of television BILLING CODE 6712–01–P burden under the provisions of the broadcast signals by multichannel video Paperwork Reduction Act of 1995 (44 programming distributors (‘‘MVPDs’’). U.S.C. 3501 et seq.). DATES: Effective September 2, 2003. The Congressional Review Act, 5 GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: U.S.C. 801 et seq., as added by the Small ADMINISTRATION Kenneth Lewis, Media Bureau, (202) Business Regulatory Enforcement 48 CFR Parts 538 and 552 Fairness Act of 1996, generally provides 418–2622. SUPPLEMENTARY INFORMATION: that before a rule may take effect, the The First [GSAR Case No. 2002–G506; GSAR Change agency promulgating the rule must Report and Order, FCC 00–99, adopted 6] submit a rule report, which includes a March 14, 2000; released March 16, copy of the rule, to each House of the 2000, approved a final rule governing RIN 3090–AH25 Congress and to the Comptroller General the negotiation of agreements for the of the United States. EPA will submit a retransmission of television broadcast General Services Administration report containing this document and stations by MVPDs, established Acquisition Regulation; Identification other required information to the U.S. standards for implementing a good faith of Products That Have Environmental Senate, the U.S. House of negotiation requirement of broadcasters Attributes to MVPDs, and provided clarification Representatives, and the Comptroller AGENCIES: General Services regarding the prohibition against General of the United States prior to Administration (GSA), Office of exclusive retransmission consent publication in the Federal Register. A Acquisition Policy. major rule cannot take effect until 60 contracts. In this document we make a ACTION: Final rule. days after it is published in the Federal non-substantive rule change to correct Register. This action is not a ‘‘major an error in the publication of § 76.65 of SUMMARY: The General Services rule’’ as defined by 5 U.S.C. 804(2). This the Commission’s rules. Administration (GSA) is amending the action will be effective November 3, Need for Correction General Services Administration 2003. Acquisition Regulation (GSAR) by As published, the final regulations revising the clause concerning List of Subjects in 40 CFR Part 271 contain an error which may prove to be identification of energy-efficient office misleading and needs to be clarified. Environmental protection, equipment and supplies containing Administrative practice and procedure, List of Subjects in 47 CFR Part 76 recovered materials or other Confidential business information, Cable television. environmental attributes for consistency Hazardous waste, Hazardous waste with the Federal Acquisition Regulation transportation, Indian lands, Federal Communications Commission. (FAR) and issuance of Executive Order Intergovernmental relations, Penalties, Marlene H. Dortch, 13101, Greening the Government Reporting and recordkeeping Secretary. Through Waste Prevention, Recycling, requirements. Accordingly, 47 CFR Part 76 is and Federal Acquisition, and Executive Authority: This action is issued under the corrected by making the following Order 13123, Greening the Government authority of sections 2002(a), 3006 and correcting amendments: Through Efficient Energy Management.
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DATES: Effective Date: September 2, within the meaning of the Regulatory 552.212–72 Contract terms and conditions 2003. Flexibility Act, 5 U.S.C. 601, et seq. required to implement statutes or Executive These environmental attributes are Orders applicable to GSA acquisition of FOR FURTHER INFORMATION CONTACT: Ms. commercial items. salient characteristics of the products Laurie Duarte, Regulatory Secretariat, * * * * * Room 4035, GS Building, Washington, offered and, therefore, are well known DC 20405, (202) 501–4225, for to vendors who market to Government Contract Terms and Conditions Required to information pertaining to status or customers required or encouraged to Implement Statutes or Executive Orders publication schedules. For clarification purchase products with specific Applicable to GSA Acquisition of Commercial Items (Sept 2003) of content, contact Ms. Laura Auletta, environmental attributes. Therefore, the GSA Acquisition Policy Division, at identification of such attributes in the * * * * * (202) 208–7279. Please cite GSAR case offer and other marketing materials such (b) * * * 2002–G506. as brochures, catalogs, websites, and ll552.238–72 Identification of Products that have Environmental Attributes SUPPLEMENTARY INFORMATION: GSA Advantage! does not constitute a significant economic impact. ■ 4. Revise section 552.238–72 to read as A. Background follows: D. Paperwork Reduction Act GSAR 538.273(a)(3) is revised to 552.238–72 Identification of products that reflect the new clause title for GSAR The revised clause at 552.238–72, have environmental attributes. clause 552.238–72, ‘‘Identification of Identification of Products that have As prescribed in 538.273(a)(3), insert Products that have Environmental Environmental Attributes, contains an the following clause: Attributes.’’ The clause has been revised information collection requirement to update environmental definitions and Identification of Products That Have subject to the Paperwork Reduction Act Environmental Attributes (Sept. 2003) to reflect language consistent with the (44 U.S.C. 3501, et seq.). However, the FAR and with Executive Orders 13101 (a) Several laws, Executive orders, and revisions to the clause made by this rule Agency directives require Federal buyers to and 13123. GSA published a proposed do not affect the information collection purchase products that are less harmful to rule, Identification of Energy-Efficient requirement approved previously by the the environment, when they are life cycle Office Equipment and Supplies Office of Management and Budget cost-effective (see FAR Subpart 23.7). The Containing Recovered Materials or (OMB) and assigned OMB Control U.S. General Services Administration (GSA) requires contractors to highlight Other Environmental Attributes, in the Number 3090–0262. Federal Register at 65 FR 44508, July environmental products under Federal 18, 2000. One respondent submitted List of Subjects in 48 CFR Parts 538 and Supply Service schedule contracts in various comments in response to the proposed 552 communications media (e.g., publications and electronic formats). rule. GSA considered the comments in Government procurement. (b) Definitions. As used in this clause— developing the final rule by revising the Energy-efficient product means a product clause 552.238–72 to make editorial Dated: August 26, 2003. that— changes for consistency and David A. Drabkin, (1) Meets Department of Energy and clarification with respect to the Environmental Protection Agency criteria for Deputy Associate Administrator, Office of use of the ENERGY STAR trademark label; definition of ‘‘energy-efficient product.’’ Acquisition Policy. The clause was also revised to clarify or ■ (2) Is in the upper 25 percent of efficiency the requirement to identify products Therefore, GSA amends 48 CFR parts for all similar products as designated by the designated by the Environmental 538 and 552 as set forth below: Department of Energy’s Federal Energy Protection Agency (EPA) in their ■ 1. The authority citation for 48 CFR Management Program. Comprehensive Procurement Guidelines parts 538 and 552 continues to read as GSA Advantage! is an on-line shopping mall and ordering system that provides (CPGs) that meet EPA purchasing follows: recommendations for recovered and customers with access to products and post-consumer material content. These Authority: 40 U.S.C. 121(c). services under GSA contracts. Other environmental attributes refers to specifically designated products should product characteristics that provide be identified separate from the umbrella PART 538—FEDERAL SUPPLY SCHEDULE CONTRACTING environmental benefits, excluding recovered category of products containing materials and energy and water efficiency. recovered materials. The rule includes Several examples of these characteristics are information on attaching icons to ■ 2. Amend section 538.273 by revising biodegradable, recyclable, reduced product offerings in GSA Advantage! to paragraph (a)(3) to read as follows: pollutants, ozone safe, and low volatile indicate specific environmental organic compounds (VOCs). 538.273 Contract clauses. attributes. Post-consumer material means a material or finished product that has served its (a) * * * B. Executive Order 12866 intended use and has been discarded for (3) 552.238–72, Identification of disposal or recovery, having completed its This is not a significant regulatory Products that have Environmental life as a consumer item. Post-consumer action and, therefore, was not subject to Attributes. material is part of the broader category of review under Section 6(b) of Executive ‘‘recovered material.’’ The Environmental Order 12866, Regulatory Planning and * * * * * Protection Agency (EPA) has developed a list Review, dated September 30, 1993. This of EPA-designated products in their rule is not a major rule under 5 U.S.C. PART 552—SOLICITATION Comprehensive Procurement Guidelines 804. PROVISIONS AND CONTRACT (CPGs) to provide Federal agencies with CLAUSES purchasing recommendations on specific C. Regulatory Flexibility Act products in a Recovered Materials Advisory ■ Notice (RMAN). The RMAN contains The General Services Administration 3. Amend section 552.212–72 by recommended recovered and post-consumer certifies that this final rule will not have revising the date of the clause; and in material content levels for the specific a significant economic impact on a paragraph (b) by revising entry 552.238– products designated by EPA (40 CFR part 247 substantial number of small entities 72 to read as follows: and http://www.epa.gov/cpg/).
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Recovered materials means waste materials study, or other evidence to be ‘‘competent 21, 2000 (65 FR 24593), entitled and by-products recovered or diverted from and reliable,’’ it must have been conducted Greening the Government Through solid waste, but the term does not include and evaluated in an objective manner by Federal Fleet and Transportation those materials and by-products generated persons qualified to do so, using procedures Efficiency. from, and commonly reused within, an generally accepted in the profession to yield The purpose of the Executive Order is original manufacturing process (Executive accurate and reliable results. to ensure that the Federal Government Order 13101 and 42 U.S.C. 6903(19) and (End of clause) http://www.epa.gov/cpg/). For paper and exercises leadership in the reduction of paper products, see the definition at FAR [FR Doc. 03–22239 Filed 8–29–03; 8:45 am] petroleum consumption through 11.301 (42 U.S.C. 6962(h)). BILLING CODE 6820–BR–P improvements in fleet fuel efficiency Remanufactured means factory rebuilt to and the use of alternative fuel vehicles original specifications. and alternative fuels. The specific Renewable energy means energy produced DEPARTMENT OF ENERGY provisions affecting the Department’s by solar, wind, geothermal, and biomass acquisition program including its power. 48 CFR Parts 923 and 970 management contracts with motor Renewable energy technology means— (1) Technologies that use renewable energy RIN 1991–AB59 vehicle fleet responsibilities are as to provide light, heat, cooling, or mechanical follows. Part 2 of the Executive Order or electrical energy for use in facilities or Acquisition Regulation: Motor Vehicle establishes goals for the reduction of other activities; or Fleet Fuel Efficiency petroleum consumption in the Federal (2) The use of integrated whole-building Government motor vehicle fleet and designs that rely upon renewable energy AGENCY: Department of Energy. requires the development of strategies resources, including passive solar design. ACTION: Final rule. for the increased use of alternative fuel (c)(1) The offeror must identify products vehicles, increased use of alternative that— SUMMARY: The Department of Energy fuels accompanied by improved (i) Are compliant with the recovered and (DOE) is amending its acquisition alternative fuel infrastructure, and the post-consumer material content levels regulation to implement Executive recommended in the Recovered Materials acquisition of higher fuel economy Advisory Notices (RMANs) for EPA- Order 13149, dated April 21, 2000, vehicles. In addition, section 403 of the designated products in the CPG program entitled Greening the Government Executive Order encourages the (http://www.epa.gov/cpg/); Through Federal Fleet and acquisition by Federal agencies of (ii) Contain recovered materials that either Transportation Efficiency. Specifically, environmentally preferable motor do not meet the recommended levels in the the Department is addressing the vehicle products, including the use of RMANs or are not EPA-designated products requirements relating to Procurement of biobased motor vehicle products. in the CPG program (see FAR 23.401 and Environmentally Preferable Motor Section 403.a emphasizes the current http://www.epa.gov/cpg/); Vehicle Products and Government- restriction on the use of other than re- (iii) Are energy-efficient, as defined by Owned Contractor Operated Vehicles, as either ENERGY STAR and/or FEMP’s refined motor vehicle lubricating oils designated top 25th percentile levels (see they relate to the Department’s (found in section 507 of Executive Order ENERGY STAR at http:// acquisition program, including its 13101, and implemented by 48 CFR www.energystar.gov/ and FEMP at http:// management contracts with motor (FAR) 23.404) by restating that www.eere.energy.gov/femp/procurement/); vehicle fleet responsibilities. restriction as a prohibition on the (iv) Are water-efficient; EFFECTIVE DATE: October 2, 2003. acquisition of virgin petroleum motor (v) Use renewable energy technology; FOR FURTHER INFORMATION CONTACT: vehicle lubricating oils. That restriction (vi) Are remanufactured; and and the requirements of Sections 403.b (vii) Have other environmental attributes. Richard Langston at (202) 586–8247 or [email protected]. and 403.c are addressed by the (2) These identifications must be made in Department’s Affirmative Procurement each of the offeror’s following mediums: SUPPLEMENTARY INFORMATION (i) The offer itself. Program. An Affirmative Procurement I. Background (ii) Printed commercial catalogs, brochures, Program is required of Federal agencies II. Section-by-Section Analysis and pricelists. by 48 CFR (FAR) 23.404, Agency III. Procedural Requirements (iii) Online product website. affirmative procurement programs, and A. Review Under Executive Order 12866 (iv) Electronic data submission for GSA is implemented in DOE by 48 CFR B. Review Under Executive Order 12988 Advantage! submitted via GSA’s Schedules (DEAR) 923.405, Procedures [DOE C. Review Under the Regulatory Flexibility Input Program (SIP) software or the Act supplemental coverage—paragraph (e)]. Electronic Data Inter-change (EDI). Offerors D. Review Under the Paperwork Reduction The Department’s Affirmative can use the SIP or EDI methods to indicate Act Procurement Program extends to its environmental and other attributes for each E. Review Under the National management contractors pursuant to 48 product that is translated into respective Environmental Policy Act icons in GSA Advantage!. CFR (DEAR) 970.2304, Use of F. Review Under Executive Order 13132 (d) An offeror, in identifying an item with recovered/recycled materials. Section G. Review Under the Unfunded Mandates an environmental attribute, must possess 505 of the Executive Order requires Reform Act of 1995 evidence or rely on a reasonable basis to agencies to ensure that the goals and H. Review Under the Treasury and General substantiate the claim (see 16 CFR part 260, requirements of the Executive Order are Government Appropriations Act, 1999 Guides for the Use of Environmental incorporated into management contracts I. Congressional Review Marketing Claims). The Government will J. Review Under Executive Order 13211 which involve management of Federal accept an offeror’s claim of an item’s K. Review Under the Treasury and General fleet motor vehicles. Finally, Section environmental attribute on the basis of— Government Appropriations Act, 2001 506 of the Executive Order exempts (1) Participation in a Federal agency- L. Approval by the Office of the Secretary military tactical, law enforcement and sponsored program (e.g., the EPA and DOE of Energy ENERGY STAR product labeling program); emergency vehicles from the requirements of the Executive Order. (2) Verification by an independent I. Background organization that specializes in certifying The clause specified by this rule is a such claims; or The purpose of this rulemaking is to mandatory clause for use in (3) Possession of competent and reliable implement the goals and requirements management and operating contracts evidence. For any test, analysis, research, of Executive Order 13149, dated April involving motor vehicle fleet operations.
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Contracting officers are strongly draftsmanship under any guidelines Agencies are required to examine the encouraged to add the clause at the next issued by the Attorney General. Section constitutional and statutory authority fee negotiation following the effective 3(c) of Executive Order 12988 requires supporting any action that would limit date of this rule. The clause should be Executive agencies to review regulations the policymaking discretion of the included in new management and in light of applicable standards in States and carefully assess the necessity operating contracts. section 3(a) and section 3(b) to for such actions. DOE has examined determine whether they are met or it is today’s rule and has determined that it II. Section-by-Section Analysis unreasonable to meet one or more of does not preempt State law and does not The Department of Energy amends the them. DOE has completed the required have a substantial direct effect on the regulation as follows: review and determined that, to the States, on the relationship between the 1. A new subpart 923.7, Contracting extent permitted by law, these national government and the States, or For Environmentally Preferable and regulations meet the relevant standards on the distribution of power and Energy-Efficient Products and Services, of Executive Order 12988. responsibilities among the various is added. It contains § 923.703, Policy. levels of government. No further action C. Review Under the Regulatory 2. A new § 970.2307, Contracting for is required by Executive Order 13132. environmentally preferable and energy- Flexibility Act efficient products and services, is This rule has been reviewed under the G. Review Under the Unfunded added. It includes Subsections Regulatory Flexibility Act, 5 U.S.C. 601 Mandates Reform Act of 1995 970.2307–1, Motor vehicle fleet et seq., which requires preparation of an The Unfunded Mandates Reform Act operations, and 970.2307–2, Contract initial regulatory flexibility analysis for of 1995 (Pub. L. 104–4) generally clause. any rule that must be proposed for requires a Federal agency to perform a 3. A new clause, DOE Motor Vehicle public comment and that is likely to detailed assessment of costs and Fleet Fuel Efficiency, is added as have significant economic impact on a benefits of any rule imposing a Federal § 970.5223–5. substantial number of small entities. mandate with costs to State, local or DOE is not required by the tribal governments, or to the private III. Procedural Requirements Administrative Procedure Act (5 U.S.C. sector, of $100 million or more. This A. Review Under Executive Order 12866 553) or any other law to propose this rulemaking would only affect private procurement rule for public comment. sector entities, and the impact is less Today’s regulatory action has been Accordingly, the Regulatory Flexibility than $100 million. determined not to be a ‘‘significant Act requirements do not apply to this regulatory action’’ under Executive H. Review Under the Treasury and rulemaking, and no regulatory flexibility Order 12866, ‘‘Regulatory Planning and General Government Appropriations analysis has been prepared. Review,’’ (58 FR 51735, October 4, Act, 1999 1993). Accordingly, this rule is not D. Review Under the Paperwork Section 654 of the Treasury and subject to review under that Executive Reduction Act General Government Appropriations Order by the Office of Information and There are no new information Act, 1999 (Pub. L. 105–277), requires Regulatory Affairs of the Office of collection or record keeping Federal agencies to issue a Family Management and Budget (OMB). requirements associated with this Policymaking Assessment for any rule B. Review Under Executive Order 12988 action. or policy that may affect family well- being. This rulemaking will have no E. Review Under the National With respect to the review of existing impact on family well-being. regulations and the promulgation of Environmental Policy Act new regulations, section 3(a) of DOE has concluded that promulgation I. Congressional Review Executive Order 12988, ‘‘Civil Justice of this rule falls into a class of actions As required by 5 U.S.C. 801, the Reform,’’ 61 FR 4729 (February 7, 1996), which would not individually or Department of Energy will report to imposes on Executive agencies the cumulatively have significant impact on Congress promulgation of this rule prior general duty to adhere to the following the human environment, as determined to its effective date. The report will state requirements: (1) Eliminate drafting by DOE’s regulations (10 CFR part 1021, that it has been determined that the rule errors and ambiguity; (2) write subpart D) implementing the National is not a ‘‘major rule’’ as defined by 5 regulations to minimize litigation; and Environmental Policy Act (NEPA) of U.S.C. 804(3). (3) provide a clear legal standard for 1969 (42 U.S.C. 4321 et seq.). J. Review Under Executive Order 13211 affected conduct rather than a general Specifically, this rule is categorically standard and promote simplification excluded from NEPA review because Executive Order 13211, Actions and burden reduction. With regard to the rule establishes internal procedures Concerning Regulations That the review required by section 3(a), and a DEAR contract clause and is Significantly Affect Energy Supply, section 3(b) of Executive Order 12988 considered to be strictly procedural Distribution, or Use, (66 FR 28355, May specifically requires that Executive (categorical exclusion A6); therefore, 22, 2001) requires Federal agencies to agencies make every reasonable effort to this rule does not require an prepare and submit to the Office of ensure that the regulation: (1) Clearly environmental impact statement or Information and Regulatory Affairs specifies the preemptive effect, if any; environmental assessment pursuant to (OIRA), Office of Management and (2) clearly specifies any effect on NEPA. Budget, a Statement of Energy Effects for existing Federal law or regulation; (3) any significant energy action. A provides a clear legal standard for F. Review Under Executive Order 13132 ‘‘significant energy action’’ is defined as affected conduct while promoting Executive Order 13132 (64 FR 43255, any action by an agency that simplification and burden reduction; (4) August 4, 1999) imposes certain promulgates or is expected to lead to specifies the retroactive effect, if any; (5) requirements on agencies formulating promulgation of a final rule, and that: adequately defines key terms; and, (6) and implementing policies or (1) Is a significant regulatory action addresses other important issues regulations that preempt State law or under Executive Order 12866, or any affecting clarity and general that have federalism implications. successor order; and (2) is likely to have
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a significant adverse effect on the ■ 2. Subpart 923.7 is added to read as PART 970—DOE MANAGEMENT AND supply, distribution, or use of energy, or follows: OPERATING CONTRACTS (3) is designated by the Administrator of Subpart 923.7—Contracting for OIRA as a significant energy action. For ■ 3. The authority citation for part 970 Environmentally Preferable and any proposed significant energy action, continues to read as follows: the agency must give a detailed Energy-efficient Products and Services Authority: 42 U.S.C. 2201; 42 U.S.C. 7101 statement of any adverse effects on § 923.703 Policy. energy supply, distribution, or use et seq.; 50 U.S.C. 2401 et seq. Executive Order 13149, dated April should the proposal be implemented, 21, 2000, entitled Greening the Subpart 970.23—Environmental, and of reasonable alternatives to the Government Through Federal Fleet and Conservation, and Occupational Safety action and their expected benefits on Transportation Efficiency, provides that energy supply, distribution, and use. the Federal Government exercise Programs Today’s rule is not a significant leadership in the reduction of petroleum energy action. Accordingly, DOE has not ■ consumption through improvements in 4. Sections 970.2307, 970.2307–1, and prepared a Statement of Energy Effects. its motor fleet fuel efficiency and 970.2307–2 are added to read as follows: increases in its use of alternative fuel K. Review Under the Treasury and § 970.2307 Contracting for General Government Appropriations vehicles and alternative fuels. The Environmentally Preferable and Energy- Act, 2001 specific provisions affecting the Efficient Products and Services. The Treasury and General Department’s acquisition program are as Government Appropriations Act, 2001, follows. Part 2 of the Executive Order § 970.2307–1 Motor vehicle fleet 44 U.S.C. 3516, note, provides for establishes goals for the reduction of operations. petroleum consumption in the motor agencies to review most disseminations Executive Order 13149 provides that of information to the public under vehicle fleet and requires the development of strategies for the the Federal motor vehicle fleet will guidelines established by each agency serve as an example and provide a pursuant to general guidelines issued by increased use of alternative fuel vehicles, increased use of alternative leadership role in the reduction of OMB. OMB’s guidelines were published fuels accompanied by improved petroleum consumption through at 67 FR 8452 (February 22, 2002), and alternative fuel infrastructure, and the improvements in fleet fuel efficiency DOE’s guidelines were published at 67 acquisition of higher fuel economy and the use of alternative fuel vehicles FR 62446 (October 7, 2002). DOE has vehicles. Procurement personnel and alternative fuels. Part 2 of the Order reviewed today’s notice under the OMB involved in the acquisition of motor establishes goals for Federal and DOE guidelines and has concluded vehicles, including lease, and motor Government fleet efficiency and that it is consistent with applicable vehicle products should familiarize requires the development of strategies to policies in these guidelines. themselves with these requirements and accomplish the goals. Section 403 of the L. Approval by the Office of the assist their fleet management personnel Order provides that environmentally Secretary of Energy in acquiring vehicles and products preferable motor vehicle products, Issuance of this final rule has been which comply with the requirements of including biobased motor vehicle approved by the Office of the Secretary the Executive Order and the products, will be used in the of Energy. Department’s compliance strategy. In maintenance of Federal fleet motor addition, section 403 of the Executive vehicles when these products are List of Subjects in 48 CFR Parts 923 and Order provides for the acquisition of 970 reasonably available and meet vehicle environmentally preferable motor manufacturers’ recommended vehicle products, including the use of Government procurement. performance standards. biobased motor vehicle products. Issued in Washington, DC, on August 26, Environmentally preferable motor 2003. Environmentally preferable motor vehicle products include re-refined vehicle products are among the Stephen D. Mournighan, motor vehicle lubricating oils, retread products contained in the Acting Director, Office of Procurement and tires, recycled engine coolants, and bio- Comprehensive Procurement Guidelines Assistance Management, Office of based motor vehicle products. Use of list of products with recycled content to Management, Budget and Evaluation, be procured pursuant to the clause at 48 Department of Energy. these products is addressed by the CFR 970.5223–2. Section 505 of Robert C. Braden, Jr., Department’s Affirmative Procurement Program required by 48 CFR (FAR) Executive Order 13149 requires that the Director, Office of Procurement and goals and requirements of the Order be Assistance Management, National Nuclear 23.404, Agency affirmative procurement Security Administration. programs, as implemented by 48 CFR included in all management contracts (DEAR) 923.405, Procedures [DOE which include Federal motor vehicle ■ For the reasons set out in the preamble, supplemental coverage—paragraph (e)]. fleet operations. Section 506 of Chapter 9 of Title 48 of the Code of Environmentally preferable motor Executive Order 13149 exempts military Federal Regulations is amended as vehicle products are among the items follows. tactical, law enforcement, and designated in the Comprehensive emergency vehicles from the PART 923—ENVIRONMENT, Procurement Guidelines, which lists requirements of the order. CONSERVATION, OCCUPATIONAL products with recovered content that § 970.2307–2 Contract clause. SAFETY, AND DRUG-FREE Federal agencies and their contractors WORKPLACE are to buy. That list is published by the Include the clause at 970.5223–5, Environmental Protection Agency DOE Motor Vehicle Fleet Fuel ■ 1. The authority citation for part 923 pursuant to the Resource Conservation continues to read: Efficiency, in all management contracts and Recovery Act of 1976, 42 U.S.C. providing for Contractor management of 6962, and regulations published at 40 Authority: 42 U.S.C. 7101 et seq.; 41 U.S.C. the motor vehicle fleet. 418b; 50 U.S.C. 2401 et seq. CFR part 247.
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Subpart 970.52—Contract Clauses for Commerce (Secretary), after notice and negligible impact on the species or Management and Operating Contracts opportunity for comment, finds, as here, stock(s) of affected marine mammals, that such takes will have a negligible and will not have an unmitigable ■ 5. Section 970.5223–5 is added to read impact on the species and stocks of adverse impact on the availability of the as follows: marine mammals and will not have an species or stock(s) for subsistence uses, § 970.5223–5 DOE motor vehicle fleet fuel unmitigable adverse impact on the and if regulations are prescribed setting efficiency. availability of them for subsistence uses. forth the permissible methods of taking As prescribed in 48 CFR 970.2307–2, These regulations do not authorize the and the requirements pertaining to the insert the following clause in contracts Navy’s missile launch activities as such monitoring and reporting of such taking. providing for Contractor management of authorization is not within the NMFS has defined ‘‘negligible impact’’ the motor vehicle fleet. jurisdiction of the Secretary. Rather, in 50 CFR 216.103 as: these regulations authorize the DOE MOTOR VEHICLE FLEET FUEL an impact resulting from the specified unintentional incidental take of marine EFFICIENCY activity that cannot be reasonably expected mammals in connection with this (Oct 2003) to, and is not reasonably likely to, adversely activity and prescribe methods of taking affect the species or stock through effects on When managing Government-owned and other means of effecting the least annual rates of recruitment or survival. vehicles for the Department of Energy, the practicable adverse impact on marine Contractor will conduct operations relating to mammal species and their habitat, and Under section 18(A), the MMPA such vehicles in accordance with the goals on the availability of the species for defines ‘‘harassment’’ as: and requirements of Executive Order 13149, subsistence uses. Greening the Government Through Federal any act of pursuit, torment, or annoyance Fleet and Transportation Efficiency, and DATES: Effective from October 2, 2003 which (i) has the potential to injure a marine implementing guidance contained in the through October 2, 2008. mammal or marine mammal stock in the wild document entitled U.S. Department of Energy ADDRESSES: A copy of the Navy [Level A harassment]; or (ii) has the potential Compliance Strategy for Executive Order application which contains a list of the to disturb a marine mammal or marine 13149 (April 2001) and future revisions of references used in this document may mammal stock in the wild by causing this compliance strategy that are identified in be obtained by writing to Kaja A. Brix, disruption of behavioral patterns, including, writing by the Contracting Officer. Section 506 of Executive Order 13149 exempts Acting Chief, Marine Mammal but not limited to, migration, breathing, military tactical, law enforcement, and Conservation Division, Office of nursing, breeding, feeding, or sheltering emergency vehicles from the requirements of Protected Resources, National Marine [Level B harassment]. Fisheries Service, 1315 East-West the order. Summary of Request Highway, Silver Spring, MD 20910– [FR Doc. 03–22301 Filed 8–29–03; 8:45 am] 3226 or by telephoning the contact BILLING CODE 6450–01–P On October 23, 2002, NMFS received listed here (see FOR FURTHER an application from the Naval Air INFORMATION CONTACT). The NMFS’ Weapons Station, China Lake (NAWS), Administrative Record for this action is DEPARTMENT OF COMMERCE under section 101(a)(5)(A) of the available for viewing, by appointment MMPA, requesting an authorization, National Oceanic and Atmospheric during regular business hours, at the effective from August 26, 2003 through Administration above address. Copies of letters, and August 25, 2008, for the harassment of documents are available, at copy cost, small numbers of three species of 50 CFR Part 216 from this address. marine mammals incidental to target Comments regarding the burden-hour missile launch operations conducted by [Docket No. 030421095–3202–02; I.D. estimate or any other aspect of the 111902C] the Naval Air Warfare Center Weapons collection of information requirement Division (NAWCWD) on SNI, one of the RIN 0648–AQ61 contained in this final rule should be Channel Islands in the Southern sent to the Acting Chief, and to the Taking and Importing Marine California Bight. These regulations, if Office of Information and Regulatory implemented, would allow NMFS to Mammals; Taking Marine Mammals Affairs, Office of Management and issue annual LOAs to NAWS, which Incidental to Missile Launch Budget (OMB), Attention: NOAA Desk would replace the process of issuance of Operations from San Nicolas Island, Officer, Washington, DC 20503. annual Incidental Harassment CA FOR FURTHER INFORMATION CONTACT: Authorizations (IHAs) under section AGENCY: National Marine Fisheries Kenneth R. Hollingshead (301) 713– 101(a)(5)(D) of the MMPA (see 66 FR Service (NMFS), National Oceanic and 2322, ext. 128. 41843, August 9, 2001; 67 FR 56271, Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: September 3, 2002). This action is being Commerce. Background undertaken in part based upon ACTION: Final rule. Section 101(a)(5)(A) of the Marine recommendations made by the Marine SUMMARY: NMFS, upon application from Mammal Protection Act (MMPA) (16 Mammal Commission, under section the U.S. Navy, is issuing regulations to U.S.C. 1361 et seq.) directs the Secretary 202(a)(4) of the MMPA. The current IHA govern the unintentional takings of of Commerce (Secretary) to allow, upon expires on August 20, 2003. small numbers of marine mammals request, the incidental, but not According to the NAWS’ application, incidental to missile launch operations intentional taking of small numbers of these missile launch operations may from San Nicolas Island, CA (SNI). marine mammals by U.S. citizens who occur at any time during the year Issuance of regulations, and Letters of engage in a specified activity (other than depending on test and training Authorization under these regulations, commercial fishing) within a specified requirements and meteorological and governing the unintentional incidental geographical region if certain findings logistical limitations. On occasion, two takes of marine mammals in connection are made and regulations are issued. or three launches may occur in quick with particular activities is required by Permission may be granted for periods succession on a single day. NAWS the Marine Mammal Protection Act of 5 years or less if the Secretary finds anticipates an average of 40 launches (MMPA) when the Secretary of that the total taking will have a annually of Vandal (or similar sized)
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vehicles from SNI’s Alpha Launch below 55 dB. C-weighting corresponds The Vandal and most other targets are Complex (ALC) and smaller supersonic to the relative response to the human launched from the ALC on the west- and subsonic missiles and targets from ear to sound levels above 85 dB. C- central part of SNI, a land-based launch either ALC or the Building 807 Launch weight scaling is useful for analyses of site. The ALC is 192 m (630 ft) above sea Site (Building 807). Launches at this sounds having predominantly low- level and is approximately 2 kilometers annual level would be approximately frequency sounds, such as sonic booms. (km)(1.25 miles (mi)) from the nearest double the recent activities at SNI. The While it is unknown whether the pinniped haul-out site. Launch NAWCWD conducted a total of 19 pinniped ear responds similarly to the trajectories from ALC may vary from a launches (including one dual launch) human ear, a study by C. Malme (pers. near-vertical liftoff, crossing the west between August 15, 2001 and July 18, commun. to NMFS, March 5, 1998) end of SNI at an altitude of 2002 (14 Vandal launches and 5 other found that for predicting noise effects, approximately 3,962 m (13,000 ft) to a missiles and targets) under an IHA. the Navy believes that A-weighting is nearly horizontal liftoff, crossing the The purpose of these launches is to better than unweighted pressure levels west end of SNI at an altitude of support activities associated with because the pinniped’s highest in-air approximately 305 m (1,000 ft). operations on the NAWCD’s Point Mugu hearing sensitivity is at higher However, to date, most Vandal launches Sea Range. The Sea Range is used by the frequencies than that of humans. In this during NAWS first IHA monitoring U.S. and Allied military services to test document, whenever possible sound program had low angles (8 degrees) and evaluate sea, land, and air weapon levels have been provided with A- crossing the SNI beaches at an altitude systems; to provide realistic training weighting. of about 1,300 ft (396 m)(Lawson, 2002). opportunities; and to maintain Description of the Specified Activity Four Vandals however, had high angle operational readiness of these forces. (42 degrees) profiles, crossing SNI Some of the SNI launches are used for In general, launch vehicles are the beaches at an altitude of about 9,600 ft practicing defensive drills against the Vandal and a variety of other supersonic (2,926 ft)(Lawson, 2002). types of weapons simulated by these and subsonic missiles and targets. Most Vandal launches produce strong noise vehicles. Some launches may be other vehicles used would be similar in levels. Sound measurements collected conducted for the related purpose of size and weight or slightly smaller and during two Vandal launches in 1997 testing new types of targets to verify that would have characteristics similar to the and 1999 indicated received A-weighted they are suitable for use as operational Vandal. NAWS has also requested that SPLs ranged from 123 dB (re 20 micro- targets. While SNI is under the land its incidental take authorization include Pa) (SEL of 126 dB re 20 micro-Pa2 -sec) management responsibility of NAWS, coverage for up to three launches at 945 m (3,100 ft) to 136 dB (re µ20 Pa) planned missile and other target annually by vehicles that are larger than (SEL of 131 dB re 20 micro-Pa2 -sec) at launches are conducted by the the Vandal (but under 50,000 lbs 370 m (1,215 ft) (Burgess and Greene, NAWCWD. A detailed description of the (23,000 kilograms (kg)) in weight). 1998; Greene, 1999). The most intense operations is contained in the NAWS Potential impacts to pinnipeds by sounds occurred during the first 0.4 to application (NAWS, 2002) which is launch vehicles of that size are 4.1 seconds after launch (Greene, 1999; available upon request (see ADDRESSES). unanalyzed and must be assessed before Greene and Malme, 2002). However, NMFS can issue an authorization to take what is important for this action is not Measurement of Airborne Sound Levels pinnipeds incidentally to that activity. the noise level near the launch site but The following section is provided to Any proposed modification of these the noise level over the pinniped facilitate understanding of airborne and regulations to include these larger haulouts on the SNI beaches. This issue impulsive noise characteristics. In its launch vehicle activities would be will be discussed later in this document. application, NAWS has referenced both published in the Federal Register with pressure and energy measurements for opportunity for public comment. Supersonic and Subsonic Targets and sound levels. For pressure, the sound Other Missiles pressure level (SPL) is described in Vandal Target Missiles The Navy also plans to launch other terms of decibels (dB) re micro-Pascal The Vandal (designated MQM–8G) subsonic and supersonic vehicles to (micro-Pa), and for energy, the sound target missile is a relatively large, air- simulate various types of threat missiles exposure level (SEL) is described in breathing (ramjet) vehicle with no and aircraft. These are small unmanned terms of dB re micro-Pa2 -second. In explosive warhead that is designed to aircraft that are launched using jet- other words, SEL is the squared provide a realistic simulation of the assisted take-off (JATO) rocket bottles. instantaneous sound pressure over a mid-course and terminal phase of a Once launched, they continue offshore specified time interval, where the sound supersonic anti-ship cruise missile. where they are used in training pressure is averaged over 5 percent to 95 These missiles are 7.7 m (25.2 ft) in exercises to simulate various types of percent of the duration of the sound (in length with a mass at launch of 3,674 kg subsonic threat missiles and aircraft. this case, one second). (8,100 lbs) including the solid The larger target, BQM–34, is 7 m (23 Airborne noise measurements are propellant booster. There are variants of ft) long and has a mass of approximately usually expressed relative to a reference the Vandal; they all have the same 1,134 kg (2,500 lbs) plus the JATO pressure of 20 micro-Pa. Also, airborne dimensions, but differ in their bottle. The smaller BQM–74, is 420 sounds are often expressed as operational range. The Vandals are centimeters (cm) (165.5 inches (in)) long broadband A-weighted (dBA) or C- remotely controlled, non-recoverable and has a mass of approximately 250 kg weighted (dBC) sound levels. A- missiles. At launch, the Vandal is (550 lbs) plus the JATO bottle. weighting refers to frequency-dependent accelerated for several seconds by a Additional types of small vehicles that weighting factors applied to sound in solid propellant rocket booster to a may be launched include the Exocet and accordance with the sensitivity of the speed sufficient for the ram-jet engine to Tomahawk missiles, and the Rolling human ear to different frequencies. With start. After several seconds of thrust, the Airframe Missile (RAM). A-weighting, sound energy at booster is discarded, falls into the water All of these smaller targets are frequencies below 1 kHz and above 6 of the Sea Range, and the Vandal launched from either the ALC or from kHz is de-emphasized and approximates continues along its flight path at Building 807. Building 807 is the human ear’s response to sounds supersonic speed under ramjet power. approximately 10 m (30 ft) above sea
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level and accommodates several fixed media, so a response is not necessary. survival of the animal or species’’). As and mobile launchers that range from 30 The Commission supports NMFS’ intent the Commission has pointed out in m (98 ft) to 150 m (492 ft) from the to implement incidental take regulations several previous letters, the Commission nearest shoreline. For these smaller for the Navy’s activities on SNI believes that the proposed NMFS vehicles, launch trajectories from provided that the mitigation and modification is contrary to the existing Building 807 may range from 6 to 45 monitoring activities described in the statutory definition of harassment. degrees and cross over the nearest beach NAWS petition for regulations are Response: NMFS addressed the at altitudes from 15 to 190 m (50 to 625 incorporated into the proposal. Commission’s concern most recently in ft). Comment 1: The Commission requests the notice of issuance of an IHA for Sound measurements were collected clarification in the final rule document Vandal launches from SNI (67 FR from the launch of a BQM–34 at the regarding the statement that mitigation 56271, September 3, 2002). In addition, Point Mugu Naval Air Station (NAS) in measures would be followed when the scientific basis for determining the 1997. Burgess and Greene (1998) found ‘‘operationally practicable.’’ appropriate isopleths (lines of equal that for this launch, the A-weighted SPL Response: The NAWS request noted pressure) for the onset of marine ranged from 92 dB (re 20 micro-Pa) (SEL that mitigation measures would be mammal harassment can be found in the of 102.2 dB re 20 micro-Pa2 -sec) at 370 followed whenever operationally preamble to the proposed rule (68 FR m (1,200 ft) to 145 dB (re 20 micro-Pa) practicable, provided that doing so 24905, May 9, 2003) and this document. (SEL of 142.2 dB re 20 micro-Pa2 -sec) would not compromise operational For this action, NMFS agrees with the at 15 m (50 ft). These estimates are safety requirements or mission goals. applicant that California sea lions and approximately 20 dB lower than that of For example, the Navy will avoid night northern elephant seals will sometimes a Vandal launch at similar distances launches whenever the parameters of be harassed by launch sounds with (Greene, 1999). The measured Terrior the test or training do not require a night SEL’s of 100 dBA (re 20 micro-Pa2 -sec) Orion SPL ranged from 89 to 138 dB and launch. However, if a night launch is or higher and Pacific harbor seals will the SEL from 93 to 138 dB, although the required by the parameters of the test, sometimes be similarly harassed at an SPL/SEL of 138 dB appears to be the Navy will need to launch at night. SEL of 90 dBA or higher. Pinnipeds anomalously high (Lawson, 2002). The Last year, for example, the Navy raised inside those isopleths at the time of the SPL/SELs for the AGS launches ranged the elevation on one launch from what missile launch are presumed to be from 95 to 150 dB (93 to 137 dB SEL) was originally proposed and the harassed, whether or not an actual and the RAM launch SPL was 126 dB objectives were still met. The problem is disturbance is noted. However, NMFS (131 dB SEL). These measurements were that the mitigation requirements cannot does not consider reactions such as a all flat-weighted, meaning that A- be unconditional; some tests may pinniped assuming an alert posture by weighted SPL/SELs values were several require night launching or launching in raising its head or exhibiting other decibels lower. quick succession and some launches minor body movements to be level B may require low azimuths, etc. harassment, because these kinds of General Launch Operations Comment 2: The Commission asks behaviors are not disruptions of a Aircraft and helicopter flights how the proposed mitigation measures biologically important behavior pattern. between NAS on the mainland, the satisfy the requirement of section In contrast, sounds that cause some or airfield on SNI and the target sites in the 101(a)(5)(ii)(I) of the MMPA that the all of the animals to move along the Sea Range will be a routine part of any activity will result in the least beach or leave a haul-out beach for the planned launch operation. These practicable adverse impact on the water would be harassment because operational flights do not pass at low subject species or stocks and their there is a disruption of haulout level over the beaches where pinnipeds habitat. activities. This is consistent with the are expected to be hauled out. In Response: In order for NMFS to MMPA definition of Level B addition, movements of personnel are implement effective mitigation, it must harassment. NMFS is interested in restricted near the launch sites 2 hours determine that such measures would be receiving any scientific information prior to a launch, no personnel are practical. The practical mitigation indicating that pinnipeds are harassed allowed on the western end of SNI measures identified by the NAWCD are at lower noise levels. during Vandal and other vehicle provided later in this document (see launches, and various environmental Mitigation) and in more detail in the Description of Habitat and Marine protection restrictions exist near the Final Environmental Assessment on the Mammals Affected by the Activity island’s beaches during other times of Navy Request for a Letter of A detailed description of the Channel the year. Authorization (Final EA). These Islands/southern California Bight measures have been in place under ecosystem and its associated marine Comments and Responses previous and current IHAs for this mammals can be found in several On May 9, 2003 (68 FR 24905), NMFS activity. No comments were received documents (Le Boeuf and Brownell, published a notice of proposed during the public comment periods for 1980; Bonnell et al., 1981; Lawson et al., rulemaking on the Navy’s application this and previous authorizations that 1980; Stewart, 1985; Stewart and for an incidental take authorization and suggested additional practical Yochem, 2000; Sydeman and Allen, requested comments, information and mitigation measures, and NMFS is 1999) and is not repeated here. suggestions concerning the request. unaware of additional measures that Many of the beaches in the Channel During the 45–day public comment could be imposed. Islands provide resting, molting or period, NMFS received comments from Comment 3: The Commission notes breeding places for species of pinnipeds several members of the public and the that NMFS is attempting to modify the including: northern elephant seals Marine Mammal Commission statutory definition of Level B (Mirounga angustirostris), harbor seals (Commission). The letters from harassment to be only activities which (Phoca vitulina), California sea lions individuals did not raise significant pose ‘‘biologically significant (Zalophus californianus), northern fur issues on the proposed rule, and only disturbance’’ (i.e., ‘‘a disturbance of a seals (Callorhinus ursinus), and Steller expressed concern over missile behavior pattern that has the potential sea lions (Eumetopias jubatus). On SNI, launches based on an article in the to have an effect on the reproduction or three of these species, northern elephant
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seals, harbor seals, and California sea important purpose even though there is 1993), anticipated impacts can be lions, can be expected to occur on land chronic exposure to noise, it is possible predicted. In general, studies have in the area of the proposed activity that there could be noise-induced shown that responses of pinnipeds on regularly in large numbers during physiological stress; this might in turn beaches to acoustic disturbance arising certain times of the year. Descriptions of have negative effects on the well-being from rocket and target missile launches the biology and distribution of these or reproduction of the animals involved; are highly variable. This variability may three species and others in the region and be due to many factors, including can be found in NAWS (2002), Stewart (7) Very strong sounds have the species, age class, and time of year. and Yochem (2000, 1994), Sydeman and potential to cause temporary or Among species, northern elephant seals Allen (1999), Lowry et al. (1996), permanent reduction in hearing seem very tolerant of acoustic Schwartz (1994), Lowry (1999) and sensitivity. In terrestrial mammals, and disturbances (Stewart, 1981), whereas several other documents (Barlow et al., presumably marine mammals, received harbor seals (particularly outside the 1997; NMFS, 2000; NMFS, 1992; Koski sound levels must far exceed the breeding season) seem more easily et al., 1998; Gallo-Reynoso, 1994; animal’s hearing threshold for there to disturbed. Research and monitoring at Stewart et al., 1987). General be any temporary threshold shift (TTS). Vandenberg Air Force Base found that information on harbor seals and other For transient sounds, the sound level prolonged or repeated sonic booms, very marine mammal species found in necessary to cause TTS is inversely strong sonic booms, or sonic booms Central California waters can be found related to the duration of the sound. accompanying a visual stimulus, such in Caretta et al. (2001, 2002), which are Received sound levels must be even as a passing aircraft, are most likely to available at the following URL: http:// higher for there to be risk of permanent stimulate seals to leave the haul-out area www.nmfs.noaa.gov/protlres/PR2/ hearing impairment. and move into the water. During three StocklAssessmentlProgram/ Sounds generated by the launches of launches of Vandal missiles from SNI, sars.html. Please refer to those Vandal and similar target missiles and California sea lions near the launch documents and the application for smaller subsonic targets and missiles track line were observed from video further information on these species. (BQM–34 or BQM–74 type), as they recordings to be disturbed and to flee depart sites on SNI towards operational (both up and down the beach) from their Potential Effects of Target Missile areas in the Point Mugu Sea Range, have former resting positions. Launches of Launches and Associated Activities on the potential to result in the incidental the smaller BQM–34 targets from NAS Marine Mammals harassment of seals and sea lions. have not normally resulted in harbor The effects of noise on marine Taking by harassment will potentially seals leaving their haul-out area at the mammals are highly variable, and can result from these launches when mouth of Mugu Lagoon, which is be categorized as follows (based on pinnipeds on the beaches near the approximately 3.2 km (2 mi) from the Richardson et al., 1995): launch sites are exposed to the sounds launch site. An Exocet missile launched (1) The noise may be too weak to be produced by the rocket boosters and the from the west end of SNI appeared to heard at the location of the pinniped high-speed passage of the missiles as cause far less disturbance to hauled out (i.e., lower than the prevailing ambient they depart the island on their routes to California sea lions than Vandal noise level, the hearing threshold of the the Sea Range. However, the extremely launches. animal at relevant frequencies, or both); rapid departure of the Vandal and other Given the variability of pinniped (2) The noise may be audible but not targets means that pinnipeds would be responses to acoustic disturbance, as strong enough to elicit any overt exposed to increased sound levels for supported by recent IHA monitoring behavioral response; very short time intervals (i.e., a few (Lawson et al., 2002), the Navy (NAWS, (3) The noise may elicit reactions of seconds). In addition, because launches 2002) assumes that Level B harassment, variable conspicuousness and variable are conducted relatively infrequently as evidenced by beach flushing, will relevance to the well being of the (i.e., approximately 40 launch events sometimes occur upon exposure to pinniped; these can range from over the course of a year), neither launch sounds with SEL’s of 100 dBA temporary alert responses to active physiological stress nor hearing related (re 20 micro-Pa2 -sec) or higher for avoidance reactions such as stampedes injuries are likely for pinnipeds exposed California sea lions and northern into the sea from terrestrial haulout to more than a single launch event. elephant seals and 90 dBA for Pacific sites; Noise generated from aircraft and harbor seals. (4) Upon repeated exposure, helicopter activities associated with the A conservative estimate of the SEL at pinnipeds may exhibit diminishing launches may provide a potential which TTS may be elicited in harbor responsiveness (habituation), or secondary source of incidental seals, California sea lions and northern disturbance effects may persist; the harassment of seals and sea lions. The elephant seals has been determined to latter is most likely with sounds that are physical presence of aircraft could also be 145 dB (re 20 micro-Pa2 -sec) and highly variable in characteristics, lead to non-acoustic effects on marine 165 dB (re 20 micro-Pa2 -sec), infrequent and unpredictable in mammals involving visual or other cues. respectively (Lawson et al., 1998). The occurrence (as are vehicle launches), There are no anticipated effects from sound levels necessary to elicit mild and associated with situations that the human presence on the beaches, since TTS in captive California sea lions and pinniped perceives as a threat; movements of personnel are restricted harbor seals exposed to impulse noises, (5) Any anthropogenic noise that is near the launch sites two hours prior to such as sonic booms, were tens of strong enough to be heard has the launches for safety reasons. decibels higher (Bowles et al., 1999) potential to reduce (mask) the ability of Reactions of pinnipeds on the western than sound levels measured during pinnipeds to hear natural sounds at end of SNI to Vandal target launches Vandal launches (Burgess and Greene, similar frequencies, including calls from have not been well-studied, but based 1998; Greene, 1999). This evidence, in conspecifics, and environmental sounds on monitoring studies conducted under combination with the known sound such as surf noise; the IHAs for this activity on SNI in 2001 levels produced by vehicles launched (6) If mammals remain in an area and 2002, and on other rocket launch from SNI, suggests that no pinnipeds because it is important for feeding, activities and their effects on pinnipeds will be exposed to TTS-inducing SELs breeding or some other biologically in the Channel Islands (Stewart et al., during planned launches.
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Based on modeling of sound brevity of these events, it is unlikely from the BMQs are jettisoned shortly propagation in a free field situation, that much, if any, habituation to target after launch and fall into the sea west Burgess and Greene (1998) data were missile launch activities will occur. of SNI. While it is theoretically possible used by the Navy to predict that Vandal In addition, the infrequent and brief that one of these boosters might instead target launches from SNI could produce nature of these sounds will cause land on a beach, the probability of this a 100–dBA acoustic contour that masking for not more than a very small occurring is very low. Fuel contained in extends an estimated 4,263 m (13,986 ft) fraction of the time (usually less than 2 the boosters and JATO bottles is perpendicular to its launch track. In seconds per launch) during any single consumed rapidly and completely, so other words, Vandal target launch day. These occasional and brief there would be no risk of contamination sounds are predicted to exceed the SEL episodes of masking will have no even if a booster or bottle did land on significant effects on the abilities of (100 dBA) disturbance criteria for the beach. Overall, the proposed target pinnipeds to hear one another or to pinipeds out to a distance of 4,263 m missile launches and associated (13,986 ft) from the ALC. Northern detect natural environmental sounds activities are not expected to cause elephant seals, harbor seals, and that may be relevant to the animals. significant impacts on habitats or on California sea lions haul out in areas Numbers of Marine Mammals Expected food sources used by pinnipeds on SNI. within the perimeter of this 100–dBA To Be Taken by Harassment contour for Vandal launches. For BQM– Mitigation 34 launches from ALC, the Navy NAWS provisionally estimates that assumes that the 100–dBA contour the following numbers of pinnipeds To avoid additional harassment to extends an estimated 1,372 m (4,500 ft), may be subject to Level B harassment pinnipeds on beach haul out sites and perpendicular to its launch track (C. annually: 1,403 northern elephant seals, to avoid any possible sensitizing or Malme, Engineering and Scientific 457 harbor seals, and 1,637 California predisposing of pinnipeds to greater Services, Hingham, MA, unpublished sea lions. To determine the number of responsiveness towards the sights and data). Along the launch track and ahead takings by harassment annually, one sounds of a launch, NAWCWD Point of the BQM–34, the 100–dBA contour would need to multiply those numbers Mugu will limit its activities near the extends a shorter distance (549 m or by the number of launches conducted beaches in advance of launches. 1,800 ft). For the smaller BQM–74 and annually. The animals affected may be Existing safety protocols for Vandal Exocet missiles, the Navy predicts that the same animals or may be different launches provide a built-in mitigation the 100–dBA contours will be smaller animals, depending upon the level of measure. That is, personnel are still. The free field modeling scenario site fidelity of the species. Based on the normally not allowed near any of the used to predict these acoustic contours results of recent monitoring of the pinniped beaches close to the flight does not account for transmission losses haulouts, the estimated number of track on the western end of SNI within caused by wind, intervening potential harassment takes would be 2 hours prior to a launch. Where topography, and variations in launch significantly less than estimated under practicable, NAWCWD Point Mugu will trajectory or azimuth. Therefore, the the two recent IHAs. adopt the following additional predicted 100–dBA contours may be Effects of Target Missile Launches and mitigation measures when doing so will smaller at certain beach locations and Associated Activities on Subsistence not compromise operational safety for different launch trajectories. Needs requirements or mission goals: (1) The In general, the extremely rapid departure of the Vandal and smaller There are no subsistence uses for Navy will attempt to limit launch targets means that pinnipeds could be these pinniped species in California activities during pinniped pupping exposed to increased sound levels for waters, and, thus, there are no seasons, particularly harbor seal very short time intervals (a few seconds) anticipated effects on subsistence needs. pupping season; (2) the Navy will attempt not to launch vehicles at low potentially leading to alert and startle Effects of Target Missile Launches and responses from individuals on haul out elevation on launch azimuths that pass Associated Activities on Marine close to beach haul-out site(s); (3) the sites in the vicinity of launches. Some Mammal Habitat on SNI animals may flee to the water. Since Navy will attempt to avoid multiple recorded observations of the responses Harbor seals, California sea lions, and target launches in quick succession over of pinnipeds to Vandal launches along northern elephant seals use various haul-out sites, especially when young with post-launch surveys at the SNI beaches around SNI as places to rest, pups are present; and, (4) the Navy will haulouts have not shown injury, molt, and breed. These beaches consist attempt to limit launch activities during mortality, or extended biological of sand (e.g., Red Eye Beach), rock the night. disturbance, the Navy anticipates and ledges (e.g., Phoca Beach) and rocky Monitoring NMFS concurs that the effects of the cobble (e.g., Vizcaino Beach). Pinnipeds planned target launches will have no do not feed when hauled out on these As part of its application, NAWS beaches, and the airborne launch more than a negligible impact on provided a monitoring plan, similar to sounds will mostly reflect or refract pinniped populations. that adopted for the 2001/2002 and from the water surface and, except for Since the launches are relatively 2002/2003 IHAs (see 66 FR 41834, sounds within a diameter of infrequent, and of brief duration, it is August 9, 2001; 67 FR 56271, September unlikely that the pinnipeds near the approximately 30 degrees directly below 3, 2002), for assessing impacts to marine launch site will become habituated to the launch vehicle, will not penetrate mammals from Vandal and smaller launch sounds. Pinnipeds that haul out into the water column. The sounds that subsonic target and missile launch on beaches at the western end of SNI for do penetrate will not persist in the extended periods, or that return to haul- water for more than a few seconds. activities on SNI. This monitoring plan out sites regularly over the course of the Therefore, the Navy does not expect that is described in their application year, may be exposed to sounds of more launch activities will have any impact (NAWS, 2002). than a single launch, and may be on the food or feeding success of these The Navy will conduct the following ‘‘harassed’’ more than once each year. animals. The solid rocket booster from monitoring during the first year under However, given the infrequency and the Vandal target and the JATO bottles an LOA and regulations.
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Land-Based Monitoring acoustic instruments and analysis numbers of marine mammals incidental methods refer to LGL (2002). to missile launch operations on SNI. In conjunction with a biological The total taking of marine mammals by Reporting Requirements contractor, the Navy will continue its Level B harassment from vehicle launch land-based monitoring program to An interim technical report must be operations on SNI over the period of assess effects on the three common submitted to NMFS 60 days prior to the these regulations will have no more pinniped species on SNI: northern expiration of each annual LOA issued than a negligible impact on affected elephant seals, harbor seals, and under these regulations, along with a marine mammal stocks. NMFS is California sea lions. This monitoring request for a follow-on annual LOA. assured that the short-term impact of will occur at three different sites of This interim technical report will conducting missile launch operations varying distance from the launch site provide full documentation of methods, from SNI in the Channel Islands off before, during, and after each launch. results, and interpretation pertaining to southern California will result, at worst, The monitoring will be via autonomous all monitoring tasks for launches during in temporary modifications in behavior video cameras. the period covered by the LOA. by three species of pinnipeds. No take During the day of each missile launch, However, only preliminary information by injury and/or death is anticipated, the observer will place three digital will be available to be included for any and the potential for temporary or video cameras overlooking chosen haul launches during the 60–day period permanent hearing impairment is out sites. Each camera will be set to immediately preceding submission of unlikely. NMFS has determined that the record a focal subgroup within the haul the interim report to NMFS. In the requirements of section 101(a)(5)(A) of out aggregation for a maximum of 4 unanticipated event that any cases of the MMPA have been met and the LOAs hours or as permitted by the videotape pinniped mortality are judged to result can be issued. capacity. from launch activities at any time during the period covered by these National Environmental Policy Act Following each launch, all digital (NEPA) recordings will be transferred to DVDs regulations, this event will be reported for analysis. A DVD player/computer to NMFS immediately. NMFS has prepared an EA and made with high-resolution freeze-frame and The proposed 2003–04 launch a Finding of No Significant Impact jog shuttle will be used to facilitate monitoring activities will constitute the (FONSI). Therefore, preparation of an third year of formal, concurrent distance estimation, event timing, and environmental impact statement on this pinniped and acoustical monitoring characterization of behavior. Details of action is not required by section 102(2) during launches from SNI. The impacts analysis methods can be found in LGL of the NEPA or its implementing of launch activities on pinnipeds ashore Ltd. Environmental Research Associates regulations. A copy of the EA and were monitored under the 2001–2003 et al. (LGL, 2002). FONSI are available upon request (see IHAs. Additional monitoring will take ADDRESSES). Acoustical Measurements place under an LOA in 2003–2004. Following submission in 2004 of the ESA During each launch, the Navy will interim report on the monitoring under No species listed under the ESA is obtain calibrated recordings of the levels that LOA, the Navy and NMFS will expected to be affected by these and characteristics of the received discuss the scope of future launch activities. Therefore, NMFS has launch sounds. Acoustic data will be monitoring work on SNI. Some determined that a section 7 consultation acquired using three Autonomous biological or acoustic parameters may be under the ESA is not required. It should Terrestrial Acoustic Recorders (ATAR) documented adequately prior to or be noted however that an experimental at three different sites of varying during the first LOA (2003–2004), and it population of sea otters may be affected distances from the target’s flight path. may not be necessary to continue all by this action. Under Public Law 99– ATARs can record sounds for extended aspects of the monitoring work after the 625, this experimental population of sea periods (dependent on sampling rate) first year. Any modifications to the otters is treated as a proposed species without intervention by a technician, monitoring program will be documented for purposes of section 7 when the giving them the advantage over through publication in the Federal action (as here) is defense related. traditional digital audio tape (DAT) Register. Proposed species require an action recorders should there be prolonged In addition to annual LOA reports, agency to confer with NMFS or the U.S. launch delays of as long as 10 hours. To NMFS is requiring NAWS to submit a Fish and Wildlife Service under section the extent possible, acoustic recording draft comprehensive final technical 7 when the action is likely to jeopardize locations will correspond with the sites report to NMFS 180 days prior to the the continued existence of the species. where video monitoring is taking place. expiration of these regulations. This The information available does not The collection of acoustic data will technical report will provide full indicate that sea otters are likely to be provide information on the magnitude, documentation of methods, results, and jeopardized by this action. Therefore, a characteristics, and duration of sounds interpretation of all monitoring tasks for conference is not required. that pinnipeds may be exposed to launches during the first four LOAs, CZMA Consistency during a launch. In addition, the plus preliminary information for acoustic data can be combined with the launches during the first 6 months of On February 14, 2001, by a behavioral data collected via the land- the final LOA. unanimous vote, the California Coastal based monitoring program to determine Commission concluded that, with the if there is a dose-response relationship Determinations monitoring and mitigation commitments between received sound levels and Based on the evidence provided in the the Navy has incorporated into their pinniped behavioral reactions. Once application, the EA, and this document, various testing and training activities on collected, sound files will be transferred and taking into consideration the the Point Mugu Sea Range, including onto compact discs (CDs) and sent to the comments submitted on the application activities on SNI, and including the acoustical contractor for sound analysis. and proposed regulations, NMFS has commitment to enable continuing For further details regarding the determined that it will authorize the Commission staff review of finalized installation and calibration of the taking, by Level B harassment, of small monitoring plans and ongoing
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monitoring results, the activities are instructions, searching existing data in paragraph (a) of this section is limited consistent with the marine resources, sources, gathering and maintaining the to the following species: northern environmentally sensitive habitat and data needed, and completing and elephant seals (Mirounga angustirostris), water quality policies (Sections 30230, reviewing the collection-of-information. harbor seals (Phoca vitulina), and 30240, and 30231) of the California Send comments regarding these burden California sea lions (Zalophus Coastal Act. estimates, or any other aspect of this californianus). (c) This Authorization is valid only National Marine Sanctuaries Act data collection, including suggestions for reducing the burden, to NMFS and for activities associated with the According to the Navy, except for OMB (see ADDRESSES). launching of a total of 40 Vandal (or aircraft and vessel traffic transiting the similar sized) vehicles from Alpha area, none of the Navy’s proposed List of Subjects in 50 CFR Part 216 Launch Complex and smaller missiles activities would take place within the Exports, Fish, Imports, Indians, and targets from Building 807 on San Channel Islands National Marine Labeling, Marine mammals, Penalties, Nicolas Island, California. Sanctuary (CINMS). Also, all Navy Sea Reporting and recordkeeping Range test and training activities are requirements, Seafood, Transportation. § 216.152 Effective dates. Regulations in this subpart are consistent with CINMS regulations (15 Dated: August 25, 2003. CFR 920.70). effective from October 2, 2003 through Rebecca Lent. October 2, 2008. Classification Deputy Assistant Administrator for This action has been determined to be Regulatory Programs, National Marine § 216.153 Permissible methods of taking; mitigation. not significant for purposes of Executive Fisheries Service. Order 12866. ■ For reasons set forth in the preamble, (a) Under a Letter of Authorization At the proposed rule stage, the Chief 50 CFR part 216 is amended as follows: issued pursuant to § 216.106, the U.S. Counsel for Regulation of the Navy may incidentally, but not Department of Commerce certified to PART 216—REGULATIONS intentionally, take those marine the Chief Counsel for Advocacy of the GOVERNING THE TAKING AND mammal species specified in Small Business Administration, that this IMPORTING OF MARINE MAMMALS § 216.151(b) by Level B harassment, in final rule, if adopted, would not have a the course of conducting target missile 1. The authority citation for part 216 launch activities within the area significant economic impact on a continues to read as follows: substantial number of small entities described in § 216.151(a), provided all since it would apply only to the U.S. Authority: 16 U.S.C. 1361 et seq., unless terms, conditions, and requirements of otherwise noted. these regulations and such Letter of Navy and would have no effect, directly ■ or indirectly, on small businesses. It 2. Subpart N is added to read as Authorization are complied with. (b) The activity specified in § 216.151 may affect a small number of contractors follows: must be conducted in a manner that providing services related to reporting Subpart N—Taking of Marine Mammals minimizes, to the greatest extent the impact of the activity on marine Incidental to Missile Launch possible, adverse impacts on marine mammals, some of whom may be small Operations from San Nicolas Island, mammals and their habitat. When businesses, but the number involved CA conducting these activities, the would not be substantial. Further, since following mitigation measures must be the monitoring and reporting Sec. utilized: requirements are what would lead to the 216.151 Specified activity, geographical region, and incidental take levels. (1) The holder of the Letter of need for their services, the economic Authorization must prohibit personnel impact on them would be beneficial. 216.152 Effective dates. 216.153 Permissible methods of taking; from entering pinniped haul-out sites Because of this certification, a mitigation. below the missile’s predicted flight path regulatory flexibility analysis is not 216.154 Prohibitions. for 2 hours prior to planned missile required and none has been prepared. 216.155 Requirements for monitoring and launches. Notwithstanding any other provision reporting. (2) The holder of the Letter of of law, no person is required to respond 216.156 Letter of Authorization. Authorization must avoid launch to nor shall a person be subject to a 216.157 Renewal of the Letter of activities during harbor seal pupping Authorization. penalty for failure to comply with a season (February to April), when collection of information subject to the 216.158 Modifications to the Letter of Authorization. operationally practicable. requirements of the Paperwork (3) The holder of this Authorization Reduction Act (PRA) unless that Subpart N—Taking of Marine Mammals must limit launch activities during other collection of information displays a Incidental to Missile Launch pinniped pupping seasons, when currently valid OMB control number. Operations from San Nicolas Island, operationally practicable. This final rule contains collection-of- CA (4) The holder of the Letter of information requirements subject to the Authorization must not launch Vandal provisions of the PRA. These § 216.151 Specified activity, geographical target missiles from the Alpha Complex requirements have been approved by region, and incidental take levels. at low elevation (less than 1,000 feet OMB under control number 0648–0151, (a) Regulations in this subpart apply (304.8 m) on launch azimuths that pass and include applications for LOAs, and only to the incidental taking of marine close to pinniped haul-out sites). reports. mammals specified in paragraph (b) of (5) The holder of the Letter of The reporting burden for the this section by U.S. citizens engaged in Authorization must avoid, where approved collections-of-information is target missile launch activities at the practicable, launching multiple target estimated to be approximately 120 Naval Air Warfare Center Weapons missiles in quick succession over haul- hours for the annual applications for an Division facilities on San Nicolas Island, out sites, especially when young pups LOA, and a total of 120 hours for the California. are present. quarterly and annual reports. These (b) The incidental take of marine (6) The holder of the Letter of estimates include the time for reviewing mammals under the activity identified Authorization must limit launch
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activities during nighttime hours when observer(s) will place 3 autonomous § 216.155(d)(1)(iii) to the National operationally practicable. digital video cameras overlooking Marine Fisheries Service, Southwest (7) Aircraft and helicopter flight paths chosen haul-out sites located varying Regional Office, unless other must maintain a minimum altitude of distances from the missile launch site. arrangements for monitoring are agreed 1,000 feet (304.8 m) from pinniped haul- Each video camera will be set to record in writing. outs. a focal subgroup within the larger haul- (2) An initial report must be (8) If injurious or lethal take is out aggregation for a maximum of 4 submitted to the Office of Protected discovered during monitoring hours or as permitted by the videotape Resources, and the Southwest Regional conducted under § 216.155, the holder capacity. Office at least 60 days prior to the of the Letter of Authorization must (ii) Systematic visual observations, by expiration of each annual Letter of contact the Regional Administrator, observers described in paragraph (c) of Authorization. This report must contain Southwest Region, National Marine this section, on pinniped presence and the following information: Fisheries Service, or his/her designee, at activity will be conducted and recorded (i) Timing and nature of launch (562) 980–4023 within 48 hours and, in in a field logbook a minimum of 2 hours operations; cooperation with the National Marine prior to the estimated launch time and (ii) Summary of pinniped behavioral Fisheries Service, launch procedure, for at least 1 hour immediately observations; mitigation measures, and monitoring following the launch of all launch (iii) Estimate of the amount and methods must be reviewed and vehicles. nature of all takes by harassment or by appropriate changes made prior to the (iii) Documentation, both via other means. next launch. autonomous video camera and human (9) If post-test surveys determine that (3) A draft comprehensive technical observer, will consist of: report will be submitted to the Office of an injurious or lethal take of a marine (A) Numbers and sexes of each age mammal has occurred, the test Protected Resources and Southwest class in focal subgroups; Regional Office, National Marine procedure and the monitoring methods (B) Description and timing of launch must be reviewed and appropriate Fisheries Service, 180 days prior to the activities or other disruptive event(s); expiration of these regulations and changes must be made prior to (C) Movements of pinnipeds, conducting the next missile launch. providing full documentation of the including number and proportion methods, results, and interpretation of § 216.154 Prohibitions. moving, direction and distance moved, all monitoring tasks for launches to date and pace of movement; Notwithstanding takings authorized plus preliminary information for missile (D) Description of reactions; by § 216.151(b) and by a Letter of launches during the first 6 months of (E) Minimum distances between Authorization issued under § 216.106, the final Letter of Authorization. interacting and reacting pinnipeds; the following activities are prohibited: (F) Study location; (4) A revised final technical report, (a) The taking of a marine mammal (G) Local time; including all monitoring results during that is other than unintentional. (H) Substratum type; the entire period of the Letter of (b) The violation of, or failure to (I) Substratum slope; Authorization, will be due 90 days after comply with, the terms, conditions, and (J) Weather condition; the end of the period of effectiveness of requirements of this part or a Letter of (K) Horizontal visibility; and these regulations. Authorization issued under § 216.106. (L) Tide state. (5) Both the 60–day and draft (c) The incidental taking of any (2) Acoustic Monitoring. (i) During all comprehensive technical reports will be marine mammal of a species not target missile launches, calibrated subject to review and comment by the specified, or in a manner not recordings of the levels and National Marine Fisheries Service. Any authorized, in this subpart. characteristics of the received launch recommendations made by the National § 216.155 Requirements for monitoring sounds will be obtained from 3 different Marine Fisheries Service must be and reporting. locations of varying distances from the addressed in the final comprehensive (a) The holder of the Letter of target missile’s flight path. To the extent report prior to acceptance by the Authorization is required to cooperate practicable, these acoustic recording National Marine Fisheries Service. with the National Marine Fisheries locations will correspond with the haul- (f) Activities related to the monitoring Service and any other Federal, state or out sites where video and human described in paragraph (d) of this local agency monitoring the impacts of observer monitoring is done. section, or in the Letter of Authorization the activity on marine mammals. (ii) Acoustic recordings will be issued under § 216.106, may be (b) The National Marine Fisheries supplemented by the use of radar and conducted without the need for a Service must be notified immediately of telemetry systems to obtain the separate scientific research permit. any changes or deletions to any portions trajectory of target missiles in three (g) In coordination and compliance of the proposed monitoring plan dimensions. with appropriate Navy regulations, at its submitted in accordance with the Letter (iii) Acoustic equipment used to discretion, the National Marine of Authorization. record launch sounds will be suitable Fisheries Service may place an observer (c) The holder of the Letter of for collecting a wide range of on San Nicolas Island for any activity Authorization must designate parameters, including the magnitude, involved in marine mammal monitoring biologically trained, on-site observer(s), characteristics, and duration of each either prior to, during, or after a missile approved in advance by the National target missile. launch in order to monitor the impact Marine Fisheries Service, to record the (e) The holder of the Letter of on marine mammals. effects of the launch activities and the Authorization must implement the resulting noise on pinnipeds. following reporting requirements: § 216.156 Letter of Authorization. (d) The holder of the Letter of (1) For each target missile launch, the (a) A Letter of Authorization, unless Authorization must implement the lead contractor or lead observer for the suspended or revoked, will be valid for following monitoring measures: holder of the Letter of Authorization a period of time specified in the Letter (1) Visual Land-Based Monitoring. (i) must provide a status report on the of Authorization but may not exceed the Prior to each missile launch, an information required under period of validity of this subpart.
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(b) A Letter of Authorization with a § 216.158 Modifications to the Letter of (Magnuson-Stevens Act; 16 U.S.C. 1801 period of validity less than the period of Authorization. et seq.) governing the harvest of BFT by validity of this subpart may be renewed (a) Except as provided in paragraph persons and vessels subject to U.S. subject to renewal conditions in (b) of this section, no substantive jurisdiction are found at 50 CFR part § 216.157. modification, including withdrawal or 635. Section 635.27 subdivides the U.S. (c) A Letter of Authorization will set suspension, to the Letter of BFT quota recommended by the forth: Authorization issued pursuant to International Commission for the (1) Permissible methods of incidental § 216.106 and subject to the provisions Conservation of Atlantic Tunas (ICCAT) taking; of this subpart shall be made until after among the various domestic fishing (2) Specified geographic area for notice and an opportunity for public categories, and General category effort taking; comment. controls (including time-period (3) Means of effecting the least (b) If the Assistant Administrator subquotas and restricted fishing days practicable adverse impact on the determines that an emergency exists (RFDs)) are specified annually under 50 species of marine mammals authorized that poses a significant risk to the well- CFR 635.23(a) and 635.27(a). The 2003 for taking and its habitat; and being of the species or stocks of marine BFT Quota Specifications and General (4) Requirements for monitoring and mammals specified in § 216.151(b), the category effort controls were proposed reporting incidental takes. (d) Issuance of a Letter of Letter of Authorization issued pursuant on July 10, 2003 (68 FR 41103). to § 216.106 may be substantively Authorization will be based on a Adjustment of Daily Retention Limit determination that the number of modified without prior notice and an marine mammals taken by the activity opportunity for public comment. Under § 635.23 (a)(4), NMFS may will be small, and that the level of Notification will be published in the increase or decrease the General taking will be consistent with the Federal Register subsequent to the category daily retention limit of large findings made for the total taking action. medium and giant BFT over a range allowable under these regulations. [FR Doc. 03–22185 Filed 8–29–03; 8:45 am] from zero (on RFDs) to a maximum of (e) Notice of issuance or denial of a BILLING CODE 3510–22–S three per vessel to allow for maximum Letter of Authorization will be utilization of the quota for BFT. Based published in the Federal Register on a review of dealer reports, daily within 30 days of a determination. DEPARTMENT OF COMMERCE landing trends, available quota, and the availability of BFT on the fishing § 216.157 Renewal of a Letter of National Oceanic and Atmospheric grounds, NMFS has determined that an Authorization. Administration increase of the daily retention limit for (a) A Letter of Authorization issued the September time-period is under § 216.106 and § 216.156 for the 50 CFR Part 635 appropriate and necessary to maximize activity specified in § 216.151 will be [I.D. 082203D] use of the full, adjusted September renewed annually upon: subquota. Based on current and (1) Notification to the National Marine Atlantic Highly Migratory Species historical General category landings Fisheries Service that the activity Fisheries; Atlantic Bluefin Tuna rates in the June through August time- described in the application for a Letter period, it is highly unlikely that the of Authorization submitted under AGENCY: National Marine Fisheries June through August subquota will be § 216.156 will be undertaken and that Service (NMFS), National Oceanic and filled in the remaining fishing days. At there will not be a substantial Atmospheric Administration (NOAA), current catch rates and a daily retention modification to the described work, Commerce. limit of one BFT per vessel, it is also mitigation, or monitoring undertaken ACTION: Atlantic bluefin tuna retention unlikely that the adjusted September during the upcoming season; limit adjustment. subquota will be attained in the (2) Timely receipt of the monitoring September time-period. Therefore, reports required under § 216.155, and SUMMARY : This action adjusts the NMFS adjusts the General category acceptance by the National Marine Atlantic bluefin tuna (BFT) General daily retention limit through September Fisheries Service; category daily retention limit to allow (3) A determination by the National 30 to two large medium or giant BFT per for maximum utilization of the General vessel. Marine Fisheries Service that the category adjusted September time- The intent of this adjustment is to mitigation, monitoring, and reporting period subquota. NMFS increases the allow for maximum utilization by measures required under §§ 216.153 and daily retention limit to two large General category participants of the 216.155 and the Letter of Authorization medium or giant BFT through subquota for the September time-period were undertaken and will be undertaken September 30, 2003. This action is being (specified under 50 CFR 635.27(a)), during the upcoming period of validity taken to provide increased fishing (which has been adjusted by the quota of a renewed Letter of Authorization; opportunities in all areas without carryover from the June through August and risking overharvest of the General time-period subquota), to help achieve (4) A determination that the number category quota. of marine mammals taken by the optimum yield in the General category DATES: Effective September 1, 2003 activity continues to be small and that fishery, to collect a broad range of data through September 30, 2003. the level of taking will be consistent for stock monitoring purposes, and to be with the findings made for the total FOR FURTHER INFORMATION CONTACT: Brad consistent with the objectives of the taking allowable under these McHale, 978–281–9260. HMS FMP. regulations. SUPPLEMENTARY INFORMATION: Closures or subsequent adjustments to (b) A notice of issuance or denial of Regulations implemented under the the daily retention limit, if any, will be a renewal of a Letter of Authorization authority of the Atlantic Tunas published in the Federal Register. In will be published in the Federal Convention Act (16 U.S.C. 971 et seq.) addition, owners/operators may call the Register within 30 days of a and the Magnuson-Stevens Fishery Atlantic Tunas Information Line at (888) determination. Conservation and Management Act 872–8862 or (978) 281–9305 for updates
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on quota monitoring and retention limit harvested. Vessels issued a commercial information, that Massachusetts has adjustments. Federal fisheries permit for the summer harvested its quota for 2003. flounder fishery may not land summer The regulations at § 648.4(b) provide Classification flounder in Massachusetts for the that Federal permit holders agree, as a The Assistant Administrator for remainder of calendar year 2003, unless condition of the permit, not to land Fisheries, NOAA (AA), finds that it is additional quota becomes available summer flounder in any state that the impracticable and contrary to the public through a transfer. Regulations Regional Administrator has determined interest to provide prior notice of, and governing the summer flounder fishery no longer has commercial quota an opportunity for public comment on, require publication of this notification available. Therefore, effective 0001 this action. Catch rates for the 2003 BFT to advise Massachusetts that the quota hours, September 2, 2003, further season have been extremely low and, at has been harvested and to advise vessel landings of summer flounder in the current rate of landings, it is highly permit holders and dealer permit Massachusetts by vessels holding unlikely that the available quota will be holders that no commercial quota is summer flounder commercial Federal harvested by September 30, 2003. available for landing summer flounder fisheries permits are prohibited for the Delaying this action would further in Massachusetts. remainder of the 2003 calendar year, exacerbate this problem. Large amounts unless additional quota becomes DATES: Effective 0001 hours, September of unharvested quota will have negative available through a transfer and is 2, 2003, through 2400 hours, December social and economic impacts to U.S. announced in the Federal Register. 31, 2003. fishermen that depend upon catching Effective 0001 hours, September 2, the available quota within the time FOR FURTHER INFORMATION CONTACT: 2003, federally permitted dealers are periods designated in the Fishery Jason Blackburn, Fishery Management also notified that they may not purchase Management Plan for Atlantic Tunas, Specialist, (978) 281–9326, e-mail summer flounder from federally Swordfish, and Sharks. Therefore, the [email protected] permitted vessels that land in AA finds good cause under 5 U.S.C. SUPPLEMENTARY INFORMATION: Massachusetts for the remainder of the 553(b)(B) to waive prior notice and the Regulations governing the summer calendar year, or until additional quota opportunity for public comment. For all flounder fishery are found at 50 CFR becomes available through a transfer. of the above reasons, and because this part 648. The regulations require annual Classification action relieves a restriction (i.e., allows specification of a commercial quota that This action is required by 50 CFR part the retention of more fish), there is also is apportioned on a percentage basis good cause under 5 U.S.C. 553(d) to 648 and is exempt from review under among the coastal states from North Executive Order 12866. waive the delay in effectiveness of this Carolina through Maine. The process to ≤ action. set the annual commercial quota and the Authority: 16 U.S.C. 1801 et seq. This action is being taken under 50 percent allocated to each state is Dated: August 27, 2003. CFR 635.23(a)(4) and is exempt from described in § 648.100. Bruce C. Morehead, review under Executive Order 12866. The initial total commercial quota for Acting Director, Office of Sustainable Authority: 16 U.S.C. 971 et seq. and 1801 summer flounder for the 2003 calendar Fisheries, National Marine Fisheries Service. et seq. year was set equal to 13,980,028 lb [FR Doc. 03–22337 Filed 8–27–03; 2:53 pm] Dated: August 26, 2003. (6,341,235 kg)(68 FR 60, January 2, BILLING CODE 3510–22–S Bruce C. Morehead, 2003). The percent allocated to vessels Acting Director, Office of Sustainable landing summer flounder in Fisheries, National Marine Fisheries Service. Massachusetts is 6.82046 percent, DEPARTMENT OF COMMERCE [FR Doc. 03–22339 Filed 8–27–03; 2:54 pm] resulting in an initial commercial quota National Oceanic and Atmospheric BILLING CODE 3510–22–S of 953,502 lb (432,501 kg). The 2003 allocation was adjusted downward due Administration to an overage of the 2002 quota of DEPARTMENT OF COMMERCE 42,498 lb (19,277 kg) as of October 31, 50 CFR Part 679 2002. The resulting adjusted 2003 [Docket No. 021122286–3036–02; I.D. National Oceanic and Atmospheric commercial quota for Massachusetts is 082603A] Administration 911,004 lb (413,229 kg). The 2003 allocation was further reduced to Fisheries of the Exclusive Economic 50 CFR Part 648 907,274 lb (411,537 kg) due to research Zone Off Alaska; Pollock in Statistical [Docket No. 021122284–2323–02; I.D. set-aside. Area 630 of the Gulf of Alaska 082503B] Section 648.101(b) requires the AGENCY: National Marine Fisheries Administrator, Northeast Region, NMFS Service (NMFS), National Oceanic and Fisheries of the Northeastern United (Regional Administrator) to monitor Atmospheric Administration (NOAA), States; Summer Flounder Fishery; state commercial quotas and to Commerce. Commercial Quota Harvested for determine when a state’s commercial ACTION: Closure. Massachusetts quota has been harvested. NMFS then AGENCY: National Marine Fisheries publishes a notification in the Federal SUMMARY: NMFS is prohibiting directed Service (NMFS), National Oceanic and Register to advise the state and to notify fishing for pollock in Statistical Area Atmospheric Administration (NOAA), Federal vessel and dealer permit holders 630 of the Gulf of Alaska (GOA). This Commerce. that, effective upon a specific date, the action is necessary to prevent exceeding the C season allowance of the pollock ACTION: Notification of a closure of a state’s commercial quota has been total allowable catch (TAC) for commercial fishery. harvested and no commercial quota is available for landing summer flounder Statistical Area 630 of the GOA. SUMMARY: NMFS announces that the in that state. The Regional DATES: Effective 1200 hrs, Alaska local summer flounder commercial quota Administrator has determined, based time (A.l.t.), August 27, 2003, through available to Massachusetts has been upon dealer reports and other available 1200 hrs, A.l.t., September 15, 2003.
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FOR FURTHER INFORMATION CONTACT: Josh therefore reduce the public’s ability to from NMFS, Alaska Region, P.O. Box Keaton, 907–586–7228. use and enjoy the fishery resource. 21668, Juneau, AK 99802–1668, Attn: SUPPLEMENTARY INFORMATION: NMFS The AA also finds good cause to Lori Durall, or by calling (907) 586– manages the groundfish fishery in the waive the 30–day delay in the effective 7228. GOA exclusive economic zone date of this action under 5 U.S.C. FOR FURTHER INFORMATION CONTACT: Jeff according to the Fishery Management 553(d)(3). This finding is based upon Hartman, NMFS, Alaska Region, 907– Plan for Groundfish of the Gulf of the reasons provided above for waiver of 586–8743 or [email protected]. Alaska (FMP) prepared by the North prior notice and opportunity for public SUPPLEMENTARY INFORMATION: NMFS comment. Pacific Fishery Management Council manages the groundfish fishery in the This action is required by § 679.20 under authority of the Magnuson- exclusive economic zone of the BSAI and is exempt from review under Stevens Fishery Conservation and under the FMP. The North Pacific Management Act. Regulations governing Executive Order 12866. Fishery Management Council (Council) fishing by U.S. vessels in accordance Authority: 16 U.S.C. 1801 et seq. prepared the FMP under the authority of with the FMP appear at subpart H of 50 the Magnuson-Stevens Act (16 U.S.C. CFR part 600 and 50 CFR part 679. Dated: August 27, 2003. The C season allowance of the pollock Bruce C. Morehead, 1801 et seq.). Regulations implementing TAC in Statistical Area 630 is 3,517 Acting Director, Office of Sustainable the FMP appear at 50 CFR part 679. metric tons (mt) as established by the Fisheries, National Marine Fisheries Service. General regulations governing U.S. final 2003 harvest specifications for [FR Doc. 03–22338 Filed 8–27–03; 2:53 pm] fisheries also appear at 50 CFR part 600. groundfish of the GOA (68 FR 9924, BILLING CODE 3510–22–S Purpose and Need for Amendment 75 March 3, 2003). In accordance with The Sustainable Fisheries Act of 1996 § 679.20(a)(5)(iii)(B), the Administrator, (Public Law 104—297) effected Alaska Region, NMFS, (Regional DEPARTMENT OF COMMERCE numerous amendments to the Administrator) hereby reduces the C Magnuson-Stevens Act, including the season pollock TAC by 387 mt, the National Oceanic and Atmospheric addition of a new National Standard 9. amount of the harvest previously taken Administration This standard requires that conservation in excess of the A and B season pollock and management measures, to the extent allowances in Statistical Area 630 and 50 CFR Part 679 practicable, (A) minimize bycatch and, split equally between the C and D [Docket No. 030320066–3192–02; I.D. to the extent bycatch cannot be avoided, seasons. The revised C season allowance 022103D] of pollock TAC in Statistical Area 630 (B) minimize the mortality of such is therefore 3,130 mt (3,517 mt minus RIN 0648–AQ78 bycatch. In response to National 387 mt). Standard 9 the Council adopted a In accordance with § 679.20(d)(1)(i), Fisheries of the Exclusive Economic regulatory program in 1997 to reduce the Regional Administrator has Zone Off Alaska; Removal of Full the amount of groundfish discards in determined that the revised C season Retention and Utilization Requirements the groundfish fisheries off Alaska. This allowance of the pollock TAC in for Rock Sole and Yellowfin Sole program, known as the Improved Retention/Improved Utilization (IR/IU) Statistical Area 630 has been reached. AGENCY: National Marine Fisheries Program, was adopted as Amendment Therefore, the Regional Administrator is Service (NMFS), National Oceanic and establishing a directed fishing 49 to the FMP. The IR/IU program Atmospheric Administration (NOAA), requires that vessels fishing for allowance of 3,080 mt, and is setting Commerce. aside the remaining 50 mt as bycatch to groundfish in Alaska retain all pollock ACTION: Final rule. support other anticipated groundfish and Pacific cod beginning in 1998 when directed fishing for those species is fisheries. In accordance with SUMMARY: NMFS issues regulatory open. Under Amendment 49, the IR/IU § 679.20(d)(1)(iii), the Regional changes to implement the partial program expanded on January 1, 2003, Administrator finds that this directed approval of Amendment 75 to the to include all rock sole and yellowfin fishing allowance will soon be reached. Fishery Management Plan for the sole in the BSAI (flatfish IR/IU). Consequently, NMFS is prohibiting Groundfish Fishery of the Bering Sea As the effective date of flatfish IR/IU directed fishing for pollock in Statistical and Aleutian Islands Area (FMP). As approached, industry representatives Area 630 of the GOA. partially approved, this amendment testified to the Council that some sectors Maximum retainable amounts may be eliminates all reference to the of the BSAI trawl fleet would not be found in the regulations at § 679.20(e) requirements for 100–percent retention able to accommodate full retention and and (f). and utilization of rock sole and utilization of rocksole and yellowfin yellowfin sole in the groundfish Classification sole due to insufficient markets and/or fisheries of the Bering Sea and Aleutian This action responds to the best processing constraints and costs. Thus, Islands Management Area (BSAI). This available information recently obtained flatfish IR/IU would force vessel owners action is necessary to amend regulations from the fishery. The Assistant to choose to no longer participate in the to maintain consistency with the the Administrator for Fisheries, NOAA BSAI fisheries. In response, the Council Magnuson-Stevens Fishery Management (AA), finds good cause to waive the initiated an analysis to assess these and Conservation Act (Magnuson- requirement to provide prior notice and concerns and whether alternative Stevens Act), the FMP, and other opportunity for public comment management programs could be applicable laws. pursuant to the authority set forth at 5 implemented by January 1, 2003, to U.S.C. 553(b)(B) as such requirement is DATES: Effective on October 2, 2003. reduce discard rates while still contrary to the public interest. This ADDRESSES: Copies of the providing for historical participation in requirement is contrary to the public Environmental Assessment/Regulatory the BSAI fisheries. interest as it would delay the closure of Impact Review/Final Regulatory In October 2002, the Council the fishery, lead to exceeding the C Flexibility Analysis (EA/RIR/FRFA) concluded that while several alternative season TAC in Statistical Area 630, and prepared for this action may be obtained proposals under consideration showed
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merit, they were not sufficiently However, the record for this action does the BSAI were removed from the FMP developed and analyzed in a manner not show how overall benefits outweigh and its implementing regulations. that would allow for implementation on the costs. Approval of Amendment 75 Classification January 1, 2003. Therefore, the Council also would have resulted in significant adopted a preferred alternative for adverse economic impacts that are This final rule has been determined to Amendment 75 to the FMP to delay inconsistent with the problem statement be not significant for purposes of implementing the 100–percent retention for Amendment 75, National Standard 7 Executive Order 12866. requirements for rock sole and yellowfin and National Standard 9. Thus, partial The Council prepared an initial sole until June 1, 2004. The intent of approval of Amendment 75 was regulatory flexibility analysis (IRFA) this action was to provide the Council necessary to provide sufficient that described the economic impact of and industry with additional time to opportunity for the Council to either the proposed rule, if adopted, would develop alternative regulatory proposals develop a record for Amendment 75 or have on small entities. A summary of to reduce discard amounts. develop other options for refining the the IRFA was included in the Notice of The Council submitted Amendment IR/IU program, without the immediate Availability of Supplementary 75 for review by the Secretary of imposition of full retention of IR/IU Information (68 FR 19182, April 18, Commerce and a Notice of Availability flatfish species in the BSAI. 2003). The IRFA identified small and of the FMP amendment was published large entities that could be affected by in the Federal Register on February 28, Elements of the Final Rule the proposed rule and associated 2003 (68 FR 9630). Comments on this This final rule would remove alternatives in the analysis. In proposed Amendment were invited regulatory requirements for retention Alternative 1 (the status quo) the through April 29, 2003. The proposed and utilization of rock sole and imposition of a 100 percent IR/IU rule was published on March 28, 2003 yellowfin sole in the BSAI. No other flatfish retention standard for rock sole (68 FR 15144), and was followed by a regulatory actions are contained in this and yellowfin sole in the BSAI would notice of additional supplementary final rule. decrease revenues of small vessels while information on April 18, 2003 (68 FR having little impact on larger vessels. 19182), to summarize additional Changes from the Proposed Rule to the This reduction in revenues could cause information on the Initial Regulatory Final Rule some of the smaller sized head and gut Flexibility Analysis (IRFA). Comments This final rule differs from the trawl catcher/processor vessels to exit on the proposed rule and proposed rule in that it does not include fisheries in which these species are supplementary information were invited a delay in the implementation of the IR/ caught. Alternative 2, which would through May 12, 2003. NMFS received IU retention and utilization have allowed some discards of flatfish 4 letters by the end of the comment requirements for rock sole and yellowfin species, was anticipated to have some periods on the proposed amendment sole in the BSAI. Instead, regulatory economic and operational impacts on and its implementing rule, all provisions for flatfish IR/IU are small entities, but also was deemed to requesting an indefinite delay or removed. This change is necessary to be impossible to enforce. Alternative 3 removal of the flatfish IR/IU conform regulations to the partial would have delayed imposition of IR/IU requirement for the BSAI groundfish approval of Amendment 75. flatfish rules for up to 3 years, with the fisheries. These comments are expectation that some form of fishing Response to Comments summarized and responded to in the cooperative system would ease the Response to Comments section, below. The proposed rule to implement economic burden of IR/IU flatfish rules A summary of the analysis on Amendment 75 was published on in the BSAI. Alternative 4 would have Amendment 75, including the Council’s March 28, 2003 (68 FR 15144), with exempted selected fisheries from IR/IU preferred alternative, was provided in comments invited through May 12, flatfish regulations based upon the proposed rule (68 FR 15144, March 2003. NMFS received 4 comment letters historical flatfish discard rates, but this 28, 2003) and the Notice of Availability on the proposed rule, all of which would not mitigate the immediate of Supplemental Information (68 FR address the adverse economic burden on small head and gut catcher/ 19182 April 18, 2003). On May 29, 2003, implications of the BSAI flatfish IR/IU processor vessels. The Council’s the Secretary of Commerce partially program. preferred alternative was a modification approved the Council’s preferred Comment: NMFS should rescind the of Alternative 3 that proposed a delay of alternative for Amendment 75. In doing flatfish IR/IU program in the BSAI, or IR/IU flatfish regulations for 18 months so, the Secretary continued the IR/IU put it on indefinite hold, because a to temporarily ease the economic program for pollock and Pacific cod, but delay until June 2004 will not provide burden of flatfish IR/IU but ultimately delayed indefinitely the flatfish IR/IU sufficient time to implement alternative would impose the full economic program by removing reference to this strategies to reduce discards of these burden, unless other mitigating program from the FMP. Full approval of species. Furthermore, significant regulatory actions were to be the Council’s preferred alternative progress already has been made implemented before the date that IR/IU would have been inconsistent with the voluntarily to reduce discards since flatfish rules would be implemented. No Administrative Procedure Act, which 1997. The non-American Fisheries Act comments were submitted in response requires that the administrative record trawl catcher processor fleet alone has to the IRFA. for an action include an explanation of reduced yellowfin sole and rock sole NMFS prepared a final regulatory the rational connection between the discards by over 40 percent during the flexibility analysis (FRFA) for the partial analysis and decision. The past 5 years. approval of Amendment 75 that administrative record for Amendment Response: As explained above, the contains the items specified in 5 U.S.C. 75 shows that if flatfish IR/IU Secretary has determined that the 604(a). The FRFA consists of the IRFA, regulations were to be implemented proposed delay of the flatfish IR/IU the comments and responses to the after the 18–month delay date of June program was inconsistent with the proposed rule, and the analyses 2004, they would result in significant Administrative Procedure Act and completed in support of this action. A adverse economic impacts on some National Standards 7 and 9. Thus, the copy of the IRFA is available from the participants in the groundfish fisheries. existing provisions for flatfish IR/IU in Council (see ADDRESSES). The preamble
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to the proposed rule included a detailed Description of Projected Reporting, required to prepare a FRFA, the agency summary of the analyses contained in Recordkeeping, and Other Compliance shall publish one or more guides to the IRFA, and that discussion is not Requirements assist small entities in complying with repeated in its entirety here. A description of projected reporting, the rule, and shall designate such publications as ‘‘small entity Statement of Objective and Need recordkeeping, and other compliance requirements is provided in the IRFA compliance guides.’’ The agency shall A description of the reasons why this and IRFA summary contained in the explain the actions a small entity is required to take to comply with a rule action is being considered, and the Classification section of the proposed or group of rules. This paragraph serves objectives of and legal basis for this rule and is not repeated here. as the small entity compliance guide. action are contained in the preamble to Steps Taken to Minimize Economic Small entities are not required to take the proposed rule and are not repeated Impacts on Small Entities any additional actions to comply with here. Environmental impacts of the this action. This action does not require Summary of Significant Issues Raised alternatives, including the Council’s any additional compliance from small in Public Comments preferred Alternative and the Approved entities. Copies of this final rule are alternative, are expected to be available from NMFS (see ADDRESSES) No public comments were received insignificant based on the information and at the following web site: http:// that related to the IRFA on this rule. and assessments are contained in www.fakr.noaa.gov/ Although 4 comments were received on Chapter 2 of the EA/RIR/FRFA. The List of Subjects in 50 CFR Part 679 the general economic impacts of the IR/ Council’s preferred alternative, and IU program, these comments were not alternatives 1 through 4, would not have Alaska, Fisheries, Recordkeeping and specific to the analyses contained in the fully mitigated the adverse economic reporting requirements. effects of IR/IU rules for flatfish on IRFA. For a summary of the comments Dated: August 26, 2003. small entities because neither the received, refer to the section above titled Rebecca Lent, ‘‘Comments and Responses.’’ Council nor the Secretary could guarantee that mitigating actions would Deputy Assistant Administrator for Description and Estimate of Number of have relieved the costs of full retention Regulation Programs, National Marine Fisheries Service. Small Entities to Which the Rule Will of IR/IU flatfish species by June 2004. Apply The partial approval action of May ■ For the reasons set forth in the 2003, will allow the benefits of the preamble, 50 CFR part 679 is amended A description and estimate of the economic activity associated with these as follows: number of small entities to which the fisheries to accrue to vessel operators, rule will apply is provided in the IRFA crew and fishing communities, until the PART 679—FISHERIES OF THE and IRFA summary contained in the Council chooses to implement new IR/ EXCLUSIVE ECONOMIC ZONE OFF Classification section of the proposed IU policies. Furthermore, the partial ALASKA rule and in the notice of additional approval action will provide Council, ■ supplementary information and is not industry, and the managing agencies 1. The authority citation for 50 CFR repeated here. The final rule has been time to develop measures that may meet part 679 continues to read as follows: modified from the proposed rule and bycatch reduction needs, while allowing Authority: 16 U.S.C. 773 et seq., 1801 et the FRFA includes an analysis of the the industry to continue to provide seq., and 3631 et seq.; Title II of Division C, approved alternative that would fishery benefits to the nation. A copy of Pub. L. 105–277; Sec. 3027, Pub. L. 106–31, 113 Stat. 57. permanently mitigate the impacts of this analysis is available from NMFS flatfish IR/IU upon small entities by (see ADDRESSES). § 679.27 [Amended] removing all reference to flatfish IR/IU Small Entity Compliance Guide ■ 2. In § 679.27, paragraphs (b)(3) and (b)(4) are removed and paragraph (b)(5) in the BSAI FMP and implementing Section 212 of the Small Business is redesignated as (b)(3). regulations. The number of small Regulatory Enforcement Fairness Act of entities to which the rule will apply has 1996 states that, for each rule or group [FR Doc. 03–22342 Filed 8–29–03; 8:45 am] not been affected by these changes. of related rules for which an agency is BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 68, No. 169
Tuesday, September 2, 2003
This section of the FEDERAL REGISTER through Friday, except Federal holidays. How Can I Be Sure FAA Receives My contains notices to the public of the proposed You may also send comments Comment? issuance of rules and regulations. The electronically to the following address: purpose of these notices is to give interested 9–ACE–7–[email protected]. Comments If you want FAA to acknowledge the persons an opportunity to participate in the sent electronically must contain receipt of your mailed comments, you rule making prior to the adoption of the final must include a self-addressed, stamped rules. ‘‘Docket No. 2003–CE–31–AD’’ in the subject line. If you send comments postcard. On the postcard, write electronically as attached electronic ‘‘Comments to Docket No. 2003–CE–31– AD.’’ We will date stamp and mail the DEPARTMENT OF TRANSPORTATION files, the files must be formatted in Microsoft Word 97 for Windows or postcard back to you. Federal Aviation Administration ASCII text. Discussion You may get service information that What Events Have Caused This 14 CFR Part 39 applies to this proposed AD from Anjou Proposed AD? [Docket No. 2003–CE–31–AD] Aeronautique, 13 Avenue De L’Osier, 49125 Tierce, France; telephone: 33 0 2 The FAA issued Special RIN 2120–AA64 41 42 88 92; facsimile: 33 0 2 41 42 15 Airworthiness Information Bulletin 77. You may also view this information Airworthiness Directives; Anjou (SAIB) Number CE–02–44, dated at the Rules Docket at the address above. Aeronautique Safety Belts and September 4, 2002, for SOCATA— Restraint Systems FOR FURTHER INFORMATION CONTACT: Karl Groupe AEROSPATIALE (SOCATA) Schletzbaum, Aerospace Engineer, FAA, Model TBM 700 airplanes, concerning AGENCY: Federal Aviation Small Airplane Directorate, 901 Locust, ANJOU seat belts. At that time, FAA did Administration, DOT. Room 301, Kansas City, Missouri 64106; not make a determination of an unsafe ACTION: Notice of proposed rulemaking telephone: (816) 329–4146; facsimile: condition and take AD action. (NPRM). (816) 329–4090. Later, FAA issued SAIB Number CE– 03–06, dated November 7, 2002, for SUMMARY: This document proposes to SUPPLEMENTARY INFORMATION: SOCATA Rallye 150T, Rallye 150ST, adopt a new airworthiness directive Comments Invited Rallye 235E, and Rallye 235C airplanes, (AD) that would apply to certain Anjou concerning ANJOU seat belts. Again, Aeronautique (ANJOU) (formerly TRW How Do I Comment on This Proposed FAA then did not make a determination Repa S.A., formerly L’AIGLON) safety AD? of an unsafe condition and take AD belts and restraint systems that are The FAA invites comments on this action. installed in aircraft. This proposed AD proposed rule. You may submit would require you to inspect safety belts Continued field reports were received whatever written data, views, or of inadvertent unbuckling of the ANJOU and restraint systems for defects and arguments you choose. You need to service life limits, and, if necessary, seat belts. Two safety recommendations include the proposed rule’s docket were made to take FAA AD action repair safety belts and restraint systems number and submit your comments to that have not reached service life limits; (NPRM) to propose to require the address specified under the caption replacement of certain safety belts and and replace safety belts and restraint ADDRESSES. We will consider all restraint systems. systems that have reached service life comments received on or before the limits. This proposed AD is the result of closing date. We may amend this In light of the field reports and safety field reports of inadvertent unbuckling proposed rule in light of comments recommendations, we issued a proposal of the ANJOU seat belts and two safety received. Factual information that to amend part 39 of the Federal Aviation recommendations to take AD action. supports your ideas and suggestions is Regulations (14 CFR part 39) to include The actions specified by this proposed extremely helpful in evaluating the an AD that would apply to all SOCATA AD are intended to detect and correct effectiveness of this proposed AD action Models TB 9, TB 10, TB 20, TB 21, TB defective safety belts and restraint and determining whether we need to 200, TMB 700, Rallye 100S, Rallye systems, which could result in failure of take additional rulemaking action. 150T, Rallye 150ST, Rallye 235E, and the safety belts and restraint systems. Rallye 235C airplanes. This proposal Such failure could lead to lack of Are There Any Specific Portions of This was published in the Federal Register occupant restraint during normal or Proposed AD I Should Pay Attention to? as a notice of proposed rulemaking crash loads. The FAA specifically invites (NPRM) on March 7, 2003 (68 FR DATES: The Federal Aviation comments on the overall regulatory, 11015). The NPRM proposed to require Administration (FAA) must receive any economic, environmental, and energy you to replace certain safety belts and comments on this proposed rule on or aspects of this proposed rule that might restraint systems. before November 10, 2003. suggest a need to modify the rule. You Comments received on the NPRM ADDRESSES: Submit comments to FAA, may view all comments we receive suggest that FAA withdraw the proposal Central Region, Office of the Regional before and after the closing date of the and that FAA consider issuing a new Counsel, Attention: Rules Docket No. rule in the Rules Docket. We will file a NPRM to propose that you: 2003–CE–31–AD, 901 Locust, Room report in the Rules Docket that • Inspect certain ANJOU safety belts 506, Kansas City, Missouri 64106. You summarizes each contact we have with and restraint systems that are installed may view any comments at this location the public that concerns the substantive in airplanes for defects and service life between 8 a.m. and 4 p.m., Monday parts of this proposed AD. limits;
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• Repair defective safety belts and • Replacing defective buckle springs; How Does the Revision to 14 CFR Part restraint systems that have not reached and 39 Affect This Proposed AD? service life limits; and • Replacing safety belts and restraint • Replace safety belts and restraint systems when the service life limit is On July 10, 2002, FAA published a systems that have reached service life reached. new version of 14 CFR part 39 (67 FR limits. 47997, July 22, 2002), which governs We agree, and therefore, are The FAA’s Determination and an FAA’s AD system. This regulation now withdrawing that NPRM. Explanation of the Provisions of This includes material that relates to special Proposed AD What Are the Consequences if the flight permits, alternative methods of Condition Is Not corrected? What Has FAA Decided? compliance, and altered products. This material previously was included in These defective safety belts and After examining the circumstances each individual AD. Since this material restraint systems could result in failure and reviewing all available information is included in 14 CFR part 39, we will of the safety belts and restraint systems. related to the incidents described above, Such failure could lead to lack of we have determined that: not include it in future AD actions. occupant restraint during normal or • The unsafe condition referenced in Cost Impact crash loads. this document exists or could develop on type design aircraft that incorporate How Many Aircraft Would This Is There Service Information That Proposed AD Impact? Applies to This Subject? ANJOU safety belts and restraint systems, types 343 and 343–1; We estimate that at least 617 aircraft ANJOU has issued this service • The ANJOU safety belts and in the U.S. registry could have the information: restraint systems, types 343 and 343–1, • Service Bulletin No. 343–25–02, affected ANJOU safety belts and should be immediately inspected for Issue 1, dated October 23, 2001; and restraint systems installed. Some aircraft correct installation and eventually • Service Bulletin No. 343–1–25–01, have more than one unit installed. Issue 1, dated October 23, 2001. replaced; and • AD action should be taken in order What Would Be the Cost Impact of This What Are the Provisions of This Service to correct this unsafe condition. Proposed AD on Owners/Operators of Information? What Would This Proposed AD Require? the Affected Airplanes? The service bulletins include procedures for: This proposed AD would require you We estimate the following costs to • Inspecting the buckles of the safety to incorporate the actions in the accomplish this proposed inspection belts and restraint systems for defects; previously-referenced service bulletins. and repair:
Total cost per 6 safety belts Labor cost Parts cost and restraint systems
1 workhour per 6 safety belts and restraint systems × $65 per hour = $65 ...... No cost ...... $65.
The number of installed safety belts operate another affected airplane for a Would This Proposed AD Involve a and restraint systems may vary by considerable amount of time without Significant Rule or Regulatory Action? individual aircraft configuration. experiencing defective safety belts and For the reasons discussed above, I Therefore, we have no way of restraint systems. Therefore, to assure certify that this proposed action (1) is determining the replacement cost for that any defective safety belt and not a ‘‘significant regulatory action’’ this proposed AD. restraint system is detected and under Executive Order 12866; (2) is not Compliance Time of This Proposed AD corrected in a timely manner without a ‘‘significant rule’’ under DOT inadvertently grounding any of the Regulatory Policies and Procedures (44 What Would Be the Compliance Time of affected airplanes, we are utilizing a FR 11034, February 26, 1979); and (3) if This Proposed AD? compliance time based upon both hours promulgated, will not have a significant The compliance time of this proposed TIS and calendar time. economic impact, positive or negative, AD is within 50 hours time-in-service or on a substantial number of small entities 4 calendar months after the effective Regulatory Impact under the criteria of the Regulatory date of this AD, whichever occurs first. Would This Proposed AD Impact Flexibility Act. A copy of the draft Why Is The Compliance Time of This Various Entities? regulatory evaluation prepared for this Proposed AD Presented in Both Hours action has been placed in the Rules TIS and Calendar Time? The regulations proposed herein Docket. A copy of it may be obtained by would not have a substantial direct contacting the Rules Docket at the Defective safety belts and restraint effect on the States, on the relationship location provided under the caption systems are a direct result of use of the between the national government and ADDRESSES. safety belts and restraint systems. the States, or on the distribution of However, defective safety belts and List of Subjects in 14 CFR Part 39 power and responsibilities among the restraint systems are not necessarily a various levels of government. Therefore, Air transportation, Aircraft, Aviation result of repetitive airplane operation. safety, Safety. For example, defective safety belts and it is determined that this proposed rule restraint systems could occur on an would not have federalism implications The Proposed Amendment affected airplane within a short period under Executive Order 13132. Accordingly, under the authority of airplane operation while you could delegated to me by the Administrator,
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the Federal Aviation Administration Anjou Aeronautique (Formerly TRW REPA (ii) SOCATA—Groupe Aerospatiale TB 9, proposes to amend part 39 of the S.A., Formerly L’Aiglon): Docket No. TB 10, TB 20, TB 21, TB 200, TMB 700, Federal Aviation Regulations (14 CFR 2003–CE–31–AD Rallye 100S, Rallye 150T, Rallye 150ST, Rallye 235E, and Rallye 235C airplanes. part 39) as follows: (a) This AD affects Anjou Aeronautique safety belts and restraint systems specified in (b) Who must comply with this AD? Anyone who wishes to operate an aircraft paragraph (a)(1) that are installed on, but not PART 39—AIRWORTHINESS equipped with one of the affected safety belts limited to, the aircraft specified in paragraph DIRECTIVES and restraint systems must comply with this (a)(2) that are certificated in any category: AD. 1. The authority citation for part 39 (1) Anjou Aeronautique safety belts and (c) What problem does this AD address? continues to read as follows: restraint systems: Part Numbers/Types 343, The actions specified by this AD are intended 343–1, 343AM, 343B, 343BM, 343C, 343CM, to detect and correct defective safety belts Authority: 49 U.S.C. 106(g), 40113, 44701. 343D, and 343M. and restraint systems, which could result in (2) Affected aircraft: The following is a list failure of the safety belts and restraint § 39.13 [Amended] of aircraft that may incorporate the affected systems. Such failure could lead to lack of 2. FAA amends § 39.13 by adding a Anjou Aeronautique safety belts and restraint occupant restraint during normal or crash new airworthiness directive (AD) to systems: loads. (i) Eurocopter France Models AS332C, read as follows: (d) What actions must I accomplish to AS332L, AS332L1, AS332L2, and AS350B2 address this problem? To address this helicopters; and problem, you must accomplish the following:
Actions Compliance Procedures
(1) Inspect the installed Anjou Aeronautique/ Within the next 50 hours time-in-service (TIS) For types 343, 343AM, 343B, 343BM, 343C, TRW Repa S.A./L’Aiglon safety belts and re- after the effective date of this AD or 4 cal- 343CM, 343D, or 343M: In accordance with straint systems (types 343, 343–1, 343AM, endar months after the effective date of this Aujou Aeronautique Service Bulletin No. 343B, 343BM, 343C, 343CM, 343D, or AD, whichever occurs first, unless already 343–25–02, Issue 1, dated October 23, 343M) for: accomplished. Repetitively inspect there- 2001. For type 343–1: In accordance with (i) defective buckle latch; and after at every 12 calendar months until the Anjou Aeronautique Service Bulletin No. (ii) exceeded service life. affected safety belt and restraint system is 343–1–23–01, Issue 1, dated October 23, replaced as specified by paragraph (d)(3) of 2001. this AD. (2) If any defective buckle latch or safety belt Prior to further flight after any inspection re- For Types 343, 343AM, 343B, 343BM, 343C, and restraint systems with exceeded service- quired by paragraph (d)(1) of this AD. 343CM, 343D, or 343M: In accordance with life is found during any inspection required by Anjou Aeronautique Service Bulletin No. paragraph (d)(1) of this AD: 343–1–25–02, Issue 1, dated October 23, (i) For any defective buckle latch, replace de- 2001. For type 343–1: In accordance with fective parts with new parts. Anjou Aeronautique Service Bulletin No. (ii) For any safety belt and restraint system 343–1–23–01, Issue 1, dated October 23, that has exceeded its service life, replace with 2001. a non-Anjou Aeronautique/TRW Repa S.A./ L’Aiglon FAA-approved safety belt and restraint system. The service life limit for the Anjou Aeronautique/TRW Repa S.A./L’Aiglon is 60 calendar months after the date of manufacture. (3) Replace any installed Anjou Aeronautique/ Prior to exceeding the service life limit of 60 Not Applicable. TRW Repa S.A./L’Aiglon safety belts and re- calendar months after the date of manufac- straint systems (types 343, 343–1, 343AM, ture or 4 calendar months after the effective 343B, 343BM, 343C, 343CM, 343D, or date of this AD, whichever occurs later. 343M). Replacement of all safety belts and restraint systems eliminates the need for the repetitive inspections of paragraph (d)(1) of this AD. (4) Do not install any Anjou Aeronautique/TRW As of the effective date of this AD. Not Applicable. Repa S.A./L’Aiglon types 343, 343–1, 343M, 343AM, 343B, 343BM, 343C, 343CM, and 343D safety belts and restraint systems.
Note: All inertia-reel type safety belts and telephone: (816) 329–4146; facsimile: (816) Issued in Kansas City, Missouri, on August restraint systems or fixed rear safety belts and 329–4090. 25, 2003. restraint systems from another manufacturer (f) How do I get copies of the documents Michael Gallagher, are not affected by this AD. referenced in this AD? You may get copies of Manager, Small Airplane Directorate, Aircraft (e) Can I comply with this AD in any other the documents referenced in this AD from Certification Service. Anjou Aeronautique, 13 Avenue De L’Osier, way? To use an alternative method of [FR Doc. 03–22257 Filed 8–29–03; 8:45 am] compliance or adjust the compliance time, 49125 Tierce, France; telephone: 33 0 2 41 42 follow the procedures in 14 CFR 39.19. Send 88 92; facsimile: 33 0 2 41 42 15 77. You may BILLING CODE 4910–13–P these requests to the Manager, Standards view these documents at FAA, Central Office, Small Airplane Directorate. For Region, Office of the Regional Counsel, 901 information on any already approved Locust, Room 506, Kansas City, Missouri alternative methods of compliance, contact 64106. Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;
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DEPARTMENT OF TRANSPORTATION proposed to require you to replace Regulatory Impact certain safety belts and restraint Federal Aviation Administration Does This AD Involve a Significant Rule systems. or Regulatory Action? 14 CFR Part 39 Was the Public Invited To Comment? Since this action only withdraws a proposed AD, it is not an AD and, [Docket No. 2003–CE–05–AD] The FAA invited interested persons to therefore, is not covered under participate in the making of this RIN 2120–AA64 Executive Order 12866, the Regulatory amendment. We received 23 comments Flexibility Act, or DOT Regulatory Airworthiness Directives; SOCATA— from 3 commenters on the proposed AD. Policies and Procedures (44 FR 11034, Groupe AEROSPATIALE Models TB 9, The majority of the comments reflect the February 26, 1979). TB 10, TB 20, TB 21, TB 200, TMB 700, public’s desire to have FAA withdraw Rallye 100S, Rallye 150T, Rallye 150ST, the proposal and recommend that FAA List of Subjects in 14 CFR Part 39 Rallye 235E, and Rallye 235C Airplanes consider issuing an NPRM to: Air transportation, Aircraft, Aviation safety, Safety. AGENCY: Federal Aviation —Inspect certain safety belts and Administration, DOT. restraint systems that are installed in The Withdrawal ACTION: Proposed rule; withdrawal. airplanes for defects and service life Accordingly, FAA withdraws the limits; notice of proposed rulemaking, Docket SUMMARY: This document withdraws a —Repair defective safety belts and No. 2003–CE–05–AD, which was notice of proposed rulemaking (NPRM) restraint systems that have not published in the Federal Register on that would have applied to all reached service life limits; and March 7, 2003 (68 FR 11015). SOCATA—Groupe AEROSPATIALE (SOCATA) Models TB 9, TB 10, TB 20, —Replace safety belts and restraint Issued in Kansas City, Missouri, on August TB 21, TB 200, TMB 700, Rallye 100S, systems that have reached service life 25, 2003. Rallye 150T, Rallye 150ST, Rallye 235E, limits. Michael Gallagher, and Rallye 235C airplanes. The The commenters request that these Manager, Small Airplane Directorate, Aircraft Certification Service. proposed AD would have required you actions apply to any aircraft that [FR Doc. 03–22258 Filed 8–29–03; 8:45 am] to replace certain safety belts and incorporates the affected seatbelts, not restraint systems. Comments received just the SOCATA airplanes. BILLING CODE 4910–13–P on the NPRM suggest that FAA withdraw the proposal and that FAA The FAA’s Analysis and Final consider issuing a new NPRM to Determination DEPARTMENT OF TRANSPORTATION propose that you do similar actions on Is There Additional Information Related Federal Aviation Administration any aircraft that incorporates the to This Subject? affected seatbelts, not just the SOCATA 14 CFR Part 71 airplanes. We agree and are The following information applies to withdrawing the NPRM. the subject of this AD Action: [Docket No. FAA–2003–15846; Airspace Docket No. 03–ASO–12] ADDRESSES: You may look at —The Direction Ge´ne´rale de l’Aviation information related to this action at Civile (DGAC), which is the Proposed Amendment of Class E FAA, Central Region, Office of the airworthiness authority for France, Airspace; Jacksonville, NC Regional Counsel, Attention: Rules has issued French ADs Number 2002– Docket No. 2003–CE–05–AD, 901 AGENCY: Federal Aviation 104(AB), Revision 2; and Number Locust, Room 506, Kansas City, Administration (FAA), DOT. 2002–105(AB) Revision 2; Missouri 64106, between 8 a.m. and 4 ACTION: Notice of proposed rulemaking. p.m., Monday through Friday, except —The above French ADs are equipment- holidays. related ADs and apply to all aircraft SUMMARY: This notice proposes to equipped with certain Anjou amend Class E5 airspace at Jacksonville, FOR FURTHER INFORMATION CONTACT: Karl Aeronautique (ANJOU) (formerly NC. A Area Navigation (RNAV) Global Schletzbaum, Aerospace Engineer, FAA, TRW Repa S.A., formerly L’AIGLON) Positioning System (GPS) Standard Small Airplane Directorate, 901 Locust, safety belts and restraint systems; and Instrument Approach Procedure (SIAP), Room 301, Kansas City, Missouri 64106; helicopter point in space approach, has —Aircraft that are equipped with the telephone: (816) 329–4146; facsimile: been developed for Onslow Memorial Anjou safety belts and restraint (816) 329–4090. Hospital, Jacksonville, NC. As a result, systems include small airplanes, SUPPLEMENTARY INFORMATION: controlled airspace extending upward transport airplanes, and helicopters. Discussion from 700 feet Above Ground Level What Is FAA’s Final Determination on (AGL) is needed to contain the SIAP. What Action Has FAA Taken to Date? This Issue? DATES: Comments must be received on We issued a proposal to amend part or before October 2, 2003. 39 of the Federal Aviation Regulations Based on this information, we have ADDRESSES: Send comments on this (14 CFR part 39) to include an AD that determined that we should withdraw proposal to the Docket Management would apply to all SOCATA Models TB the NPRM and initiate a separate AD System, U.S. Department of 9, TB 10, TB 20, TB 21, TB 200, TMB action (NPRM) for certain ANJOU safety Transportation, Room Plaza 401, 400 700, Rallye 100S, Rallye 150T, Rallye belts and restraint systems that are Seventh Street, SW., Washington, DC 150ST, Rallye 235E, and Rallye 235C installed in aircraft. 20590–0001. You must identify the airplanes. This proposal was published Withdrawal of this NPRM does not docket number FAA–2003/15846 in the Federal Register as a notice of prevent us from issuing another notice Airspace Docket No. 03–ASO–12, at the proposed rulemaking (NPRM) on March in the future, nor does it commit us to beginning of your comments. You may 7, 2003 (68 FR 11015). The NPRM any future action. also submit comments on the Internet at
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http://dms.dot.gov. You may review the Availability of NPRMs List of Subjects in 14 CFR Part 71 public docket containing the proposal, any comments received, and any final An electronic copy of this document Airspace, Incorporation by reference, disposition in person in the Dockets may be downloaded through the Navigation (Air). Internet at http://dms.dot.gov. Recently Office between 9 a.m. and 5 p.m., The Proposed Amendment Monday through Friday, except Federal published rulemaking documents can holidays. The Docket office (telephone also be accessed through the FAA’s Web In consideration of the foregoing, the 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the Federal Aviation Administration of the Department of Transportation Superintendent of Document’s Web proposes to amend 14 CFR part 71 as NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. follows: An informal docket may also be Additionally, any person may obtain a examined during normal business hours copy of this notice by submitting a PART 71—DESIGNATION OF CLASS A, at the Office of the Regional Air Traffic request to the Federal Aviation CLASS B, CLASS C, CLASS D, AND Division, Federal Aviation Administration, Office of Air Traffic CLASS E AIRSPACE AREAS; Administration, Room 550, 1701 Airspace Management, ATA–400, 800 AIRWAYS; ROUTES; AND REPORTING Columbia Avenue, College Park, Georgia Independence Avenue, SW., POINTS 30337. Washington, DC 20591, or by calling FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must 1. The authority citation for part 71 Walter R. Cochran, Manager, Airspace identify both docket numbers for this continues to read as follows: Branch, Air Traffic Division, Federal notice. Persons interested in being place Authority: 49 U.S.C. 106(g); 40103, 40113, Aviation Administration, PO Box 20636, on a mailing list future NPRM’s should 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Atlanta, Georgia 30320; telephone (404) contact the FAA’s Office of Rulemaking, 1963 Comp., p. 389. 305–5627. (202) 267–9677, to request a copy of SUPPLEMENTARY INFORMATION: Advisory Circular No. 11–2A, Notice of § 71.1 [Amended] Comments Invited Proposed Rulemaking Distribution 2. The incorporation by reference in System, which describes the application 14 CFR 71.1 of Federal Aviation Interested parties are invited to procedure. participate in this proposed rulemaking Administration Order 7400.9K, Airspace by submitting such written data, views The Proposal Designations and Reporting Points, or arguments as they may desire. dated August 30, 2002, and effective Comments that provide the factual basis The FAA is considering an September 16, 2002, is amended as supporting the views and suggestions amendment to part 71 of the Federal follows: Aviation Regulations (14 CFR part 71) to presented are particularly helpful in Paragraph 6005 Class E Airspace developing reasoned regulatory amend Class E5 airspace at Jacksonville, NC. Class E airspace designations for Areas Extending Upward From 700 feet decisions on the proposal. Comments or More Above the Surface of the Earth. are specifically invited on the overall airspace areas extending upward from regulatory, aeronautical, economic, 700 feet or more above the surface of the * * * * * earth are published in Paragraph 6005 of environmental, and energy-related ASO NC E5 Jacksonville, NC [REVISED] aspects of the proposal. FAA Order 7400.9K, dated August 30, Communications should identify both 2002, and effective September 16, 2002, Jacksonville, New River MCAS, NC ° ′ ″ ° ′ ″ docket numbers and be submitted in which is incorporated by reference in 14 (Lat. 34 42 39 N, long. 77 26 21 W) CFR 71.1 The Class E airspace Albert J. Ellis Airport triplicate to the address listed above. ° ′ ″ ° ′ ″ Commenters wishing the FAA to designation listed in this document (Lat. 34 49 45 N, long. 77 36 44 W) acknowledge receipt of their comments would be published subsequently in the Onslow Memorial Hospital Point In Space Coordinates on this notice must submit with those Order. (Lat. 34°45′36″ N, long. 77°22′28″ W) comments a self-addressed, stamped The FAA has determined that this postcard on which the following That airspace extending upward from 700 proposed regulation only involves an feet or more above the surface within a 7- statement is made: ‘‘Comments to established body of technical Docket No. FAA–2003–15846/Airspace mile radius of New River MCAS, within a regulations for which frequent and Docket No. 03–ASO–12.’’ The postcard 6.4-mile radius of Albert J. Ellis Airport and routine amendments are necessary to will be date/time stamped and returned that airspace within a 6-mile radius of the keep them operationally current. It, ° ′ ″ to the commenter. All communications point in space (lat. 34 45 36 N, long. therefore, (1) is not a ‘‘significant ° ′ ″ received before the specified closing 77 22 28 W) serving Onslow Memorial date for comments will be considered regulatory action’’ under Executive Hospital. before taking action on the proposed Order 12866; (2) is not a ‘‘significant * * * * * rule. The proposal contained in this rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February Issued in College Park, Georgia, on August notice may be changed in light of the 13, 2003. 26, 1979); and (3) does not warrant comments received. All comments Walter R. Cochran, submitted will be available for preparation of a Regulatory Evaluation examination in the Office of the as the anticipated impact is so minimal. Acting Manager, Air Traffic Division, Southern Region. Regional Counsel for Southern Region, Since this is a routine matter that will Room 550, 1701 Columbia Avenue, only affect air traffic procedures and air [FR Doc. 03–21325 Filed 8–29–03; 8:45 am] College Park, Georgia 30337, both before navigation, it is certified that this rule, BILLING CODE 4910–13–M and after the closing date for comments. when promulgated, will not have a A report summarizing each substantive significant economic impact on a public contact with FAA personnel substantial number of small entities concerned with this rulemaking will be under the criteria of the Regulatory filed in the docket. Flexibility Act.
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DEPARTMENT OF TRANSPORTATION by submitting such written data, views, part of that effort, the FAA plans to or arguments as they may desire. realign V–233 northeast of the Capitol Federal Aviation Administration Comments that provide the factual basis VORTAC. supporting the views and suggestions The Proposal 14 CFR Part 71 presented are particularly helpful in RIN 2120–AA66 developing reasoned regulatory The FAA is proposing to amend part decisions on the proposal. Comments 71 of the Federal Aviation Regulations [Docket No. FAA 2003–15562; Airspace are specifically invited on the overall (14 CFR part 71) to revise V–233 in the Docket No. ASD 03–AGL–10] regulatory, aeronautical, economic, Capitol, IL, area. Specifically, this action environmental, and energy-related proposes to realign V–233 northeast of Proposed Revision of Federal Airways aspects of the proposal. the Capitol VORTAC to reflect the radial V–233; Capitol, IL Communications should identify both change due to the relocation of the docket numbers and be submitted in Capitol VORTAC and to enhance the AGENCY: Federal Aviation triplicate to the address listed above. management of aircraft operations over Administration (FAA), DOT. Commenters wishing the FAA to the Capitol, IL, area. ACTION: Notice of proposed rulemaking. acknowledge receipt of their comments Federal airways are published in on this notice must submit with those SUMMARY: This action proposes to revise paragraph 6010(a) of FAA Order comments a self-addressed, stamped 7400.9K dated August 30, 2002, and Federal Airway 233 (V–233) northeast of postcard on which the following the Capitol, IL, area Very High effective September 16, 2002, which is statement is made: ‘‘Comments to incorporated by reference in 14 CFR Frequency Omni-directional Range/ Docket No. FAA 2003–15562/Airspace Tactical Air Navigation (VORTAC). The 71.1. The Federal airway listed in this Docket No. 03–AGL–10.’’ The postcard document would be published FAA is proposing this action due to the will be date/time stamped and returned subsequently in the Order. relocation of the Capitol VORTAC and to the commenter. All communications to enhance the management of aircraft received on or before the specified The FAA has determined that this operations over the Capitol, IL, area. closing date for comments will be proposed regulation only involves an DATES: Comments must be received on considered before taking action on the established body of technical or before October 15, 2003. proposed rule. The proposal contained regulations for which frequent and routine amendments are necessary to ADDRESSES: Send comments on this in this notice may be changed in light keep them operationally current. proposal to the Docket Management of comments received. All comments Therefore, this proposed regulation: (1) System, U.S. Department of submitted will be available for Is not a ‘‘significant regulatory action’’ Transportation, Room Plaza 401, 400 examination in the public docket both under Executive Order 12866; (2) is not Seventh Street SW., Washington, DC before and after the closing date for a ‘‘significant rule’’ under Department of 20590–0001. You must identify docket comments. A report summarizing each Transportation (DOT) Regulatory numbers FAA–2003–15562/Airspace substantive public contact with FAA Policies and Procedures (44 FR 11034, Docket No. 03–AGL–10, at the personnel concerned with this February 26, 1979); and (3) does not beginning of your comments. rulemaking will be filed in the docket. warrant preparation of a regulatory You may also submit comments on Availability of NPRM’s evaluation as the anticipated impact is the Internet at http://dms.dot.gov. You so minimal. Since this is a routine may review the public docket An electronic copy of this document matter that will only affect air traffic containing the proposal, any comments may be downloaded through the procedures and air navigation, it is received, and any final disposition in Internet at http://dms.dot.gov. Recently certified that this rule, when person in the Dockets Office between 9 published rulemaking documents can promulgated, will not have a significant a.m. and 5 p.m., Monday through also be accessed through the FAA’s economic impact on a substantial Friday, except Federal holidays. The webpage at http://www.faa.gov or the number of small entities under the Docket Office (telephone 1–800–647– Superintendent of Document’s webpage criteria of the Regulatory Flexibility Act. 5527) is on the plaza level of the at http://www.access.gpo.gov/nara. Additionally, any person may obtain Department of Transportation NASSIF List of Subjects in 14 CFR Part 71 a copy of this notice by submitting a Building at the above address. request to the Federal Aviation An informal docket may also be Airspace, Incorporation by reference, Administration, Office of Air Traffic examined during normal business hours Navigation (air). Airspace Management, 800 at the office of the Regional Air Traffic Independence Avenue, SW., The Proposed Amendment Division, Federal Aviation Washington, DC 20591, or by calling Administration, O’Hare Lake Office In consideration of the foregoing, the (202) 267–8783. Communications must Center, 2300 East Devon Avenue, Des Federal Aviation Administration identify both docket numbers for this Plaines, IL 60018. proposes to amend 14 CFR part 71 as notice. Persons interested in being follows: FOR FURTHER INFORMATION CONTACT: placed on a mailing list for future Steve Rohring, Airspace and Rules NPRM’s should call the FAA’s Office of PART 71—DESIGNATION OF CLASS A, Division, ATA–400, Office of Air Traffic Rulemaking, (202) 267–9677, for a copy CLASS B, CLASS C, CLASS D, AND Airspace Management, Federal Aviation of Advisory Circular No. 11–2A, Notice CLASS E AIRSPACE AREAS; AIR Administration, 800 Independence of Proposed Rulemaking Distribution TRAFFIC SERVICE ROUTES; AND Avenue, SW., Washington, DC 20591; System, which describes the application REPORTING POINTS telephone: (202) 267–8783. procedure. SUPPLEMENTARY INFORMATION: 1. The authority citation for part 71 Background continues to read as follows: Comments Invited The FAA is relocating the Capitol Authority: 49 U.S.C. 106(g), 40103, 40113, Interested parties are invited to VORTAC 3.96 nautical miles to the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– participate in this proposed rulemaking southwest of its current location. As a 1963 Comp., p. 389.
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§ 71.1 [Amended] [email protected] or [email protected]. We Plenary Committee considers 2. The incorporation by reference in will post additional information as it consensus on proposed rule 14 CFR 71.1 of FAA Order 7400.9K, becomes available on the Office of language Airspace Designations and Reporting Indian Education Programs Web site September 19 Points, dated August 30, 2002, and under ‘‘Negotiated Rulemaking’’ at Public Comments—8:30—9 am effective September 16, 2002, is http://www.oiep.bia.edu. Plenary Committee meeting Considers consensus on proposed rule amended as follows: SUPPLEMENTARY INFORMATION: For more language information on negotiated rulemaking Paragraph 6010(a) Domestic VOR Federal Set agenda for next meeting Airways under the No Child Left Behind Act, see Evaluations * * * * * the Federal Register notices published Closing remarks V–233 [Revised] on December 10, 2002 (67 FR 75828) Closing—noon and May 5, 2003 (68 FR 23631) or the From Capitol, IL; INT Capitol Dated: August 26, 2003. 061°T(062°M) and Roberts, IL, 233° radials; Web site at http://www.oiep.bia.edu Aurene M. Martin, Roberts; Knox, IN; Goshen, IN; Litchfield, MI; under ‘‘Negotiated Rulemaking’’. Lansing, MI; INT Mount Pleasant 351° and The items for negotiation include: Acting Assistant Secretary—Indian Affairs. Gaylord, MI, 207° radials; Gaylord; to Student Rights/Geographic Boundaries; [FR Doc. 03–22228 Filed 8–29–03; 8:45 am] Pellston, MI. Tribally Controlled Schools Act/Grants; BILLING CODE 4310–6W–P * * * * * Adequate Yearly Progress; and Funding Issued in Washington, DC on August 22, and Distribution of Funds. The 2003. Committee will meet in work groups DEPARTMENT OF LABOR Reginald C. Matthews, and in full session each day for work Mine Safety and Health Administration Manager, Airspace and Rules Division. group reports, public comments, and logistics. All meetings are open to the [FR Doc. 03–22208 Filed 8–29–03; 8:45 am] public. There is no requirement for 30 CFR Part 57 BILLING CODE 4910–13–P advance registration for members of the RIN 1219–AB29 public who wish to attend and observe the Committee meetings or the work Diesel Particulate Matter Exposure of DEPARTMENT OF THE INTERIOR group meetings or to make public Underground Metal and Nonmetal Bureau of Indian Affairs comments. Members of the public may Miners also make written comments to the AGENCY: Mine Safety and Health Committee by sending them to the 25 CFR Chapter I Administration (MSHA), Labor. NCLB Negotiated Rulemaking ACTION: Proposed rule; correction. Meeting of the No Child Left Behind Committee, Project Management Office, Negotiated Rulemaking Committee P.O. Box 1430, Albuquerque, New SUMMARY: This document corrects Mexico 87103. We will provide copies printing and other errors in the AGENCY: Bureau of Indian Affairs, of the comments to the Committee. preamble to a proposed rule published Interior. The agenda for the September 15–19, in the Federal Register of August 14, ACTION: Announcement of negotiated 2003, meeting is as follows: 2003 (68 FR 48668) regarding diesel rulemaking committee meeting. Agenda for No Child Left Behind particulate matter exposure in SUMMARY: The Secretary of the Interior Negotiated Rulemaking Committee underground metal and nonmetal has established an advisory Committee Meeting September 15–19, 2003, mines. to develop recommendations for Nashville, Tennessee FOR FURTHER INFORMATION CONTACT: proposed rules for Indian education Meetings end at 5:30 pm each day Marvin W. Nichols, Jr., Director, Office under six sections of the No Child Left (except September 19) of Standards, Regulations, and Behind Act of 2001. As required by the September 15 Variances, MSHA, 1100 Wilson Blvd., Federal Advisory Committee Act, we are Opening Remarks—8:30 am Room 2350, Arlington, Virginia 22209– announcing the date and location of the Public Comments (30 minutes) 3939, [email protected], (202) next meeting of the No Child Left Introductions, Logistics, and 693–9440 (telephone), or (202) 693– Behind Negotiated Rulemaking Housekeeping 9441 (facsimile). committee. Approval of summary from Seattle Correction DATES: The Committee’s next meeting meeting will be held September 15–19, 2003. Review agenda In proposed rule FR Doc. 03–20190, The meeting will begin at 8:30 am (CDT) Plenary Committee considers beginning on page 48668 in the issue of on Monday, September 15 and end at consensus on proposed rule August 14, 2003, make the following noon (CDT) on Friday, September 19. language corrections: Work Group meetings 1. On page 48669, in the first column, ADDRESSES: The meeting will be held at September 16 in the fourth paragraph, the date the Gaylord Opryland Resort and Public comments—8:30—9 am ‘‘October 7, 2003’’ is corrected to read Convention Center, 2800 Opryland Work Group meetings ‘‘October 14, 2003.’’ Drive, Nashville, TN 37214, telephone September 17 2. On page 48676, in Chart V–3 at the (615) 883–2211. Public comments—8:30—9 am top of the page, the term ‘‘400 µg/m3’’ FOR FURTHER INFORMATION CONTACT: Work Group meetings in the label of the x-axis is corrected to Barbara James or Shawna Smith, No Plenary Committee considers read ‘‘400 µg/m3’’. Child Left Behind Negotiated consensus on proposed rule 3. On page 48678, at the top of the Rulemaking Project Management Office, language third column, the word ‘‘avoided’’ is P.O. Box 1430, Albuquerque, NM September 18 corrected to read ‘‘voided’’. 87103–1430; telephone (505) 248–7241/ Public comments—8:30—9 am 4. On page 48678, in Chart V–5 6569; fax (505) 248–7242; email Work Group meetings beginning in the middle of the page, the
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term ‘‘µg/m3’’ in the label of the y-axis results,’’ in the last entry at the bottom ‘‘Patton and Lopez, 2002.’’ and ‘‘Polosa, is corrected to read ‘‘µg/m3’’. of the page, the term ‘‘DMP’’ is corrected et al., 2003 (Italian).’’ are deleted. 5. On page 48683, in the title of Table to read ‘‘DPM’’ and the term Dated: August 26, 2003. VI–2 at the bottom of the page, the term ‘‘reactivity/’’ is corrected to read Dave D. Lauriski, ‘‘µG/M3’’ is corrected to read ‘‘µg/m3’’. ‘‘reactivity/responsiveness’’; and in the 6. On page 48684, in the second Assistant Secretary of Labor for Mine Safety column labeled ‘‘Agent(s) of toxicity,’’ and Health. column, in the first paragraph, in the in the sixth entry, the term ‘‘SO2 and [FR Doc. 03–22320 Filed 8–29–03; 8:45 am] last sentence, the term ‘‘200DPM’’ is NO2’’ is corrected to read ‘‘SO2 and BILLING CODE 4510–43–P corrected to read ‘‘200DPM’’. NO2’’. 7. On page 48684, in the third 14. On page 48693, in the column, in the last sentence of the first continuation of Table VI–8 at the top of paragraph, the term ‘‘Tables VI–7 and the page, the term ‘‘Table VI–8’’ in the ENVIRONMENTAL PROTECTION VI–8’’ is corrected to read ‘‘Tables VI– title is corrected to read ‘‘Table VI–9’’; AGENCY 1 and VI–2’’. in the entry in the column labeled ‘‘Key 40 CFR Part 52 8. On page 48688, in Table VI–4 at the results’’, the word ‘‘Thio’’ is corrected to top of the page, the term ‘‘µG/M3’’ read ‘‘Thiol’’; and the key directly [MI83–01–7292b, FRL–7526–8] appearing twice the title is corrected to beneath the table is deleted. read ‘‘µg/m3’’. 15. On page 48693, in Table VI–9 in Approval and Promulgation of Air 9. On page 48689, in the continuation the middle of the page, the term ‘‘Table Quality Implementation Plans; of Table VI–5, under the column VI–9’’ in the title is corrected to read Michigan; Definition of Volatile Organic heading ‘‘Key results,’’ the term ‘‘Table VI–10’’ and the key directly Compound ‘‘exposurel100’’ in the first sentence is beneath the table is deleted. AGENCY: Environmental Protection corrected to read ‘‘exposure equal to or 16. On page 48694, in the second Agency (EPA). greater than 100’’. column, in the first paragraph, in the 10. On page 48690, in Table VI–7 at legal citation after the first full sentence, ACTION: Proposed rule. the top of the page, in the column the term ‘‘647 F.2d 1273’’ is corrected to SUMMARY: The EPA is proposing to labeled ‘‘Key Results,’’ the third entry is read ‘‘647 F.2d 1189, 1273’’, and in the approve a revision to Michigan’s corrected to read ‘‘After adjustment for forth full sentence the term ‘‘feasible definition of volatile organic compound other risk factors and potential when Aif through’’ is corrected to read (VOC). EPA’s approval will revise confounders, using a variety of ‘‘feasible ‘‘if through’’. Michigan’s State Implementation Plan statistical methods, fine particulate 17. On page 48694, in the second (SIP) for ozone. The Michigan (PM2.5) exposures were significantly column, in the second paragraph, the Department of Environmental Quality associated with cardiopulmonary term ‘‘647 F.2d 1164’’ is corrected to (MDEQ) submitted this SIP revision on mortality (and also with lung cancer).’’ read ‘‘647 F.2d 1189, 1266 (D.C. Cir. April 25, 2003. In the Final Rules 11. On page 48690, in Table VII–8 1981)’’. section of this Federal Register, EPA is beginning in the middle of the page, in 18. On page 48705, in the ‘‘Summary approving the state’s SIP revision, as a the table’s title on this page and in the of Costs and Benefits’’ section in the direct final rule without prior proposal continuation on page 48691, the term first column, in the second paragraph, because the Agency views this as a ‘‘Table VII.–8’’ is corrected to read the first sentence is corrected to read noncontroversial revision and ‘‘Table VI–8’’ and the word ‘‘Article’’ is ‘‘The proposed rule would result in a anticipates no adverse comments. A corrected to read ‘‘Articles’’; in the net cost of $4,539 per year.’’; in the third detailed rationale for the approval is set column labeled ‘‘Description,’’ in the sentence, the term ‘‘cost savings of $86’’ forth in the direct final rule. If we last sentence of the second entry, the is corrected to read ‘‘cost of $25’’; and receive no adverse comments in term ‘‘NO2’’ is corrected to read ‘‘NO ’’; 2 the fifth sentence is corrected to read response to that direct final rule, we and in the column labeled ‘‘Key ‘‘The cost or cost savings (negative cost) plan to take no further action on this results,’’ in the third entry, the word per mine for mines in these three size proposed rule. If we receive significant ‘‘cofounders’’ is corrected to read ¥ classes would be $34, $58 and $58, adverse comments, in writing, which we ‘‘confounders’’ and the term ‘‘10 g/m3’’ respectively.’’ have not addressed, we will withdraw is corrected to read ‘‘10 µg/m3’’. 19. On page 48705, in the second the direct final rule and address all 12. On page 48691, in Table VI–8 column, under the section-by-section public comments received in a beginning in the middle of the page, in discussion of the proposed rule, in the subsequent final rule based on this the table’s title, the term ‘‘Table VI–8’’ first paragraph, in the third sentence, proposed rule. The EPA will not is corrected to read ‘‘Table VI–9’’; in the the term ‘‘308 µg/m3 is corrected to TC institute a second comment period on column labeled ‘‘Key results’’, the term read 308EC µg/m3’’ . ‘‘polynuclear aromatic engine 20. On page 48714, in the third this document. compounds’’ in the second entry is column, the term ‘‘AMSHA’’ in the DATES: EPA must receive written corrected to read ‘‘polynuclear aromatic second sentence of the first paragraph is comments on or before October 2, 2003. compounds’’. corrected to read ‘‘’’MSHA’’. ADDRESSES: Send written comments to: 13. On page 48692, in the 21. On page 48719, in the alphabetical Carlton Nash, Chief, Regulation continuation of Table VI–8, the term list of references, the reference listed as Development Section, Air Programs Branch, ‘‘Table VI–8’’ in the title is corrected to ‘‘Holgate, et al., 2002.’’ in the second (AR–18J), U.S. Environmental Protection read ‘‘Table VI–9’’; in the column column is corrected to read ‘‘Holgate, Agency, Region 5, 77 West Jackson labeled ‘‘Description,’’ in the third Stephen T., et al., ‘‘Health Effects of Boulevard, Chicago, Illinois 60604. entry, the term ‘‘PM2.5 (fine PM) and Acute Exposure to Air Pollution, Part I: Comments may also be submitted PM2.5–10’’ is corrected to read ‘‘PM2.5 Healthy and Asthmatic Subjects electronically or through hand delivery/ (fine PM) and PM2.5–10’’, and in the sixth Exposed to Diesel Exhaust’’, Health courier, please follow the detailed entry, the term ‘‘100 µg/m3 or 3 mg/m3’’ Effects Institute Research Report No. instructions described in Part(I)(B)(1)(i) is corrected to read ‘‘100 µg/m3 or 3 mg/ 112 (Partial Preprint Version), December through (iii) of the Supplementary m3’’; in the column labeled ‘‘Key 2002.’’, and the references listed as Information section.
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You may inspect copies of the will be made available for public EPA’s e-mail system automatically documents relevant to this action during viewing at the EPA Regional Office, as captures your e-mail address. E-mail normal business hours at the following EPA receives them and without change, addresses that are automatically location: unless the comment contains captured by EPA’s e-mail system are Regulation Development Section, Air copyrighted material, CBI, or other included as part of the comment that is Programs Branch, (AR–18J), U.S. information whose disclosure is placed in the official public docket. Environmental Protection Agency, Region 5, restricted by statute. When EPA ii. Regulations.gov. Your use of 77 West Jackson Boulevard, Chicago, Illinois identifies a comment containing Regulations.gov is an alternative method 60604. copyrighted material, EPA will provide of submitting electronic comments to Please contact Kathleen D’Agostino at a reference to that material in the EPA. Go directly to Regulations.gov at (312) 886–1767 before visiting the version of the comment that is placed in http://www.regulations.gov, then click Region 5 office. the official public rulemaking file. The on the button ‘‘TO SEARCH FOR FOR FURTHER INFORMATION CONTACT: entire printed comment, including the REGULATIONS CLICK HERE’’, and Kathleen D’Agostino, Environmental copyrighted material, will be available select Environmental Protection Agency Engineer, Regulation Development at the Regional Office for public as the Agency name to search on. The Section, Air Programs Branch (AR–18J), inspection. list of current EPA actions available for U.S. Environmental Protection Agency, comment will be listed. Please follow B. How and To Whom Do I Submit the online instructions for submitting Region 5, 77 West Jackson Boulevard, Comments? Chicago, Illinois 60604, (312) 886–1767, comments. The system is an You may submit comments [email protected]. ‘‘anonymous access’’ system, which electronically, by mail, or through hand means EPA will not know your identity, SUPPLEMENTARY INFORMATION: delivery/courier. To ensure proper e-mail address, or other contact I. General Information receipt by EPA, identify the appropriate information unless you provide it in the rulemaking identification number by body of your comment. A. How Can I Get Copies of This including the text ‘‘Public comment on iii. Disk or CD ROM. You may submit Document and Other Related proposed rulemaking Region 5 Air comments on a disk or CD ROM that Information? Docket MI83’’ in the subject line on the you mail to the mailing address 1. The Regional Office has established first page of your comment. Please identified in section 2, directly below. an official public rulemaking file ensure that your comments are These electronic submissions will be available for inspection at the Regional submitted within the specified comment accepted in WordPerfect, Word or ASCII Office. EPA has established an official period. Comments received after the file format. Avoid the use of special public rulemaking file for this action close of the comment period will be characters and any form of encryption. under ‘‘Region 5 Air Docket MI83’’. The marked ‘‘late.’’ EPA is not required to 2. By Mail. Send your comments to: official public file consists of the consider these late comments. Carlton Nash, Chief, Regulation documents specifically referenced in 1. Electronically. If you submit an Development Section, Air Programs this action, any public comments electronic comment as prescribed Branch, (AR–18J), U.S. Environmental received, and other information related below, EPA recommends that you Protection Agency, Region 5, 77 West to this action. Although a part of the include your name, mailing address, Jackson Boulevard, Chicago, Illinois official docket, the public rulemaking and an e-mail address or other contact 60604. Please include the text ‘‘Public file does not include Confidential information in the body of your comment on proposed rulemaking Business Information (CBI) or other comment. Also include this contact Regional Air Docket MI83’’ in the information whose disclosure is information on the outside of any disk subject line on the first page of your restricted by statute. The official public or CD ROM you submit, and in any comment. rulemaking file is the collection of cover letter accompanying the disk or 3. By Hand Delivery or Courier. materials that is available for public CD ROM. This ensures that you can be Deliver your comments to: Carlton viewing at the Air Programs Branch, Air identified as the submitter of the Nash, Chief, Regulation Development and Radiation Division, EPA Region 5, comment and allows EPA to contact you Section, Air Programs Branch, (AR–18J), 77 West Jackson Boulevard, Chicago, in case EPA cannot read your comment U.S. Environmental Protection Agency, Illinois 60604. EPA requests that if at all due to technical difficulties or needs Region 5, 77 West Jackson Boulevard, possible, you contact the contact listed further information on the substance of 18th floor, Chicago, Illinois 60604. Such in the For Further Information Contact your comment. EPA’s policy is that EPA deliveries are only accepted during the section to schedule your inspection. The will not edit your comment, and any Regional Office’s normal hours of Regional Office’s official hours of identifying or contact information operation. The Regional Office’s official business are Monday through Friday, provided in the body of a comment will hours of business are Monday through 8:30 to 4:30 excluding Federal holidays. be included as part of the comment that Friday, 8:30 to 4:30 excluding Federal 2. Electronic Access. You may access is placed in the official public docket. holidays. this Federal Register document If EPA cannot read your comment due electronically through the to technical difficulties and cannot C. How Should I Submit CBI to the Regulations.gov Web site located at contact you for clarification, EPA may Agency? http://www.regulations.gov where you not be able to consider your comment. Do not submit information that you can find, review, and submit comments i. E-mail. Comments may be sent by consider to be CBI electronically to EPA. on Federal rules that have been electronic mail (e-mail) to You may claim information that you published in the Federal Register, the [email protected]. Please include submit to EPA as CBI by marking any Government’s legal newspaper, and are the text ‘‘Public comment on proposed part or all of that information as CBI (if open for comment. rulemaking Region 5 Air Docket MI83’’ you submit CBI on disk or CD ROM, For public commenters, it is in the subject line. EPA’s e-mail system mark the outside of the disk or CD ROM important to note that EPA’s policy is is not an ‘‘anonymous access’’ system. If as CBI and then identify electronically that public comments, whether you send an e-mail comment directly within the disk or CD ROM the specific submitted electronically or in paper, without going through Regulations.gov, information that is CBI). Information so
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marked will not be disclosed except in ENVIRONMENTAL PROTECTION (312) 353–8328, accordance with procedures set forth in AGENCY [email protected]. 40 CFR part 2. 40 CFR Part 52 SUPPLEMENTARY INFORMATION: In addition to one complete version of the comment that includes any I. General Information information claimed as CBI, a copy of [MN73–1–7298b; FRL–7541–6] A. How Can I Get Copies of This the comment that does not contain the Approval and Promulgation of Document and Other Related information claimed as CBI must be Implementation Plans; Minnesota Information? submitted for inclusion in the official 1. The Regional Office has established public regional rulemaking file. If you AGENCY: Environmental Protection an official public rulemaking file submit the copy that does not contain Agency (EPA). available for inspection at the Regional CBI on disk or CD ROM, mark the ACTION: Proposed rule. Office. EPA has established an official outside of the disk or CD ROM clearly SUMMARY: EPA is proposing to approve public rulemaking file for this action that it does not contain CBI. Information under ‘‘Region 5 Air Docket MI83’’. The not marked as CBI will be included in a site-specific revision to the Minnesota particulate matter (PM) State official public file consists of the the public file and available for public documents specifically referenced in inspection without prior notice. If you Implementation Plan (SIP) for Lafarge Corporation’s (Lafarge) facility located this action, any public comments have any questions about CBI or the received, and other information related procedures for claiming CBI, please on Red Rock Road in Saint Paul, Ramsey County, Minnesota. By its to this action. Although a part of the consult the person identified in the FOR official docket, the public rulemaking FURTHER INFORMATION CONTACT section. submittal dated July 18, 2002, the Minnesota Pollution Control Agency file does not include Confidential D. What Should I Consider as I Prepare (MPCA) requested that EPA approve Business Information (CBI) or other My Comments for EPA? Lafarge’s state operating permit into the information whose disclosure is Minnesota PM SIP. The request is restricted by statute. The official public You may find the following approvable because it meets the rulemaking file is the collection of suggestions helpful for preparing your requirements of the Clean Air Act. In materials that is available for public comments: the final rules section of this Federal viewing at the Air Programs Branch, Air 1. Explain your views as clearly as Register, we are approving the SIP and Radiation Division, EPA Region 5, possible. revision as a direct final rule without 77 West Jackson Boulevard, Chicago, prior proposal, because we view this as Illinois 60604. EPA requests that if at all 2. Describe any assumptions that you possible, you contact the contact listed used. a noncontroversial revision amendment and anticipate no adverse comments. A in the FOR FURTHER INFORMATION 3. Provide any technical information detailed rationale for the approval is set CONTACT section to schedule your and/or data you used that support your forth in the direct final rule. If no inspection. The Regional Office’s views. adverse comments are received in official hours of business are Monday 4. If you estimate potential burden or response to this proposed rule, no through Friday, 8:30 to 4:30 excluding costs, explain how you arrived at your further activity is contemplated in Federal holidays. estimate. relation to this proposed rule. If we 2. Electronic Access. You may access receive adverse comments, the direct this Federal Register document 5. Provide specific examples to electronically through the illustrate your concerns. final rule will be withdrawn and all public comments received will be Regulations.gov Web site located at 6. Offer alternatives. addressed in a subsequent final rule http://www.regulations.gov where you 7. Make sure to submit your based on this proposed rule. We will not can find, review, and submit comments comments by the comment period institute a second comment period on on Federal rules that have been deadline identified. this action. Any parties interested in published in the Federal Register, the Government’s legal newspaper, and are 8. To ensure proper receipt by EPA, commenting on this action should do so at this time. open for comment. identify the appropriate regional file/ For public commenters, it is rulemaking identification number in the DATES: Written comments must be received on or before October 2, 2003. important to note that EPA’s policy is subject line on the first page of your that public comments, whether response. It would also be helpful if you ADDRESSES: Written comments should submitted electronically or in paper, provided the name, date, and Federal be sent to: Carlton T. Nash, Chief, will be made available for public Register citation related to your Regulation Development Section, Air viewing at the EPA Regional Office, as comments. Programs Branch (AR–18J), EPA Region EPA receives them and without change, 5, 77 West Jackson Boulevard, Chicago, E. Where Can I Find More Information unless the comment contains Illinois 60604–3590. Comments may copyrighted material, CBI, or other About This Proposal and the also be submitted electronically or Corresponding Direct Final Rule? information whose disclosure is through hand delivery/courier, please restricted by statute. When EPA For additional information see the follow the detailed instructions identifies a comment containing direct final rule published in the rules described in part(I)(B)(1)(i) through copyrighted material, EPA will provide section of this Federal Register. (iii)of the SUPPLEMENTARY INFORMATION a reference to that material in the section. Dated: June 18, 2003. version of the comment that is placed in FOR FURTHER INFORMATION CONTACT: the official public rulemaking file. The Cheryl L. Newton, Christos Panos, Regulation Development entire printed comment, including the Acting Regional Administrator, Region 5. Section, Air Programs Branch (AR–18J), copyrighted material, will be available [FR Doc. 03–22156 Filed 8–29–03; 8:45 am] EPA Region 5, 77 West Jackson at the Regional Office for public BILLING CODE 6560–50–P Boulevard, Chicago, Illinois 60604, inspection.
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B. How and To Whom Do I Submit comment will be listed. Please follow inspection without prior notice. If you Comments? the online instructions for submitting have any questions about CBI or the You may submit comments comments. The system is an procedures for claiming CBI, please electronically, by mail, or through hand ‘‘anonymous access’’ system, which consult the person identified in the FOR delivery/courier. To ensure proper means EPA will not know your identity, FURTHER INFORMATION CONTACT section. receipt by EPA, identify the appropriate e-mail address, or other contact information unless you provide it in the D. What Should I Consider As I Prepare rulemaking identification number by My Comments for EPA? including the text ‘‘Public comment on body of your comment. iii. Disk or CD ROM. You may submit You may find the following proposed rulemaking Region 5 Air comments on a disk or CD ROM that suggestions helpful for preparing your Docket MI83’’ in the subject line on the you mail to the mailing address comments: first page of your comment. Please identified in section 2, directly below. 1. Explain your views as clearly as ensure that your comments are These electronic submissions will be possible. submitted within the specified comment accepted in WordPerfect, Word or ASCII 2. Describe any assumptions that you period. Comments received after the file format. Avoid the use of special used. close of the comment period will be characters and any form of encryption. 3. Provide any technical information marked ‘‘late.’’ EPA is not required to 2. By Mail. Send your comments to: and/or data you used that support your consider these late comments. Carlton Nash, Chief, Regulation views. 1. Electronically. If you submit an Development Section, Air Programs 4. If you estimate potential burden or electronic comment as prescribed Branch, (AR–18J), U.S. Environmental costs, explain how you arrived at your below, EPA recommends that you Protection Agency, Region 5, 77 West estimate. include your name, mailing address, Jackson Boulevard, Chicago, Illinois 5. Provide specific examples to and an e-mail address or other contact 60604. Please include the text ‘‘Public illustrate your concerns. information in the body of your comment on proposed rulemaking 6. Offer alternatives. comment. Also include this contact Regional Air Docket MI83’’ in the 7. Make sure to submit your information on the outside of any disk subject line on the first page of your comments by the comment period or CD ROM you submit, and in any comment. deadline identified. cover letter accompanying the disk or 3. By Hand Delivery or Courier. 8. To ensure proper receipt by EPA, CD ROM. This ensures that you can be Deliver your comments to: Carlton identify the appropriate regional file/ identified as the submitter of the Nash, Chief, Regulation Development rulemaking identification number in the comment and allows EPA to contact you Section, Air Programs Branch, (AR–18J), subject line on the first page of your in case EPA cannot read your comment U.S. Environmental Protection Agency, response. It would also be helpful if you due to technical difficulties or needs Region 5, 77 West Jackson Boulevard, provided the name, date, and Federal further information on the substance of 18th floor, Chicago, Illinois 60604. Such Register citation related to your your comment. EPA’s policy is that EPA deliveries are only accepted during the comments. will not edit your comment, and any Regional Office’s normal hours of E. Where Can I Find More Information identifying or contact information operation. The Regional Office’s official provided in the body of a comment will About This Proposal and the hours of business are Monday through Corresponding Direct Final Rule? be included as part of the comment that Friday, 8:30 to 4:30 excluding Federal is placed in the official public docket. holidays. For additional information see the If EPA cannot read your comment due direct final rule published in the rules to technical difficulties and cannot C. How Should I Submit CBI to the section of this Federal Register. Copies contact you for clarification, EPA may Agency? of the request and the EPA’s analysis are not be able to consider your comment. Do not submit information that you available for inspection at the above i. E-mail. Comments may be sent by consider to be CBI electronically to EPA. address. (Please telephone Christos electronic mail (e-mail) to You may claim information that you Panos at (312) 353–8328 before visiting [email protected]. Please include submit to EPA as CBI by marking any the Region 5 Office.) the text ‘‘Public comment on proposed part or all of that information as CBI (if Dated: May 16, 2003. rulemaking Region 5 Air Docket MI83’’ you submit CBI on disk or CD ROM, Norman Niedergang, in the subject line. EPA’s e-mail system mark the outside of the disk or CD ROM Acting Regional Administrator, Region 5. is not an ‘‘anonymous access’’ system. If as CBI and then identify electronically you send an e-mail comment directly within the disk or CD ROM the specific [FR Doc. 03–22158 Filed 8–29–03; 8:45 am] without going through Regulations.gov, information that is CBI). Information so BILLING CODE 6560–50–P EPA’s e-mail system automatically marked will not be disclosed except in captures your e-mail address. E-mail accordance with procedures set forth in ENVIRONMENTAL PROTECTION addresses that are automatically 40 CFR part 2. AGENCY captured by EPA’s e-mail system are In addition to one complete version of included as part of the comment that is the comment that includes any 40 CFR Part 52 placed in the official public docket. information claimed as CBI, a copy of ii. Regulations.gov. Your use of the comment that does not contain the [MN79–1b; FRL–7543–7] Regulations.gov is an alternative method information claimed as CBI must be of submitting electronic comments to submitted for inclusion in the official Approval and Promulgation of EPA. Go directly to Regulations.gov at public regional rulemaking file. If you Implementation Plans; Minnesota http://www.regulations.gov, then click submit the copy that does not contain AGENCY: Environmental Protection on the button ‘‘TO SEARCH FOR CBI on disk or CD ROM, mark the Agency (EPA). REGULATIONS CLICK HERE’’, and outside of the disk or CD ROM clearly ACTION: Proposed rule. select Environmental Protection Agency that it does not contain CBI. Information as the Agency name to search on. The not marked as CBI will be included in SUMMARY: We are proposing to approve list of current EPA actions available for the public file and available for public a site-specific revision to the Minnesota
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sulfur dioxide (SO2) State Final notice which is located in the copies of the materials submitted by Implementation Plan (SIP) for the Xcel Rules section of this Federal Register. South Carolina during normal business Energy (formerly known as Northern Copies of the request and the EPA’s hours at the following locations: EPA States Power Company) Inver Hills analysis are available for inspection at Region 4 Library, Atlanta Federal Generating Plant located in the city of the above address. (Please telephone Center, Library, 61 Forsyth Street, SW., Inver Grove Heights, Dakota County, Christos Panos at (312) 353–8328 before Atlanta, Georgia 30303; (404) 562–8190; Minnesota. By its submittal dated visiting the Region 5 Office.) or South Carolina Department of Health August 9, 2002, the Minnesota Pollution Dated: May 23, 2003. and Environmental Control, 2600 Bull Control Agency (MPCA) requested that Street, Columbia, South Carolina 29201, Jerri-Anne Garl, EPA approve Xcel’s federally (803) 896–4174. Acting Regional Administrator, Region 5. enforceable Title V operating permit FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–22154 Filed 8–29–03; 8:45 am] into the Minnesota SO2 SIP and remove Narindar Kumar, Chief, RCRA Programs the Xcel Administrative Order from the BILLING CODE 6560–50–P Branch, Waste Management Division, state SO2 SIP. The state is also U.S. Environmental Protection Agency, requesting in this submittal, that EPA at the above address and phone number. rescind the Administrative Order for ENVIRONMENTAL PROTECTION AGENCY SUPPLEMENTARY INFORMATION: Ashbach Construction Company For additional information, please see (Ashbach) from the Ramsey County 40 CFR Part 271 the immediate final rule published in particulate matter (PM) SIP. The the ‘‘Rules and Regulations’’ section of requests are approvable because they [FRL–7550–2] this Federal Register. meet the requirements of the Clean Air Dated: August 18, 2003. Act. In the final rules section of this South Carolina: Final Authorization of Federal Register, we are approving the State Hazardous Waste Management A. Stanley Meiburg, SIP revision as a direct final rule Program Revisions Acting Regional Administrator, Region 4. [FR Doc. 03–22311 Filed 8–29–03; 8:45 am] without prior proposal, because we AGENCY: Environmental Protection view this as a noncontroversial revision Agency (EPA). BILLING CODE 6560–50–P amendment and anticipate no adverse ACTION: Proposed rule. comments. A detailed rationale for the approval is set forth in the direct final SUMMARY: South Carolina has applied to FEDERAL COMMUNICATIONS rule. If no adverse comments are EPA for Final authorization of the COMMISSION received in response to this proposed changes to its hazardous waste program 47 CFR Parts 1, 2, 15, 27, 87, and 97 rule, no further activity is contemplated under the Resource Conservation and in relation to this proposed rule. If we Recovery Act (RCRA). EPA proposes to [ET Docket No. 00–258 and WT Docket No. receive adverse comments, the direct grant final authorization to South 02–8; FCC 03–134] final rule will be withdrawn and all Carolina. In the ‘‘Rules and public comments received will be Regulations’’ section of this Federal Federal Government 3G Relocation addressed in a subsequent final rule Register, EPA is authorizing the changes AGENCY: Federal Communications based on this proposed rule. We will not by an immediate final rule. EPA did not Commission. institute a second comment period on make a proposal prior to the immediate ACTION: Proposed rule. this action. Any parties interested in final rule because we believe this action commenting on this action should do so is not controversial and do not expect SUMMARY: This document proposes to at this time. comments that oppose it. We have make spectrum available for Federal DATES: Written comments must be explained the reasons for this Government operations that will be received on or before October 2, 2003. authorization in the preamble to the displaced from the band 1710–1850 Comments may also be submitted immediate final rule. Unless we get MHz as a result of making the 1710– electronically or through hand delivery/ written comments which oppose this 1755 MHz segment available to support courier, please follow the detailed authorization during the comment the introduction of new non-Federal instructions described in Part(I)(B)(1)(i) period, the immediate final rule will Government advanced wireless services through (iii)of the SUPPLEMENTARY become effective on the date it (AWS), including third generation INFORMATION section of the related direct establishes, and we will not take further wireless (3G) systems. The final rule which is published in the action on this proposal. If we get implementation of these proposals Rules section of this Federal Register. comments that oppose this action, we would substantially clear the band ADDRESSES: Written comments should will withdraw the immediate final rule 1710–1755 MHz of Federal Government be sent to: Carlton T. Nash, Chief, and it will not take effect. We will then operations that would have otherwise Regulation Development Section, Air respond to public comments in a later impeded the development of new Programs Branch (AR–18J), EPA Region final rule based on this proposal. You nationwide AWS services. 5, 77 West Jackson Boulevard, Chicago, may not have another opportunity for DATES: Written comments are due Illinois 60604–3590, comment. If you want to comment on November 3, 2003, and reply comments [email protected]. this action, you must do so at this time. are due December 1, 2003. FOR FURTHER INFORMATION CONTACT: DATES: Send your written comments by ADDRESSES: Office of the Secretary, Christos Panos, Regulation Development October 2, 2003. Federal Communications Commission, Section, Air Programs Branch (AR–18J), ADDRESSES: Send written comments to 445 12th Street, SW., TW–A325, EPA Region 5, 77 West Jackson Narindar Kumar, Chief, RCRA Programs Washington, DC 20554. Boulevard, Chicago, Illinois 60604, Branch, Waste Management Division, FOR FURTHER INFORMATION CONTACT: Tom (312) 353–8328, U.S. Environmental Protection Agency, Mooring, Office of Engineering and [email protected]. Atlanta Federal Center, 61 Forsyth Technology, (202) 418–2450, TTY (202) SUPPLEMENTARY INFORMATION: For Street, SW Atlanta, GA, 30303–3104; 418–2989, e-mail: additional information, see the Direct (404) 562–8448. You can examine [email protected].
VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52157
SUPPLEMENTARY INFORMATION: This is a commercial overnight courier, or by basis with BAS. The Commission states summary of the Commission’s Fourth first-class or overnight U.S. Postal that this action would provide a Notice of Proposed Rule Making, ET Service mail (although we continue to reasonable opportunity for clearing the Docket 00–258 and WT Docket No. 02– experience delays in receiving U.S. band 1710–1755 MHz for new 8, FCC 03–134, adopted June 13, 2003, Postal Service mail). The Commission’s nationwide AWS uses and that and released July 7, 2003. The full text contractor, Vistronix, Inc., will receive permitting DOD earth stations access to of this document is available for hand-delivered or messenger-delivered the band 2025–2110 MHz would also inspection and copying during regular paper filings for the Commission’s provide greater use of the band 2025– business hours in the FCC Reference Secretary at 236 Massachusetts Avenue, 2110 MHz without a significant impact Center (Room CY–A257), 445 12th NE., Suite 110, Washington, DC 20002. on incumbent operations. Street, SW., Washington, DC 20554. The The filing hours at this location are 8 2. DOD transmit earth stations are complete text of this document also may a.m. to 7 p.m. All hand deliveries must used to control satellites in both be purchased from the Commission’s be held together with rubber bands or geostationary and non-geostationary copy contractor, Qualex International, fasteners. Any envelopes must be orbits (NGSOs). Further, DOD TT&C 445 12th Street, SW., Room, CY–B402, disposed of before entering the building. earth stations use extremely large Washington, DC 20554. The full text Commercial overnight mail (other than antennas and high transmitter output may also be downloaded at: U.S. Postal Service Express Mail and powers to produce highly focused and www.fcc.gov. Alternative formats are Priority Mail) must be sent to 9300 East very powerful mainbeams and could available to persons with disabilities by Hampton Drive, Capitol Heights, MD have large coordination areas. Thus, contacting Brian Millin at (202) 418– 20743. U.S. Postal Service first-class these transmit earth stations could 7426 or TTY (202) 418–7365. mail, Express Mail, and Priority Mail potentially cause interference to BAS Pursuant to §§ 1.415 and 1.419 of the should be addressed to 445 12th Street, operations. Accordingly, the Commission’s rules, 47 CFR 1.415, SW., Washington, DC 20554. Commission finds that coordination will 1.419, interested parties may file be necessary between DOD earth comments on or before November 3, Summary Fourth Notice of Proposed stations operating in the band 2025– 2003, and reply comments on or before Rulemaking 2110 MHz and 2 GHz BAS operations. December 1, 2003. Comments may be The Band 2025–2110 MHz In this regard, the Commission will filed using the Commission’s Electronic maintain its longstanding policy that 1. The Commission proposes to revise Comment Filing System (ECFS) or by first-licensed facilities have the right of filing paper copies. See Electronic Filing footnote US346 to permit the U.S. protection from later-licensed facilities of Documents in Rulemaking Department of Defense (DOD) to operate operating in the same frequency band. Proceedings, 63 FR 24121 (May 1, 1998). tracking, telemetry, and commanding The Commission states that—with Comments filed through the ECFS can (TT&C) transmit earth stations at the 11 coordination—DOD earth stations at an be sent as an electronic file via the existing sites requested by the National additional 11 sites may also successfully Internet to http://www.fcc.gov/e-file/ Telecommunications and Information share frequencies in this band with the ecfs.html. Generally, only one copy of Administration (NTIA) on a co-equal, incumbent BAS operations based on a an electronic submission must be filed. primary basis with Television Broadcast variety of factors that can facilitate If multiple docket or rulemaking Auxiliary Service (BAS), the Local sharing of this spectrum. These include numbers appear in the caption of this Television Transmission Service terrain shielding and the facts that some proceeding, however, commenters must (LTTS), and the Cable Television Relay of the antennas may be pointed out to transmit one electronic copy of the Service (CARS) (together these three sea, that each TT&C channel is generally comments to each docket or rulemaking services will be referred to as BAS in used only for relatively short periods of number referenced in the caption. In this document) operations in the band time, that a TT&C channel is expected completing the transmittal screen, 2025–2110 MHz. The band 2025–2110 to impact only one BAS channel, that commenters should include their full MHz is the principal band for TT&C earth stations controlling GSO satellites name, U.S. Postal Service mailing Earth-to-space transmissions (uplinks) may point at such high elevation angles address, and the applicable docket or outside of the United States and the as to have a minimal impact on BAS rulemaking number. Parties may also proposed action would allow the operations, etc. The Commission solicits submit an electronic comment by military services to have access to it, comment on the specific factors that Internet e-mail. To get filing instructions thereby better harmonizing U.S. space would permit proposed spectrum for e-mail comments, commenters operations with the rest of the world. sharing. should send an e-mail to [email protected], The Commission makes this proposal so 3. Ordinarily in a Federal/non-Federal and should include the following words that the band 1710–1755 MHz can be Government shared band, DOD would in the body of the message, ‘‘get form substantively cleared of Federal follow NTIA’s procedures in securing VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52158 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules modifications. For example, frequency within these 11 areas coordinate their such high power levels coupled with coordination of the 2 GHz BAS band has systems with the local DOD facility. the noted attenuation characteristics long been entrusted to private 4. The Commission does not make would impact BAS operations in the coordinators, such as SBE. The this proposal without concerns. band 2025–2110 MHz. Commission also notes that the band Notably, it is concerned about the 6. The Commission requests comment 1990–2110 MHz supports a mix of impact on future BAS growth in areas on whether the limits specified above mobile TV pickup (TVPU) stations and near the 11 TT&C uplink earth stations, will be sufficient to protect the mobile fixed links and that BAS stations are especially in light of the ongoing digital and fixed receivers that will operate on currently transitioning to narrower television (DTV) transition. The spectrum above and below the band channels in the band 2025–2110 MHz, Commission solicits comment on its 2025–2110 MHz, or whether additional to accommodate new services in the proposal and on methods that could be requirements, e.g., specific limits on 1990–2025 MHz segment. In addition, employed to ensure future BAS growth. emissions generated outside the band because each local TV market may After coordination, local BAS users 2025–2110 MHz, will be necessary. The transition to a new BAS channel plan at should be able to work around Federal Commission notes that emissions different times, local frequency operations in the coordinated area. produced by the TT&C transmitters are coordinators may be in the best position Specifically, the Commission notes that expected to be greater than those that to assess requests that affect local new BAS stations can be added in areas will be produced by future digital BAS operating conditions. Thus, the near the 11 earth stations, if they are transmitters that will operate in the Commission proposes to require that, located near incumbent BAS stations, band 2025–2110 MHz. The Commission which will be protected as a result of prior to submitting applications for the therefore seeks comment on whether the the coordination process. Nonetheless, Federal Government’s unwanted authorization of the 11 earth stations to the Commission solicits comment on emission standard is sufficient to the Commission through the FAS, DOD whether other frequency bands are more protect out-of-band operations, or frequency coordinators and technical appropriate for the 11 TT&C uplink whether TT&C earth station emission representatives work with the local earth stations. limitations outside the band 2025–2110 frequency coordinator (in most cases, 5. The Commission also observes that MHz should be further limited. The this would be SBE) and the affected the adjacent frequency bands (1990– Commission observes that limiting BAS licensees to ensure that the DOD 2025 MHz and 2110–2155 MHz) have emissions outside the band 2025–2110 operations not cause interference to been reallocated to the fixed and mobile MHz could be accomplished by incumbent non-Federal Government services and addresses a concern that reducing power, by increasing the operations. Further, the Commission interference could be caused to these attenuation roll-off rate and the proposes that operation of these earth future services due to the placement of maximum roll-off, and by not using stations in the band 2025–2110 MHz not the 11 TT&C earth stations in the band spectrum immediately adjacent to the be authorized in the absence of 2025–2110 MHz. In particular, band edges, i.e., by providing for guard successful coordination between the interference could be caused by out-of- bands. The Commission requests affected parties. The Commission band emissions and by receiver comment on whether such measures expects that it may be necessary to overload. In addressing out-of-band should be taken, and specifically jointly establish with NTIA other non- emission interference, the Commission whether TT&C transmitter emissions standard coordination procedures notes that the unwanted emission outside the band 2025–2110 MHz during the course of this proceeding. standards for Federal Government earth should be limited to those of a digital The Commission seeks comment on stations operating above 960 MHz are BAS transmitter with a bandwidth of 12 coordination procedures that can be specified as follows: MHz and an output power of 13 dBW, implemented which will ensure that centered 6.5 MHz from the band edge both fixed and mobile BAS stations are For all systems operating in this frequency and meeting the emission mask in adequately protected and accommodate range the emissions radiated outside of the § 74.637(a)(2). the introduction of Federal earth necessary bandwidth shall roll-off at a rate 7. With regard to the potential for stations in this band. The Commission equal to or greater than 40 dB/decade (12 dB/ receiver overload interference, the acknowledges that the short separation octave) from the attenuation level at the limit of necessary bandwidth. The emissions Commission notes that TT&C distances identified above present power shall roll-off to a level of at least 60 transmitters are expected to operate coordination challenges. The dB below the transmissions Maximum Peak with transmitter output power levels Commission seeks comment on how SPD [Spectral Power Density] or less. The ranging from 100 watts to 10 kW. This these challenges can be addressed. The requirements in this standard specify the raises concerns about the potential for Commission recognizes that its Rules do upper bounds on unwanted emissions from overload of fixed and/or mobile not currently include coordination rules space and earth stations associated with the receivers operating near TT&C stations that protect the normal operating areas space services. receiving on spectrum above and below of TVPU stations, but it is hopeful that TT&C uplink channels in the band the band 2025–2110 MHz. The coordination between the parties is 1761–1842 MHz have a necessary Commission thus seeks comment on achievable for the 11 DOD transmit bandwidth of 4 MHz and the whether, based on the geographic earth stations without adversely Commission anticipates that new TT&C location of TT&C transmitters, affecting TVPU operations, particularly channels in the band 2025–2110 MHz interference of this type could occur. If reception at fixed sites, including will be approximately the same such interference is likely, the receive-only sites and at venues where bandwidth. NTIA indicates that Commission seeks comment on what sports or news events routinely occur. currently the signal level two-megahertz limits on TT&C transmitters (e.g., While the Commission does not believe away from a TT&C center frequency is reduced power levels, avoidance of the that non-Federal Government operations normally attenuated 20–25 dB below the upper and lower edges of the band are likely to cause interference to maximum peak SPD. TT&C uplink 2025–2110 MHz) might reduce the Federal Government operations, it will transmitter output power is expected to likelihood of overload interference to require that once a DOD earth station range from 100 watts to 10 kW. The adjacent band mobile and fixed has been coordinated, new BAS stations Commission solicits comment on how receivers. Similarly, the Commission VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52159 seeks comment on measures that need would provide 10 megahertz of needed transfer and reallocation. Therefore, the to be taken by fixed and mobile spectrum for commercial aeronautical Commission also proposes to allocate receivers to protect against this type of telemetry operations. The Commission the band 2385–2390 MHz to the interference. observes that aeronautical telemetry radiolocation service on a primary basis 8. The Commission also proposes to bandwidth requirements have and to the fixed service on a secondary permit DOD to operate stations in the significantly increased in recent years as basis for Federal Government use. NTIA fixed and mobile except aeronautical aircraft manufacturers collect increasing indicates that Federal Government use mobile services on a secondary basis in amounts of data and video concerning of the radiolocation allocation in the the band 2025–2110 MHz at the six sites the performance of prototype aircraft. band 2385–2390 MHz would be limited identified by NTIA in the southwestern Given the increasing amounts of data to the military services and thus, United States. NTIA states that because being collected in flight tests, and the footnote G2 would be revised to reflect these operations (such as tactical radio higher and higher data rates being this limitation. Consistent with the relay systems) are usually in remote utilized for such purposes, the above proposal to allocate the band areas, it would appear to be feasible for Commission tentatively finds that 2390–2395 MHz to the aeronautical DOD to operate on a coordinated basis additional spectrum for aeronautical mobile service on a primary basis for in this band. The Commission agrees telemetry use is necessary. Federal Government use, the with NTIA that it appears feasible for 12. In addition, the Commission Commission proposes to revise footnote DOD to operate stations in the fixed and observes that the aircraft manufacturers G122 so that Federal Government land mobile services on a secondary that make military aircraft are the same operations in the band 2390–2395 MHz basis at six sites in the southwestern as those that make commercial aircraft. would no longer be shown as being on United States and to also operate Further, Federal and non-Federal a non-interference basis to non-Federal stations in the maritime service in the Government users have traditionally Government operations. Pacific Missile Test Range/Pt. Mugu on shared the aeronautical telemetry bands 15. By footnote G120, NTIA prohibits a secondary basis without hindering on a co-primary basis, including the the development of airborne primary BAS fixed and mobile operations. The band 2385–2390 MHz. Therefore, the radars in the band 2310–2385 MHz with Commission requests comment on this Commission considers it beneficial to a peak transmitter power in excess of tentative finding and proposes to adopt expand the primary non-Federal 250 watts for use in the United States. a United States footnote. Government aeronautical telemetry NTIA has previously applied footnote 9. The Commission requests comment allocation to include the band 2385– G120 to the band 2385–2390 MHz. on all of the above proposals for the 2395 MHz. This action would make the During its work on this proposed rule, band 2025–2110 MHz. The Commission band available to non-Federal Commission staff noticed that the bands is particularly interested in commenters’ Government aeronautical telemetry 2310–2320 MHz and 2345–2360 MHz suggestions regarding how best to share operations, as well as to Federal are no longer allocated to the Federal the band 2025–2110 MHz between Government aeronautical mobile radiolocation service on a primary basis. incumbent uses and the proposed operations. As a consequence of these In addition, the Commission has extremely high powered transmitting proposals, the Commission proposes to recently proposed to downgrade the earth stations. In addition, if make a number of specific changes to Federal radiolocation service allocation commenters believe any of the 11 rules affecting various portions of the from primary to secondary status in the proposed earth station locations to be band 2360–2400 MHz. band 2320–2345 MHz because Satellite particularly problematic with regard to 13. As indicated previously, the band DARS licensees have commenced protecting BAS receive sites, it requests 2360–2385 MHz is currently allocated to operations. Therefore, the Commission specific suggestions and detailed the mobile service on a primary basis for proposes, with NTIA’s concurrence, to engineering analysis showing how such Federal and non-Federal Government amend footnote G120 by removing the situations can be resolved. use. The use of these mobile allocations band 2310–2360 MHz and by adding the is limited by footnote US276 to band 2385–2390 MHz. The Band 2360–2400 MHz aeronautical telemetering and associated 16. In order to promote spectrum 10. Consistent with the 2002 Viability telecommand operations for flight sharing between Federal and non- Assessment, the Commission proposes testing of manned and unmanned Federal Government operations, the to allocate the band 2360–2395 MHz for aircraft, missiles, or major components Commission proposes to remove the aeronautical mobile purposes on a thereof. In order to implement the recently added, but still unused, fixed primary basis for Federal Government proposal, the Commission would allocation from the band 2385–2390 use so that aeronautical mobile systems allocate the band 2385–2395 MHz to the MHz in the non-Federal Government that currently operate in the band 1710– mobile service on a primary basis for Table. The Commission also proposes to 1755 MHz at the 16 protected sites can Federal Government use and would re-apply the prior footnote US276 be relocated by December 2008. This modify footnote US276 to permit limitations on non-Federal Government relocation would substantively clear the Federal agencies to conduct all types of mobile use of the band 2385–2390 MHz band 1710–1755 MHz of Federal aeronautical mobile operations, not just and to also apply the footnote US276 Government systems so that this aeronautical telemetering and limitations on non-Federal Government spectrum can be used to accommodate telecommand operations. The mobile use of the band 2390–2395 MHz. AWS, including 3G systems. Commission also proposes to expand These actions would return the band 11. The Commission also proposes to the permissible uses under the Federal 2385–2390 MHz to use for non-Federal allocate the band 2390–2395 MHz to the Government mobile service allocation in Government flight test stations and mobile service on a primary basis for the band 2360–2395 MHz to include would also make available replacement non-Federal Government use and to land mobile and maritime mobile spectrum for non-Federal Government generally limit the use of this allocation applications on a secondary basis to flight test stations that are displaced and of the existing non-Federal aeronautical mobile applications. from the band 2310–2360 MHz, thereby Government mobile service allocation in 14. Except as described, this approach providing 35 megahertz (2360–2395 the band 2385–2390 MHz to would return the band 2385–2390 MHz MHz) of primary spectrum for non- aeronautical telemetry use. This action to its allocation status prior to its recent Federal Government aeronautical VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52160 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules telemetry purposes. In consideration of stations and thus, footnote NG174, Initial Regulatory Flexibility Analysis all the proposals for the band 2360– which states that frequencies in the 22. As required by the Regulatory 2395 MHz, the Commission proposes to band 2385–2400 MHz are not available Flexibility Act (RFA),1 the Commission revise footnote US276. for assignment to stations in the has prepared this Initial Regulatory 17. Under the proposal, the amateur aeronautical mobile service in Puerto Flexibility Analysis (IRFA) of the service would retain its current primary Rico, would no longer be needed. The possible significant economic impact on allocation at 2390–2400 MHz, but Commission also proposes to delete small entities by the policies and rules would be required to share the lower 5 footnote NG174. proposed in this Fourth Notice of megahertz with new Federal and non- Federal Government operations on a co- 20. The Commission proposes to Proposed Rule Making (4th NPRM). primary basis. The Commission rescind numerous changes to its WCS Written public comments are requested indicates that such sharing would not service rules that were made as part of on this IRFA and must be filed by the have a significant impact on amateur its action on the transfer and deadlines for comments on the 4th operations. Under its band plan, the reallocation of the band 2385–2390 NPRM provided in paragraph 66 of the Amateur Radio Relay League (ARRL) MHz. Specifically, the Commission 4th NPRM. The Commission will send has designated the 2390–2396 MHz proposes to add the band 2385–2390 a copy of the 4th NPRM, including this segment for use by ‘‘Fast Scan TV,’’ MHz back to the frequencies available to IRFA, to the Chief Counsel for Advocacy 2 which is a form of Amateur Television flight test stations in § 87.303 of its of the Small Business Administration. (ATV). However, there are numerous aviation service rules. It also proposes to In addition, the 4th NPRM (or other bands designated for ATV. rescind the changes made in the 27 summaries thereof), including the IRFA, Because of equipment availability, most Megahertz Service Rules R&O for the will be published in the Federal 3 ATV use appears to be in the bands band 2385–2390 MHz in parts 1, 27, and Register. 420–450 MHz and 902–928 MHz. The 87 of its Rules by removing regulations A. Need for, and Objectives of, the Commission proposes to amend containing this band from § 1.1307 Proposed Rules § 97.303 of its amateur Rules to reflect (Environmental Assessments); 27.1(b)(7) 23. The Commission proposes to this spectrum sharing proposal. The (Basis and Purpose); 27.4 (Terms and Commission solicits comment on allow DOD to use the band 2025–2110 definitions); 27.5(g) (Frequencies); MHz on a co-equal, primary basis with whether limits should be imposed on 27.6(g) (Service areas); 27.11(h) (Initial the amateur and/or mobile services in non-Federal Government operations for authorization); 27.12(b) (Eligibility); DOD earth stations at 11 sites that order to enhance spectrum sharing; if 27.13(f) (License period); 27.50(f) limits are necessary, comment is sought support DOD space operations. DOD (Power and antenna height limits); access to the band 2025–2110 MHz may on the limits that should be adopted. 27.53(i) (Emission limits); and 87.173, 18. The Commission observes that make more spectrum available in the note 1 (Frequencies); and by removing non-Federal Government flight test band 1755–1850 MHz for absorbing part 27, Subpart K (2385–2390 MHz stations in the band 2310–2390 MHz certain DOD systems displaced from the Band). In the Table of Frequency have long been subject to the emission band 1710–1755 MHz. In addition, the limitations that are specified in § 87.139 Allocations, the Commission also Commission proposes to permit the of its Rules. The Commission proposes proposes to revise the entry for the band military services to operate stations in to continue to employ these emission 2385–2390 MHz by replacing the cross the fixed and mobile services in the limitations for non-Federal Government reference to part 27 of its Rules band 2025–2110 MHz on a secondary flight test stations in the band 2385– (Miscellaneous Wireless (non-interference) basis at six sites in 2390 MHz. NTIA has established Communications Services) with a cross the southwestern region of the United significantly less stringent limits for reference to part 87 of its Rules States. unwanted emissions from aeronautical (Aviation Services) to reflect the re- 24. The Commission also proposes to telemetry operations in this band than designation of the band 2385–2390 make numerous allocation changes to those requested by the Satellite Radio MHz. the band 2360–2400 MHz, the most Licensees (25 to 55 dB less stringent 21. Nearly seven years after the significant of which would rescind the than the WCS fixed and mobile limits). Commission made the band 2390–2400 recent establishment of Wireless Therefore, the Commission requests MHz available for unlicensed use, there Communications Services at 2385–2390 comment on the appropriate out-of-band is still no equipment authorized or MHz, allow Federal and non-Federal emission limits that are necessary to anticipated for this band. In order to Government flight test stations to protect Satellite DARS reception from remove possible sources of harmful operate in the band 2385–2395 MHz, both aeronautical (ground) stations and interference to primary and no longer make the band 2390–2400 from aircraft stations. radiocommunication services in the MHz available for use by unlicensed 19. Under the proposal, the band 2390–2395 MHz segment, the Personal Communications Services 2385–2390 MHz would be available for devices. These allocation changes Commission proposes to no longer make aeronautical telemetering and associated would permit DOD to relocate all the band 2390–2400 MHz available for telecommand for both Federal and non- aeronautical mobile systems out of the unlicensed PCS use. Specifically, the Federal Government licensees and thus, band 1710–1755 MHz, which is a major Commission proposes to revise part 15 footnote US363, which grandfathered objective for facilitating the introduction of its Rules by removing the band 2390– various Federal and non-Federal of AWS. In addition, these allocation Government sites for aeronautical 2400 MHz from various technical rules changes would provide needed telemetering and associated that apply to asynchronous devices, i.e., telecommand purposes, would no §§ 15.301 (Scope); 15.303(a), (g), and (i) 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601— longer be needed. The Commission (Definitions); 15.319(a) (General 612, has been amended by the Small Business therefore proposes to delete footnote technical requirements); and 15.321(a), Regulatory Enforcement Fairness Act of 1966 (b), and (g) (Specific requirements for (SBREFA), Public Law 104–121, 110 Stat. 847 US363. The proposal would also limit (1996). non-Federal Government use of the asynchronous devices operating in the 2 5 U.S.C. 603(a). band 2385–2390 MHz to flight test 2390–2400 MHz band). 3 Id. VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52161 replacement spectrum for use by DOD States.11 This number includes 39,044 Census Bureau data for 1997, there were and commercial flight test stations, county governments, municipalities, 1,311 firms within the industry category which may shortly lose access to the 35 and townships, of which 37,546 Cable and Other Program Distribution, megahertz of spectrum at 1525–1535 (approximately 96.2%) have total, that operated for the entire year.16 MHz and 2320–2345 MHz. populations of fewer then 50,000 and Of this total, 1,180 firms had annual 1,498 have populations of 500,000 or receipts of $9,999,999.00 or less, and an B. Legal Basis more. Thus, the Commission estimates additional 52 firms had receipts of $10 25. This action is authorized under the number of small governmental million to $24,999,999.00.17 Thus, Sections 1, 4(i), 302, 303(f) and (r), 332, jurisdictions overall to be approximately under this standard, the majority of and 337 of the Communications Act of 84,098 or fewer. firms can be considered small. 1934, as amended, 47 U.S.C. 1, 4(i), 28. In the band 2025–2110 MHz, the Local Television Transmission Service 154(i), 302, 303(f) and (r), 332, 337. proposals in this 4th NPRM would affect (LTTS) There are 33 LTTS licensees in licensees in the Television Broadcast the band 1990–2025 MHz. It is unclear C. Description and Estimate of the Auxiliary Service (BAS), the Local how many of these would be affected by Number of Small Entities to Which the Television Transmission Service our proposals. The Commission has not Proposed Rule Will Apply (LTTS), and the Cable Television Relay yet defined a small business with Service (CARS). respect to local television transmission 26. The RFA directs agencies to Broadcast Auxiliary Service (BAS) services. For purposes of this IRFA, The provide a description of, and, where involves a variety of transmitters, Commission will use the SBA’s feasible, an estimate of, the number of generally used to relay broadcast definition applicable to wireless and small entities that may be affected by programming to the public (through other telecommunications companies— the rules adopted herein.4 The RFA translator and booster stations) or i.e., an entity with no more than 1,500 generally defines the term ‘‘small within the program distribution chain persons.18 According to Census Bureau entity’’ as having the same meaning as (from a remote news gathering unit back data for 1997, there were 977 firms in the terms ‘‘small business,’’ ‘‘small to the stations). There are approximately this category, total, that operated for the organization,’’ and ‘‘small governmental 568 TV BAS licensees in the band 1990– 19 5 entire year. Of this total, 965 firms had jurisdiction.’’ In addition, the term 2025 MHz. It is unclear how many of employment of 999 or fewer employees, ‘‘small business’’ has the same meaning these would be affected by our and an additional 12 firms had as the term ‘‘small business concern’’ proposals. employment of 1,000 employees or 6 under the Small Business Act. A 29. The Commission has not more.20 Thus, under this size standard, ‘‘small business concern’’ is one which: developed a definition of small entities the great majority of firms can be (1) Is independently owned and specific to broadcast auxiliary licensees. considered small. operated; (2) is not dominant in its field The U.S. Small Business Administration 30. In the band 2360–2390 MHz, the of operation; and (3) satisfies any (SBA) has developed small business size proposals are not expected to impact additional criteria established by the standards, as follows: For TV BAS, The licensees of flight test stations, except to Small Business Administration (SBA).7 Commission will use the size standard provide continued access to the band 27. A small organization is generally for Television Broadcasting, which 2385–2390 MHz segment. That is, ‘‘any not-for-profit enterprise which is consists of all such companies having Federal and non-Federal Government independently owned and operated and annual receipts of no more than $12.0 licensees of flight test stations have long is not dominant in its field.’’ 8 million.12 According to Census Bureau shared the band 2360–2390 MHz and Nationwide, as of 1992, there were data for 1997, there were 906 Television our proposals would essentially return approximately 275,801 small Broadcasting firms, total, that operated the band 2385–2390 MHz to its state organizations.9 ‘‘Small governmental for the entire year.13 Of this total, 734 prior to reallocation. The additional jurisdiction’’ generally means firms had annual receipts of flexibility given to Federal Government ‘‘governments of cities, counties, towns, $9,999,999.00 or less and an additional users is not expected to impact licensees townships, villages, school districts, or 71 had receipts of $10 million to of flight test stations because this use special districts, with a population of $24,999,999.00.14 Thus, under this would be on a secondary basis. less than 50,000.’’ 10 As of 1997, there standard, the majority of firms can be 31. In the band 2390–2400 MHz, the were approximately 87,453 considered small. proposals are not expected to greatly governmental entities in the United Cable Antenna Relay Service (CARS) impact licensees in the amateur service There are nine CARS mobile licensees or manufacturers of unlicensed PCS. 4 5 U.S.C. 604(a)(3). in the band 1990–2025 MHz. It is Federal and non-Federal Government 5 5 U.S.C. 601(6). unclear how many of these would be use of the band 2390–2395 MHz is 6 5 U.S.C. 601(3) (incorporating by reference the affected by our proposals. The SBA has expected to occur at only a limited definition of ‘‘small-business concern’’ in the Small developed a small business size number of aeronautical telemetry ranges Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. standard for Cable and other Program in remote areas. The Commission 601(3), the statutory definition of a small business Distribution, which consists of all such applies ‘‘unless an agency, after consultation with reviewed its files and found that no the Office of Advocacy of the Small Business companies having annual receipts of no Administration and after opportunity for public more than $12.5 million.15 According to 16 Id. at NAICS code 515120. comment, establishes one or more definitions of 17 Id. The census data do not provide a more such term which are appropriate to the activities of 11 U.S. Census Bureau, Statistical Abstract of the precise estimate. the agency and publishes such definition(s) in the United States: 2000, Section 9, pages 299–300, 18 13 CFR 121.201, NAICS code 517212. Federal Register.’’ Tables 490 and 492. 19 U.S. Census Bureau, 1997 Economic Census, 7 15 U.S.C. 632. 12 13 CFR 121.201, NAICS code 515120. Subject Series: Information, ‘‘Employment Size of 8 5 U.S.C. 601(4). 13 U.S. Census Bureau, 1997 Economic Census, Firms Subject to Federal Income Tax: 1997,’’ Table 9 Department of Commerce, U.S. Bureau of the Subject Series: Information, ‘‘Receipts Size of Firms 5, NAICS code 517212 (issued Oct. 2000). Census, 1992 Economic Census, Table 6 (special Subject to Federal Income Tax: 1997,’’ Table 4, 20 Id. The census data do not provide a more tabulation of data under contract to Office of NAICS code 515120 (issued Oct. 2000). precise estimate of the number of firms that have Advocacy of the U.S. Small Business 14 Id. The census data do not provide a more employment of 1,500 or fewer employees; the Administration). precise estimate. largest category provided is ‘‘Firms with 1,000 10 5 U.S.C. 601(5). 15 Id. at NAICS code 515120. employees or more.’’ VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52162 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules unlicensed PCS device has been 35. The Commission has proposed to 47 CFR Part 2 authorized in the band 2390–2400 MHz. require that the 11 Federal Government Radio, Telecommunications. 32. The Commission seeks comment earth stations prior coordinate their on this analysis. In providing such frequency use. Such a requirement will 47 CFR Part 15 comment, commenters are requested to ensure that these earth stations operate Communications equipment. provide information regarding how in a manner that minimizes the many total and small business entities potential of causing harmful 47 CFR Part 27 would be affected. interference. This action is expected to Radio. protect incumbent BAS, LTTS, and D. Description of Projected Reporting, CARS systems from service disruptions 47 CFR Part 87 Recordkeeping, and Other Compliance caused by receiving harmful Radio. Requirements interference. The Commission seeks 33. The proposed rules would require comment on significant alternatives 47 CFR Part 97 that DOD coordinate a request for use of commenters believe should be adopted. Communications equipment, Radio. frequencies in the band 2025–2110 MHz F. Federal Rules That May Duplicate, Federal Communications Commission. prior to submitting an application to the Overlap, or Conflict With the Proposed William F. Caton, Commission. Commission licensees may Rules Deputy Secretary. choose to conduct studies or incur other expenses during the coordination 36. None. Proposed Rules process. The Commission is unable to Ordering Clauses For the reasons discussed in the estimate the costs involved with the preamble, the Federal Communications coordination process. 37. Pursuant to Sections 1, 4(i), 7(a), 301, 302(a), 303(f), 303(g), 303(r), 307, Commission proposes to amend 47 CFR E. Steps Taken To Minimize Significant 308, 309(j), 316, 332, 334, and 336 of the parts 1, 2, 15, 27, 87, and 97 as follows: Economic Impact on Small Entities, and Communications Act of 1934, as Significant Alternatives Considered amended, 47 U.S.C. Sections 151, 154(i), PART 1—PRACTICE AND PROCEDURE 34. The RFA requires an agency to 157(a), 301, 302(a), 303(f), 303(g), 303(r), describe any significant alternatives that 307, 308, 309(j), 316, 332, 334, and 336, 1. The authority citation for part 1 it has considered in reaching its the Fourth Notice of Proposed continues to read as follows: proposed approach, which may include Rulemaking is hereby adopted. 38. The Commission’s Consumer Authority: 47 U.S.C. 151, 154(i), 154(j), the following four alternatives (among 155, 225, 303(r), 309, and 325(e). others): (1) The establishment of Information and Governmental Affairs 2. Section 1.1307 is amended by differing compliance or reporting Bureau, Reference Information Center, revising the entry for ‘‘Wireless requirements or timetables that take into shall send a copy of this Fourth Notice Communications Service (part 27)’’ in account the resources available to small of Proposed Rulemaking, including the paragraph (b)(1) to read as follows: entities; (2) the clarification, Initial Regulatory Flexibility Analysis, consolidation, or simplification of to the Chief Counsel for Advocacy of the § 1.1307 Actions that may have a compliance or reporting requirements Small Business Administration. significant environmental effect, for which under the rule for small entities; (3) the List of Subjects Environmental Assignments (EAs) must be use of performance, rather than design, prepared. standards; and (4) an exemption from 47 CFR Part 1 * * * * * coverage of the rule, or any part thereof, Administrative practice and (b) * * * for small entities.21 procedures, Radio. (1) * * * TABLE 1.—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION Service (title 47 CFR rule part) Evaluation requirement if: ******* Wireless Communications Service (Part 27) ...... (1) For the 1390–1392 MHz, 1392–1395 MHz, 1432–1435 MHz , and 1670–1675 MHz bands: Non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m and total power of all channels > 2000 W ERP (3280 W EIRP) Building-mounted antennas: total power of all channels > 2000 W ERP (3280 W EIRP) (2) for the 746–764 MHz, 776–794 MHz, 2305–2320 MHz, and 2345– 2360 MHz bands Total power of all channels > 1000 W ERP (1640 W EIRP) ******* 21 5 U.S.C. 603(c). VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52163 * * * * * 4. Amend § 2.106 as follows: d. In the list of Federal Government a. Revise pages 48, 50, and 51 of the footnotes, revise footnotes G2, G120, PART 2—FREQUENCY ALLOCATIONS Table. and G122. AND RADIO TREATY MATTERS; b. In the list of United States GENERAL RULES AND REGULATIONS footnotes, revise footnotes US276 and The revisions and additions read as US346, remove US363, and add footnote follows: 3. The authority citation for part 2 USxxx. § 2.106 Table of Frequency Allocations. continues to read as follows: c. In the list of non-Federal * * * * * Authority: 47 U.S.C. 154, 302a, 303, and Government footnotes, remove footnote 336, unless otherwise noted. NG174. BILLING CODE 6712–01–P VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52164 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4725 E:\FR\FM\02SEP1.SGM 02SEP1 EP02SE03.001 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52165 VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4725 E:\FR\FM\02SEP1.SGM 02SEP1 EP02SE03.002 52166 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 EP02SE03.003 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52167 BILLING CODE 6712–01–C stations for telemetering and associated Television Broadcast Auxiliary Service, the * * * * * telecommand operations of expendable and Cable Television Relay Service, or the Local reusable launch vehicles whether or not such Television Transmission Service. To United States (US) Footnotes operations involve flight testing: 2332.5 MHz, facilitate compatible operations between non- * * * * * 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. Federal Government terrestrial receiving Other Federal Government mobile uses and stations and Federal Government earth US276 Except as otherwise provided for other non-Federal Government mobile station transmitters, coordination is required. herein, use of the bands and 2320–2345 MHz telemetering uses shall be secondary to the To facilitate compatible operations between and 2360–2395 MHz by the mobile service is above uses. non-Federal Government terrestrial limited to Federal Government aeronautical * * * * * transmitting stations and Federal mobile applications and to non-Federal US346 Except as provided for below and Government spacecraft receivers, the Government aeronautical telemetering and by footnote US222, Federal Government use terrestrial transmitters shall not be high- associated telecommand operations for flight of the band 2025–2110 MHz by the space density systems (see Recommendations ITU– testing of aircraft, missiles or major operation service (Earth-to-space), Earth R SA.1154 and ITU–R F.1247). Military components thereof. The following four exploration-satellite service (Earth-to-space), satellite control stations at the following sites frequencies are shared on a co-equal basis by and space research service (Earth-to-space) shall operate on a co-equal, primary basis Federal and non-Federal Government shall not constrain the deployment of the with non-Federal Government operations: Facility Coordinates Naval Satellite Control Network, Prospect Harbor, ME ...... 44° 24′55″ N 068°00′50″ W New Hampshire Tracking Station, New Boston AFS, NH ...... 42°56′52″ N 071°37′37″ W Eastern Vehicle Check-out Facility & GPS Ground Antenna Monitoring Station, Cape Canav- 28°29′10″ N 080°34′34″ W eral, FL. Buckley AFB, CO ...... 39°42′55″ N 104°46′29″ W Colorado Tracking Station, Schriever AFB, CO ...... 38°48′21″ N 104°03′43″ W Kirtland AFB, NM ...... 35°03′00″ N 106°24′00″ W Camp Parks Communications Annex, Pleasanton, CA ...... 37°44′00″ N 121°52′00″ W Naval Satellite Control Network, Laguna Peak, CA ...... 34°06′55″ N 119°04′50″ W Vandenberg Tracking Station, Vandenberg AFB, CA ...... 34°49′24″ N 120°31′54″ W Hawaii Tracking Station, Kaena Pt, Oahu, HI ...... 21°33′48″ N 158°14′54″ W Guam Tracking Stations, Anderson AFB, and Naval CTS, Guam ...... 13°36′48″ N 144°51′12’’ E * * * * * USxxx In the band 2025–2110 MHz, the services on a secondary and coordinated military services may operate stations in the basis at the following sites: fixed and mobile except aeronautical mobile Radius of op- Site Coordinates eration (km) Nellis AFB, NV ...... 36°14′ N 115°02′ W ...... 80 China Lake, CA ...... 35°41′ N 117°41′ W ...... 50 Ft. Irwin, CA ...... 35°16′ N 116°41′ W ...... 50 Pacific Missile Test Range/Pt. Mugu, CA ...... 34°07′ N 119°30′ W ...... 80 Yuma, AZ ...... 32°32′ N 113°58′ W ...... 80 White Sands Missile Range, NM ...... 33°00′ N 106°30′ W ...... 80 * * * * * implementation of any non-Federal § 15.303 Definitions. Government operations. Federal Government (G) Footnotes * * * * * * * * * * (g) Personal Communications Services * * * * * (PCS) Devices [Unlicensed]. Intentional G2 In the bands 216–225 MHz, 420–450 PART 15—RADIO FREQUENCY radiators operating in the frequency MHz (except as provided by US217), 890–902 DEVICES band 1920–1930 MHz that provide a MHz, 928–942 MHz, 1300–1390 MHz, 2310– 5. The authority citation for part 15 wide array of mobile and ancillary fixed 2390 MHz, 2417–2450 MHz, 2700–2900 continues to read as follows: communication services to individuals MHz, 5650–5925 MHz, and 9000–9200 MHz, and businesses. the Government radiolocation service is Authority: 47 U.S.C. 154, 302, 303, 304, limited to the military services. 307, 336, and 554A. * * * * * * * * * * 6. Section 15.301 is revised to read as 8. Section 15.319 is amended by G120 Development of airborne primary follows: revising paragraph (a) to read as follows: radars in the band 2360–2390 MHz with peak § 15.301 Scope. § 15.319 General technical requirements. transmitter power in excess of 250 watts for This subpart sets out the regulations use in the United States is not permitted. (a) The 1920–1930 MHz band is for unlicensed personal G122 In the bands 2395–2400 MHz, limited to use by isochronous devices communications services (PCS) devices 2402–2417 MHz, and 4940–4990 MHz, under the requirements of § 15.323. operating in the 1920–1930 MHz band. Federal Government operations may be * * * * * authorized on a non-interference basis to 7. Section 15.303 is amended by removing and reserving paragraphs (a) authorized non-Federal Government § 15.321 [Removed] operations, but shall not hinder the and (i) and by revising paragraph (g) to read as follows: 9. Section 15.321 is removed. VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52168 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules PART 27—MISCELLANEOUS § 27.53 [Amended] 25. Section 97.303 is amended by WIRELESS COMMUNICATIONS 19. Section 27.53 is amended by revising paragraph (j)(2)(iii) to read as SERVICES removing paragraph (j) and by follows: redesignating paragraph (k) as paragraph 10. The authority citation for part 27 (j). § 97.303 Frequency sharing requirements. continues to read as follows: * * * * * Authority: 47 U.S.C. 154, 301, 302, 303, Subpart K [Removed] (j) * * * (2) * * * 307, 309, 332, 336, and 337, unless otherwise 20. Subpart K is removed. noted. (iii) The 2390–2417 MHz segment is PART 87—AVIATION SERVICES allocated to the amateur service on a § 27.1 [Amended] primary basis. 11. In § 27.1 remove paragraph (b)(7). 21. The authority citation for part 87 (A) The 2390–2395 MHz segment is continues to read as follows: 12. Section 27.4 is amended by shared with Federal and non-Federal revising the definition of ‘‘Band Authority: 47 U.S.C. 154, 303 and 307(e), Government mobile services on a co- Manager’’ to read as follows: unless otherwise noted. equal basis. See 47 CFR 2.106, footnote US276. § 27.4 Terms and definitions. § 87.173 [Amended] (B) Amateur stations operating in the * * * * * 22. Section 87.173 is amended by 2400–2417 MHz segment must accept revising the entry ‘‘2310–2390 MHz’’ to harmful interference that may be caused Band Manager. The term Band read ‘‘2310–2395 MHz’’ in paragraph Manager refers to a licensee in the by industrial, scientific and medical (b). equipment. paired 1392–1395 MHz and 1432–1435 23. Section 87.303 is amended by MHz bands and the unpaired 1390–1392 revising paragraph (d)(1) to read as * * * * * MHz, and 1670–1675 MHz bands that follows: [FR Doc. 03–22200 Filed 8–29–03; 8:45 am] functions solely as a spectrum broker by BILLING CODE 6712–01–P subdividing its licensed spectrum and § 87.303 Frequencies. making it available to system operators * * * * * or directly to end users for fixed or (d)(1) Frequencies in the bands 1435– DEPARTMENT OF TRANSPORTATION mobile communications consistent with 1525 MHz and 2360–2395 MHz are Commission Rules. A Band Manager is assigned primarily for telemetry and Surface Transportation Board directly responsible for any interference telecommand operations associated or misuse of its licensed frequency with the flight testing of aircraft and 49 CFR Part 1152 arising from its use by such non- missiles, or their major components. [STB Ex Parte No. 537 (Sub-No. 1)] licensed entities. The bands 1525–1535 MHz and 2310– * * * * * 2360 MHz are also available for these Public Participation in Railroad purposes on a secondary basis. Abandonment Proceedings § 27.5 [Amended] Permissible uses of these bands include 13. In § 27.5 remove paragraph (g). telemetry and telecommand AGENCY: Surface Transportation Board. transmissions associated with the ACTION: Notice of proposed rulemaking. § 27.6 [Amended] launching and reentry into the Earth’s 14. In § 27.6 remove paragraph (g). atmosphere, as well as any incidental SUMMARY: The Surface Transportation orbiting prior to reentry, of manned or Board (Board) is proposing to amend its § 27.11 [Amended] unmanned objects undergoing flight regulations concerning the service of a 15. In § 27.11 remove paragraph (h). tests. In the band 1435–1530 MHz, the notice of intent to abandon or 16. Section 27.12 is amended by following frequencies are shared with discontinue rail service by removing an revising paragraph (b) introductory text flight telemetry mobile stations: 1444.5, obsolete reference to a labor to read as follows. 1453.5, 1501.5, 1515.5, 1524.5, and organization and making technical 1525.5 MHz. In the band 2360–2390 changes. § 27.12 Eligibility. MHz, the following frequencies may be DATES: Comments are due October 2, * * * * * assigned on a co-equal basis for 2003. (b) Band Manager licenses. For the telemetry and associated telecommand ADDRESSES: Send an original and 10 1392–1395 MHz and 1670–1675 MHz operations in fully operational or copies of comments referring to ‘‘STB bands and the paired 1392–1395 MHz expendable and re-usable launch Ex Parte No. 537 (Sub-No. 1)’’ to: and 1432–1435 MHz bands, applicants vehicles, whether or not such operations Surface Transportation Board, 1925 K applying for an initial license may elect involve flight testing: 2364.5, 2370.5 Street, NW., Washington, DC 20423– to operate as a Band Manager, subject to and 2382.5 MHz. In the band 2360–2395 0001. the rules governing Guard Band MHz, all other mobile telemetry uses are Managers under subpart G, provided secondary to the above stated launch FOR FURTHER INFORMATION CONTACT: John however, that the following rules do not vehicle uses. Sado, (202) 565–1661. [Federal apply to Band Managers: * * * * * Information Relay Service for the * * * * * hearing impaired: 1–800–877–8339.] PART 97—AMATEUR RADIO SERVICE SUPPLEMENTARY INFORMATION: The § 27.13 [Amended] 24. The authority citation for part 97 regulations at 49 CFR 1152.20(a)(2) 17. In § 27.13 remove paragraph (f). continues to read as follows: provide that applicants seeking to abandon or discontinue rail service § 27.50 [Amended] Authority: 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154, 303. Interpret or must serve their notices of intent on 18. In § 27.50 remove paragraph (f), apply 48 Stat. 1064–1068, 1081–1105, as certain interested parties, including, and redesignate paragraph (g) as amended; 47 U.S.C. 151–155, 301–609, under section 1152.20(a)(2)(xi), ‘‘[t]he paragraph (f). unless otherwise noted. headquarters of the Railroad Labor VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52169 Executives’ Association’’ (RLEA). It is Termination Act of 1995), 721(a), 10502, treaties and laws. This determination is the Board’s understanding that RLEA no 10903–10905, and 11161. based on available data indicating that longer exists, and it is proposed that 2. Section 1152.20 is amended by these species have recovered. section 1150.20(a)(2)(xi) be removed. removing paragraph (a)(2)(xi) and DATES: We must receive your written The regulations, however, still provide redesignating paragraphs(a)(2)(xii) and comments on this proposed rule by labor interests with notice of proposed (xiii) as paragraphs 1150.20(a)(2)(xi) and December 1, 2003 in order to consider abandonments or discontinuances, (xii), respectively. them. We must receive your written because current section 3. Revise § 1150.20(a)(2)(ii) and newly request for a public hearing by October 1150.20(a)(2)(xiii) requires service on redesignated § 1150.20(a)(2)(xii) to read 17, 2003. ‘‘[t]he headquarters of all duly certified as follows: ADDRESSES: Submit comments, labor organizations that represent § 1152.20 Notice of intent to abandon information, questions, and hearing employees on the affected rail line.’’ 1 or discontinue service. requests to the Chief, Division of This paragraph also contains language (a) * * * Scientific Authority; U.S. Fish and that should be moved for clarity: ‘‘For (2) * * * Wildlife Service, 4401 North Fairfax the purposes of this subsection ‘directly (ii) The Governor (by certified mail) of Drive, Room 750; Arlington, VA 22203; affected states’ are those in which any each state directly affected by the fax, 703–358–2276; E-mail, part of the line sought to be abandoned abandonment or discontinuance (for the [email protected]. Comments is located.’’ This language would be purposes of this paragraph (a)(2) ‘‘states and materials received will be available more appropriate in section directly affected’’ are those in which for public inspection by appointment, 1150.20(a)(2)(ii), and the Board any part of the line sought to be from 8 a.m. to 4 p.m., Monday through proposes to move the substance of that abandoned is located); Friday, at the Arlington, VA, address. language to that location. Finally, we * * * * * FOR FURTHER INFORMATION CONTACT: Dr. propose to redesignate sections (xii) The headquarters of all duly Michael D. Kreger, Division of Scientific 1150.20(a)(2)(xii) and (xiii) as sections certified labor organizations that Authority (See ADDRESSES section; 1150.20(a)(2)(xi) and (xii), respectively. represent employees on the affected rail phone, 703–358–1708; fax, 703–358– The Board certifies that the proposed line. 2276; E-mail, rule will not have a significant * * * * * [email protected]. economic impact on a substantial SUPPLEMENTARY INFORMATION: number of small entities, because the [FR Doc. 03–22292 Filed 8–29–03; 8:45 am] rule simply removes an obsolete BILLING CODE 4915–00–P Background reference and makes technical changes. Scarlet-Chested Parakeet The Board seeks comments on all matters raised by this notice. DEPARTMENT OF THE INTERIOR The splendid or scarlet-chested This action will not significantly parakeet (Neophema splendida) is Fish and Wildlife Service affect either the quality of the human found from the interior southwest to environment or the conservation of southeast Australia in arid mixed mallee 50 CFR Part 17 energy resources. eucalypt (Eucalyptus salubris)—mulga RIN 1018–AI04 (Acacia spp.) woodlands with an List of Subjects in 49 CFR Part 1152 understory of Triodia spp. hummock Administrative practice and Endangered and Threatened Wildlife grassland (Higgins 1999). Its habitat procedure, Railroads, Reporting and and Plants; Proposed Removal of the preference is burnt areas. It is frequently recordkeeping requirements, and Scarlet-chested Parakeet and found in open areas (Garnett and Uniform System of Accounts. Turquoise Parakeet from the List of Crowley 2000). The species breeds between August and January and lays Decided: August 25, 2003. Endangered and Threatened Wildlife four to six eggs. It may be nomadic in By the Board, Chairman Nober. AGENCY: Fish and Wildlife Service, response to environmental conditions Vernon A. Williams, Interior. (e.g., rainfall; Collar 1997). Collar (1997) Secretary. ACTION: Proposed rule. notes that the birds are generally rare, For the reasons set forth in the but large numbers have occurred in preamble, the Surface Transportation SUMMARY: We, the U.S. Fish and certain years, which suggests that the Board proposes to amend part 1152, of Wildlife Service (Service), propose to populations may increase relatively title 49, chapter X, of the Code of remove the scarlet-chested parakeet quickly and the species may not be as Federal Regulations as follows: (Neophema splendida) and the rare as thought in the more remote parts turquoise parakeet (Neophema of its range. The size of the species’ PART 1152—ABANDONMENT AND pulchella) from the List of Endangered range is stable, but the distribution of DISCONTINUANCE OF RAIL LINES and Threatened Wildlife established the population within the range AND RAIL TRANSPORTATION UNDER under the Endangered Species Act of fluctuates according to environmental 49 U.S.C. 10903 1973, as amended (Act), because the conditions such as grazing and fire endangered designation no longer regimes (Garnett and Crowley 2000). 1. The authority citation for Part 1152 correctly reflects the current continues to read as follows: conservation status of these birds. Our Turquoise Parakeet Authority: 11 U.S.C. 1170; 16 U.S.C. review of the status of these species The turquoise parakeet (Neophema 1247(d) and 1248; 45 U.S.C. 744; and 49 shows that the wild populations of these pulchella) is found in southeastern U.S.C. 701 note (1995) (section 204 of the ICC species are stable or increasing, trade in Australia from southeast Queensland to wild-caught specimens is strictly northern Victoria. It is found in open 1 Similar language for giving notice to labor limited, and the species are protected forest, woodland, and native grasslands, representatives is found at sections 1121.4(h), 1150.32(e), 1150.35(c)(3), 1150.42(e), 1150.45(c)(3) through domestic regulation within the where it is patchily distributed (Collar and 1151.2(a)(6) concerning acquisition or range country (Australia) and through 1997). It feeds on seeds, fruits, and operation of rail lines or feeder line applications. additional national and international flowers; breeds from August to VerDate jul<14>2003 16:45 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52170 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules December and lays four to five eggs; and once every 5 years. The purpose of the Conservation of Nature and Natural is mostly sedentary, with local review is to ensure that the Lists of Resources) Red List of Threatened dispersals resulting from rainfall which Endangered and Threatened Wildlife Species downlisted the scarlet-chested stimulates production of food such as (50 CFR 17.11) accurately reflect the parakeet from vulnerable (facing high seeds (Collar 1997). The species most current status information for each risk of extinction in the wild in the declined to near extinction from 1880 listed species. We requested comments medium-term future, but not very high through the 1920s, possibly because of and the most current scientific or or extremely high) to lower risk/near habitat clearance, drought, or an commercial information available on threatened (taxa that do not qualify as epidemic, but recovered rapidly after these species, as well as information on Conservation Dependent, but which are 1930 (Collar 1997; Garnett and Crowley other species that may warrant future close to qualifying as vulnerable). This 2000). Numbers appear to be greatest in consideration for listing. If the present status was maintained in the 2002 IUCN protected reserves, indicating that classification of species is not consistent Red List of Threatened Species. The surrounding agricultural land may with the best scientific and commercial turquoise parakeet is not included in the reduce foraging opportunities (Collar information available at the conclusion 2002 IUCN Red List of Threatened 1997). The size of the species’ range is of this review, we may propose changes Species. stable, and the area of population to the list accordingly. One commenter distribution within the range is suggested that we review the listing of Summary of Factors Affecting the increasing (Garnett and Crowley 2000). these species and provided enough Scarlet-Chested Parakeet Neophema scientific information, including splendida and the Turquoise Parakeet Previous Federal Actions information and correspondence with Neophema pulchella The scarlet-chested parakeet and the Australian Government officials, to Section 4(a)(1) of the Act (16 U.S.C. turquoise parakeet of the genus merit review of these species by the 1531 et seq.) and regulations Neophema are listed under the Service. promulgated to implement the listing Endangered Species Act of 1973 (Act) The Australian Government classifies provisions of the Act (50 CFR part 424) (16 U.S.C. 1531 et seq.) as endangered the conservation status of the scarlet- set forth five factors to be used in throughout their entire ranges. The chested parakeet as ‘‘Least Concern’’ determining whether to add, reclassify, scarlet-chested parakeet was listed on and the turquoise parakeet as ‘‘Near or remove a species from the List of December 2, 1970 (35 FR 18320). The Threatened.’’ ‘‘Least Concern’’ indicates Endangered and Threatened Wildlife turquoise parakeet was listed on June 2, that the habitat in which the species and Plants. These factors and their 1970 (35 FR 8495). Both species were occurs or the species’ population applicability to populations of the originally listed under the Endangered density within the habitat has not scarlet-chested parakeet and the Species Conservation Act of 1969 (Pub. declined by more than half of the size turquoise parakeet of Australia are as L. 91–135, 83 Stat. 275 (1969)) as part that it was a century ago. This is the follows: of a list of species classified as lowest level of species risk. ‘‘Near endangered. This list was absorbed into Threatened’’ indicates that the habitat A. The Present or Threatened the current Act. The endangered listing within the range and/or the size of the Destruction, Modification, or under the Act prohibits imports, population within the available habitat Curtailment of its Habitat or Range exports, and re-exports of the species is probably less than half of what it was Scarlet-Chested Parakeet into or out of the United States as well a century ago. The Action Plan for as interstate and foreign commerce. On Australian Birds 2000 (Garnett and The scarlet-chested parakeet July 1, 1975, the scarlet-chested Crowley 2000), a strategic document population has increased rapidly in parakeet was placed in Appendix II of produced by Environment Australia to favorable conditions such as increased the Convention on International Trade recommend actions to government and rainfall (Collar 1997; Garnett and in Endangered Species of Wild Fauna non-government organizations in Crowley 2000), but habitat clearance has and Flora (CITES; 42 FR 10465; establishing national conservation fragmented roosting and foraging habitat February 22, 1977). On June 6, 1981, the priorities, includes recommendations in southern South Australia and turquoise parakeet was also added to for these species. The plan, however, is northwest Victoria. This species is CITES Appendix II. Listing in CITES not a regulatory document, and the frequently found in open agricultural Appendix II allows for regulated conservation priority for least concerned areas during years of unusually high commercial trade based on certain and near threatened birds is low (P. nest production likely due to findings. Furthermore, because no wild- Blackwell, Environment Australia, pers. competition among birds for optimal caught specimens of these two species comm. with M. Kreger, DSA, 2002). nest sites and foraging areas in forests. are in international trade, and they only Commercial exports of these species Thus, livestock grazing and burn occur in trade as captive-bred from Australia have been prohibited management to clear land for agriculture specimens, they were included in the since 1962. The prohibition is covered may reduce habitat availability (Garnett approved list of captive-bred species under Australia’s Environment and Crowley 2000). However, most of under the regulations of the Wild Bird Protection and Biodiversity Act 1999. the species’ foraging, roosting, and Conservation Act of 1992 (WBCA; 16 Although there are recommended nesting habitat is outside agricultural U.S.C. 4901–4916). Inclusion in this list actions for protection of both species areas, and the area over which the allows for imports of these species under The Action Plan for Australian species flies is so vast (range exceeds without requiring a WBCA permit. Birds 2000 (Garnett and Crowley 2000), 2,000 km2) that fires would not likely On September 22, 2000, we Australian has no recovery plan for adversely affect a significant portion of announced a review of all endangered either. Both species are, however, the population (Snyder et al. 2000). The and threatened foreign species in the protected by State legislation and may Action Plan for Australian Birds 2000 Order Psittaciformes (parrots, parakeets, not be trapped from the wild for (Garnett and Crowley 2000) macaws, cockatoos, and others; also commercial purposes (G. Maynes, recommends maintaining low fire known as psittacine birds) listed under Environment Australia, pers. comm. frequency and grazing rates throughout the Act (65 FR 57363). Section 4(c)(2) of with M. Kreger, DSA, 2002). The 2000 the range of the species, particularly in the Act requires such a review at least IUCN (International Union for protected reserves in Murray Mallee. It VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52171 also recommends determining Since 1990, there has been no trade in Wildlife, Endangered Species Act environmental correlates of patterns of wild-caught specimens of these species, protection would no longer apply. In abundance in the Great Victoria Desert. according to the World Conservation addition, the Wild Bird Conservation However, these recommendations are Monitoring Centre (WCMC) and the Act of 1992 requires a WBCA import voluntary, and because the species is Service’s Law Enforcement Management permit for wild-caught specimens of categorized as least concern, it is not a Information System (LEMIS) databases, these species. high conservation priority for the probably because these species breed Because the only international trade Australian Government. Because of the readily in aviculture (Brown et al. 1994; in these species is limited to captive- area of occupancy and observed flock Dingle 2000; Vriends 2000). The WCMC bred specimens and specimens not of sizes, researchers think as many as database indicates that the only Australian origin, because the species 10,000 breeding-age birds may exist. specimens of these species traded are prohibited from commercial export This estimate is not reliable because of internationally between 1990 and 1999 in Australia, and because stricter the lack of research on patterns of were captive-bred (9,980 scarlet-chested domestic measures govern the abundance and movement of this parakeets; 12,001 turquoise parakeets). importation of these species in the species; however, even if the population Therefore, we find that overutilization United States, the existing regulatory is smaller, there is no reason to suspect for commercial, recreational, scientific, mechanisms appear to be sufficient. a decline (Snyder et al., 2000). or educational purposes is not a threat E. Other Natural or Manmade Factors According to C. Mobbs, Deputy Director, to wild turquoise parakeets or scarlet- Affecting its Continued Existence Wildlife Protection, Environment chested parakeets. Australia (faxed letter to aviculturist M. The scarlet-chested parakeet may be C. Disease or Predation Runnals, 1999), this species is affected by competition with Bourke’s considered common with a stable No threats from disease or predation parakeet (Neopsephotus bourkii) where population in the wild. have been reported for scarlet-chested permanent water has been provided by parakeets (Garnett and Crowley 2000; humans in semi-arid rangelands Turquoise Parakeet Snyder et al. 2000). The turquoise (Landsberg et al. 1997). Such Much of the turquoise parakeet’s parakeet was driven to near extinction competition, however, does not appear habitat available before the 1890s has in the early 1900s due to introduced to be detrimental at a specieswide level. been cleared for agriculture, preventing herbivores, drought, and possibly an There is no information to indicate any the species’ recovery in more than half epidemic. However, the numbers are other natural or manmade factors that of its former range. However, the recovering rapidly, and the species is affect the continued existence of these population is rapidly increasing, with as locally common (Collar 1997). The birds species. many as 20,000 breeding-age birds are vulnerable to predation by foxes (Garnett and Crowley 2000). An because they nest close to the ground in Summary of Findings additional habitat threat is the loss of hollow eucalyptus trees and stumps, but We have carefully assessed the best hollow trees necessary for nesting in fox predation is not considered a threat available biological and conservation forests managed for timber, but the to the survival of this species. status information regarding the past, species can be prolific when nestboxes Therefore, we have no evidence, at present, and future threats faced by the are substituted. Poorly managed burn this time, that disease and predation are scarlet-chested and turquoise parakeets. regimens tend to encourage shrubby significant factors affecting scarlet- We find few threats to the species in the vegetation that outcompetes the grassy chested parakeets or turquoise wild. Enforcement of existing national understory required by parrots for parakeets. and international laws and treaties has foraging (Garnett and Crowley 2000). minimized the potential impact of trade, D. The Inadequacy of Existing The Action Plan for Australian Birds and wild populations are stable or Regulatory Mechanisms 2000 (Garnett and Crowley 2000) increasing, with more than 20,000 recommends conserving native pasture As noted under Previous Federal breeding-age turquoise parakeets and and promoting its use, maintaining a Actions above, the Australian 10,000 breeding-age scarlet-chested buffer zone around known nesting areas, Government prohibits the commercial parakeets. In the 2002 IUCN Red List of and improving fire management to export of these species. Domestic use of Threatened Species, the turquoise encourage forage diversity. However, these species is regulated by Australian parakeet is not listed and the scarlet- these recommendations are voluntary, State laws. Internationally, both species chested parakeet is included only as and because the turquoise parakeet is are listed in CITES Appendix II, which lower risk/near threatened. On the basis categorized as near threatened, it is not regulates their international commerce. of this evaluation, we propose to remove a high conservation priority for the Appendix–II specimens cannot be Neophema pulchella and Neophema Australian Government. traded without a permit from the splendida from the List of Endangered Therefore, we find that the Management Authority of the exporting and Threatened Wildlife under the Act. populations of these species are stable country. One consideration for or increasing despite some habitat loss. approving or denying an export permit Effects of This Rule is whether or not the proposed export This rule, if made final, would revise B. Overutilization for Commercial, may be detrimental to the survival of the 50 CFR 17.11(h) to remove the scarlet- Recreational, Scientific, or Educational species in the wild. chested parakeet and the turquoise Purposes The United States has additional parakeet from among the species The Action Plan for Australian Birds domestic measures that regulate the included in the List of Endangered and 2000 does not indicate overutilization as trade of these species. The Lacey Act Threatened Wildlife. Because no critical a threat to these species (Garnett and prohibits the import, export, transport, habitat was ever designated for these Crowley 2000). Both species are strictly possession, sale, or purchase of birds or species, this rule would not affect 50 protected by Australian State legislation their products in violation of State, CFR 17.95. and may not be trapped from the wild Federal, or foreign laws or regulations. If these species are removed from the for commercial purposes (Environment If these species are removed from the List of Endangered and Threatened Protection and Biodiversity Act 1999). List of Endangered and Threatened Wildlife, Endangered Species Act VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52172 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules protection would no longer apply. The individuals identifying themselves as wild, pages 135–141, in Reintroduction Endangered Species Act currently representatives or officials of Biology of Australian and New Zealand prohibits the export, import, and organizations or businesses, available Fauna. M. Serena, ed. Surrey Beatty & interstate commerce of specimens for public inspection in their entirety. Sons: New South Wales. Pp. 135–141. unless certain biological and legal Comments and materials received will Collar, N.J. 1997. Scarlet-chested criteria are met, including a be available for public inspection, by parakeet (Neophema splendida), pages demonstrable benefit to the wild appointment, from 8 a.m. to 4 p.m. at 383–384, in Handbook of the Birds of population. However, the protections the Division of Scientific Authority (see the World. Vol. 4. Sandgrouse to under the Lacey Act and the Wild Bird ADDRESSES section). Cuckoos. J. del Hoyo, A. Elliott, and J. Conservation Act (for wild-caught You may also request a public hearing Sargatal, eds. Lynx Edicions, Barcelona. specimens only) would remain on this proposal. Your request for a Collar, N.J. 1997. Turquoise parakeet unchanged. These species are hearing must be made in writing and (Neophema pulchella), page 383, in prohibited from commercial export by filed within 45 days of the date of Handbook of the Birds of the World. the Government of Australia and receive publication of this proposal in the Vol. 4. Sandgrouse to Cuckoos. J. del additional domestic protection through Federal Register. Address your request Hoyo, A. Elliott, and J. Sargatal, eds. the Australian States. Removing these to the Division of Scientific Authority Lynx Edicions, Barcelona. P. 383. species from the List of Endangered and (see ADDRESSES section). Dingle, S. 2000. Turquoisine parakeet: Threatened Wildlife does not alter or Peer Review Neophema pulchella. The AFA supersede their designations as near Watchbird 27(2):12. threatened (turquoise parakeet) and Under our peer review policy (59 FR Garnett, S.T., and G.M. Crowley 2000. least concern (scarlet-chested parakeet) 34270; July 1, 1994), we will solicit the The Action Plan for Australian Birds by the Government of Australia. In expert opinions of three appropriate and 2000. Environment Australia, Canberra. independent specialists regarding addition, removing them from the List Higgins, P.J. (Ed.) 1999. Handbook of pertinent scientific or commercial data will not increase the level of trade in Australian, New Zealand and Antarctic and assumptions relating to the wild-caught specimens or decrease the Birds. Vol. 4. Parrots to Dollarbird. taxonomy, population models, and level of protection provided by CITES. Oxford University Press, Melbourne. supportive biological and ecological Public Comments Solicited International Union for Conservation information on this proposed rule. The of Nature and Natural Resources. 2002. We will accept written comments and purpose of such review is to ensure that 2002 IUCN Red List of Threatened information during this comment period we base listing decisions on Species. IUCN, Gland, Switzerland. from the public, other concerned scientifically sound data, assumptions, Juniper, T., and M. Parr. 1998. Pages governmental agencies, the scientific and analysis. To that end, we will send 365–366 in Parrots: A Guide to Parrots community, industry, or any other copies of this proposed rule to these of the World. Yale University Press, interested party. In particular, we are peer reviewers immediately following New Haven and London, pages 365– seeking comments concerning: publication in the Federal Register. (1) Biological, commercial trade, or 366. other relevant data concerning any Clarity of This Regulation Landsberg, J., C.D. James, S.R. Morton, threat (or lack thereof) to the scarlet- Executive Order 12866 requires each T.J. Hobbs, J. Stol, A. Drew, and H. chested parakeet and the turquoise agency to write regulations that are easy Tongway. 1997. The effects of artificial parakeet; to understand. We invite your sources of water on rangeland (2) Additional information concerning comments on how to make this rule biodiversity. Report to Environment the range, distribution, and population easier to understand, including answers Australia, Canberra. size of the scarlet-chested parakeet and to the following: (1) Are the Snyder, N., P. McGowan, J. Gilardi, the turquoise parakeet; requirements of the rule clear? (2) Is the and A. Grajal (eds.). 2000. Page 56 in (3) Current planned activities in the discussion of the rule in the Parrots: Status Survey and Conservation habitat and their possible impacts on Supplementary Information section of Action Plan 2000–2004. IUCN, Gland, the scarlet-chested parakeet and the the preamble helpful to understanding Switzerland and Cambridge, U.K., 180p. turquoise parakeet; and the rule? (3) What else could we do to Vriends, M.M. 2000. The five popular (4) Impacts on the species caused by make the rule easier to understand? Australian grass parakeets. The AFA removing them from the List of Watchbird 27(2):45–48. Endangered and Threatened Wildlife. National Environmental Policy Act Author Our practice is to make comments, We have determined that including names and home addresses of Environmental Assessments and The primary author of this rule is Dr. respondents, available for public review Environmental Impact Statements, as Michael D. Kreger, Division of Scientific during regular business hours. Any defined under the authority of the Authority, U.S. Fish and Wildlife persons commenting may request that National Environmental Policy Act of Service, Washington, DC 20240 (703– we withhold their home addresses, and 1969, need not be prepared in 358–1708). we will honor these requests to the connection with regulations adopted List of Subjects in 50 CFR Part 17 extent allowable by law. In some pursuant to section 4(a) of the Act of circumstances, we may also withhold a 1973, as amended. We published a Endangered and threatened species, commenter’s identity, as allowable by notice outlining our reasons for this Exports, Imports, Reporting and law. If you wish us to withhold your determination in the Federal Register recordkeeping requirements, name or address, you must state this on October 25, 1983 (48 FR 49244). Transportation. request prominently at the beginning of your comment. However, we will not References Cited Regulations Promulgation consider anonymous comments. To the Brown, P.B., M.C. Holdsworth, and We propose to amend part 17, extent consistent with applicable law, D.E. Rounsevell. 1994. Captive breeding subchapter B of chapter I, title 50 of the we will make all submissions from and release as a means of increasing the Code of Federal Regulations, as set forth organizations or businesses, and from orange-bellied parrot population in the below: VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52173 PART 17—[AMENDED] Salveson, Assistant Regional on the amount of quota they may hold Administrator, Sustainable Fisheries individually and in the aggregate, on the 1. The authority citation for part 17 Division, Alaska Region, NMFS, P.O. sale of QS, and the leasing of IFQ. continues to read as follows: Box 21668, Juneau, AK 99802–1668, Amendment 66 would be necessary to Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Attn: Lori Durall. Comments may be 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– allow sablefish QS to be purchased and delivered in person or by courier to the held by eligible communities because 625, 100 Stat. 3500; unless otherwise noted. Federal Building, 709 West 9th St., the current FMP limits the transfer of 2. We propose to amend § 17.11(h) by Room 413–1, Juneau, AK, 99801. QS, with certain exemptions, to removing the entries for ‘‘Parakeet, Comments also may be sent via individuals and not corporate entities. scarlet-chested (Neophema splendida)’’ facsimile to (907) 586–7557, Attn: Lori The IFQ Program for Pacific halibut is and ‘‘Parakeet, turquoise (Neophema Durall. Copies of Amendment 66 to the pulchella),’’ under ‘‘BIRDS’’ from the FMP and the Environmental implemented under authority of the List of Endangered and Threatened Assessment/Regulatory Impact Review/ North Pacific Halibut Act of 1982 Wildlife. Initial Regulatory Flexibility Analysis (Halibut Act) instead of the Magnuson (EA/RIR/IRFA) prepared for this action -Stevens Act, and the Council does not Dated: August 19, 2003. have a halibut fishery management plan. Marshall P. Jones, Jr., by the Council and NMFS are available from NMFS at the above address, or by If this proposed policy change is Deputy Director, Fish and Wildlife Service. calling the Alaska Region, NMFS, at approved, however, the halibut and [FR Doc. 03–22225 Filed 8–29–03; 8:45 am] (907) 586–7228. sablefish components would be BILLING CODE 4310–55–P FOR FURTHER INFORMATION CONTACT: implemented with the same rules. Glenn Merrill, (907) 586–7228, or Amendment 66, and its companion [email protected]. regulatory amendment for halibut also is DEPARTMENT OF COMMERCE designed to comply with the Magnuson- SUPPLEMENTARY INFORMATION: The Stevens Act mandate that Regional National Oceanic and Atmospheric Magnuson-Stevens Fishery Administration Councils must take into account the Conservation and Management Act importance of fishery resources to (Magnuson-Stevens Act) requires that 50 CFR Part 679 communities in order to provide for the each regional fishery management sustained participation of such [ID 082503D] council submit any FMP or FMP communities, and to the extent amendment it prepares to the Secretary practicable, minimize adverse economic RIN 0648–AQ98 of Commerce (Secretary) for review and impacts on such communities. approval, disapproval, or partial Fisheries of the Exclusive Economic Public comments are being solicited Zone off Alaska; Individual Fishing approval. The Magnuson-Stevens Act on the amendment through the end of Quota Program; Community Purchase also requires that the Secretary, upon receiving an FMP, immediately publish the comment period (see DATES). A AGENCY: National Marine Fisheries a notice in the Federal Register that the proposed rule that would implement the Service (NMFS), National Oceanic and FMP or amendment is available for amendment may be published in the Atmospheric Administration (NOAA), public review and comment. Federal Register for public comment Commerce. Amendment 66 was adopted by the following NMFS’ evaluation under ACTION: Notice of Availability; request Council in April 2002. If approved by Magnuson-Stevens Act procedures. All for comments. NMFS, this amendment would allow comments received by the end of the certain remote communities to designate comment period whether specifically SUMMARY: The North Pacific Fishery non-profit entities to purchase and hold directed to the amendment or the Management Council (Council) has QS and lease the resulting IFQ to proposed rule, will be considered in the submitted Amendment 66 to the Fishery community residents. To be eligible for approval/disapproval decision on the Management Plan for Groundfish of the this community purchase program, a amendment. To be considered in the Gulf of Alaska (FMP). This amendment community would have to have of approval/disapproval decision on the would modify the Individual Fishing population of less than 1,500 people, no amendment, comments must be Quota (IFQ) Program by revising the road access to larger communities, and received by the close of business on the definition of an eligible quota share have direct access to marine waters of last day of the comment period on the holder to allow eligible communities in the GOA. Further, the Council amendment; that does not mean the Gulf of Alaska (GOA) to purchase determined which communities would postmarked or otherwise transmitted by and hold sablefish quota share (QS) for meet these criteria and this list of that date. lease to and use by community eligible communities would be specified Dated: August 27, 2003. residents. in the implementing rules. A non-profit DATES: Comments on Amendment 66 entity of an eligible community also Bruce C. Morehead, must be received at the following would have to meet criteria to receive Acting Director, Office of Sustainable address by November 3, 2003. QS by transfer and would have to Fisheries, National Marine Fisheries Service. ADDRESSES: Comments on the FMP submit annual reports. These non-profit [FR Doc. 03–22343 Filed 8–29–03; 8:45 am] amendment may be mailed to Sue entities would be subject to restrictions BILLING CODE 3510–22–S VerDate jul<14>2003 15:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1 52174 Notices Federal Register Vol. 68, No. 169 Tuesday, September 2, 2003 This section of the FEDERAL REGISTER other technological collection DEPARTMENT OF AGRICULTURE contains documents other than rules or techniques or other forms of information proposed rules that are applicable to the technology. Food Safety and Inspection Service public. Notices of hearings and investigations, committee meetings, agency decisions and All responses to this Notice will be [Docket No. 03–031N] rulings, delegations of authority, filing of summarized and included in the request petitions and applications and agency for OMB approval, and will become a FSIS Public Meeting on Pre-Harvest statements of organization and functions are matter of public record. examples of documents appearing in this Food Safety Issues and Escherichia section. FOR FURTHER INFORMATION CONTACT: Mr. coli (E. coli) O157:H7 Robert Eadie at (703) 305–2590. AGENCY: Food Safety and Inspection SUPPLEMENTARY INFORMATION: Title: 7 Service, USDA. DEPARTMENT OF AGRICULTURE CFR part 226, Child and Adult Care ACTION: Notice. Food and Nutrition Service Food Program. OMB Number: 0584–0055. SUMMARY: The Food Safety and Agency Information Collection Inspection Service (FSIS) is announcing Activities: Proposed Collection; Expiration Date: December 31, 2003. that it will hold a public meeting on Comment Request—7 CFR Part 226 Type of Request: Extension of a pre-harvest food safety issues and E. coli Child and Adult Care Food Program currently approved collection. O157:H7 on September 9, 2003, in Abstract: Section 17 of the Richard B. Washington, DC. The meeting will AGENCY: Food and Nutrition Service, consist of presentations on the research USDA. Russell National School Lunch Act (42 U.S.C. 1766), authorizes the Department and practical experiences aimed at ACTION: Notice. to carry out a program to assist States reducing E. coli O157:H7 at the livestock production level before SUMMARY: In accordance with the through grants-in-aid and other means Paperwork Reduction Act of 1995, this to initiate and maintain nonprofit food livestock reach federally inspected Notice announces the Food and service programs for children in plants. The meeting will also include a Nutrition Service’s (FNS) intention to institutions providing child care. brief review of on-farm interventions for pathogens other than E. coli O157:H7 request Office of Management and Estimate of Burden: The reporting Budget (OMB) review of the information that have already been adopted by burden for this collection of information producers. collection related to the Child and Adult is estimated at 4,431,068 burden hours. Care Food Program. This notice also This meeting is one of a number of The recordkeeping burden is estimated public meetings FSIS is conducting to invites the general public and other at 662,784 burden hours. public agencies to comment on the discuss new approaches for proposed information collection. Affected Public: 2,604,449. strengthening food safety. DATES: To be assured of consideration, Estimate of Burden: DATES: The public meeting is scheduled for September 9, 2003, from 8:30 a.m. to comments must be received by Annual Reporting Burden: November 3, 2003. 4:30 p.m. (1) Estimated number of respondents: ADDRESSES: The meeting will be held at ADDRESSES: Send comments and 2,604,449. requests for copies of this information The Washington Plaza Hotel, 10 Thomas collection to: Mr. Robert Eadie, Chief, (2) Estimated number of responses per Circle, NW., Massachusetts Avenue, at Policy and Program Development respondent: 1.8440. 14th Street, Washington, DC 20005. A Branch, Child Nutrition Division, Food (3) Estimated time per response: 1.084 tentative agenda will be available in the and Nutrition Service, U.S. Department hours. FSIS Docket Room and on the FSIS Web of Agriculture, 3101 Park Center Drive, site at http://www.fsis.usda.gov/. The Estimated Total Annual Reporting official transcript of the meeting, when Room 636, Alexandria, Virginia 22302. Burden: 4,431,068 hours. Comments are invited on: (a) Whether it becomes available, will be kept in the the proposed collection of information Annual Recordkeeping Burden: FSIS Docket Room at room 102 Cotton is necessary for the proper performance (1) Estimated total number of Annex, 300 12th Street, SW., of the functions of the agency, including Recordkeepings: 4,802,804. Washington, DC 20250–3700, and will represent public comments. FSIS whether the information will have (2) Estimated time per Recordkeeping: welcomes comments on the topics to be practical utility; (b) the accuracy of the .138 hours. agency’s estimate of the burden of the discussed at the public meeting. Please proposed collection of information, Estimated Total Annual send an original and two copies of including the validity of the Recordkeeping Burden: 662,784. comments to the FSIS Docket Clerk, methodology and assumptions used; (c) Total Annual Reporting and Docket 03–031N, Room 102, Cotton ways to enhance the quality, utility and Recording Burden: 5,093,852. Annex, Washington, DC 20250–3700. All comments and the official transcript, clarity of the information to be Dated: August 25, 2003. collected; and (d) ways to minimize the when it becomes available, will be kept burden of the collection of information Roberto Salazar, in the FSIS Docket Room at the above on those who are to respond, including Administrator, Food and Nutrition Service. address. through the use of appropriate [FR Doc. 03–22295 Filed 8–29–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Dr. automated, electronic, mechanical, or BILLING CODE 3410–30–P Nathan Bauer at (979) 260–9562. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52175 There will be no pre-registration for important. Consequently, in an effort to FOR FURTHER INFORMATION CONTACT: this meeting. Persons requiring a sign better ensure that minorities, women, Michael Hankin, Dairy Import Quota language interpreter or other special and persons with disabilities are aware Manager, Import Policies and Programs accommodations should contact Sheila of this notice, FSIS will announce it and Division, STOP 1021, U.S. Department Johnson at (202) 690–6498, fax: (202) make copies of this Federal Register of Agriculture, 1400 Independence 690–6500, or e-mail: publication available through the FSIS Avenue, SW., Washington, DC 20250– [email protected] as soon as Constituent Update. FSIS provides a 1021 or telephone at (202) 720–9439 or possible. weekly Constituent Update, which is e-mail at [email protected]. SUPPLEMENTARY INFORMATION: The communicated via Listserv, a free e-mail SUPPLEMENTARY INFORMATION: The Dairy scientific community continues to work subscription service. In addition, the Import Tariff-Rate Quota Licensing with animal agriculture to investigate update is available on-line through the Regulation promulgated by the methods to reduce food safety risks FSIS Web page located at http:// Department of Agriculture and codified through the use of specific production www.fsis.usda.gov. The update is used at 7 CFR 6.20–6.37 provides for the practices. Although much has been to provide information regarding FSIS issuance of licenses to import certain learned about the ecology of biological, policies, procedures, regulations, dairy articles that are subject to TRQs chemical, and physical hazards during Federal Register notices, FSIS public set forth in the HTS. Those dairy articles animal production, there are as of yet no meetings, recalls, and any other types of may only be entered into the United specific production practices addressing information that could affect or would States at the in-quota TRQ tariff-rates by biological hazards that consistently and be of interest to our constituents/ or for the account of a person or firm to predictably lead to improvement in food stakeholders. The constituent Listserv whom such licenses have been issued safety. Results are promising in some consists of industry, trade, and farm and only in accordance with the terms cases, and investigation of those groups, consumer interest groups, allied and conditions of the regulation. avenues continues. A key point to health professionals, scientific Licenses are issued on a calendar year recognize is that risk reduction professionals, and other individuals that basis, and each license authorizes the interventions that can be expected will have requested to be included. Through license holder to import a specified arise from those areas under research or the Listserv and web page, FSIS is able quantity and type of dairy article from from new areas that are added to the to provide information to a much a specified country of origin. The use of research agenda. It is important, broader, more diverse audience. licenses by the license holder to import therefore, for producers to be aware of For more information contact the dairy articles is monitored by the Dairy the practices being explored, so that Congressional and Public Affairs Office, Import Quota Manager, Import Policies they can have input into the process and at (202) 720–9113. To be added to the and Programs Division, Foreign raise concerns about (1) areas that are free e-mail subscription service Agricultural Service, U.S. Department of not under investigation but that should (Listserv) go to the ‘‘Constituent Agriculture, and the U.S. Customs be, (2) the economic impact of Update’’ page on the FSIS Web site at Service. implementing new practices on the http://www.fsis.usda.gov/oa/update/ The regulation at 7 CFR 6.33(a) farm, and (3) the impact of food safety update.htm. Click on the ‘‘Subscribe to provides that a fee will be charged for hazards on the marketability of their the Constituent Update Listserv’’ link, each license issued to a person or firm products. then fill out and submit the form. by the Licensing Authority in order to To further pursue initiatives related to reimburse the Department of Done in Washington, DC on August 27, Agriculture for the costs of production practices, FSIS is holding a 2003. public meeting on pre-harvest food administering the licensing system Garry L. McKee, safety issues and E. coli O157:H7. The under this regulation. meeting has three goals. Administrator. The regulation at 7 CFR 6.33(a) also The first goal is to determine whether [FR Doc. 03–22297 Filed 8–29–03; 8:45 am] provides that the Licensing Authority interventions available to producers can BILLING CODE 3410–DM–P will announce the annual fee for each form the basis for best management license and that such fee will be set out practices to reduce the load of E. coli in a notice to be published in the O157:H7 in livestock before slaughter. DEPARTMENT OF AGRICULTURE Federal Register. Accordingly, this The second goal is to identify promising notice sets out the fee for the licenses to Foreign Agricultural Service interventions and determine what steps be issued for the 2004 calendar year. need to be taken to make the Assessment of Fees for Dairy Import Notice interventions available at the livestock Licenses for the 2004 Tariff-Rate In order to establish a fee appropriate production level. The third goal is to Import Quota Year. identify which research gaps should be to defray the costs of administering the the focus of the research community, AGENCY: Foreign Agricultural Service, licensing system, the Department of including government, academia, and USDA. Agriculture has reviewed the costs industry. ACTION: Notice. estimated to be incurred during the Based on the input from the 2003 quota year and will base the fee for conference, and any other information SUMMARY: This notice announces that the 2004 quota year on those costs. The available to the Agency, FSIS will the fee to be charged for the 2004 tariff- total cost to the Department of develop materials for producers that rate quota (TRQ) year for each license Agriculture of administering the address pre-harvest food safety issues issued to a person or firm by the licensing system during 2003 has been and E. coli O157:H7 and take other Department of Agriculture authorizing determined to be $433,000 and the actions that appear to advance its food the importation of certain dairy articles estimated number of licenses expected safety goals. which are subject to tariff-rate quotas set to be issued is 2,560. Of the total cost, forth in the Harmonized Tariff Schedule $200,000 represents staff and Additional Public Notification of the United States (HTS) will be supervisory costs directly related to Public awareness of all segments of $170.00 per license. administering the licensing system for rulemaking and policy development is EFFECTIVE DATES: January 1, 2004. 2003; $50,000 represents the total VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52176 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices computer costs to monitor and issue Forest Service Region 5 RAC Web site, section 7(f)(1)(A) of the Act. GIPSA import licenses for 2003; and $183,000 (3) finalize Madera County RAC evaluated all available information represents other miscellaneous costs, mission, (4) clarify voting procedures, regarding the designation criteria in including travel, postage, publications, (5) discuss how to get voting members section 7(f)(1)(A) of the Act, and forms, and ADP system contractors. to meeting to vote, (6) how to better determined that Keokuk is qualified to Accordingly, notice is hereby given advertise for RAC projects from the provide official weighing services in that the fee for each license issued to a community and (7) discuss participation their currently assigned geographic area. person or firm for the 2004 calendar in the Regional RAC conference. Public Effective August 6, 2003, and year, in accordance with 7 CFR 6.33, input opportunity will be provided and terminating March 31, 2004 (the end of will be $170.00 per license. individuals will have the opportunity to Keokuk’s designation to provide official Issued at Washington, DC the 27th day of address the Committee at that time. inspection services), Keokuk’s present August, 2003. Dated: August 25, 2003. designation is amended to include Class Michael Hankin, David W. Martin, X or Class Y weighing within their assigned geographic area, as specified in Licensing Authority. District Ranger. the September 1, 2000, Federal Register [FR Doc. 03–22296 Filed 8–29–03; 8:45 am] [FR Doc. 03–22251 Filed 8–29–03; 8:45 am] (65 FR 53263). Official services may be BILLING CODE 3410–10–M BILLING CODE 3410–11–M obtained by contacting Keokuk at 319– 524–6482. DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE Authority: Pub. L. 94–582, 90 Stat. 2867, as amended (7 U.S.C. 71 et seq.). Forest Service Grain Inspection, Packers and Donna Reifschneider, Stockyards Administration Madera County Resource Advisory Administrator, Grain Inspection, Packers and Committee [03–A–W] Stockyards Administration. [FR Doc. 03–22307 Filed 8–29–03; 8:45 am] AGENCY Designation of Keokuk (IA) To Provide : Forest Service, USDA. BILLING CODE 3410–EN–P ACTION: Notice of Resource Advisory Class X or Class Y Weighing Services Committee Meeting. AGENCY: Grain Inspection, Packers and DEPARTMENT OF AGRICULTURE SUMMARY: Pursuant to the authorities in Stockyards Administration (USDA). the Federal Advisory Committee Act of ACTION: Notice. Grain Inspection, Packers and 1972 (Pub. L. 92–463) and under the SUMMARY: GIPSA announces the Stockyards Administration secure Rural Schools and Community designation of Keokuk Grain Inspection [03–01–SB] Self-Determination Act of 2000 (Pub. L. Service (Keokuk) to provide Class X or 106–393) the Sierra National Forest’s Class Y weighing services under the Designation for the Minnesota Area Resource Advisory Committee for United States Grain Standards Act, as AGENCY: Grain Inspection, Packers and Madera County will meet on Monday, amended (Act). September 15, 2003. The Madera Stockyards Administration, USDA. EFFECTIVE DATE: August 6, 2003. Resource Advisory Committee will meet ACTION: Notice. at the Spring Valley Elementary School ADDRESSES: USDA, GIPSA, Janet M. in O’Neals, CA. The purpose of the Hart, Chief, Review Branch, Compliance SUMMARY: Grain Inspection, Packers and meeting is: review any new RAC Division, STOP 3604, Room 1647–S, Stockyards Administration (GIPSA) proposals, review new Forest Service 1400 Independence Avenue, SW., announces designation of the Minnesota Region 5 RAC Web site, finalize Madera Washington, DC 20250–3604. Department of Agriculture (Minnesota) County RAC mission, clarify voting FOR FURTHER INFORMATION CONTACT: to provide official services under the procedures, discuss how to get voting Janet M. Hart, at 202–720–8525, e-mail United States Grain Standards Act, as members to meeting to vote, how to [email protected]. amended (Act). better advertise for RAC projects from SUPPLEMENTARY INFORMATION: This EFFECTIVE DATE: October 1, 2003. the community and discuss action has been reviewed and ADDRESSES: USDA, GIPSA, Janet M. participation in the Regional RAC determined not to be a rule or regulation Hart, Chief, Review Branch, Compliance conference. as defined in Executive Order 12866 Division, STOP 3604, Room 1647–S, and Departmental Regulation 1512–1; DATES: The Madera Resource Advisory 1400 Independence Avenue, SW., Committee meeting will be held therefore, the Executive Order and Washington, DC 20250–3604. Departmental Regulation do not apply Monday, September 15, 2003. The FOR FURTHER INFORMATION CONTACT: meeting will be held from 7 p.m. to 9 to this action. In the March 8, 2001, Federal Register Janet M. Hart at 202–720–8525, e-mail p.m. (66 FR 13875), GIPSA announced the [email protected]. ADDRESSES: The Madera County RAC designation of Keokuk to provide SUPPLEMENTARY INFORMATION: This meeting will be held at the Spring official inspection services under the action has been reviewed and Valley Elementary School, 46655 Road Act, effective May 1, 2001, and ending determined not to be a rule or regulation 200, O’Neals, CA 93645. March 31, 2004. Subsequently, Keokuk as defined in Executive Order 12866 FOR FURTHER INFORMATION CONTACT: asked GIPSA to amend their designation and Departmental Regulation 1512–1; Dave Martin, U.S.D.A., Sierra National to include official weighing services. therefore, the Executive Order and Forest, 57003 Road 225, North Fork, CA, Section 7A(c)(2) of the Act authorizes Departmental Regulation do not apply 93643 (559) 877–2218 ext. 3100; e-mail: GIPSA’s Administrator to designate to this action. [email protected]. authority to perform official weighing to In the March 3, 2003, Federal Register SUPPLEMENTARY INFORMATION: Agenda an agency providing official inspection (68 FR 9971), GIPSA asked persons items to be covered include: (1) Review services within a specified geographic interested in providing official services any new RAC proposals, (2) review new area, if such agency is qualified under in the geographic areas assigned to VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52177 Minnesota to submit an application for Southern Minnesota received a total of SUMMARY: Grain Inspection, Packers and designation. Applications were due by 180 favorable comments, seven from Stockyards Administration (GIPSA) April 1, 2003. grain elevator managers, two from announces designation of the following There were six applicants for the current employees, one from a organizations to provide official services Minnesota area: Minnesota, North Minnesota State Senator, one from a under the United States Grain Standards Dakota Grain Inspection Service, Inc. Montana grain elevator trade Act, as amended (Act): (North Dakota), D. R. Schaal Agency, association, one from a banker, one from Idaho Grain Inspection Service, Inc. Inc. (Schaal), and Sioux City Inspection an accounting firm, one from a crop (Idaho); and Weighing Service Company (Sioux insurance company, one from a railroad Lewiston Grain Inspection Service, City), all currently designated official manager, and 165 from members of a Inc. (Lewiston); agencies; Paul B. Bethke, Terry D. grain coop. Sioux City received no Ohio Valley Grain Inspection, Inc. Pladson, and Ryan M. Kuhl proposing to comments. (Ohio Valley); and do business as Northern Plains Grain GIPSA evaluated all available Utah Department of Agriculture and Inspection Service, Inc. (Northern information regarding the designation Food (Utah). Plains), and Kathleen Duea, Kyle Duea, criteria in Section 7(f)(l)(A) of the Act EFFECTIVE DATE: October 1, 2003. Ben Duea, and Nicole Youel proposing and, according to Section 7(f)(l)(B), ADDRESSES: USDA, GIPSA, Janet M. to do business as Southern Minnesota determined that, effective October 1, Hart, Chief, Review Branch, Compliance Grain Inspection (Southern Minnesota). 2003, and ending March 31, 2005, Division, STOP 3604, Room 1647–S, Minnesota applied for designation to Minnesota is better able to provide 1400 Independence Avenue, SW., provide official services in the entire official services in the geographic area Washington, DC 20250–3604. area currently assigned to them. North specified in the March 3, 2003, Federal Dakota and Northern Plains applied for Register for which they applied. FOR FURTHER INFORMATION CONTACT: all or part of the area currently assigned Minnesota is designated for 18 Janet M. Hart at 202–720–8525, e-mail to Minnesota. Schaal made application months to provide official services in [email protected]. but subsequently withdrew their the geographic area for which they SUPPLEMENTARY INFORMATION: This application. Sioux City applied for all or applied. Interested persons may obtain action has been reviewed and part of the following Minnesota official services by calling Minnesota at determined not to be a rule or regulation Counties: Brown, Cottonwood, Jackson, 612–297–2200. as defined in Executive Order 12866 Lincoln, Lyon, Martin, Murray, Nobles, During the upcoming designation and Departmental Regulation 1512–1; Pipestone, Redwood, Renville, Rock, period GIPSA plans to announce a pilot therefore, the Executive Order and Watonwan, and Yellow Medicine. program in Minnesota, which would Departmental Regulation do not apply Southern Minnesota Grain Inspection allow multiple official agencies to to this action. applied for all or part of the area provide official inspection and weighing In the March 3, 2003, Federal Register currently assigned to Minnesota, and services within the State of Minnesota. (68 FR 9971), GIPSA asked persons specified all or part of the following Authority: Pub. L. 94–582, 90 Stat. 2867, interested in providing official services Minnesota Counties: Blue Earth, as amended (7 U.S.C. 71 et seq.). in the geographic areas assigned to the Cottonwood, Faribault, Jackson, Martin, official agencies named above to submit Murray, Nobles, and Watonwan. Donna Reifschneider, an application for designation. GIPSA asked for comments on the Administrator, Grain Inspection, Packers and Applications were due by April 1, 2003. applicants for providing service in the Stockyards Administration. Idaho, Lewiston, Ohio Valley, and Minnesota area in the May 1, 2003, [FR Doc. 03–22304 Filed 8–29–03; 8:45 am] Utah were the sole applicants for Federal Register (68 FR 23279). BILLING CODE 3410–EN–P designation to provide official services Comments were due by May 1, 2003. in the entire area currently assigned to GIPSA received 203 comments by the them, so GIPSA did not ask for due date. Minnesota received four DEPARTMENT OF AGRICULTURE additional comments on them. favorable comments, one from current Grain Inspection, Packers and GIPSA evaluated all available Minnesota employees, one from an Stockyards Administration information regarding the designation elevator manager, and two from criteria in Section 7(f)(l)(A) of the Act managers representing grain elevator [03–01–S] and, according to Section 7(f)(l)(B), trade groups; and one unfavorable determined that Idaho, Lewiston, Ohio comment from a member of the Designation for the Idaho (ID), Valley, and Utah are able to provide Minnesota House of Representatives. Lewiston (ID), Ohio Valley (IN), and official services in the geographic areas North Dakota received five favorable Utah Areas specified in the March 3, 2003, Federal comments from elevator managers. AGENCY: Grain Inspection, Packers and Register, for which they applied. Northern Plains received 12 favorable Stockyards Administration, USDA. Interested persons may obtain official comments and one unfavorable services by calling the telephone ACTION: Notice. comment from grain elevator managers. numbers listed below. Official agency Headquarters location and telephone Designation start—end Idaho ...... Pocatello, ID, 208–233–8303 ...... 10/01/2003–09/30/2006 Lewiston ...... Lewiston, ID, 208–746–0451 ...... 10/01/2003–09/30/2006 Ohio Valley ...... Evansville, IN, 513–251–6571 ...... 10/01/2003—09/30/2006 Utah ...... Salt Lake City, UT, 801–538–7100 ...... 10/01/2003–09/30/2006 VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52178 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Authority: Pub. L. 94–582, 90 Stat. 2867, official services in the areas served by Avenue, SW., during regular business as amended (7 U.S.C. 71 et seq.). these agencies to submit an application hours. for designation. GIPSA is also asking for Donna Reifschneider, FOR FURTHER INFORMATION CONTACT: comments on the quality of services Administrator, Grain Inspection, Packers and Janet M. Hart at 202–720–8525, e-mail provided by these currently designated Stockyards Administration. [email protected]. [FR Doc. 03–22305 Filed 8–29–03; 8:45 am] agencies: Champaign-Danville Grain Inspection Departments, Inc. SUPPLEMENTARY INFORMATION BILLING CODE 3410–EN–P : This (Champaign); Detroit Grain Inspection Action has been reviewed and Service, Inc. (Detroit); Eastern Iowa determined not to be a rule or regulation DEPARTMENT OF AGRICULTURE Grain Inspection and Weighing Service, as defined in Executive Order 12866 Inc. (Eastern Iowa); Enid Grain and Departmental Regulation 1512–1; Grain Inspection, Packers and Inspection Company, Inc. (Enid); therefore, the Executive Order and Stockyards Administration Keokuk Grain Inspection Service Departmental Regulation do not apply [03–03–A] (Keokuk); and Michigan Grain to this Action. Inspection Services, Inc. (Michigan). Section 7(f)(1) of the United States Opportunity for Designation in the DATES: Applications and comments Grain Standards Act, as amended (Act), Champaign (IL), Detroit (MI), Eastern must be postmarked or electronically authorizes GIPSA’s Administrator to Iowa (IA), Enid (OK), Keokuk (IA), and dated on or before October 1, 2003. designate a qualified applicant to Michigan (MI) Areas, and Request for ADDRESSES: Submit applications and provide official services in a specified Comments on the Official Agencies comments to USDA, GIPSA, Janet M. area after determining that the applicant Serving These Areas Hart, Chief, Review Branch, Compliance is better able than any other applicant to provide such official services. AGENCY: Grain Inspection, Packers and Division, STOP 3604, Room 1647–S, Stockyards Administration, USDA. 1400 Independence Avenue, SW., Section 7(g)(1) of the Act provides that designations of official agencies ACTION: Notice. Washington, DC 20250–3604; FAX 202– 690–2755. If an application is submitted shall end not later than triennially and SUMMARY: The designations of the by FAX, GIPSA reserves the right to may be renewed according to the official agencies listed below will end in request an original application. All criteria and procedures prescribed in March 2004. Grain Inspection, Packers applications and comments will be section 7(f) of the Act. and Stockyards Administration (GIPSA) made available for public inspection at 1. Current Designations Being is asking persons interested in providing Room 1647–S, 1400 Independence Announced for Renewal. Designation Designation Official agency Main office start end Champaign ...... Champaign, IL ...... 6/01/2001 3/31/2004 Detroit ...... Emmett, MI ...... 5/01/2001 3/31/2004 Eastern Iowa ...... Davenport, IA ...... 6/01/2001 3/31/2004 Enid ...... Enid, OK ...... 6/01/2001 3/31/2004 Keokuk ...... Keokuk, IA ...... 5/01/2001 3/31/2004 Michigan ...... Marshall, MI ...... 5/01/2001 3/31/2004 a. Pursuant to section 7(f)(2) of the Bounded on the West by the western Monticello, Piatt County (located inside Act, the following geographic area, in Crawford and Clark County lines; the Decatur Grain Inspection, Inc.’s, area). the States of Illinois and Indiana, is Southern Coles County line; the western Champaign’s assigned geographic area assigned to Champaign. Coles and Douglas County lines; the does not include the following grain Bounded on the North by the northern western Champaign County line north elevators inside Champaign’s area Livingston County line from State Route to Interstate 72; Interstate 72 southwest which have been and will continue to 47; the eastern Livingston County line to to the Piatt County line; the western be serviced by the following official the northern Ford County line; the Piatt County line; the southern McLean agency: Titus Grain Inspection, Inc.: northern Ford and Iroquois County lines Kentland Elevator and Supply, Boswell, County line west to a point 10 miles east to the Illinois-Indiana State line; the Benton County, Indiana; ADM, Dunn, west of the western Champaign County Illinois-Indiana State line south to U.S. Benton County, Indiana; and ADM, Route 24; U.S. Route 24 east to U.S. line, from this point through Raub, Benton County, Indiana. Route 41; Arrowsmith to Pontiac along a straight b. Pursuant to section 7(f)(2) of the Bounded on the East by U.S. Route 41 line running north and south which Act, the following geographic area, in south to the northern Parke County line; intersects with State Route 116; State the State of Michigan, is assigned to the northern Parke and Putnam County Route 116 east to State Route 47; State Michigan. lines; the eastern Putnam, Owen and Route 47 north to the northern Bounded on the North by the northern Greene County lines; Livingston County line. Clinton County line; the eastern Clinton Bounded on the South by the The following grain elevators, all in County line south to State Route 21; southern Greene County line; the Illinois, located outside of the above State Route 21 east to State Route 52; southern Sullivan County line west to contiguous geographic area, are part of State Route 52 north to the Shiawassee U.S. Route 41(150); U.S. Route 41(150) County line; the northern Shiawassee this geographic area assignment: south to U.S. Route 50; U.S. Route 50 County line east to the Genesee County west across the Indiana-Illinois State Moultrie Grain Association, Cadwell, line; the western Genesee County line; line to Illinois State Route 33; Illinois Moultrie County; Tabor Grain Company the northern Genesee County line east to State Route 33 north and west to the (3 elevators), Farmer City, Dewitt State Route 15; State Route 15 north to Western Crawford County line; and County; and Topflight Grain Company, Barnes Road; Barnes Road east to VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52179 Sheridan Road; Sheridan Road north to Bounded on the West by the western northern State line east to the eastern State Route 46; State Route 46 east to Lee and Ogle County lines; by the Fulton County line; the eastern Fulton, State Route 53; State Route 53 north to southern Stephenson and Jo Daviess Henry, and Putnam County lines; the the Michigan State line; County lines; in Iowa, by the southern eastern Allen County line south to the Bounded on the East by the Michigan Dubuque and Delaware County lines; northern Hardin County line; the State line south to State Route 50; and the western Delaware County line. northern Hardin County line east to U.S. Bounded on the South by State Route Eastern Iowa’s assigned geographic Route 68; U.S. Route 68 south to State 50 west to U.S. Route 127; and area does not include the export port Route 47; Bounded on the South by Bounded on the West by U.S. Route locations inside Eastern Iowa’s area State Route 47 west-southwest to 127 north to U.S. Route 27; U.S. Route which are serviced by GIPSA. Interstate 75 (excluding all of Sidney, 27 north to the northern Clinton County d. Pursuant to section 7(f)(2) of the Ohio); Interstate 75 south to the Shelby line. Act, the following geographic area, in County line; the southern and western The following grain elevator, located the State of Oklahoma, is assigned to Shelby County lines; the southern outside of the above contiguous Enid. Mercer County line; and geographic area, is part of this Adair, Alfalfa, Atoka, Blaine, Bryan, Bounded on the West by the Ohio- geographic area assignment: Caldonia Caddo, Canadian, Carter, Cherokee, Indiana State line from the southern Farmers Elevator, St. Johns, Clinton Choctaw, Cleveland, Coal, Comanche, Mercer County line to the northern County (located inside Michigan Grain Cotton, Craig, Creek, Custer, Delaware, Williams County line; in Michigan, by Inspection Services, Inc.’s, area). Dewey, Garfield, Garvin, Grady, Grant, the southern Michigan State line west to c. Pursuant to section 7(f)(2) of the Greer, Harmon, Haskell, Hughes, the Branch County line; the western Act, the following geographic area, in Jackson, Jefferson, Johnston, Kay, Branch County line north to the the States of Illinois and Iowa, is Kingfisher, Kiowa, Latimer, Le Flore, Kalamazoo County line; the southern assigned to Eastern Iowa. Lincoln, Logan, Love, McClain, Kalamazoo and Van Buren County lines The southern area: McCurtain, McIntosh, Major, Marshall, west to the Michigan State line; the Mayes, Murray, Muskogee, Noble, Bounded on the North, in Iowa, by western Michigan State line north to the Nowata, Okfuskee, Oklahoma, northern Michigan State line. Interstate 80 from the western Iowa Okmulgee, Osage, Ottawa, Pawnee, Michigan’s assigned geographic area County line east to State Route 38; State Payne, Pittsburg, Pontotoc, does not include the following grain Route 38 north to State Route 130; State Pottawatomie, Pushmataha, Rogers, elevators inside Michigan’s area which Route 130 east to Scott County; the Seminole, Sequoyah, Stephens, Tillman, has been and will continue to be western and northern Scott County lines Tulsa, Wagoner, Washington, Washita, serviced by the following official east to the Mississippi River; Woods, and Woodward Counties. agencies: Bounded on the East, from the e. Pursuant to section 7(f)(2) of the 1. Detroit Grain Inspection Service, Mississippi River, in Illinois, by the Act, the following geographic area, in Inc.: Caldonia Farmers Elevator, St. eastern Rock Island County line; the the States of Illinois and Iowa, is Johns, Clinton County, Michigan. northern Henry and Bureau County assigned to Keokuk. 2. Northeast Indiana Grain Inspection, lines east to State Route 88; State Route Adams, Brown, Fulton, Hancock, Inc.: E.M.P. Coop, Payne, Paulding 88 south; the southern Bureau County Mason, McDonough, and Pike County, Ohio. line; the eastern and southern Henry (northwest of a line bounded by U.S. 2. Opportunity for designation. County lines; the eastern Knox County Route 54 northeast to State Route 107; Interested persons, including line; State Route 107 northeast to State Route Champaign, Detroit, Eastern Iowa, Enid, Bounded on the South by the 104; State Route 104 east to the eastern Keokuk, and Michigan, are hereby given southern Knox County line; the eastern Pike County line) Counties, Illinois. the opportunity to apply for designation and southern Warren County lines; the Davis, Lee, and Van Buren Counties, to provide official services in the southern Henderson County line west to Iowa. geographic areas specified above under the Mississippi River; in Iowa, by the f. Pursuant to section 7(f)(2) of the the provisions of section 7(f) of the Act southern Des Moines, Henry, Jefferson, Act, the following geographic area, in and § 800.196(d) of the regulations and Wapello County lines; and the States of Michigan and Ohio, is issued thereunder. Designation in the Bounded on the West by the western assigned to Michigan. specified geographic areas is for the and northern Wapello County lines; the Bounded on the North by the northern period beginning April 1, 2004, and western and northern Keokuk County Michigan State line; ending March 31, 2007. Persons wishing lines; the western Iowa County line Bounded on the East by the eastern to apply for designation should contact north to Interstate 80. Michigan State line south and east to the Compliance Division at the address The northern area: State Route 53; State Route 53 south to listed above for forms and information, Bounded on the North, in Iowa, by the State Route 46; State Route 46 west to or obtain applications at the GIPSA Web northern Delaware and Dubuque County Sheridan Road; Sheridan Road south to site, www.usda.gov/gipsa/oversight/ lines; in Illinois, by the northern Jo Barnes Road; Barnes Road west to State parovreg.htm. Daviess, Stephenson, Winnebago, Route 15; State Route 15 south to the 3. Request for Comments. GIPSA also Boone, McHenry, and Lake County Genesee County line; the northern is publishing this notice to provide lines; Genesee County line west to the interested persons the opportunity to Bounded on the East by the eastern Shiawassee County line; the northern present comments on the quality of Illinois State line south to the northern Shiawassee County line west to State services for the Champaign, Detroit, Will County line; the northern Will Route 52; State Route 52 south to State Eastern Iowa, Enid, Keokuk, and County line west to Interstate 55; Route 21; State Route 21 west to Clinton Michigan official agencies. In Interstate 55 southwest to the southern County; the eastern and northern commenting on the quality of services, Dupage County line; Clinton County lines west to U.S. Route commenters are encouraged to submit Bounded on the South by the 27; U.S. Route 27 south to U.S. Route pertinent data including information on southern Dupage, Kendall, Dekalb, and 127; U.S. Route 127 south to the the timeliness, cost, and scope of Lee County lines; and Michigan-Ohio State line. In Ohio, the services provided. All comments must VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52180 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices be submitted to the Compliance initiated paper returns, the Census DEPARTMENT OF COMMERCE Division at the above address. Bureau will provide questionnaires to Applications, comments, and other U.S. citizens to pick up at embassies, Economics and Statistics available information will be considered consulates, and from organizations that Administration in determining which applicant will be serve Americans overseas. Decennial Census Advisory Committee designated. Questionnaires can be returned by mail Authority: Pub. L. 94–582, 90 Stat. 2867, or completed via the Internet. AGENCY: Economics and Statistics as amended (7 U.S.C. 71 et seq.). The Census Bureau is developing a Administration, Department of Donna Reifschneider, comprehensive communications Commerce. Administrator, Grain Inspection, Packers and strategy, consisting of a marketing and ACTION: Notice of public meeting. Stockyards Administration. promotional campaign that will address SUMMARY: Pursuant to the Federal educating overseas Americans about the [FR Doc. 03–22306 Filed 8–29–03; 8:45 am] Advisory Committee Act, Title 5, United BILLING CODE 3410–EN–P overseas enumeration test, motivating States Code, Appendix 2, Section participation, and reaching them 10(a)(b), the Bureau of the Census through local venues such as radio and (Census Bureau) is giving notice of a DEPARTMENT OF COMMERCE print media. meeting of the Decennial Census The objectives of the 2004 Overseas Advisory Committee. The Committee Submission For OMB Review; Enumeration Test are to determine the will address issues related to the Comment Request feasibility, quality and cost of collecting reengineered 2010 decennial census of DOC has submitted to the Office of data from U.S. citizens living overseas. population and housing, including the Management and Budget (OMB) for The results of the 2004 Overseas American Community Survey, the short- clearance the following proposal for Enumeration Test will be used to form-only 2010 census, and other collection of information under the provide information and related decennial programs. Last minute provisions of the Paperwork Reduction recommendations to inform a test in changes to the schedule are possible, Act (44 U.S.C. chapter 35). 2006. If Congress decides to include an which could prevent advance Agency: U.S. Census Bureau. expanded overseas enumeration in the notification. Title: 2004 Overseas Enumeration 2010 census, a ‘‘dress rehearsal’’ would DATES: October 9–10, 2003. On October Test. be conducted in 2008. 9, the meeting will begin at Form Number(s): DO–1. approximately 9 a.m. and end at Agency Approval Number: None. Affected Public: Individuals or households. approximately 5 p.m. On October 10, Type of Request: New collection. the meeting will begin at approximately Burden: 75,000 hours. Frequency: One-time. 8:30 a.m. and end at approximately Number of Respondents: 450,000. Respondent’s Obligation: Mandatory. 12:15 p.m. Avg Hours Per Response: 10 minutes. ADDRESSES: Needs and Uses: The U.S. Census Legal Authority: Title 13 U.S.C., The meeting will be held at Bureau requests authorization from the Sections 141 and 193. the U.S. Census Bureau, 4700 Silver Hill Road, Suitland, Maryland 20746. Office of Management and Budget to OMB Desk Officer: Susan Schechter, conduct the 2004 Overseas Enumeration (202) 395–5103. FOR FURTHER INFORMATION CONTACT: Jeri Test. In response to Congressional Green, Committee Liaison Officer, Copies of the above information direction and stakeholder inquiries and Department of Commerce, U.S. Census collection proposal can be obtained by interest, the Census Bureau has Bureau, Room 3627, Federal Office calling or writing Diana Hynek, embarked on a research and evaluation Building 3, Washington, DC 20233, program that will provide information Departmental Paperwork Clearance telephone (301) 763–2070, TTY (301) regarding the feasibility of counting U.S. Officer, (202) 482–0266, Department of 457–2540. citizens living overseas and their Commerce, room 6625, 14th and SUPPLEMENTARY INFORMATION: The dependents, including private U.S. Constitution Avenue, NW., Washington, Decennial Census Advisory Committee citizens living overseas, as part of its DC 20230 (or via the Internet at is composed of a Chair, Vice-Chair, and 2010 Census data collection process. [email protected]). up to 40 member organizations, all The 2004 test will include U.S. Written comments and appointed by the Secretary of citizens living in France, Kuwait, and recommendations for the proposed Commerce. The Committee considers Mexico, regardless of how long they information collection should be sent the goals of the decennial census and have resided abroad (this does not within 30 days of publication of this users’ needs for information provided include those on vacations or short notice to Susan Schechter, OMB Desk by the decennial census. The Committee business trips). People who are not U.S. Officer either by fax (202–395–7245) or provides an outside-user perspective citizens will not be included in the email ([email protected]). about how research-and-design plans for counts. France, Kuwait, and Mexico the 2010 reengineered decennial census were selected as test sites based on Dated: August 26, 2003. and the development of the American several criteria such as geographic Madeleine Clayton, Community Survey and other related diversity, significant numbers of U.S. Management Analyst, Office of the Chief programs will realize those goals and citizens, and estimates from Information Officer. satisfy those needs. The members of the administrative records that could be [FR Doc. 03–22243 Filed 8–29–03; 8:45 am] Advisory Committee will draw on their compared to the test census counts for BILLING CODE 3510–07–P experience with Census 2000 planning evaluation purposes. and operational processes, results of The 2004 Overseas Enumeration Test research studies, test censuses, and will be a ‘‘mixed-mode’’ test, which will results of the Census 2000 evaluation employ the use of paper questionnaires program to provide input on the design and the Internet. For the respondent- and related operations of the 2010 VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52181 reengineered decennial census, the Constitution Avenue, NW., Washington, (including hours and cost) of the American Community Survey, and other DC 20230. proposed collection of information; (c) related programs. SUPPLEMENTARY INFORMATION: ways to enhance the quality, utility, and A brief period will be set aside at the clarity of the information to be meeting for public comment. However, I. Abstract collected; and (d) ways to minimize the individuals with extensive statements License Exception TMP of the Export burden of the collection of information for the record must submit them in Administration Regulations (15 CFR on respondents, including through the writing to the Census Bureau Committee 740.8) authorizes temporary (not more use of automated collection techniques Liaison Officer named above at least than one year) exports and reexports of or other forms of information three working days prior to the meeting. some commodities and software in some technology. Seating is available to the public on a situations in which a license otherwise Comments submitted in response to first-come, first-served basis. would be required. Information not this notice will be summarized and/or The meeting is physically accessible covered by any other approved included in the request for OMB to people with disabilities. Requests for collection is obtained from the public in approval of this information collection; sign language interpretation or other two situations covered by this they also will become a matter of public auxiliary aids should be directed to the collection. The first situation is when record. Census Bureau Committee Liaison the exporter or reexporter wishes to Dated: August 26, 2003. Officer as soon as known and preferably keep the commodities or software Madeleine Clayton, two weeks prior to the meeting. abroad for more than one year. In such Management Analyst, Office of the Chief Dated: August 26, 2003. instances, the exporter or reexporter Information Officer. must submit an application for an Keith Hall, [FR Doc. 03–22242 Filed 8–29–03; 8:45 am] extension (up to six months) or to Acting Under Secretary for Economic Affairs, BILLING CODE 3510–33–P Economics and Statistics Administration. convert the transaction to a permanent [FR Doc. 03–22319 Filed 8–29–03; 8:45 am] export or reexport. The second situation occurs when members of the news BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE media wish to use TMP as authorization to take items that otherwise would International Trade Administration DEPARTMENT OF COMMERCE require a license to destinations in Country Groups D:1 or E:2 or Sudan (see Antidumping or Countervailing Duty Bureau of Industry and Security 15 CFR part 740, Supp. No. 1 for the Order, Finding, or Suspended constituents of each country group). In Investigation; Opportunity To Request License Exception TMP: Special this situation, the exporter or reexporter Administrative Review Requirements must submit a copy of the packing list or similar information to BIS before the AGENCY: Import Administration, ACTION: Proposed Information export or reexport. International Trade Administration, Collection: Comment Request. Department of Commerce. II. Method of Collection ACTION: Notice of opportunity to request SUMMARY: The Department of The information will be collected in administrative review of antidumping or Commerce, as part of its continuing written form. countervailing duty order, finding, or effort to reduce paperwork and suspended investigation. respondent burden, invites the general III. Data public and other Federal agencies to OMB Number: 0694–0029. Background take this opportunity to comment on Form Number: N/A. proposed and/or continuing information Type of Review: Regular Submission. Each year during the anniversary collections, as required by the Affected Public: Businesses and other month of the publication of an Paperwork Reduction Act of 1995, for-profit institutions, small businesses antidumping or countervailing duty Public Law 104–13 (44 U.S.C. or organizations. order, finding, or suspension of 3506(c)(2)(A)). Estimated Number of Respondents: 3. investigation, an interested party, as DATES: Written comments must be Estimated Time Per Response: 20 defined in section 771(9) of the Tariff submitted on or before November 3, minutes. Act of 1930, as amended, may request, 2003. Estimated Total Annual Burden in accordance with section 351.213 Hours: 1 hour. (2002) of the Department of Commerce ADDRESSES: Direct all written comments Estimated Total Annual Cost: $15 for (the Department) Regulations, that the to Diana Hynek, DOC Paperwork respondents—no equipment or other Department conduct an administrative Clearance Officer, (202) 482–0266, materials will need to be purchased to review of that antidumping or Department of Commerce, Room 6625, comply with the requirement. countervailing duty order, finding, or 14th and Constitution Avenue, NW., suspended investigation. Washington, DC 20230. IV. Request for Comments Opportunity to Request a Review FOR FURTHER INFORMATION CONTACT: Comments are invited on: (a) Whether Requests for additional information or the proposed collection of information Not later than the last day of copies of the information collection is necessary for the proper performance September 2003, interested parties may instrument(s) and instructions should of the function of the agency, including request administrative review of the be directed to Ms. Marna Dove, BIS ICB whether the information shall have following orders, findings, or suspended Liaison, (202) 482–5211, Department of practical utility; (b) the accuracy of the investigations, with anniversary dates in Commerce, Room 6622, 14th & agency’s estimate of the burden September for the following periods: VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52182 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Period Antidumping Duty Proceedings ARGENTINA: Certain Hot-Rolled Carbon Steel Flat Products A–357–814 ...... 9/1/02–8/31/03 BELARUS: Steel Concrete Reinforcing Bars A–822–804 ...... 9/1/02–8/31/03 CANADA: New Steel Rail, Except Light Rail A–122–804 ...... 9/1/02–8/31/03 INDONESIA: Steel Concrete Reinforcing Bars A–560–811 ...... 9/1/02–8/31/03 ITALY: Stainless Steel Wire Rod A–475–820 ...... 9/1/02–8/31/03 JAPAN: Flat Panel Displays A–588–817 ...... 9/1/02–8/31/03 Stainless Steel Wire Rod A–588–843 ...... 9/1/02–8/31/03 LATVIA: Steel Concrete Reinforcing Bars A–449–804 ...... 9/1/02–8/31/03 MOLDOVA: Steel Concrete Reinforcing Bars A–841–804 ...... 9/1/02–8/31/03 POLAND: Steel Concrete Reinforcing Bars A–455–803 ...... 9/1/02–8/31/03 REPUBLIC OF KOREA: Stainless Steel Wire Rod A–580–829 ...... 9/1/02–8/31/03 Steel Concrete Reinforcing Bars A–580–844 ...... 9/1/02–8/31/03 SOUTH AFRICA: Certain Hot-Rolled Carbon Steel Flat Products A–791–809 ...... 9/1/02–8/31/03 SPAIN: Stainless Steel Wire Rod A–469–807 ...... 9/1/02–8/31/03 SWEDEN: Stainless Steel Wire Rod A–401–806 ...... 9/1/02–8/31/03 TAIWAN: Stainless Steel Wire Rod A–583–828 ...... 9/1/02–8/31/03 THE PEOPLE’S REPUBLIC OF CHINA: Foundry Coke A–570–862 ...... 9/1/02–8/31/03 Freshwater Crawfish Tail Meat A–570–848 ...... 9/1/02–8/31/03 Greige Polyester/Cotton Printcloth A–570–101 ...... 9/1/02–8/31/03 Steel Concrete Reinforcing Bars A–570–860 ...... 9/1/02–8/31/03 UKRAINE: Silicomanganese A–823–805 ...... 9/1/02–8/31/03 Solid Agricultural Grade Ammonium Nitrate A–823–810 ...... 9/1/02–8/31/03 Steel Concrete Reinforcing Bars A–823–809 ...... 9/1/02–8/31/03 Countervailing Duty Proceedings ARGENTINA: Certain Hot-Rolled Carbon Steel Flat Products C–357–815 ...... 1/1/02–12/31/02 CANADA: New Steel Rail, Except Light Rail C–122–805 ...... 1/1/02–12/31/02 ITALY: Stainless Steel Wire Rod C–475–821 ...... 1/1/02–12/31/02 Suspension Agreements: None. In accordance with section 351.213(b) which were produced in more than one Administration Web site at http:// of the regulations, an interested party as country of origin and each country of www.ia.ita.doc.gov. defined by section 771(9) of the Act may origin is subject to a separate order, then Six copies of the request should be request in writing that the Secretary the interested party must state submitted to the Assistant Secretary for conduct an administrative review. For specifically, on an order-by-order basis, Import Administration, International both antidumping and countervailing which exporter(s) the request is Trade Administration, Room 1870, U.S. duty reviews, the interested party must intended to cover. Department of Commerce, 14th Street & specify the individual producers or As explained in Antidumping and Constitution Avenue, NW., Washington, exporters covered by an antidumping Countervailing Duty Proceedings: DC 20230. The Department also asks finding or an antidumping or Assessment of Antidumping Duties, 69 parties to serve a copy of their requests countervailing duty order or suspension FR 23954 (May 6, 2003), the Department to the Office of Antidumping/ agreement for which it is requesting a has clarified its practice with respect to Countervailing Enforcement, Attention review, and the requesting party must the collection of final antidumping Sheila Forbes, in room 3065 of the main state why it desires the Secretary to duties on imports of merchandise where Commerce Building. Further, in review those particular producers or intermediate firms are involved. The accordance with section 351.303(f)(1)(i) exporters. If the interested party intends public should be aware of this of the regulations, a copy of each for the Secretary to review sales of clarification in determining whether to request must be served on every party merchandise by an exporter (or a request an administrative review of on the Department’s service list. producer if that producer also exports merchandise subject to antidumping The Department will publish in the merchandise from other suppliers) findings and orders. See also the Import Federal Register a notice of ‘‘Initiation VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52183 of Administrative Review of People’s Republic of China, 68 FR 47538 PVA from the PRC. The BCBP shall Antidumping or Countervailing Duty (Aug. 11, 2003). On August 11, 2003, we require a cash deposit or the posting of Order, Finding, or Suspended received an allegation, timely filed a bond equal to the estimated amount by Investigation’’ for requests received by pursuant to 19 CFR 351.224(c)(2), from which the normal value exceeds the the last day of September 2003. If the the respondent, Sinopec Sichuan U.S. price as indicated in the chart Department does not receive, by the last Vinylon Group (SVW), that the above. These instructions suspending day of September 2003, a request for Department had made a ministerial liquidation will remain in effect until review of entries covered by an order, error in its final determination. We did further notice. finding, or suspended investigation not receive comments on SVW’s This determination is issued and listed in this notice and for the period submission from the petitioners in this published pursuant to sections 735(d) identified above, the Department will investigation, Celanese Chemicals Ltd. and 777(i)(1) of the Act. instruct the Customs Service to assess and E.I. Dupont de Nemours & Dated: August 26, 2003. antidumping or countervailing duties on Company. After analyzing SVW’s James J. Jochum, those entries at a rate equal to the cash submission, we have determined, in Assistant Secretary for Import deposit of (or bond for) estimated accordance with 19 CFR 351.224(e), that Administration. antidumping or countervailing duties we made a ministerial error in our [FR Doc. 03–22346 Filed 8–29–03; 8:45 am] required on those entries at the time of calculation of total freight expenses for entry, or withdrawal from warehouse, certain sales with CIF Chongqing BILLING CODE 3510–DS–P for consumption and to continue to delivery terms in the margin collect the cash deposit previously calculations performed for the final DEPARTMENT OF COMMERCE ordered. determination. This notice is not required by statute Further, in reviewing the calculation National Oceanic and Atmospheric but is published as a service to the of SVW’s freight expenses for these CIF Administration international trading community. Chongqing transactions, we discovered [I.D. 082503H] Dated: August 27, 2003. two other clerical errors in the margin Gary Taverman, program directly related to the one Mid-Atlantic Fishery Management identified by the respondent. First, we Acting Deputy Assistant Secretary, Group II Council; Public Meeting for Import Administration. discovered that the error in total freight expenses discussed above also relates to AGENCY: National Marine Fisheries [FR Doc. 03–22345 Filed 8–29–03; 8:45am] SVW’s FOB Chongqing sales. Second, in Service (NMFS), National Oceanic and BILLING CODE 3510–DS–P determining which inland freight Atmospheric Administration (NOAA), expenses were applicable to SVW’s CIF Commerce. DEPARTMENT OF COMMERCE Chongqing sales, we discovered that we ACTION: Notice of a public meeting. had incorrectly recalculated marine SUMMARY: The Mid-Atlantic Fishery International Trade Administration insurance expenses. Correcting these errors resulted in a revised margin for Management Council’s (Council) [A–570–879] SVW. Tilefish Committee, together with the Tilefish Industry Advisors and Tilefish Notice of Amended Final For a detailed discussion of the ministerial errors noted above, as well Technical Team, will hold a public Determination of Sales at Less Than meeting. Fair Value: Polyvinyl Alcohol From the as the Department’s analysis, see the People’s Republic of China August 25, 2003, memorandum to DATES: The meeting will be held on Jeffrey May from the Team entitled Wednesday, September 18, 2003, from AGENCY: Import Administration, ‘‘Ministerial Error Allegation in the 10 a.m. to 4 p.m. International Trade Administration, Final Determination of the Antidumping ADDRESSES: This meeting will be held at Department of Commerce. Duty Investigation on Polyvinyl Alcohol the Crowne Plaza Meadowlands, Two EFFECTIVE DATE: September 2, 2003. from the People’s Republic of China.’’ Harmon Plaza, Secaucus, NJ; telephone: Therefore, in accordance with 19 CFR FOR FURTHER INFORMATION CONTACT: 201–348–6900. Elizabeth Eastwood or Alice Gibbons, 351.224(e), we are amending the final Council address: Mid-Atlantic Fishery AD/CVD Enforcement Group I, Office 2, determination of sales at LTFV in the Management Council, 300 S. New Import Administration, International antidumping duty investigation of PVA Street, Room 2115, Dover, DE 19904. Trade Administration, U.S. Department from the PRC. The revised dumping FOR FURTHER INFORMATION CONTACT: of Commerce, 14th Street and margins are as follows: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Constitution Avenue, NW., Washington, Original Amended DC 20230; telephone (202) 482–3874 or final mar- final mar- Council; telephone: 302–674–2331, ext. (202) 482–0498, respectively. Manufacturer/exporter gin gin 19. (percent) (percent) SUPPLEMENTARY INFORMATION: The Amendment to Final Determination purpose of this meeting is to address the In accordance with sections 735(a) Sinopec Sichuan decision of the court in Hadaja v. Evans and 777(i)(1) of the Tariff Act of 1930, Vinylon Works ...... 7.40 6.91 PRC-wide ...... 97.86 97.86 which raised questions with respect to as amended, (the Act), on August 11, the Administrative Record for tilefish. 2003, the Department published its Although non-emergency issues not notice of final determination of sales at Continuation of Suspension of contained in this agenda may come less than fair value (LTFV) in the Liquidation before this group for discussion, those investigation of polyvinyl alcohol (PVA) In accordance with section issues may not be the subject of formal from the People’s Republic of China 735(c)(1)(B) of the Act, we are directing action during this meeting. Action will (PRC). See Notice of Final the U.S. Bureau of Customs and Border be restricted to those issues specifically Determination of Sales at Less Than Protection (BCBP) to continue to identified in this notice and any issues Fair Value: Polyvinyl Alcohol From the suspend liquidation of all entries of arising after publication of this notice VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52184 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices that require emergency action under Avg. Hours Per Response: The USPTO Written comments and section 305(c) of the Magnuson-Stevens estimates that it will take the public recommendations for the proposed Fishery Conservation and Management approximately 15 minutes (0.25 hours) information collection should be sent on Act, provided the public has been to gather the necessary information, or before October 2, 2003 to David notified of the Council’s intent to take complete the form, and submit the Rostker, OMB Desk Officer, Room final action to address the emergency. complaint to the USPTO. The USPTO 10202, New Executive Office Building, Special Accommodations estimates that it will take an invention 725 17th Street, NW., Washington, DC promoter or promotion firm 20503. This meeting is physically accessible approximately 30 minutes (0.5 hours) to to people with disabilities. Requests for Dated: August 26, 2003. prepare and submit a response to a Susan K. Brown, sign language interpretation or other complaint. Records Officer, USPTO, Office of the Chief auxiliary aids should be directed to Needs and Uses: The Inventors’ Joanna Davis at the Mid-Atlantic Information Officer, Office of Data Rights Act of 1999 requires the USPTO Architecture and Services, Data Council Office (see ADDRESSES) at least to provide a forum for publishing Administration Division. 5 days prior to the meeting date. complaints concerning invention [FR Doc. 03–22253 Filed 8–29–03; 8:45 am] Dated: August 25, 2003. promoters and responses by the BILLING CODE 3510–16–P Richard W. Surdi, invention promoters to these Acting Director, Office of Sustainable complaints. An individual may submit Fisheries, National Marine Fisheries Service. a complaint to the USPTO, which is DEPARTMENT OF COMMERCE [FR Doc. 03–22341 Filed 8–29–03; 8:45 am] then forwarded to the identified BILLING CODE 3510–22–S invention promoter for response. United States Patent and Trademark Complaints and responses are published Office on the USPTO web site. The public uses DEPARTMENT OF COMMERCE this collection to submit a complaint to [Docket No. 2003–C–014] the USPTO regarding an invention Patent and Trademark Office promoter or to respond to a complaint. Revision of the United States Patent and Trademark Office Seal Submission for OMB Review; The USPTO uses this information to Comment Request comply with its statutory duty to publish the complaint along with any AGENCY: United States Patent and The United States Patent and response from the invention promoter. Trademark Office, Commerce. Trademark Office (USPTO) has Affected Public: Individuals or ACTION: Notice; Revision of agency seal. submitted to the Office of Management households, businesses or other for- SUMMARY: and Budget (OMB) for clearance the profits, and not-for-profit institutions. The United States Patent and Trademark Office revises its agency seal. following proposal for collection of Frequency: On occasion. information under the provisions of the Respondent’s Obligation: Voluntary. ADDRESSES: Director of the United States Paperwork Reduction Act (44 U.S.C. OMB Desk Officer: David Rostker, Patent and Trademark Office, P.O. Box Chapter 35). (202) 395–3897. 1450, Alexandria, VA 22313–1450. Agency: United States Patent and Copies of the above information FOR FURTHER INFORMATION CONTACT: Mr. Trademark Office (USPTO). Richard Maulsby at (703) 305–8341. Title: Invention Promoters/Promotion collection proposal can be obtained by Firms Complaints. calling or writing Susan K. Brown, SUPPLEMENTARY INFORMATION: The Form Number(s): PTO/SB/2048. Records Officer, Office of the Chief USPTO is revising its official seal Agency Approval Number: 0651– Information Officer, Office of Data established under 35 U.S.C. 2(b)(1). 0044. Architecture and Services, Data Effective October 1, 2003, the USPTO Type of Request: Revision of a Administration Division, 703–308– adopts the following as its seal with currently approved collection. 7400, U.S. Patent and Trademark Office, which letters patent, certificates of Burden: 38 hours annually. PO Box 1450, Alexandria, VA 22313, trademark registrations, and papers Number of Respondents: 100 Attn: CPK 3 Suite 310; or by e-mail at issued by USPTO will be authenticated responses per year. [email protected]. and which shall be judicially noticed: VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52185 Dated: August 26, 2003. verification of textile and apparel amendment will be published in the James E. Rogan, production in a number of foreign Federal Register. Under Secretary of Commerce for Intellectual countries. Based on information D. Michael Hutchinson, Property and Director of the United States obtained through on-site verifications Patent and Trademark Office. Acting Chairman, Committee for the and from other sources, the Bureau of Implementation of Textile Agreements. [FR Doc. 03–22291 Filed 8–29–03; 8:45 am] Customs and Border Protection has BILLING CODE 3510–16–P informed CITA that certain companies Committee for the Implementation of Textile Agreements were illegally transshipping, were closed, or were unable to produce August 26, 2003. COMMITTEE FOR THE records to verify production. The Commissioner, IMPLEMENTATION OF TEXTILE Chairman of CITA has directed the Bureau of Customs and Border Protection, AGREEMENTS Washington, DC 20229. Bureau of Customs and Border Dear Commissioner: The Bureau of Protection to issue regulations regarding Denying Entry to Textiles and Textile Customs and Border Protection has Products Allegedly Manufactured by a the denial of entry of shipments from conducted on-site verification of textile and textile product production in a number of Certain Company in Botswana such companies. (See Federal Register notice 64 FR 41395, published on July foreign countries. Based on information obtained through on-site verifications and August 26, 2003. 30, 1999). In order to secure compliance from other sources, the Bureau of Customs AGENCY: Committee for the with U.S. law, including Section 204 and Border Protection has informed CITA Implementation of Textile Agreements and Bureau of Customs and Border that certain companies were illegally (CITA). Protection law, to carry out textile and transshipping, were closed, or were unable to ACTION: Issuing a directive to the textile product agreements, and to avoid produce records to verify production. The Commissioner, Bureau of Customs and circumvention of textile agreements, the Chairman of CITA has directed the Bureau of Customs and Border Protection to issue Border Protection to deny entry to Chairman of CITA is directing the regulations regarding the denial of entry of shipments allegedly manufactured by a Bureau of Customs and Border shipments from such companies (see certain company in Botswana. Protection to deny entry to textile and directive dated July 27, 1999 (64 FR 41395), textile products allegedly manufactured published on July 30, 1999). In order to EFFECTIVE DATE: September 2, 2003. by Uni-Oriental (Pty) Ltd. of Botswana secure compliance with U.S. law, including FOR FURTHER INFORMATION CONTACT: Section 204 and Bureau of Customs and for two years. The Bureau of Customs Border Protection law, to carry out textile Janet Heinzen, International Trade and Border Protection has informed and textile product agreements, and to avoid Specialist, Office of Textiles and CITA that this company was found to circumvention of textile agreements, the Apparel, U.S. Department of Commerce, have been illegally transhipping, closed, Chairman of CITA directs the Commissioner, (202) 482-3400. or unable to produce records to verify Bureau of Customs and Border Protection, SUPPLEMENTARY INFORMATION: production. effective for goods exported on and after September 2, 2003 and extending through Authority: Section 204 of the Agricultural Should CITA determine that this September 1, 2005, to deny entry to textiles Act of 1956, as amended (7 U.S.C. 1854); decision should be amended, such and textile products allegedly manufactured Executive Order 12475 of May 9, 1984, as by the company Uni-Oriental (Pty) Ltd. of amended. Botswana. The Bureau of Customs and The Bureau of Customs and Border Border Protection has informed CITA that Protection has conducted on-site this company was found to have been VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 EN02SE03.000 52186 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices illegally transshipping, closed, or unable to FOR FURTHER INFORMATION CONTACT: Jerry Board (PRB) for the Department of produce records to verify production. Zaffos, Acquisition Policy Division, Education for the Senior Executive The Committee for the Implementation of GSA (202) 208–6091. Service (SES) performance cycle that Textile Agreements has determined that this ended June 30, 2003. Under 5 U.S.C. action falls within the foreign affairs ADDRESSES: Submit comments regarding exception to the rulemaking provisions of 5 this burden estimate or any other aspect 4314(c)(1) through (5), each agency is U.S.C. 553(a)(1). of this collection of information, required to establish one or more PRBs. Sincerely, including suggestions for reducing this Composition and Duties D. Michael Hutchinson, burden to the General Services Acting Chairman, Committee for the Administration, FAR Secretariat, 1800 F The PRB of the Department of Implementation of Textile Agreements. Street, NW., Room 4035, Washington, Education is composed of career senior [FR Doc.03–22202 Filed 8–29–03; 8:45 am] DC 20405. executives, non-career senior executives, and Presidential appointees. BILLING CODE 3510–DR–S SUPPLEMENTARY INFORMATION: The PRB reviews and evaluates the A. Purpose initial appraisal of each senior The Federal Acquisition Streamlining executive’s performance, along with any DEPARTMENT OF DEFENSE Act of 1994 included Title VIII, entitled comments by that senior executive and Commercial Items. The title made by any higher-level executive or GENERAL SERVICES numerous additions and revisions to executives. The PRB makes ADMINISTRATION both the civilian agency and Armed recommendations to the appointing Service acquisition statutes to encourage authority relative to the performance of NATIONAL AERONAUTICS AND and facilitate the acquisition of the senior executive, including SPACE ADMINISTRATION commercial items and services by recommendations on performance Federal Government agencies. awards. The Department of Education’s [OMB Control No. 9000–0136] To implement these changes, DoD, PRB also makes recommendations on NASA, and GSA amended the Federal SES pay level adjustments for career Federal Acquisition Regulation; senior executives. Information Collection; Commercial Acquisition Regulation(FAR) to include Item Acquisitions several streamlined and simplified Membership clauses and provisions to be used in The Secretary has selected the AGENCIES: place of existing clauses and provisions. Department of Defense (DOD), following executives of the Department They were designed to simplify General Services Administration (GSA), of Education to serve on the PRB of the solicitations and contracts for and National Aeronautics and Space Department of Education for the Administration (NASA). commercial items. Information is used by Federal specified SES performance cycle: Chair: ACTION: Notice of request for comments William Leidinger, Gerald Reynolds, regarding an extension to an existing agencies to facilitate the acquisition of commercial items and services. Jack Martin, John Higgins, Maria Ferrier, OMB clearance (9000–0136). Susan Sclafani, Thomas Skelly, Philip B. Annual Reporting Burden Link, Steven Winnick, Patricia Guard, SUMMARY: Under the provisions of the Veronica Trietsch, Jeannette Lim, and Paperwork Reduction Act of 1995 (44 Respondents: 37,500. Thomas Pestka. U.S.C. Chapter 35), the Federal Responses Per Respondent: 34. Acquisition Regulation (FAR) Total Responses: 1,275,000. FOR FURTHER INFORMATION CONTACT: Hours Per Response: .312. Secretariat will be submitting to the Althea Watson, Director, Executive Total Burden Hours: 397,800. Resources Team, Human Resources Office of Management and Budget Obtaining Copies of Proposals: (OMB) a request to review and approve Services, Office of Management, U.S. Requesters may obtain a copy of the Department of Education, room 2E124, an extension of a currently approved information collection documents from information collection requirement FOB–6, 400 Maryland Avenue, SW., the General Services Administration, Washington, DC 20202–4573. concerning the clauses and provisions FAR Secretariat (MVA), Room 4035, required for use in commercial item Telephone: (202) 401–2548. Washington, DC 20405, telephone (202) If you use a telecommunications acquisitions. The OMB clearance 501–4755. Please cite OMB Control No. expires on October 31, 2003. device for the deaf (TDD), you may call 9000–0136 regarding Commercial Item the Federal Information Relay Service Public comments are particularly Acquisitions in all correspondence. invited on: Whether this collection of (FIRS) at 1–800–877–8339. Individuals with disabilities may information is necessary for the proper Dated: August 26, 2003. obtain this document in an alternative performance of functions of the FAR, Laura G. Auletta, format (e.g., Braille, large print, and whether it will have practical Director, Acquisition Policy Division. audiotape, or computer diskette) on utility; whether our estimate of the [FR Doc. 03–22248 Filed 8–29–03; 8:45 am] request to the contact person listed public burden of this collection of BILLING CODE 6820–EP–P under FOR FURTHER INFORMATION information is accurate, and based on CONTACT. valid assumptions and methodology; ways to enhance the quality, utility, and DEPARTMENT OF EDUCATION Electronic Access to This Document clarity of the information to be You may view this document, as well collected; and ways in which we can Office of Management; Performance as all other Department of Education minimize the burden of the collection of Review Board; Notice of Membership documents published in the Federal information on those who are to AGENCY: Department of Education. Register, in text or Adobe Portable respond, through the use of appropriate ACTION: Document Format (PDF) on the Internet technological collection techniques or Notice of membership of the Performance Review Board. at the following site: http://www.ed.gov/ other forms of information technology. legislation/FedRegister. DATES: Submit comments on or before SUMMARY: The Secretary announces the To use PDF you must have Adobe November 3, 2003. members of the Performance Review Acrobat Reader, which is available free VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52187 at this site. If you have questions about Kingdom. DEMI and its affiliates have not adversely impact on the reliability using PDF, call the U.S. Government no franchised service territory in the of the U.S. electric power supply Printing Office (GPO), toll free, at 1– United States or Canada for the sale of system. 888–293–6498; or in the Washington, natural gas or electricity, nor do DEMI Copies of this application will be DC, area at (202) 512–1530. or its affiliates own or operate any made available, upon request, for public Note: The official version of this document generation or transmission facilities in inspection and copying at the address is the document published in the Federal the United States or Canada. DEMI will provided above or by accessing the Register. Free Internet access to the official operate as a marketer and broker of Fossil Energy Home Page at http:// edition of the Federal Register and the Code electric power at wholesale and may www.fe.doe.gov. Upon reaching the of Federal Regulations is available on GPO arrange services in related areas such as Fossil Energy Home page select Access at: http://www.gpoaccess.gov/nara/ fuel supplies and transmission services. ‘‘Electricity regulation,’’ and then index.html. DEMI proposes to export electric ‘‘Pending Proceedings’’ from the options energy to Canada over the international menus. Dated: August 27, 2003. transmission facilities owned by Basin Rod Paige, Issued in Washington, DC, on August 26, Electric Power Cooperative, Bonneville 2003. Secretary of Education. Power Administration, Citizens Anthony Como, [FR Doc. 03–22318 Filed 8–27–03; 2:28 pm] Utilities, Eastern Maine Electric Deputy Director, Electric Power Regulation, BILLING CODE 4000–01–P Cooperative, International Transmission Office of Coal & Power Import/Export, Office Co., Joint Owners of the Highgate of Coal & Power Systems, Office of Fossil Project, Long Sault, Inc., Maine Electric Energy. DEPARTMENT OF ENERGY Power Company, Maine Public Service [FR Doc. 03–22302 Filed 8–29–03; 8:45 am] Company, Minnesota Power, Inc., [Docket Nos. EA–280] Minnkota Power Cooperative, Inc., New BILLING CODE 6450–01–P Application To Export Electric Energy; York Power Authority, Niagara Mohawk Direct Energy Marketing Inc. Power Corp., Northern States Power DEPARTMENT OF ENERGY Company and Vermont Electric AGENCY: Office of Fossil Energy, DOE. Transmission Company. DEMI will [Docket No. PP–66–1] ACTION: Notice of application. purchase the energy to be exported from electric utilities and Federal power Application to Transfer Presidential SUMMARY: Direct Energy Marketing Inc. marketing agencies within the United Permit; Citizens Communications (DEMI) has applied for authority to States as defined in the FPA. Company and Vermont Electric Power export electric energy from the United The construction, operation, Company, Inc. States to Canada, pursuant to section maintenance, and connection of each of AGENCY: Office of Fossil Energy, DOE. 202(e) of the Federal Power Act. the international transmission facilities ACTION: Notice of application. DATES: Comments, protests or requests to be utilized by DEMI has previously to intervene must be submitted on or been authorized by a Presidential permit SUMMARY: Citizens Communications before October 2, 2003. issued pursuant to Executive Order Company (Citizens) and Vermont ADDRESSES: Comments, protests or 10485, as amended. Electric Power Company, Inc. (VELCO) Procedural Matters: Any person requests to intervene should be have jointly applied to transfer desiring to become a party to this addressed as follows: Office of Coal & Presidential Permit PP–66 from Citizens proceeding or to be heard by filing Power Import/Export (FE–27), Office of to VELCO. comments or protests to this application Fossil Energy, U.S. Department of DATES: Comments, protests or requests should file a petition to intervene, Energy, 1000 Independence Avenue, to intervene must be submitted on or comment or protest at the address SW., Washington, DC 20585–0350 (FAX before October 2, 2003. provided above in accordance with 202–287–5736). ADDRESSES: section 385.211 or 385.214 of the Comments, protests or FOR FURTHER INFORMATION CONTACT: FERC’s Rules of Practice and Procedures requests to intervene should be Xavier Puslowski (Program Office) 202– (18 CFR 385.211, 385.214). Fifteen addressed as follows: Office of Coal & 586–4708 or Michael Skinker (Program copies of each petition and protest Power Import/Export (FE–27), Office of Attorney) 202–586–2793. should be filed with the DOE on or Fossil Energy, U.S. Department of SUPPLEMENTARY INFORMATION: Exports of before the date listed above. Energy, 1000 Independence Avenue, electricity from the United States to a Comments on the DEMI application to SW., Washington, DC 20585–0350 (FAX foreign country are regulated and export electric energy to Canada should 202–287–5736). require authorization under section be clearly marked with Docket EA–280. FOR FURTHER INFORMATION CONTACT: 202(e) of the Federal Power Act (FPA) Additional copies are to be filed directly Ellen Russell (Program Office) 202–586– (16 U.S.C. 824a(e)). with Catherine P. McCarthy, LeBeouf, 9624 or Michael Skinker (Program On August 13, 2003, DEMI applied to Lamb, Greene & MacRae, L.L.P. 1875 Attorney) 202–586–2793. the Office of Fossil Energy of the Connecticut Avenue, NW., Suite 1200, SUPPLEMENTARY INFORMATION: The Department of the Department of Energy Washington, DC 20007 AND Robert construction, operation, maintenance, (DOE) for authority to export electric Frank, Vice President, Regulatory and connection of facilities at the energy from the Unites States to Canada. Affairs, Centrica North America, 8 international border of the United States DEMI is a Delaware corporation with its Greenway Plaza, Suite 1000, Houston, for the transmission of electric energy principal place of business in Stamford, TX 77046. between the United States and a foreign Connecticut. DEMI is wholly-owned by A final decision will be made on this country is prohibited in the absence of Centrica U.S. Holdings Inc., an indirect, application after the environmental a Presidential permit issued pursuant to wholly-owned subsidiary of Centrica impact has been evaluated pursuant to Executive Order (EO) 10485, as plc. Centrica plc is a major supplier of the National Environmental Policy Act amended by EO 12038. Existing energy, telecommunications, and of 1969, and a determination is made by Presidential permits are not transferable financial services in the United the DOE that the proposed action will or assignable. However, in the event of VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52188 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices a proposed voluntary transfer of Downs Rachlin Martin PLLC, 90 will be considered by the Commission physical facilities, in accordance with Prospect Street, P.O. Box 99, St. in determining the appropriate action to the regulations at 10 CFR 205.323, the Johnsbury, VT 05819–0099. be taken, but will not serve to make existing holder of a permit and the Before a Presidential permit may be protestants parties to the proceedings. transferee are required to file joint issued or amended, the DOE must This filing is available for review at the application for transfer with the determine that the proposed action will Commission in the Public Reference Department of Energy (DOE) that not adversely impact on the reliability Room or may be viewed on the includes a statement of reasons for the of the U.S. electric power supply Commission’s Web site at http:// transfer. system. In addition, DOE must consider www.ferc.gov using the ‘‘FERRIS’’ link. On June 21, 1979, DOE issued the environmental impacts of the Enter the docket number excluding the Presidential Permit PP–66 to Citizens proposed action (i.e., granting the last three digits in the docket number Utilities Company (now Citizens Presidential permit with any conditions field to access the document. For Communications Company) for one and limitations, or denying it) pursuant assistance, please contact FERC Online 120,000-volt (120-kV) electric to the National Environmental Policy Support at transmission line that crosses the Act of 1969. DOE also must obtain the [email protected] or toll- United States border with Canada near concurrence of the Secretary of State free at (866) 208–3676, or TTY, contact Derby Line, Vermont, and interconnects and the Secretary of Defense before (202) 502–8659. The Commission with similar transmission facilities in taking final action on a Presidential strongly encourages electronic filings. Canada owned by Hydro Quebec. permit application. See 18 CFR 385.2001(a)(1)(iii) and the On August 21, 2003, Citizens and Copies of these applications will be instructions on the Commission’s Web VELCO (collectively, the ‘‘Applicants’’) made available, upon request, for public site under the ‘‘e-Filing’’ link. jointly filed an application with DOE to inspection and copying at the address Protest Date: September 2, 2003. transfer Presidential Permit PP–66 from provided above or by accessing the Citizens to VELCO. VELCO is a Vermont Fossil Energy Home Page at http:// Linda Mitry, corporation comprised of several www.fe.doe.gov. Upon reaching the Acting Secretary. electric utilities operating in Vermont Fossil Energy Home page, select [FR Doc. 03–22218 Filed 8–29–03; 8:45 am] (as further described in the application). ‘‘Electricity Regulation,’’ and then BILLING CODE 6717–01–P VELCO currently owns and operates ‘‘Pending Proceedings’’ from the options most of the bulk transmission facilities menus. in Vermont, other than those currently DEPARTMENT OF ENERGY Issued in Washington, DC, on August 26, owned by Citizens. VELCO proposes to 2003. purchase from Citizens transmission Federal Energy Regulatory Anthony J. Como, facilities in northern Vermont, Commission including the international transmission Deputy Director, Electric Power Regulation, Office of Coal & Power Import/Export, Office [Docket Nos. CP01–76–007 and CP01–77– facilities that are the subject of PP–66. of Coal & Power Systems, Office of Fossil 007] In this application, the Applicants Energy. state that there will be no physical [FR Doc. 03–22303 Filed 8–29–03; 8:45 am] changes to the existing permitted Dominion Cove Point LNG, LP.; Notice facilities. BILLING CODE 6450–01–P of Tariff Filing Procedural Matters: Any person August 25, 2003. desiring to become a party to this DEPARTMENT OF ENERGY proceeding or to be heard by filing Take notice that on August 19, 2003, comments or protests to this application Dominion Cove Point LNG, LP (Cove Federal Energy Regulatory Point) tendered for filing as part of its should file a petition to intervene, Commission comment or protest at the address FERC Gas Tariff, Original Volume No. 1, provided above in accordance with [Docket No. RP03–347–002] the following tariff sheets, with an effective date of August 18, 2003: section 385.211 or 385.214 of the Chandeleur Pipe Line Company; Third Revised Sheet No. 5. FERC’s Rules of Practice and Procedures Notice of Compliance Filing (18 CFR 385.211, 385.214). Fifteen Third Revised Sheet No. 6. copies of each petition and protest August 25, 2003. Third Revised Sheet No. 7. should be filed with the DOE on or Take notice that on August 18, 2003, Third Revised Sheet No. 10. Third Revised Sheet No. 11. before the date listed above. Chandeleur Pipe Line Company Comments on the joint application to (Chandeleur) tendered for filing as part On May 20, 2003, Cove Point filed transfer Presidential Permit PP–66 from of its FERC Gas Tariff, Second Revised revised tariff sheets (Second Revised Citizens to VELCO should be clearly Volume No. 1, 2nd Substitute Third Sheet Nos. 5, 6, 7, 10, and 11) to reflect marked with Docket PP–66–1. Revised Sheet No. 69B, to become the correct rates to be effective until the Additional copies are to be filed directly effective July 1, 2003. Commission authorized commencement with L. Russell Mitten, Esq., VP, General Chandeleur asserts that the purpose of of commercial operations at Cove Counsel, Citizens Communications this filing is to correct a typographical Point’s LNG import terminal. The tariff Company, 3 High Ridge Park, Stamford, error on this sheet. sheets superseded at that time, which CT 06905; Mr. Gary Parker, V.P., Any person desiring to protest said had been approved in a letter order Director of Planning, Engineering, filing should file a protest with the issued February 28, 2003, in Docket No. Construction and Transmission, Federal Energy Regulatory Commission, CP01–76–003, et al., implemented the Vermont Electric Power Company, Inc., 888 First Street, NE., Washington, DC rates and fuel retention to become 366 Pinnacle Ridge Road, Rutland, VT 20426, in accordance with ¶ 385.211 of applicable upon reactivation. In a letter 05701; and Kenneth G. Hurwitz, Esq., the Commission’s Rules and order issued on June 18, 2003 in Docket Haynes and Boone, LLP, 550 11th Regulations. All such protests must be Nos. CP01–76–005 and CP01–77–005, Street, NW, Suite 650, Washington, DC filed in accordance with ¶ 154.210 of the Commission approved the correct 20004–1314; and John H. Marshall, Esq., the Commission’s Regulations. Protests rates to be effective June 1, 2003. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52189 In its May 20 filing, Cove Point Island Public Utilities Commission, the DEPARTMENT OF ENERGY indicated that, as soon as the Rhode Island Division of Public Utilities Commission approved a date for placing and Carriers, the Rhode Island Attorney Federal Energy Regulatory the import facilities in service, it would General, Pinpoint Power, NRG Energy, Commission immediately file to reinstate the Inc. and Gen Power, LLC (collectively, [Docket No. RP03–573–000] postreactivation rate and fuel sheets to Complainants) filed a Complaint be effective on that date. The Requesting Fast Track Processing PG&E Gas Transmission, Northwest Commission authorized the against the New England Power Pool Corporation; Notice of Tariff Filing commencement of commercial and ISO New England, Inc. (NEPOOL/ August 25, 2003. operations of the import facilities in a ISO–NE) pursuant to Sections 206 and Take notice that on August 15, 2003, letter order issued on August 18, 2003. 306 of the Federal Power Act and Rule PG&E Transmission, Northwest To coincide with the reactivation, Cove 206 of the Commission’s Rules (18 CFR Point respectfully requests that the Corporation, (GTN) as part of its FERC 385.206). Complainants request that the Gas Tariff, Second Revised Volume No. Commission approve the filed tariff Commission reject the methodology sheets with an August 18, 2003 effective 1, the following tariff sheets, with an currently proposed by NEPOOL/ISO-NE effective date of September 15, 2003: date. for allocating the costs of transmission Any person desiring to protest said upgrades in New England. Fourth Revised Sheet No. 6. Second Revised Sheet No. 211. filing should file a protest with the Complainants request the Commission Federal Energy Regulatory Commission, Second Revised Sheet no. 212. to adopt instead the Complainants’ Original Sheet No. 229. 888 First Street, NE., Washington, DC proposal, which Complainants assert GTN states that the filing is being 20426, in accordance with provides an appropriate method for § 385.211 of the Commission’s Rules made to establish a mechanism that will allocating transmission upgrade costs to and Regulations. All such protests must allow GTN’s incremental fuel rate, the load that benefits from the upgrade. be filed in accordance with established in conjunction with GTN’s § 154.210 of the Commission’s Any person desiring to be heard or to 2002 Pipeline Expansion Project, to roll Regulations. Protests will be considered protest this filing should file with the down over time. by the Commission in determining the Federal Energy Regulatory Commission, GTN states that copies of the filing appropriate action to be taken, but will 888 First Street, NE., Washington, DC have been served on GTN’s not serve to make protestants parties to 20426, in accordance with Rules 211 jurisdictional customers and interested the proceedings. This filing is available and 214 of the Commission’s Rules of state regulatory agencies. for review at the Commission in the Practice and Procedure (18 CFR 385.211 Any person desiring to be heard or to Public Reference Room or may be and 385.214). Protests will be protest said filing should file a motion viewed on the Commission’s Web site at considered by the Commission in to intervene or a protest with the http://www.ferc.gov using the eLibrary determining the appropriate action to be Federal Energy Regulatory Commission, (FERRIS) link. Enter the docket number taken, but will not serve to make 888 First Street, NE., Washington, DC excluding the last three digits in the protestants parties to the proceeding. 20426, in accordance with Sections docket number field to access the Any person wishing to become a party 385.214 or 385.211 of the Commission’s document. For assistance, please contact must file a motion to intervene. The Rules and Regulations. All such motions FERC Online Support at answer to the complaint and all or protests must be filed in accordance [email protected] or toll- comments, interventions or protests with the comment date below. Protests free at (866) 208–3676, or TTY, contact must be filed on or before comment will be considered by the Commission (202) 502–8659. The Commission date. This filing is available for review in determining the appropriate action to strongly encourages electronic filings. at the Commission in the Public be taken, but will not serve to make protestants parties to the proceedings. See 18 CFR 385.2001(a)(1)(iii) and the Reference Room or may be viewed on Any person wishing to become a party instructions on the Commission’s Web the Commission’s Web site at http:// must file a motion to intervene. This site under the eLibrary (e-Filing) link. www.ferc.gov using the eLibrary filing is available for review at the Protest Date: September 2, 2003. (FERRIS) link. Enter the docket number Commission in the Public Reference excluding the last three digits in the Linda Mitry, Room or may be viewed on the docket number field to access the Acting Secretary. Commission’s Web site at http:// document. For assistance, please contact [FR Doc. 03–22214 Filed 8–29–03; 8:45 am] www.ferc.gov using the ‘‘eLibrary’’ FERC Online Support at (FERRIS). Enter the docket number BILLING CODE 6717–01–P [email protected]. or toll excluding the last three digits in the free at (866)208–3676, or for TTY, docket number field to access the DEPARTMENT OF ENERGY contact (202)502–8659. The answer to document. For assistance, please contact the complaint, comments, protests and FERC Online Support at Federal Energy Regulatory interventions may be filed electronically [email protected] or toll- Commission via the Internet in lieu of paper; see 18 free at (866) 208–3676, or TTY, contact CFR 385.2001(a)(1)(iii) and the [Docket No. EL03–222–000] (202) 502–8659. The Commission instructions on the Commission’s Web strongly encourages electronic filings. Maine Public Utilities Commission, et site under the ‘‘e-Filing’’ link. The See 18 CFR 385.2001(a)(1)(iii) and the al., Complainants, v. New England Commission strongly encourages instructions on the Commission’s Web Power Pool and ISO New England, Inc., electronic filings. site under the ‘‘e-Filing’’ link. Respondents; Notice of Complaint September 5, 2003. Comment Date: August 29, 2003. August 25, 2003. Linda Mitry, Linda Mitry, Take notice that on August 21, 2003, Acting Secretary. Acting Secretary. the Maine Public Utilities Commission, [FR Doc. 03–22216 Filed 8–29–03; 8:45 am] [FR Doc. 03–22221 Filed 8–29–03; 8:45 am] the Maine Public Advocate, the Rhode BILLING CODE 6717–01–P BILLING CODE 6717–01–P VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52190 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. RP03–574–000] [Docket No. RP99–518–048] [Docket No. RP03–568–000] PG&E Gas Transmission, Northwest Corporation; Notice of Proposed PG&E Gas Transmission, Northwest Questar Pipeline Company; Notice of Change in FERC Gas Tariff Corporation; Notice of Tariff Filing Tariff Filing August 25, 2003. August 25, 2003. August 25, 2003. Take notice that on August 19, 2003, PG&E Gas Transmission, Northwest Take notice that on August 15, 2003, Take notice that on August 14, 2003, Corporation (GTN) tendered for filing to PG&E Gas Transmission, Northwest Questar Pipeline Company (Questar) be part of its FERC Gas Tariff, Second Corporation (GTN) tendered for filing to tendered for filing has part of its FERC Revised Volume No. 1–A, Third Revised be part of its FERC Gas Tariff, Second Gas Tariff, the following tariff sheets, Sheet No. 138 and Second Revised Revised Volume No. 1–A, Second with an effective date of October 1, Sheet No. 139, with an effective date of Revised Sheet No. 21B, with an effective 2003: September 18, 2003. date of September 14, 2003. First Revised Volume No. 1. GTN states that these sheets are being GTN states that it is submitting Twenty-Ninth Revised Sheet No. 5. filed to provide shippers with an Second Revised Sheet No. 21B in order Sixteenth Revised Sheet No. 6. alternative means of establishing to establish negotiated rate tariff Original Volume No. 3. security for interruptible transportation language that it expects will be utilized Thirty-Sixth Revised Sheet No. 8. (IT) service that is in addition to the in conjunction with future negotiated current methods available to IT Questar states that the filing rate transactions for purposes of incorporates into its storage and shippers. establishing a value for fuel gas that is GTN further states that a copy of this transportation rates, the revised annual filing has been served on GTN’s retained in-kind by the pipeline. charge adjustment (ACA) unit rate of jurisdictional customers and interested GTN further states that a copy of this $0.00210 per Dth. state regulatory agencies. filing has been served on GTN’s Questar states that copies of the filing Any person desiring to be heard or to jurisdictional customers and interested were served upon Questar’s customers, protest said filing should file a motion state regulatory agencies. the Public Service Commission of Utah to intervene or a protest with the Any person desiring to protest said and the Public Service Commission of Federal Energy Regulatory Commission, filing should file a protest with the Wyoming. 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, 20426, in accordance with Sections Any person desiring to be heard or to 888 First Street, NE., Washington, DC 385.214 or 385.211 of the Commission’s protest said filing should file a motion Rules and Regulations. All such motions 20426, in accordance with § 385.211 of to intervene or a protest with the or protests must be filed in accordance the Commission’s Rules and Federal Energy Regulatory Commission, with § 154.210 of the Commission’s Regulations. All such protests must be 888 First Street, NE., Washington, DC Regulations. Protests will be considered filed in accordance with the protest date 20426, in accordance with Sections by the Commission in determining the below. Protests will be considered by 385.214 or 385.211 of the Commission’s appropriate action to be taken, but will the Commission in determining the Rules and Regulations. All such motions not serve to make protestants parties to appropriate action to be taken, but will or protests must be filed in accordance the proceedings. Any person wishing to not serve to make protestants parties to with the comment date below. Protests become a party must file a motion to the proceedings. This filing is available will be considered by the Commission intervene. This filing is available for for review at the Commission in the in determining the appropriate action to review at the Commission in the Public Public Reference Room or may be be taken, but will not serve to make Reference Room or may be viewed on viewed on the Commission’s Web site at protestants parties to the proceedings. the Commission’s Web site at http:// http://www.ferc.gov using the eLibrary Any person wishing to become a party www.ferc.gov using the ‘‘eLibrary’’ (FERRIS) link. Enter the docket number must file a motion to intervene. This (FERRIS) link. Enter the docket number excluding the last three digits in the filing is available for review at the excluding the last three digits in the docket number field to access the Commission in the Public Reference docket number field to access the document. For assistance, please contact Room or may be viewed on the document. For assistance, please contact FERC Online Support at Commission’s Web site at http:// FERC Online Support at [email protected] or toll- www.ferc.gov using the ‘‘eLibrary’’ [email protected] or toll- free at (866) 208–3676, or TTY, contact (FERRIS). Enter the docket number free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission excluding the last three digits in the (202) 502–8659. The Commission strongly encourages electronic filings. docket number field to access the strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the document. For assistance, please contact See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web FERC Online Support at instructions on the Commission’s Web site under the eLibrary (e-Filing) link. [email protected] or toll- site under the eLibrary (e-Filing) link. Comment Date: September 2, 2003. Protest Date: August 29, 2003. free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission Linda Mitry, Linda Mitry, strongly encourages electronic filings. Acting Secretary. Acting Secretary. See 18 CFR 385.2001(a)(1)(iii) and the [FR Doc. 03–22222 Filed 8–29–03; 8:45 am] [FR Doc. 03–22223 Filed 8–29–03; 8:45 am] instructions on the Commission’s Web BILLING CODE 6717–01–P BILLING CODE 6717–01–P site under the eLibrary (e-Filing) link. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52191 Comment Date: August 29, 2003. instructions on the Commission’s Web Notice of Cancellation of its market- site under the eLibrary (e-Filing) link. based rate authority and reporting of Linda Mitry, Protest Date: September 2, 2003. electric power sales transactions and Acting Secretary. agreements. TexPar Energy, Inc., states Linda Mitry, [FR Doc. 03–22220 Filed 8–29–03; 8:45 am] that the cancellation should take effect Acting Secretary. BILLING CODE 6717–01–P August 8, 2003, and has not entered into [FR Doc. 03–22219 Filed 8–29–03; 8:45 am] any contracts to sell power. Comment BILLING CODE 6717–01–P Date: September 5, 2003. DEPARTMENT OF ENERGY 4. Southern Company Services, Inc. Federal Energy Regulatory DEPARTMENT OF ENERGY [Docket No. ER03–1220–000] Commission Federal Energy Regulatory Take notice that on August 18, 2003, [Docket No. RP03–544–001] Commission Southern Company Services, Inc. (SCS), acting on behalf of Alabama Power Texas Gas Transmission, LLC [Docket Nos. ER96–25–022. et al.] Company, Georgia Power Company, (formerly Texas Gas Transmission Gulf Power Company, Mississippi Coral Power, L.L.C., et al.; Electric Rate Corporation); Notice of Compliance Power Company, and Savannah Electric and Corporate Filings Filing and Power Company (collectively August 21, 2003. Southern Companies), filed a Notice of August 25, 2003. The following filings have been made Cancellation of Service Schedules A and Take notice that on August 4, 2003, with the Commission. The filings are B of the Interchange Contract dated Texas Gas Transmission, LLC (Texas listed in ascending order within each December 15, 1980 between the City of Gas) (formerly Texas Gas Transmission docket classification. Tallahassee, Florida, and Southern Corporation) tendered for filing as part Companies (Rate Schedule FERC No. of its FERC Gas Tariff, Second Revised 1. Coral Power, L.L.C., Coral Energy 62). These cancellations were made Volume No. 1, the following tariff Management, LLC, Coral Canada U.S. pursuant to a bilateral amendment to sheets, with an effective date of July 7, Inc. the Interchange Contract. Comment 2003: [Docket Nos. ER96–25–022, ER01–1363–002, Date: September 8, 2003. First Revised Sheet No. 201. ER01–3017–002] First Revised Sheet No. 293. 5. California Independent System Take notice that on August 18, 2003, Operator Corporation Texas Gas states that the filing is an Coral Power, L.L.C. (Coral Power), Coral administrative filing. Texas Gas further Energy Management, LLC (Coral EM) [Docket No. ER03–1221–000] states that the purpose the filing is to and Coral Canada U.S. Inc. (Coral Take notice that on August 18, 2003, submit a tariff provision already Canada), filed with the Federal Energy the California Independent System accepted by the Commission for Regulatory Commission their Operator Corporation (ISO), tendered for incorporation in Texas Gas’s Second consolidated three-year updated market filing a revision to the ISO Tariff, Revised Volume No. 1. power analysis. Coral Power, Coral EM Amendment No. 56 for acceptance by Any person desiring to protest said and Coral Canada state that they are the Commission. The ISO states that the filing should file a protest with the power marketers and brokers with their purpose of the amendment is to modify Federal Energy Regulatory Commission, principal place of business in Houston, Tariff provisions regarding Dispatching 888 First Street, NE., Washington, DC Texas and do not directly own or and Scheduling Reliability Must-Run 20426, in accordance with § 385.211 of control generation or transmission Energy to reflect the demise of the the Commission’s Rules and assets. California Power Exchange. Regulations. All such protests must be Comment Date: September 8, 2003. The ISO states that this filing has been filed on or before the protest date as served on the Public Utilities 2. Galt Power, Inc. shown below. Protests will be Commission of California, the California considered by the Commission in [Docket No. ER03–1001–001] Energy Commission, the California determining the appropriate action to be Take notice that on August 12, 2003, Electricity Oversight Board, the taken, but will not serve to make Galt Power, Inc. (Galt Power) submitted Participating TOs, Trans-Elect, and all protestants parties to the proceedings. an amended petition to the Commission parties with effective Scheduling This filing is available for review at the for acceptance of Galt Power Rate Coordinator Agreements under the ISO Commission in the Public Reference Schedule FERC No. 1; the granting of Tariff. The ISO is requesting the Room or may be viewed on the certain blanket approvals, including the amendment to be made effective in sixty Commission’s Web site at http:// authority to sell electricity at market- days. www.ferc.gov using the ‘‘eLibrary’’ based rates; and the waiver of certain Comment Date: September 8, 2003. (FERRIS) link. Enter the docket number Commission regulations. 6. California Independent System excluding the last three digits in the Galt Power states that it intends to Operator Corporation docket number field to access the engage in wholesale electric power and document. Comments, protests and energy purchases and sales as a [Docket No. ER03–1222–000] interventions may be filed electronically marketer. Galt Power also states that it Take notice that on August 18, 2003, via the Internet in lieu of paper. For is not in the business of generating or the California Independent System assistance, please contact FERC Online transmitting electric power. Operator Corporation (ISO), tendered for Support at Comment Date: September 3, 2003. filing a revision to the ISO Tariff, [email protected] or toll- 3. Tex Par Energy, Inc. Amendment No. 57, for acceptance by free at (866) 208–3676, or TTY, contact the Commission. The ISO states that this (202) 502–8659. The Commission [Docket No. ER03–1219–000] filing is an addendum to Amendment strongly encourages electronic filings. Take notice that on August 15, 2003, No. 49 and that this filing should See 18 CFR 385.2001(a)(1)(iii) and the TexPar Energy, Inc. tendered for filing a complete resolution of revenue VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52192 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices disbursement to a New Participating document. For assistance, please contact Comment Date: September 15, 2003. Transmission Owner that does not serve FERC Online Support at 3. Entergy Services, Inc. End-Use Customers. [email protected] or toll- The ISO states that this filing has been free at (866)208–3676, or for TTY, Generator Coalition (Consolidated) v. served on the Public Utilities contact (202)502–8659. Protests and Entergy Services, Inc. Commission of California, the California interventions may be filed electronically [Docket No. EL02–46–003 and ER01–2201– Energy Commission, the California via the Internet in lieu of paper; see 18 004] Electricity Oversight Board, the CFR 385.2001(a)(1)(iii) and the Take notice that on August 14, 2003, Participating TOs, Trans-Elect, and all instructions on the Commission’s Web Entergy Services, Inc, (Entergy) filed a parties with effective Scheduling site under the ‘‘e-Filing’’ link. The refund report in the above-referenced Coordinator Agreements under the ISO Commission strongly encourages dockets relating to Entergy’s Generator Tariff. The ISO is requesting the electronic filings. Imbalance Agreement. A copy of the amendment to be made effective in sixty days. Linda Mitry, refund report has been served on all Comment Date: September 8, 2003. Acting Secretary. parties to the service lists in the above- [FR Doc. 03–22217 Filed 8–29–03; 8:45 am] referenced proceedings and the state 7. Montana Mid-Merit Power, LLC, commissions in the Entergy region. BILLING CODE 6717–01–P NorthWestern Energy Division of Comment Date: September 4, 2003. NorthWestern Energy Corp. 4. MDU Resources Group, Inc. [Docket No. ER03–1223–000] DEPARTMENT OF ENERGY Take notice that on August 18, 2003, [Docket No. ES03–52–000] Montana Megawatts I, LLC (MMI) and Federal Energy Regulatory Take notice that on August 19, 2003, NorthWestern Energy Division of Commission MDU Resources Group, Inc. submitted an application pursuant to Section 204 NorthWestern Corporation (NWE), [Docket Nos. EC03–126–000, et al.] tendered for filing a power purchase of the Federal Power Act seeking agreement, as amended, under which Global Common Greenport, LLC, et al.; authorization to issue additional shares MMI states it will sell capacity and Electric Rate and Corporate Filings of common stock in connection with a energy at cost-based rates to NWE three-for-two stock split of common pursuant to Section 205 of the Federal August 22, 2003. stock, to be effected in the form of a Power Act. The following filings have been made fifty-percent stock dividend. Comment Date: September 8, 2003. with the Commission. The filings are Comment Date: September 12, 2003. listed in ascending order within each 8. Philadelphia Gas Works docket classification. Standard Paragraph Any person desiring to intervene or to [Docket No. ER03–1225–000] 1. Global Common Greenport, LLC Take notice that on August 18, 2003, protest this filing should file with the Philadelphia Gas Works tendered for [Docket No. EC03–126–000] Federal Energy Regulatory Commission, filing a Notice of Cancellation, pursuant Take notice that on August 18, 2003, 888 First Street, NE., Washington, DC to 18 CFR 35.15, giving notice of Global Common Greenport LLC (GCG or 20426, in accordance with Rules 211 cancellation of its market-based electric the Applicant) filed with the Federal and 214 of the Commission’s Rules of tariff filed with the Commission. Energy Regulatory Commission (the Practice and Procedure (18 CFR 385.211 Comment Date: September 8, 2003. Commission) an application pursuant to and 385.214). Protests will be Section 203 of the Federal Power Act considered by the Commission in Standard Paragraph seeking authorization to dispose of its determining the appropriate action to be Any person desiring to intervene or to jurisdictional assets. Specifically, as taken, but will not serve to make protest this filing should file with the part of a corporate reorganization, GCG’s protestants parties to the proceeding. Federal Energy Regulatory Commission, member interests will be transferred to Any person wishing to become a party 888 First Street, NE., Washington, DC its corporate affiliates WJH Holding, must file a motion to intervene. All such 20426, in accordance with Rules 211 LLC and William J. Haugland. GCG is a motions or protests should be filed on and 214 of the Commission’s Rules of Commission-authorized power or before the comment date, and, to the Practice and Procedure (18 CFR 385.211 marketer. extent applicable, must be served on the and 385.214). Protests will be Comment Date: September 8, 2003. applicant and on any other person considered by the Commission in designated on the official service list. 2. Southern California Edison Company determining the appropriate action to be This filing is available for review at the taken, but will not serve to make [Docket No. EL02–126–001] Commission or may be viewed on the protestants parties to the proceeding. Take notice that on August 14, 2003, Commission’s Web site at http:// Any person wishing to become a party Southern California Edison Company www.ferc.gov, using the eLibrary must file a motion to intervene. All such (Edison) tendered for filing with the (FERRIS) link. Enter the docket number motions or protests should be filed on Federal Energy Regulatory Commission excluding the last three digits in the or before the comment date, and, to the (Commission) a compliance filing docket number field to access the extent applicable, must be served on the pursuant to the Commission’s July 16, document. For assistance, please contact applicant and on any other person 2003 Order Directing the Submission of FERC Online Support at designated on the official service list. Additional Information. Edison states [email protected] or toll- This filing is available for review at the that it is unable to supply the free at (866)208–3676, or for TTY, Commission or may be viewed on the Commission with all of the requested contact (202)502–8659. Protests and Commission’s Web site at http:// information at this time. interventions may be filed electronically www.ferc.gov , using the eLibrary Edison states that copies of this filing via the Internet in lieu of paper; see 18 (FERRIS) link. Enter the docket number were served upon the parties listed on CFR 385.2001(a)(1)(iii) and the excluding the last three digits in the the service list in Docket No. EL02–126– instructions on the Commission’s Web docket number field to access the 000. site under the ‘‘e-Filing’’ link. The VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52193 Commission strongly encourages 3001 Broadway Street NE., Suite 695, Revised Rate Schedule FERC No.264, electronic filings. Minneapolis, MN 55413, filed with the Electric Transmission and Service Federal Energy Regulatory Commission Contract between Westar and Kansas Linda Mitry, (the Commission) an application for Electric Power Cooperative, Inc. Acting Secretary. determination of exempt wholesale (KEPCo) and revised sheets for Original [FR Doc. 03–22215 Filed 8–29–03; 8:45 am] generator status pursuant to part 365 of Rate Schedule FERC No.183, Electric BILLING CODE 6717–01–P the Commission’s regulations. Power Transmission and Service Applicant states that it is a Minnesota Contract between Westar’s wholly limited liability company engaged owned subsidiary, Kansas Gas and DEPARTMENT OF ENERGY directly and exclusively in the business Electric Company, Inc. and KEPCo. Federal Energy Regulatory of owning and operating an Westar states that these revised sheets Commission approximately 80 MW wind-powered remove points of delivery and add generation facility located in Eastern points of interconnection between [Docket No. EG01–127–000, et al.] Wisconsin. Applicant also states that Westar and KEPCo to accommodate the the electric energy produced by the transaction between Westar and PPL Martins Creek, LLC, et al.; Electric facility will be sold exclusively at Midwest Energy, Inc. (Midwest) under Rate and Corporate Filings wholesale. which Midwest will acquire certain August 15, 2003. Comment Date: September 5, 2003. transmission and distribution assets from Westar. Additionally, Westar states The following filings have been made 4. NRG Energy Center Dover LLC, NEO that the revised sheets permit KEPCo to with the Commission. The filings are Freehold ‘‘Gen LLC, NEO Chester-Gen apply to the Southwest Power Pool listed in ascending order within each LLC docket classification. (SPP) to convert existing transmission [Docket No. ER00–3160–001] service to regional network service 1. PPL Martins Creek, LLC Take notice that on August 12, 2003, under SPP’s open access transmission [Docket No. EG01–127–000] NRG Energy Center Dover, NEO tariff. Take notice that on August 8, 2003, Freehold-Gen LLC and NEO Chester- Westar states that a copy of this filing PPL Martins Creek, LLC (PPL Martins Gen LLC tendered for filing their was served upon the Kansas Creek) tendered for filing an Amended triennial review in compliance with the Corporation Commission and KEPCo. Application for Redetermination of Commission’s Order issued August 9, Comment Date: August 29, 2003. Status as an Exempt Wholesale 200, in NRG Energy Center Dover LLC, Docket No. ER00–3160–000. 7. Metropolitan Chicago Healthcare Generator. Council PPL Martins Creek states it has served Comment Date: September 3, 2003. copies of its Application on the parties 5. Sithe Energy Marketing L.P., Sithe/ [Docket No. ER03–1185–000] listed on the Commission=s official Independence Power Partners, L.P., Take notice that on August 11, 2003, service list for this proceeding and on AG–Energy, L.P., Power City Partners, Metropolitan Chicago Healthcare the Pennsylvania Public Utility L.P., Seneca Power Partners, L.P., Council tendered for filing a Notice of Commission and the Securities and Sterling, Power Partners, L.P. Cancellation for Market-based Rate Exchange Commission. Authority in Docket No. 99–3705–000 Comment Date: September 5, 2003. [Docket Nos. ER02–2202–002, ER03–42–003, dated July 22, 1999. ER98–2782–004] Comment Date: September 2, 2003. 2. Green Field Wind Farm, L.L.C. Take notice that on August 11, 2003, [Docket No. EG03–90–000] Sithe Energy Marketing, L.P., AG- 8. Power Access Management Take notice that on August 12, 2003, Energy, L.P., Power City Partners, L.P., [Docket No. ER03–1186–000] Green Field Wind Farm, L.L.C. (the Seneca Power Partners, L.P., Sterling Take notice that on August 11, 2003, Applicant), with its principal office at Power partners, L.P., and Sithe/ Power Access Management tendered for 3001 Broadway Street, NE., Suit 695, Independence Power Partners, L.P. filing a Notice of Cancellation for Minneapolis, MN 55413, filed with the (collectively, the Sithe Entities), Market-based Rate Tariff in Docket No. Federal Energy Regulatory Commission tendered for filing a notice of change in ER97–1084–000 dated January 2, 1997. (the Commission) an application for status pursuant to section 205 of the Access Management states that the determination of exempt wholesale Federal Power Act with respect to each company is no longer in business and generator status pursuant to part 365 of entity’s authority to engage in wholesale has not entered into any contracts to sell the Commission’s regulations. sales of capacity, energy and ancillary Applicant states that it is a Minnesota services at market-based rates. The Sithe power. limited liability company engaged Entities state that the change in status Comment Date: September 2, 2003. directly and exclusively in the business involves the indirect transfer of indirect 9. Midwest Generation, LLC of owning and operating an ownership interests in the Sithe Entities approximately 80 MW wind-powered from Apollo Energy LLC and [Docket No. ER03–1187–000] generation facility located in Eastern subsidiaries of Marubeni Corporation to Take notice that on August 11, 2003, Wisconsin. Applicant further states that RCSE, LLC (RCSE), so that Sithe is Midwest Generation, LLC (Midwest) electric energy produced by the facility owned equally by Exelon SHC, Inc., and tendered for filing Midwest’s FERC will be sold exclusively at wholesale. RCSE Electric Tariff, Original Volume No. 2. Comment Date: September 5, 2003. Comment Date: September 2, 2003. Midwest states that this is a rate schedule designating compensation to 6. Westar Energy, Inc. 3. Blue Sky Wind Farm, LLC be paid by Commonwealth Edison [Docket No. EG03–91–000] [Docket No. ER03–1183–000] Company for black start service Take notice that on August 11, 2003, Take notice that on August 8, 2003, provided from certain designated Blue Sky Wind Farm, LLC (the Westar Energy, Inc. (Westar) submitted Midwest generating facilities. Applicant), with its principal office at for filing revised sheets for Second Comment Date: September 2, 2003. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52194 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 10. NorthWestern Energy which is an electric power wheeling 17. NorthWestern Energy [Docket No.ER03–1188–000] agreement between NorthWestern and [Docket No. ER03–1195–000] the State of South Dakota on behalf of Take notice that on August 11, 2003, Take notice that on August 11, 2003, Southern State College, Springfield, NorthWestern Energy, a division of NorthWestern Energy, a division of South Dakota. The service originally NorthWestern Corporation NorthWestern Corporation provided under FERC Electric Rate (NorthWestern), tendered for filing a (NorthWestern), tendered for filing a Schedule No. 27 is now being provided Notice of Cancellation pursuant to 18 Notice of Cancellation pursuant to 18 under NorthWestern’s Service CFR 35.15, to reflect cancellation of CFR 35.15, to reflect cancellation of the Agreement No. 14, which was executed FERC Electric Rate Schedule No. 17, Non-Firm Point to Point Transmission pursuant to NorthWestern’s Open which is the Upper Mississippi Valley Service Agreement between Access Transmission Tariff and Power Pool Agreement which was NorthWestern and Tenaska Power accepted by the Commission on June 4, superseded by the Mid-Continent Area Services Company The non-firm 2001. Power Pool Agreement (NorthWestern’s transmission service agreement is a Rate Schedule 29) in 1972. Comment Date: September 2, 2003. conforming agreement under Comment Date: September 2, 2003. 14. NorthWestern Energy NorthWestern’s Open Access 11. NorthWestern Energy Transmission Tariff. The agreement was [Docket No. ER03–1192–000] executed November 25, 1997; however, [Docket No. ER03–1189–000] Take notice that on August 11, 2003, NorthWestern has never provided any Take notice that on August 11, 2003, NorthWestern Energy, a division of service pursuant to that agreement. NorthWestern Energy, a division of NorthWestern Corporation Comment Date: September 2, 2003. NorthWestern Corporation (NorthWestern), tendered for filing a 18. Georgia Power Company (NorthWestern), tendered for filing a Notice of Cancellation pursuant to 18 Notice of Cancellation pursuant to CFR 35.15, to reflect cancellation of [Docket No. ER03–1197–000] 18.CFR 35.15, to reflect cancellation of FERC Electric Rate Schedule No. 28, Take notice that on August 12, 2003, FERC Electric Rate Schedule No. 25, which is an electric power wheeling Southern Company Services, Inc., on which is an electric power wheeling agreement between NorthWestern and behalf of Georgia Power Company, filed agreement between NorthWestern and the City of Groton, South Dakota. The revisions to the Interchange Contract Rushmore Gas & Transmission service originally provided under FERC dated July 1, 1980 between Georgia Company that was superseded by Electric Rate Schedule No. 28 is now Power Company and Crisp County NorthWestern’s FERC Electric Rate being provided under NorthWestern’s Power Commission (Georgia Power Schedule No. 33. Service Agreement No. 11, which was Company’s First Revised Rate Schedule Comment Date: September 2, 2003. executed pursuant to NorthWestern’s FERC No. 803). Southern Company 12. NorthWestern Energy Open Access Transmission Tariff and Services, Inc., states that this revision is accepted by the Commission on June 4, made pursuant to a bilateral amendment [Docket No. ER03–1190–000] 2001. to the Interchange Contract. Southern Take notice that on August 11, 2003, Comment Date: September 2, 2003. Company Services, Inc. requests that the NorthWestern Energy, a division of revisions to the Interchange Contract be NorthWestern Corporation 15. NorthWestern Energy given an effective date of August 12, (NorthWestern), tendered for filing a [Docket No. ER03–1193–000] 2003. Notice of Cancellation pursuant to 18 Take notice that on August 11, 2003, Comment Date: September 3, 2002. CFR 35.15, to reflect cancellation of NorthWestern Energy, a division of 19. Southern Company Services, Inc. FERC Electric Rate Schedule No. 26, NorthWestern Corporation [Docket No. ER03–1198–000] which is an electric power wheeling (NorthWestern), tendered for filing a agreement between NorthWestern and Notice of Cancellation pursuant to 18 Take notice that on August 12, 2003, the State of South Dakota on behalf of CFR 35.15, to reflect cancellation of Southern Company Services, Inc. (SCS), Southern State College, Springfield, FERC Electric Rate Schedule No.32, acting on behalf of Alabama Power South Dakota and Northern State which is a firm power sales agreement Company, Georgia Power Company, College, Aberdeen, South Dakota. for the winter seasons 1990 through Gulf Power Company, Mississippi NorthWest states that the service 1993 between NorthWestern and Power Company, and Savannah Electric originally provided under FERC Electric Minnesota Power & Light that expired and Power Company (collectively Rate Schedule No. 26 is now being by its terms on April 30, 1993. Southern Companies), filed a Notice of provided under NorthWestern’s Service Cancellation of Service Schedule A of Agreement No. 15, which was executed Comment Date: September 2, 2003. the Interchange Contract dated February pursuant to NorthWestern’s Open 16. NorthWestern Energy 27, 1981 between Jacksonville Electric Access Transmission Tariff and Authority and Southern Companies. [Docket No. ER03–1194–000] accepted by the Commission on June 4, This Interchange contract is (Southern 2001. Take notice that on August 11, 2003, Operating Companies’ First Revised Comment Date: September 2, 2003. NorthWestern Energy, division of Rate Schedule FERC No. 53). SCS states NorthWestern Corporation 13. NorthWestern Energy that this cancellation was made (NorthWestern), tendered for filing a pursuant to a bilateral amendment to [Docket No. ER03–1191–000] Notice of Cancellation pursuant to 18 the Interchange Contract. Take notice that on August 11, 2003, CFR 35.15, to reflect cancellation of Comment Date: September 3, 2003. NorthWestern Energy, a division of FERC Electric Rate Schedule No. 35, 20. Southern Company Services, Inc. NorthWestern Corporation which is an interconnection agreement (NorthWestern), tendered for filing a between NorthWestern and Western [Docket No. ER03–1199–000] Notice of Cancellation pursuant to 18 Area Power Administration that expired Take notice that on August 12, 2003, CFR 35.15, to reflect cancellation of by its terms on December 31, 2000. Southern Company Services, Inc. (SCS), FERC Electric Rate Schedule No. 27, Comment Date: September 2, 2003. acting on behalf of Alabama Power VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52195 Company, Georgia Power Company, Ohio Power Company and Columbus and DTE Energy Trading’s re-sales of Gulf Power Company, Mississippi and Southern Power Company (now electric capacity and energy from the Power Company, and Savannah Electric Columbus Southern), FirstEnergy electric generating facilities owned and and Power Company (collectively Service Corporation on behalf of The operated by DTE East China. Southern Companies), filed a Notice of Toledo Edison Company, The Comment Date: September 3, 2003. Cancellation of Service Schedule A of Cincinnati Gas & Electric Company and the Restated Interchange Contract dated The Dayton Power and Light Company. Standard Paragraph June 30, 1991, between Cajun Electric Comment Date: September 3, 2003. Power Cooperative, Inc. and Southern Any person desiring to intervene or to 23. NEPA Energy LP Companies. This Interchange Contact is protest this filing should file with the (Southern Operating Companies’ First [Docket No. ER03–1203–000] Federal Energy Regulatory Commission, Revised Rate Schedule FERC No. 76. Take notice that on August 12, 2003, 888 First Street, NE., Washington, DC SCS states that this cancellation was NEPA Energy LP (NEPA) tendered for 20426, in accordance with Rules 211 made pursuant to a bilateral amendment filing a Notice of Cancellation of its and 214 of the Commission’s Rules of to the Interchange Contract. FERC Electric Tariff, Original Volume Practice and Procedure (18 CFR 385.211 Comment Date: September 3, 2003. No. 1 pursuant to Section 35.15 of the and 385.214). Protests will be considered by the Commission in 21. Southern Company Services, Inc. Federal Energy Regulatory Commission=s (Commission) determining the appropriate action to be [Docket No.ER03–1200–000] regulations, 18 CFR 35.15. FERC Electric taken, but will not serve to make Take notice that on August 12, 2003, Tariff, Original Volume No. 1 was filed protestants parties to the proceeding. Southern Company Services, Inc. (SCS), with the Commission in Docket No. Any person wishing to become a party acting on behalf of Alabama Power ER00–2316–000 on June 13, 2000. must file a motion to intervene. All such Company, Georgia Power Company, NEPA requests an effective date of motions or protests should be filed on Gulf Power Company, Mississippi August 1, 2003 for the cancellation. or before the comment date, and, to the Power Company, and Savannah Electric NEPA states it has no customers under extent applicable, must be served on the and Power Company (collectively this tariff. applicant and on any other person Southern Companies), filed an Comment Date: September 3, 2003. designated on the official service list. amendment to the Interchange Contract This filing is available for review at the 24. Virginia Electric and Power dated August 7, 1981 between South Commission or may be viewed on the Company Carolina Public Service Authority and Commission’s Web site at http:// Southern Companies. This Interchange [Docket No. ER03–1204–000] www.ferc.gov, using the eLibrary Contract is Southern Operating Take notice that on August 12, 2003, (FERRIS) link. Enter the docket number Companies’ First Revised Rate Schedule Virginia Electric and Power Company excluding the last three digits in the FERC No. 51. SCS states that this (Dominion Virginia Power) tendered for docket number field to access the revision is made pursuant to a bilateral filing an executed Generator document. For assistance, please contact amendment to the Interchange Contract. Interconnection and Operating FERC Online Support at Southern Companies request that the Agreement (Interconnection Agreement) [email protected] or toll- revisions to the Interchange Contract be between Dominion Virginia Power and free at (866)208–3676, or for TTY, effective on July 30, 2003. Fauquier Landfill Gas, L.L.C. (Fauquier). contact (202)502–8659. Protests and Comment Date: September 3, 2003. Dominion Virginia Power states that the interventions may be filed electronically via the Internet in lieu of paper; see 18 22. Monongahela Power Company Interconnection Agreement sets forth the terms and conditions governing the CFR 385.2001(a)(1)(iii) and the [Docket No. ER03–1201–000] interconnection between Fauquier’s instructions on the Commission’s Web Take notice that on August 12, 2003, generating facility, located in Fauquier site under the ‘‘e-Filing’’ link. The Monongahela Power Company County, Virginia, and Dominion Commission strongly encourages (Monongahela), tendered for filing Virginia Power’s transmission system. electronic filings. pursuant to Commission’s regulations Dominion Virginia Power requests Magalie R. Salas, 18 CFR 35.15, a Notice of Cancellation that the Commission accept this filing to of Monongahela’s Rate Schedule FERC make the Interconnection Agreement Secretary. No. 28, consisting of a Power Delivery effective on August 13, 2003, the day [FR Doc. 03–22351 Filed 8–29–03; 8:45 am] Agreement (Agreement) dated January 1, after the filing. Dominion Virginia BILLING CODE 6717–01–P 1968 among Monongahela, Buckeye Power states that copies of the filing Power Inc., The Cincinnati Gas & were served upon Fauquier and the Electric Company, Columbus and Virginia State Corporation Commission. DEPARTMENT OF ENERGY Southern Ohio Electric Company, The Comment Date: September 3, 2003. Dayton Power and Light Company, Ohio Federal Energy Regulatory 25. DTE East China, LLC Power Company and The Toledo Edison Commission Company. Monongahela states that the [Docket No. ER03–1206–000] DTE Energy Agreement terminated by its own terms Trading, Inc. [Docket No. AC03–70–000, et al.] effective June 20, 2003, and Take notice that on August 12, 2003, Monongahela request an effective date DTE East China, LLC (DTE East China) PSEG Fossil LLC, et al.; Electric Rate of June 20, 2003 for the cancellation and and DTE Energy Trading, Inc. (DTE and Corporate Filings waiver of the Commission’s regulations. Energy Trading) submitted for filing, Monongahela states that a copy of this pursuant to Section 205 of the Federal August 18, 2003. filing has been served on Buckeye Power Act, and part 35 of the The following filings have been made Power Inc., the Public Utilities Commission’s regulations, a revision to with the Commission. The filings are Commission of Ohio, American Electric the cost-based ceiling applicable, listed in ascending order within each Power Service Corporation on behalf of respectively, to DTE East China’s sales docket classification. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52196 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 1. PSEG Fossil LLC, PSEG Nuclear LLC 4. St. Paul Cogeneration, LLC 205 of the Federal Power Act (16 U.S.C. 824d) and part 35 of the Commission’s [Docket No. AC03–70–000] [Docket No. EG03–94–000] Rules of Practice and Procedure, a Take notice that on August 14, 2003, Take notice that on August 8, 2003, revised rate schedule for reactive power St. Paul Cogeneration, LLC (Applicant), PSEG Fossil LLC (PSEG Fossil) and to be provided to the PJM filed with the Federal Energy Regulatory PSEG Nuclear LLC (PSEG Nuclear) Interconnection, LLC transmission grid. Commission (Commission) an submitted a filing seeking to comply Liberty requests an effective date of application for determination of exempt with Commission’s Order No. 631, 103 September 1, 2003. wholesale generator status pursuant to FERC ¶ 61,021. PSEG Fossil and PSEG Comment Date: September 3, 2003. Nuclear state that, as required by Order part 365 of the Commission’s No. 631, on January 1, 2003, the regulations. Standard Paragraph Applicant states that it is a Minnesota difference between the liabilities on the limited liability company engaged Any person desiring to intervene or to books and the Asset Retirement directly and exclusively in the business protest this filing should file with the Obligations (ARO) has been debited or of owning and operating an up to 35 Federal Energy Regulatory Commission, credited to net income, as appropriate, MW biomass-fired cogeneration facility 888 First Street, NE., Washington, DC since no amounts are to be refunded to located in St. Paul, Minnesota. 20426, in accordance with Rules 211 customers. Applicant also states that electric energy and 214 of the Commission’s Rules of Comment Date: August 28, 2003. produced by the facility will be sold Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be 2. Portland General Electric Company exclusively at wholesale. Comment Date: September 8, 2003. considered by the Commission in [Docket No. AC03–71–000] determining the appropriate action to be 5. Minnesota Power taken, but will not serve to make Take notice that on August 7, 2003, [Docket No. ER03–831–001] protestants parties to the proceeding. Portland General Electric Company Take notice that on August 14, 2003, Any person wishing to become a party (PGE) submitted a filing in compliance must file a motion to intervene. All such with Commission’s Order No. 631, 103 Minnesota Power tendered for filing in compliance with Commission Order No. motions or protests should be filed on FERC 61,021. PGE states that, as or before the comment date, and, to the required by Order No. 631, on January 614, a Second Revised Rate Schedule FERC No. 125 for the Public Utilities extent applicable, must be served on the 1, 2003, PGE has recorded a cumulative applicant and on any other person effect of an accounting charge on net Commission of Brainerd, Minnesota (Brainerd). Minnesota Power requests an designated on the official service list. income for an Asset Retirement This filing is available for review at the Obligation associated with the effective date of February 28, 2003. Comment Date: September 4, 2003. Commission or may be viewed on the Boardman Coal Plant. PGE requests that Commission’s Web site at http:// the Commission grant waiver of the 6. New York State Electric & Gas www.ferc.gov, using the eLibrary requirement that such compliance filing Corporation (FERRIS) link. Enter the docket number be made within 60 days of the effective Docket No. ER03–927–001] excluding the last three digits in the date of the final rule and grant any other Take notice that August 14, 2003, docket number field to access the waivers as necessary to accept the document. For assistance, please contact compliance filing. New York State Electric & Gas Corporation (NYSEG) tendered for filing FERC Online Support at Comment Date: August 27, 2003. pursuant to FERC’s July 31, 2003 [email protected] or toll- free at (866)208–3676, or for TTY, 3. Blue Spruce Energy Center, LLC acceptance letter, Docket No. ER03– 927–000, paginated tariff sheets to the contact (202)502–8659. Protests and [Docket No. EG03–93–000] Service Agreements For Network interventions may be filed electronically Integrated Transmission Service via the Internet in lieu of paper; see 18 Take notice that on August 14, 2003, CFR 385.2001(a)(1)(iii) and the Blue Spruce Energy Center, LLC (Blue consistent with Order No. 614, FERC 31,096. instructions on the Commission’s Web Spruce), c/o/ Calpine Corporation, filed site under the ‘‘e-Filing’’ link. The with the Federal Energy Regulatory NYSEG states it has served copies of the paginated tariff sheets to the Commission strongly encourages Commission (Commission) an electronic filings. application for determination of exempt customers under the Service wholesale generator status pursuant to Agreements For Network Integrated Magalie R. Salas, part 365 of the Commission’s Transmission Service and the New York Secretary. regulations. State Public Service Commission. [FR Doc. 03–22349 Filed 8–29–03; 8:45 am] Comment Date: September 4, 2003. Blue Spruce owns and operates a BILLING CODE 6717–01–P nominal 336 MW generation facility 7. Texxon Utilities, Ltd. Co. located in Aurora, Colorado and [Docket No. ER03–1150–001] DEPARTMENT OF ENERGY previously obtained an exempt Take notice that on August 14, 2003, wholesale generator determination. Blue Texxon Utilities, Ltd. Co., tendered for Federal Energy Regulatory Spruce states that it is seeking a new filing a revised Rate Schedule No. 1 Commission determination that it will remain an amending their petition filed July 29, exempt wholesale generator 2003 in Docket No. ER03–1150–000. [Docket No. EC03–122–000, et al.] notwithstanding a material change in Comment Date:September 4, 2003. facts. Blue Spruce further states that Sithe Energies, Inc., et al., Electric Rate copies of the application were served 8. Liberty Electric Power LLC and Corporate Filings upon the United States Securities and [Docket No. ER03–1209–000] Exchange Commission and Colorado Take notice that on August 13, 2003, August 19, 2003. Public Utilities Commission. Liberty Electric Power, LLC (Liberty) The following filings have been made Comment Date: September 8, 2003. tendered for filing, pursuant to Section with the Commission. The filings are VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52197 listed in ascending order within each outstanding shares of 50 Belver Avenue indirect interests in a 35 megawatt docket classification. Associates Corporation and QPC electric generation facility located in St. Corporation, the sole general and Paul, Minnesota. Applicants state that 1. Sithe Energies, Inc., Apollo Energy limited partners, respectively, of the transaction will have no adverse LLC, Exelon (Fossil) Holdings, Inc., Quonset, a public utility subject to the effect on competition, rates or Exelon Power Holdings, LP, Exelon Commission’s jurisdiction under the regulation. SHC, Inc., ExRes SHC, Inc. Marubeni FPA. The applicants state that the Comment Date: September 4, 2003. Corporation, National Energy proposed transaction will result in DG Development Inc. and RCSE, LLC. Standard Paragraph Kingston indirectly acquiring control [Docket No. EC03–122–000] over Quonset’s 7.5 MW gas-fired electric Any person desiring to intervene or to Take notice that on August 11, 2003, generating facility in Washington protest this filing should file with the Sithe Energies, Inc. (Sithe), Apollo County, Rhode Island, as well as Federal Energy Regulatory Commission, Energy LLC (Apollo Energy), Exelon associated jurisdictional facilities, a 888 First Street, NE., Washington, DC (Fossil) Holdings, Inc. (Exelon Fossil), wholesale power purchase agreement 20426, in accordance with Rules 211 Exelon Power Holdings, LP (Exelon and Quonset’s market-based rate and 214 of the Commission’s Rules of Power), Exelon SHC, Inc. (Exelon SHC), schedule on file with the Commission. Practice and Procedure (18 CFR 385.211 ExRes SHC, Inc., (ExRes SHC), DG Kingston states this is a new and 385.214). Protests will be Marubeni Corporation (Marubeni), market entrant in New England that considered by the Commission in National Energy Development Inc. does not currently own or control determining the appropriate action to be (NEDI) and RCSE, LLC (RCSE and generation or inputs to electric taken, but will not serve to make collectively, the Applicants) filed with generation in the New England markets. protestants parties to the proceeding. the Federal Energy Regulatory The Applicants, therefore, request that Any person wishing to become a party Commission an application pursuant to Commission proceed in an expedited must file a motion to intervene. All such section 203 of the Federal Power Act for manner and issue an order granting this motions or protests should be filed on authorization of a disposition of application by September 15, 2003 in or before the comment date, and, to the jurisdictional facilities. The Applicants order to facilitate closing of this extent applicable, must be served on the state that the disposition will occur transaction by September 20, 2003. applicant and on any other person through a three-step Transaction Comment Date: September 4, 2003. designated on the official service list. This filing is available for review at the whereby Apollo, Marubeni and Exelon 3. Tenaska Virginia Partners, L.P. Power will effectively transfer all of Commission or may be viewed on the their interests in Sithe to Exelon SHC, [Docket No. EC03–124–000] Commission’s Web site at http:// which in turn, will contribute its Take notice that on August 14, 2003, www.ferc.gov, using the eLibrary interest in Sithe to ExRes SHC. The Tenaska Virginia Partners, L.P., 1044 (FERRIS) link. Enter the docket number Applicants further state that in the final North 115th Street, Suite 400, Omaha, excluding the last three digits in the step of the transaction, RCSE will Nebraska 68154 (Tenaska Virginia), docket number field to access the purchase a fifty percent interest in tendered for filing with the Federal document. For assistance, please contact ExRes SHC, making Sithe an indirect Energy Regulatory Commission FERC Online Support at subsidiary equally owned by Exelon (Commission) pursuant to Section 203 [email protected] or toll- SHC and RCSE. Sithe states it is engaged of the Federal Power Act and part 33 of free at (866)208–3676, or for TTY, primarily, through various subsidiaries, the Commission’s regulations, an contact (202)502–8659. Protests and in the development and operation of Application for authorization to effect interventions may be filed electronically non-utility generation facilities. the transfer of a 30% indirect beneficial via the Internet in lieu of paper; see 18 Applicants state that the transaction interest in Tenaska Virginia’s Fluvanna CFR 385.2001(a)(1)(iii) and the will have no adverse effect on County, Virginia electric generating instructions on the Commission’s Web competition, rates or regulation. project and the accompanying site under the ‘‘e-Filing’’ link. The Comment Date: September 2, 2003. jurisdictional assets to affiliates of Commission strongly encourages Harbert Power Corporation and The electronic filings. 2. PSEG Energy Holdings L.L.C., PSEG Northwestern Mutual Life Insurance Energy Technologies Inc., Quonset Magalie R. Salas, Company. Point Cogen, L.P., DG Kingston LLC. Secretary. Tenaska Viginia states that a copy of [FR Doc. 03–22350 Filed 8–29–03; 8:45 am] [Docket No. EC03–123–000] the filing was served on the Virginia BILLING CODE 6717–01–P Take notice that on August 14, 2003, State Corporation Commission. pursuant to Section 203 of the Federal Comment Date: September 4, 2003. Power Act (FPA), 16 U.S.C. 824b (2000), 4. Cinergy Solutions Holding Company, DEPARTMENT OF ENERGY and part 33 of the regulations of the Inc. Trigen Solutions, Inc. Federal Energy Regulatory Commission Federal Energy Regulatory (Commission), 18 CFR part 33, Quonset [Docket No. EC03–125–000] Commission Point Cogen, L.P. (Quonset), and DG Take notice that on August 14, 2003, [Project No. 1273–009] Kingston LLC (DG Kingston or Buyer) Cinergy Solutions Holding Company, (collectively, the Applicants) Inc. (Cinergy Solutions) and Trigen Parowan City Utah; Notice of respectfully request Commission Solutions, Inc. (Trigen, and collectively, Availability of Draft Environmental approval to permit PSEG Energy Applicants) filed with the Federal Assessment Holdings L.L.C. (PSEG Holdings) to sell Energy Regulatory Commission and Buyer to acquire 100 percent of the (Commission) an application pursuant August 26, 2003. shares of PSEG Holdings’ wholly-owned to Section 203 of the Federal Power Act In accordance with the National subsidiary PSEG Energy Technologist for authorization of a disposition of Environmental Policy Act of 1969 and Inc (PSEG ET). PSEG ET states that it jurisdictional facilities whereby Trigen the Federal Energy Regulatory currently owns 100 percent of the will transfer to Cinergy Solutions its Commission’s (Commission) VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52198 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices regulations, 18 CFR part 380 (Order No. II. Purpose of Action and Need for Power (4) cultural resources. There are no 486, 52 FR 47897), the Office of Energy A. Purpose of Action major issues with this project. Projects has reviewed the application B. Need for Power Parowan City’s proposal to relicense for license for the Center Creek A. Parowan’s Proposal the project includes the environmental 1. Project Facilities and Operation Hydroelectric Project located on Center 2. Proposed Environmental Measures measure to monitor and remove any Creek, in Iron County, Utah, and has B. Staff’s Preferred Alternative noxious and undesirable plants after prepared a draft Environmental C. No-Action Alternative any ground-disturbing activities. Assessment (EA) for the project. The D. Alternatives Considered But Eliminated Parowan City does not propose any project occupies 21.43 acres of United From Detailed Study changes to the project’s facilities or States lands administered by the Bureau IV. Consultation and Compliance operations. of Land Management. A. Agency Consultation In this draft environmental The draft EA contains Commission B. Interventions assessment (EA), Commission staff staff’s analysis of the potential C. Scoping analyze the effects of Parowan City’s D. Water Quality Certification environmental impacts of the project V. Environmental Analysis proposed project, with one additional and concludes that licensing the project, A. General Description of the Center Creek staff recommended environmental with appropriate environmental Basin measure (to develop a cultural resources protective measures, would not B. Cumulative Effects management plan if any new or constitute a major federal action that C. Proposed Action and Action undocumented archeological or historic would significantly affect the quality of Alternatives sites are discovered during project the human environment. 1. Aquatic Resources operation or maintenance) and the no- A copy of the draft EA is available for 2. Terrestrial Resources action alternative. 3. Threatened and Endangered Species review at the Commission in the Public 4. Cultural Resources We estimate the proposed project Reference Room or may be viewed on VI. Developmental Analysis would generate an average of 2,300 the Commission’s Web site at http:// VII. Comprehensive Development and MWh annually at an annual cost of www.ferc.gov using the eLibrary Recommended $18,000 and an annual net power (FERRIS) link. Enter the docket number Alternative benefit of $56,000. The cost of the staff’s excluding the last three digits in the VIII. Recommendations of Fish and Wildlife measure is minimal and would not docket number field to access the Agencies affect project economics. document. For assistance contact FERC IX. Consistency with Comprehensive Plans Based on our independent analysis, X. Finding of No Significant Impact we conclude that issuing a subsequent Online Support at XI. Literature Cited [email protected] or toll- XII. List of Preparers license for the project, with the free at (866) 208–3676, or for TTY, (202) environmental measure that we 502–8659. List of Figures recommend, would not be a major Any comments on this draft EA Figure federal action significantly affecting the should be filed within 30 days from the 1. Project location for the Center Creek quality of the human environment. date of this notice and should be Hydroelectric Project, FERC No. 1273–009 Environmental Assessment addressed to: Magalie R. Salas, 2. Project facilities for the Center Creek Office of Energy Projects Secretary, Federal Energy Regulatory Hydroelectric Project, FERC No. 1273–009 Center Creek Hydroelectric Project Commission, 888 First Street, NE., 3. Natural and regulated inflow at the project [FERC No. 1273–009-Utah] Washington, DC 20426. Please affix diversion dam I. Application Project No. 1273–009 to all comments. List of Tables Comments may be filed electronically Table On November 15, 2002, Parowan City via the Internet in lieu of paper. The (Parowan) filed an application for a Commission strongly encourages 1. Recent retail power load for Parowan City subsequent license for the existing 600- electronic filings. See 18 CFR 2. Parameters for economic analysis of the kilowatt (kW) Center Creek 385.2001(a)(1)(iii) and the instructions Center Creek Project Hydroelectric Project (project), located on the Commission’s web site http:// Summary at the confluence of Center Creek (aka www.ferc.gov under the ‘‘e-Filing’’ link. Parowan Creek) and Bowery Creek (a For further information, contact On November 15, 2002, Parowan City filed an application for a subsequent tributary to Parowan Creek) near the Gaylord Hoisington at (202) 502–6032 or City of Parowan, in Iron County, Utah [email protected]. license for the existing 600-kilowatt, Center Creek Hydroelectric Project (figure 1). The project occupies 21.43 Linda Mitry, located at the confluence of Center acres of land managed by the U.S. Acting Secretary. Creek (aka Parowan Creek) and Bowery Department of the Interior, Bureau of Creek (a tributary to Parowan Creek) Land Management (BLM). Draft Environmental Assessment for near the City of Parowan, in Iron Hydropower License, Center Creek II. Purpose of Action and Need for County, Utah. The project occupies Hydroelectric Project, Utah Power 21.43 acres of land managed by the U.S. [FERC Project No. 1273–009] Department of the Interior, Bureau of A. Purpose of Action Federal Energy Regulatory Commission, Land Management. The project The Federal Power Act (FPA) Office of Energy Projects, Division of generates about 2,300 megawatt-hours provides the Commission with the Hydropower—Environment and (MWh) annually. exclusive authority to license non- Engineering, 888 First Street, NE The issues addressed in this draft federal water power projects on Washington, DC 20426, August 2003 environmental assessment are the navigable waterways and federal lands. potential effects of the continued For the project, the Commission must Table of Contents operation and maintenance of the decide (1) whether to issue a license to Section proposed project on: (1) Aquatic Parowan, and if so, (2) what, if any, Summary resources; (2) terrestrial resources, (3) conditions should be placed on that I. Application threatened and endangered species; and license to protect or enhance existing VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52199 environmental resources and/or to Parowan is also converting street Water exiting the powerhouse goes into mitigate for any adverse environmental lighting from 200-watt mercury bulbs to an irrigation canal for the use of impacts that would occur due to 100-watt sodium fixtures. downstream irrigation right-holders. operation and maintenance of the 2. Proposed Environmental Measures project. TABLE 1.—RECENT RETAIL POWER This draft environmental assessment LOAD FOR PAROWAN CITY Parowan proposes to monitor and (EA) assesses the effects associated with [Source: Parowan City] remove any noxious and undesirable operation of the proposed project and plants after any ground-disturbing alternatives to the proposed project, and Retail power activities. Parowan does not propose makes recommendations to the Year load (MWh) any changes to project facilities or Commission on whether to issue a operation. license, and if so, recommends terms 1998 ...... 12.89 Public access for the above and conditions to become a part of any 1999 ...... 13.07 information is available only through license issued. In deciding whether to 2000 ...... 13.49 the Public Reference Room, or by e-mail issue a license for a hydroelectric 2001 ...... 13.81 at [email protected]. project, the Commission must determine B. Staff’s Preferred Alternative that. The project is located in the Public access for the above Northwest Power Pool Area (NWPP) of The staff considered what, if any, information is available only through the Western Electricity Coordinating protection, mitigation, and the Public Reference Room, or by e-mail Council (WECC) region of the North enhancement measures would be at [email protected]. American Electric Reliability Council beneficial to those resources affected by The project would be best adapted to (NERC). WECC annually forecasts the project and its operation. We a comprehensive plan for improving or electrical supply and demand in the recommend in addition to Parowan’s developing the waterway. In addition to region for a 10-year period. The most proposal that if any archeological or the power and developmental purposes recent report on annual supply and historic sites should be discovered for which licenses are issued, the demand indicates that, for the period during project operation or Commission must give equal from 2002–2011, the average annual maintenance, Parowan prepare a site- consideration to the purposes of energy growth rate is projected to be 2.5 specific plan in consultation with the conservation, the protection, mitigation percent. In response to projected Utah State Historic Preservation Officer of damage to, and enhancement of fish growth, WECC members will be adding (SHPO) and BLM to evaluate the and wildlife (including related or contracting for about 16,000 significance of the sites and to mitigate spawning grounds and habitat), the megawatts (MW) of new capacity impacts to those sites that are protection of recreational opportunities, generation during the 10-year period. determined to be eligible for inclusion and the preservation of other aspects of The electricity generated from the in the National Register of Historic environmental quality. project would benefit the region by Places. In this draft EA, we, the Commission providing a portion of the needed staff, assess the effects of operating the regional power. C. No-Action Alternative project as proposed by Parowan, and If relicensed, the project would Under the no-action alternative, the operating the project as proposed by continue to contribute to Parowan’s project would continue to operate under Parowan with staff’s mitigative and power needs as well as meeting a small the terms and conditions of the existing enhancement measures. We also portion of the regional need for power. license, and no new environmental consider the effects of the no-action The project would also continue to protection, mitigation, or enhancement alternative. displace non-renewable fossil-fueled measures would be implemented. We power generation used by some of the use this alternative to establish the B. Need for Power facilities in the UAMPS, thereby baseline environmental condition for Parowan operates the Center Creek conserving fossil fuel resources and comparison with other alternatives. Project (FERC No. 1273) and Red Creek avoiding associated atmospheric Project (FERC No. 2782) to provide emissions. D. Alternatives Considered But power to its customers through its Eliminated From Detailed Study III. Proposed Action and Alternatives municipal power system. In addition to We considered the following these two sources, Parowan also meets A. Parowan’s Proposal alternatives to Parowan’s proposal but its power needs by: (1) purchasing eliminated them from detailed study 1. Parowan’s Project Facilities and power through the Utah Association of because they are not reasonable in the Operation Municipal Power Systems (UAMPS), of circumstances of this case. which Parowan is a member, and (2) The existing project consists of: (1) A encouraging power conservation by its 15-foot-high, 54-foot-long concrete 1. Nonpower License customers. overflow type diversion dam; (2) a A nonpower license is a temporary Power demand for Parowan in recent radial gate; (3) trash racks; (4) a 19.9 license that the Commission would years is summarized in table 1. Included acre-foot de-silting pond; (4) an 18 to terminate whenever it would determine in this power demand are residential, 26-inch-diameter, 19,300-foot-long steel that another governmental agency commercial, and other customers. Over penstock; (5) a 600-kW powerhouse; (6) would assume regulatory authority and the given 4-year period, total demand an 80-foot-long, 2.4-kilovolt supervision over the lands and facilities has risen about 7 percent. As part of its underground transmission line; and (7) covered by the nonpower license. In this energy conservation effort, Parowan appurtenant facilities (figure 2). case, no government agency has annually distributes energy saving Parowan proposes to continue suggested its willingness or ability to do inserts that are provided by UAMPS. operating the project run-of-river. When so. No party has sought a nonpower Additionally, Parowan is in the process operating, the project diverts a license, and we have no basis for of upgrading from a 2,400-volt delta maximum of 24 cubic feet per second concluding that the project should no system to a 12,470-volt wye system. (cfs) of stream flow from Center Creek. longer be used to produce power. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52200 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Issuing a nonpower license, therefore, is B. Interventions V. Environmental Analysis not a realistic alternative in these A. General Description of Center Creek circumstances. In addition to filing comments, organizations and individuals may Basin 2. Denial of License and petition to intervene and become a party Decommissioning the Project The project powerhouse is located to the licensing proceedings. There are near the south edge of town. The Project decommissioning could be no interventions in this proceeding. diversion structure is high in the accomplished with or without removing C. Scoping mountains originating at the confluence the project facilities. Either alternative of Center Creek (Parowan Creek) and would involve denial of the license We issued Scoping Document 1 (SD1) Bowrey Creek. Parowan Creek upstream application and surrender or on March 4, 2003, to enable appropriate of the project area flows largely through termination of the existing license. In federal, state, and local resource the Dixie National Forest. both cases, the energy that the project agencies, Indian tribes, other The climate in the lower part of the would generate would be lost, and nongovernmental organizations, and Parowan Valley is semi-arid, with the consequently Parowan’s need for the individuals to participate in the mountains having somewhat cooler project’s power would not be satisfied. identification of issues, concerns, and temperates. The average annual Additionally, no participant has opportunities associated with this precipitation recorded at Parowan is suggested decommissioning. For these proposed action. Specifically, we 12.4 inches/year. Record high and low reasons, we have no basis for requested the entities to forward written temperatures are 101 and minus 23 recommending decommissioning of the information that they believed would degrees Fahrenheit, respectively. project with or without removing the assist the Commission in conducting an project facilities. The canyons have highly varied accurate and thorough analysis of the geologic formations with multicolored IV. Consultation and Compliance site-specific, as well as the cumulative layers of rock, highly complex cliff A. Agency Consultation effects of licensing the proposed project. formations, talus slopes, and towering On April 7, 2003, the FWS filed spirals. Varied forms of shape, color, The Commission’s regulations (18 comments recommending that we and complex patterns of rock and CFR Section 4.38) require applicants to address the effects of the project on vegetation make the canyons in which consult with the appropriate resource terrestrial resources and make two the project is located, highly scenic. agencies before filing an application for Natural vegetation is sparse in Parowan changes to the endangered species list. a license. This consultation is the first Valley but begins to increase gradually We have addressed the FWS comments step in complying with the Fish and as increased elevation provides cooler in the draft EA. Also, after we received Wildlife Coordination Act, the temperatures and more precipitation. Endangered Species Act, the National SD1 comments, we issued a letter saying These higher and cooler canyons Historic Preservation Act, and other we would not issue an SD2 but would support different types and more federal statutes. Pre-filing consultation use SD1 as a basis for the environmental abundant vegetation than is found in the must be complete and documented assessment taking into account the arid foothills. East of the project, within according to the Commission’s recommendations of the FWS. the Dixie National Forest, mountain regulations. D. Water Quality Certification peaks range from 7,500 to 10,000 feet. When the Commission issues a notice B. Cumulative Effects that the application is ready for Under Section 401(a) of the Clean environmental analysis, formal Water Act,1 the Commission may not According to the Council on comments may be submitted by issue a license for a hydroelectric Environmental Quality’s regulations for concerned entities in accordance with project unless the state certifying agency implementing NEPA (§thnsp;1508.7), an section 4.34(b) of the Commission’s has either issued water quality action may cause cumulative impacts on regulations under the FPA. The certification for the project or has the environment if its impacts overlap comments provided by concerned waived certification by failing to act on in time and/or space with the impacts entities are made part of the record and a request for certification within a of other past, present, and reasonably are considered during review of the reasonable period of time, not to exceed foreseeable future actions, regardless of proposed project. 1 year.2 what agency or person undertakes such other actions. Cumulative effects can On May 8, 2003, the Commission On April 13, 2001, Parowan applied issued a public notice indicating that result from individually minor but to the Utah State Department of collectively significant actions taking the project was ready for environmental Environmental Quality (DEQ) for water analysis, and soliciting motions to place over a period of time, including quality certification (WQC) for the hydropower and other land and water intervene, comments, terms and project. DEQ received the request on conditions, and prescriptions. We development activities. April 16, 2001. On June 17, 2002, DEQ received one letter from the U.S. Based on staff’s review of Parowan’s granted certification to Parowan for the Department of the Interior’s Fish and license application, and agency and Wildlife Service (FWS) filed July 1, project. The WQC contains no public comments, we have determined 2003, in response to that notice. FWS conditions. that there are no cumulative impacts as recommends that Parowan monitor and a result of continued operation of the remove any noxious and undesirable 1 33 U.S.C. ‘‘1341(a)(1). project. No other development activities plants after ground-disturbing activities. 2 Section 401(a)(1) requires an applicant for a exist or are anticipated, to the extent As discussed in Section V.2 of this draft federal license or permit to conduct any activity that we know, in the project area that, that may result in any discharge into navigable EA, Parowan has agreed to this waters to obtain from the state in which the in conjunction with the continued recommendation making the discharge originates certification that any such operation of the project, would recommendation a part of its proposed discharge would comply with applicable water cumulatively affect resources within the project. quality standards. project area. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52201 C. Proposed Action and Action in the upper subbasin. Additionally, the therefore, the projection somewhat Alternatives Parowan Creek bed is largely gravel and overestimates surface flow at the In this section, we discuss the effects green vegetation carpets the landscape project. (Source: staff) on both sides of the creek indicating of the project alternatives on Water Quality that there is some sub-surface flow environmental resources. For each Parowan Creek upstream of the resource, we first describe the affected through the alluvium. Parowan Reservoir Company,3 at its project area flows largely through the environment, which is the existing Dixie National Forest. The drainage area condition and baseline against which Yankee Meadows Reservoir located on Bowery Creek about 7 creek miles is high elevation, remote, and sparsely we measure effects. We then discuss populated. The Utah Water Quality and analyze the specific environmental upstream of the project diversion dam, largely regulates inflow to the Board classifies Parowan Creek in the issues. project area as a Category 1 High Quality Only the resources that would be immediate area of the project diversion dam intake. Parowan Reservoir Water protected for secondary contact affected, or about which comments have recreation (Class 2B), coldwater species been made by interested parties, are Company impounds snowmelt runoff in the spring and releases it throughout the of game fish and other cold water included in detail in this draft EA. At aquatic life (Class 3A), and agricultural this time no new construction or latter part of the summer to satisfy irrigation water supply needs. Under an uses, including irrigation of crops and modifications to the project are planned. 7 unregulated flow condition, the annual stock watering (Class 4). Therefore, we have determined, based There are no recent water quality data on our review of Parowan’s license hydrograph would show low or no flows occurring from November through for Parowan Creek to our knowledge, application, and as a result of our however, because Parowan Creek largely scoping process including agency and March and again in July, peak flows in May and June, and transition flows in flows through a sparsely populated area public comments, that geology and upstream of the project, we expect that April and August through October soils, aesthetics, recreation and land the water quality of Parowan Creek in (figure 1). Under the existing, regulated use, and socioeconomics would not be the project area is good. affected by the continued operation of condition, the annual hydrograph is flat the project and, therefore, will not be with flows ranging from a low of around Fisheries analyzed in detail in this EA. 6.0 to 7.0 cfs from September through Parowan Creek upstream of the March to 8.0 to 10.0 cfs from April project diversion dam contains a self- 1. Aquatic Resources through August. Parowan calculates the sustaining population of rainbow trout Affected Environment existing average annual inflow at the and brown trout; however, there are no diversion dam to be about 8.0 cfs. known fish populations downstream of Water Quantity Although the existing average the project diversion dam. (letter by The project’s diversion dam collects monthly inflows at the diversion dam Willie R. Taylor, Director, Office of water from Parowan Creek immediately are much below the hydraulic capacity Environmental Policy and Compliance, 4 below the confluence with Bowery of the project (24 cfs), peak flow data USFWS, Washington, DC, July 1, 2003). Creek at an elevation of about 6,275 feet. for the period of record 1964 to 1987 on A BLM habitat assessment of Parowan Parowan Creek at the diversion dam Center Creek (USGS gage no. Creek conducted in 1982 8 describes 5 drains an area of about 50 square miles. 10241470), a tributary to Parowan Parowan Creek as possessing Agood Lands within the Parowan Creek Creek about 0.5 miles upstream of the habitat’’ overall but that trout habitat is subbasin upstream of the diversion dam diversion dam, shows that flows limited to Parowan Creek upstream of are largely within the Dixie National upwards of 200 cfs occur in the project the project diversion dam. The BLM 6 Forest with a small amount of private area, although infrequently. assessment states that although the lands scattered throughout the area. The Figure 3. Natural and regulated inflow bypassed reach is dewatered during the average elevation of the subbasin is at the project diversion dam as summer months, the stream banks are about 8,900 feet. Parowan Creek drains calculated by Parowan. ‘‘Regulated stable and there is a Afair’’ amount of into the greater Bonneville Basin, which inflow’’ is a calculation of surface flow cover. is a closed basin (letter by Willie R. at the diversion based on the generation Environmental Impacts and Taylor, Director, Office of record. ‘‘Natural inflow’’ is a theoretical Recommendations Environmental Policy and Compliance, projection of the hydrograph based on USFWS, Washington, DC, July 1, 2003). the drainage area, mean annual Project Operation Surface water in Parowan Creek precipitation, and main channel slope. Parowan has a Utah state water right derives mostly from rainfall and The project does not account for surface (#75–27) to divert up to 24.0 cfs, the snowmelt runoff. Snow is the dominant flow that infiltrates the stream gravel hydraulic capacity of the project, out of form of precipitation in the subbasin before reaching the diversion dam; Parowan Creek, Center Creek, and from October through April. Average Bowery Creek and its tributaries to be total annual precipitation in the 3 Parowan Reservoir Company is a separate used for power generation. Parowan’s company that controls flows the flows for irrigation subbasin varies by elevation and and for Parowan City to use at the Center Creek right to this water is for non- temperature ranging from 12.4 inches at Project. Yankee Meadows Reservoir is an irrigation consumptive use; therefore, after using the project powerhouse (6,000 feet) in storage reservoir owned and operated by the it for power generation, Parowan returns the hot and arid, lowest portion of the Parowan Reservoir Company. the diverted creek flows to an irrigation 4 Because the flow on average is much below the canal downstream of the powerhouse so subbasin to 35.8 inches near Brian Head hydraulic capacity of the project, Parowan normally Station (9,770 feet) in the cooler and diverts all the flow in Parowan Creek at the as not to adversely affect downstream wetter, upper portion of the subbasin. diversion dam. Parowan calculates the average total 5 Flow data accessed from the USGS Web site 7 Utah Administrative Code, R317–2, Standards of annual precipitation at the diversion (http://waterdata.usgs.gov/nwis/peaks/?site Quality for Waters of the State, effective March 1, no=10241470&agency cd=USGS) on June 27, 2003. 2003. dam to be about 30.4 inches. 6 Parowan calculates that a 200-cfs flow at the 8 Parowan included a copy of the BLM habitat There are numerous springs in the diversion dam has a recurrence interval of about 10 assessment in Appendix E–7 of the license project area fed by snowmelt originating years. application. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52202 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices irrigation water rights holders. By ensure that irrigation needs downstream vegetation along the creek is a mixture diverting the flow into the penstock, of the project are met throughout the of large narrowleaf cottonwoods, Parowan actually benefits some growing season and not for meeting sandbar willows, box elder, a few river irrigators, because the diverted flow hydroelectric operational needs. birch and maples, pines, Gambel oaks, would otherwise pass downstream of Parowan Reservoir Company stores skunkbrush, Mountain juniper, and the diversion dam and seep into the flows at its Yankee Meadows Reservoir sagebrush. The presence of both riparian canyon alluvium where the water would and then releases the flows more evenly species and more upland-drier species have to be pumped to be utilized. throughout the course of the year, creates good wildlife habitat with varied Parowan also possesses a state water thereby flattening the annual structure and streamside shading. right (#75–5) to pump 1.047 cfs from the hydrograph (figure 1). The project has Green vegetation on both sides of the project forebay well to be used for minor storage capacity, and therefore, is creek, above and below the diversion power generation at the project.9 incapable of re-regulating Parowan during low flow periods when the Parowan’s right to the well water is for Reservoir Company’s shaping of the majority of the flow is diverted into the non-consumptive use, and Parowan river flows. By flattening the natural penstock signals the presence of sub- utilizes the water to increase penstock hydrograph, Parowan Reservoir surface water flowing through the flow and also to keep the project Company causes monthly average alluvium. Add to this, the flow from forebay, desilting pond, and penstock inflows to the project in most years to small springs and several smaller from freezing during the winter. never exceed 10 cfs, so there is very tributary canyons below the diversion, Parowan states that it generally little flow during the months of April and the result is, the stream is seldom, operates the project run-of-river, but through June relative to natural if ever, completely without water and occasionally utilizes the 19.9 acre-foot conditions from which to work.10 there is no evidence to suggest the desilting pond for peaking purposes. Therefore, we conclude that the project riparian community will be affect by the Parowan proposes to continue operating has no capacity to provide a flow regime continued operation and maintenance of the project in this fashion, which they that follows a more natural hydrograph. the project. term Arun-of-the-river’with a minor Water Quality Wildlife peaking capability component.’’ No federal or state agency or Indian tribe Parowan proposes no new The habitat along the penstock and in has filed recommendations related to construction or land-disturbance at the the vicinity of the diversion supports project operation. project that would lead to water quality many different animals including: There is no indication that Parowan’s problems,11 and there is no evidence to cottontail rabbit, ground squirrels, mode of project operation in any way suggest that current project operation chipmunks, woodrat, western harvest affects downstream water rights holders and maintenance adversely affect water mouse, porcupine, and deer mouse and or aquatic resources. Parowan returns quality. No federal or state agency or a variety of birds, both neotropical up to 24 cfs of diverted creek water to Indian tribe has filed recommendations migrants and residents such as the an irrigation canal after they use it for related to water quality, and ODEQ’s grosbeak, towhee, bunting, warbler and project generation, so there is no Section 401 WQC for the project has no thrush. water quality conditions. consumption of the diverted water. Environmental Impacts and Because Parowan Creek drains into a Unavoidable Adverse Impacts Recommendations closed basin where all the flow is either diverted by irrigators or lost to None. Parowan does not propose any ground-disturbing activities that would evaporation or seepage, there are no 2. Terrestrial Resources fisheries resources downstream of the disturb or remove important riparian project powerhouse affected by the Affected Environment vegetation. Given there are no proposed project operation. Vegetation changes to project structures or operations, riparian vegetation along the Project Flow Releases The project area is wooded with a project area would likely remain the mixture of riparian vegetation. In By letter to the applicant dated May same. general, a narrow band of riparian 17, 2001 (see appendix E–1 of the In its letter filed July 1, 2003, the FWS vegetation gives way to drier pinyon- license application), the FWS inquired makes the following Section 10(j) juniper and sagebrush plant if the project had the flexibility to recommendation: communities. The riparian and upland provide flows that follow a more natural The licensee shall monitor for hydrograph. The natural hydrograph for noxious and undesirable plant species 10 When we say ‘‘from which to work,’’ we the project area shows annual high in any areas of surface disturbance envision a situation where we establish a relatively caused by project related activities, flows occurring in the months of April high bypassed reach minimum flow in April, May, through May and lower down to no flow and June, and a lower or no minimum flow including maintenance activities. If (freezing conditions in December) the requirement the remainder of the year so as to noxious and undesirable plant species mimic the natural hydrograph. remainder of the year (figure 1). are located, they shall be removed or 11 However, we note that on page 4 of the license treated with appropriate herbicide Parowan Reservoir Company largely application, Parowan states that it will at some regulates the inflow that comes into the point need to install a direct bypass line around the applications until destroyed. Surface immediate area of the project intake. project desilting pond to allow the pond to be disturbance shall include any activity The regulation of the inflow is done to drained for cleaning. Parowan states that they are resulting in vegetation clearing or not certain whether they will seek authorization for breaking of the soil surface. this modification as part of this relicense 9 Parowan states that they use the forbay well for proceeding or through a separate proceeding, FWS says the above condition is irrigation as well as power generation, and presumably through amendment of any license needed because noxious and therefore, that the well is not considered part of the issued for the project. Due to Parowan’s undesirable plant species alter plant project. However, we note that the water right for uncertainty, we do not recognize the modification communities, generally resulting in a the well provides for the use of the well for power as part of their formal proposal for this relicense generation by Parowan. Water is pumped from the proceeding, and therefore, we do not discuss the decline of native plant species which well to be used, at least in part, for the generation water quality-related effects of this action in this provide food and cover for wildlife. of electricity at the project. EA. FWS says controlling noxious and VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52203 undesirable plants is necessary to Environmental Impacts and project, we equate the value of project protect and enhance wildlife habitat in Recommendations power benefits to the current cost the project area. If the project continues to operate as Parowan would have to pay for the same Parowan agreed to implement this it has in the past, it is unlikely that any amount of energy and capacity using recommendation and Commission staff new sites would be discovered. alternative generating resources. We do also agrees that this recommendation However, if any new or undocumented not consider future inflation effects in would ensure that noxious and archeological or historic sites are our analysis. undesirable plants do not become discovered during project operation or The cost of alternative power is used established because of project-related maintenance, Parowan should: (1) as a threshold in our determination of activities. We recommend Parowan Consult with the SHPO and BLM about positive or negative project power prepare a plan to control noxious and the discovered sites; (2) prepare a site- benefits. A positive net annual power invasive weeds. specific cultural resource management benefit shows how much less it would Unavoidable Adverse Impacts plan, including a schedule to evaluate cost Parowan to use the project’s power the significance of the sites and to avoid instead of the most likely alternative None. or mitigate any impacts to sites found power source. A negative net annual 3. Threatened and Endangered Species eligible for inclusion in the National power benefit shows how much more it Register of Historic Places; (3) base the would cost to use the project’s power Affected Environment site-specific plan on recommendations instead of the most likely alternative By letter dated December 3, 2002, of the SHPO and BLM and the Secretary power source. Commission staff requested a list of any of the Interior’s Standards and B. Cost of Environmental Enhancement threatened and endangered species at Guidelines for Archeology and Historic Measures the project from the FWS. The FWS Preservation; (4) file the site-specific responded on December 26, 2002, plan for Commission approval, together Any measures proposed or saying that the following listed or with the written comments of the SHPO recommended by Parowan, agencies, or candidate species may occur in the and BLM; and (5) take the necessary Commission staff could affect project project area: steps to protect the discovered economics because of the cost of these archeological or historic sites from measures or their effect on power Species Status further impact until notified by the generation. Bald eagle ...... Threatened. Commission that all of these In this draft EA, we consider the California condor ...... Endangered. requirements have been satisfied. implementation of a plan to control Mexican spotted owl ...... Threatened. The Commission may require cultural noxious and invasive weeds. The added Utah prairie dog ...... Threatened. resources work and changes to cultural cost of this measure is considered resources management plans based on minimal. Such a plan would have Environmental Impacts and the filings. Parowan would not be negligible effects on project economics Recommendations allowed to implement a cultural and would not affect annual generation. resources management plan or begin Parowan surveyed the project area for C. Cost of Proposed Project threatened and endangered species and any land-clearing or land-disturbing did not observe any of the above activities in the vicinity of any The economic parameters we used for species. We have no other sources of discovered sites until informed by the our analysis are shown in table 3. The information indicating these species Commission that the requirements have project, as proposed by Parowan, would exist in the area. Because we have no been fulfilled. have an annual cost of $18,000 (7.4 data indicating the above species exist Unavoidable Adverse Impacts mills/kWh). The current annual value of within the project area, and because power from the project would be None. Parowan does not propose any changes $74,000 (32.1 mills/kWh). To determine to project structures or operations, we VI. Developmental Analysis whether the proposed project is find that the proposed project would In previous sections of this draft EA, economically beneficial, we subtract the have no effect on threatened and we assess the effects of continued cost of the project from the value of its endangered species. operation of the project on the power. As proposed, this project would yield a net annual power benefit of Unavoidable Adverse Impacts environment. In this section, we look at the effect proposed environmental about $56,000 (24.7 mills/kWh). None. measures would have on the project’s TABLE 2.—PARAMETERS FOR ECO- 4. Cultural Resources power benefits and summarize the cost NOMIC ANALYSIS OF THE CENTER Affected Environment of environmental and developmental measures considered in our analysis. CREEK PROJECT On May 4, 2001, and March 21, 2002, Also in this section, we show: (1) the [Source: Parowan City and Commission staff] the State Historic Preservation Officer cost of the proposed environmental (SHPO) commented that no cultural measures for the project and (2) how the Economic parameter Value resources, listed or eligible for inclusion proposed environmental measures in the National Register of Historic would affect the project’s economics. Period of analysis ...... 30 years. Places would be affected by the Discount/interest rate ... 6.0 percent.1 2 continued operation and maintenance of A. Power and Economic Benefits of the Operation and mainte- $17,118 per year. Project nance. the project (letter from Barbara L. Alternative energy value 32.1 mills per Murphy and James L. Dykmann, The project has an installed capacity kWh.3 respectively, State of Utah, Department of 600 kW and provides an average of Community and Economic annual energy generation of 2,300 MWh. 1 The discount and interest rates of 6.0 per- cent are provided by Commission staff as typ- Development, Division of State History, Parowan does not propose any changes ical values for this type of analysis. Utah State Historical Society, Salt Lake to project structures or operations. To 2 The annual operation and maintenance City, Utah). calculate the economic benefits of the cost is estimated by Commission staff. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52204 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 3 The alternative energy value for the project disturbing activities; and (2) should significantly affecting the quality of the is based on Utah Power & Light Company’s archeological or historic sites be human environment. With our current avoided cost as found in Electric Serv- ice Schedule No. 37, effective March 11, discovered during project operation or recommended measures existing 2002. maintenance, prepare a site-specific environmental resources would be cultural resource management plan in protected. D. Cost of Staff-Recommended consultation with the SHPO and BLM to XI. Literature Cited Alternatives evaluate the significance of the sites and Commission staff recommended one to mitigate impacts to those sites that Sunrise Engineering, Inc., 2001. additional environmental measure: a are determined to be eligible for Application for a License for a Minor cultural resource management plan, if inclusion in the National Register of Water Power Project—Center Creek during project operation and Historic Places. Hydroelectric Project—Parowan City maintenance any new or undocumented From our evaluation of the (FERC Project No. 1273). November 15, archeological sites are discovered. The environmental and economic effects of 2002. added cost of this measure and a plan the project, we conclude that licensing XII. List of Preparers to control noxious and invasive weeds the Center Creek Project with our is minimal and these measures would additional recommended environmental Gaylord W. Hoisington B Project not affect project generation. Therefore, protection measures would best adapt Coordinator B Terrestrial, Cultural the staff-recommended alternative the project to a comprehensive plan for Resources, and Threatened and would have the same cost and the Center Creek Basin. Endangered Species; Soil generation benefits as the no-action Conservationist; B.S., Recreation. alternative. VIII. Recommendations of Fish and Nicholas Jayjack B Aquatic Resources Wildlife Agencies B Fishery Biologist; M.S., VII. Comprehensive Development and Under the provisions of Section 10(j) Recommended Alternative Environmental Science in Civil of the FPA, each hydropower license Engineering; B.S., Fisheries and Aquatic Sections 4(e) and 10(a)(1) of the FPA issued by the Commission shall include Sciences. require the Commission to give equal conditions based on recommendations Linda Lehman B Civil Engineer; M.S., consideration to all uses of the provided by federal and state fish and Civil Engineering; B.S., Civil waterway on which a project is located. wildlife agencies for the protection, Engineering. When we review a proposed project, we mitigation, and enhancement of fish and [FR Doc. 03–22352 Filed 8–29–03; 8:45 am] equally consider the environmental, wildlife resources affected by the recreational, fish and wildlife, and other project, where those conditions are not BILLING CODE 6717–01–P non-developmental values of the inconsistent with the purpose and project, as well as power and requirements of the FPA or other DEPARTMENT OF ENERGY developmental values. Accordingly, any applicable law. license issued shall be best adapted to We received one Section 10(j) Federal Energy Regulatory a comprehensive plan for improving or recommendation from the FWS in its Commission developing a waterway or waterways for letter filed July 1, 2003. FWS all beneficial public uses. recommends that Parowan monitor and [Project No. 178–017] Based on our independent review of remove any noxious and undesirable agency and public comments filed on plants after any ground-disturbing Notice of Application Accepted for this project and our review of the activities. As discussed in this draft EA, Filing and Soliciting Motions To environmental and economic effects of Parowan now includes this Intervene and Protests the proposed project and its recommendation in its proposed project. August 26, 2003. alternatives, we selected the proposed Commission staff recommends Parowan project, with staff’s additional measure, prepare a plan to implement this Take notice that the following as the preferred option. We recommend recommendation. hydroelectric application has been filed this option because: (1) Issuance of a with the Commission and is available new hydropower license by the IX. Consistency With Comprehensive for public inspection. Commission would allow Parowan to Plans a. Type of Application: New Major operate the project as an economically Section 10(a)(2) of the FPA requires License. beneficial and dependable source of the Commission to consider the extent b. Project No.: 178–017. electrical energy; (2) the 600-kW project to which a project is consistent with c. Date filed: April 14, 2003. would eliminate the need for an federal or state comprehensive plans for d. Applicant: Pacific Gas and Electric equivalent amount of fossil-fuel derived improving, developing, or conserving a Company. energy and capacity, which helps waterway or waterways affected by the e. Name of Project: Kern Canyon conserve these nonrenewable resources project. We identified 9 plans filed by Hydroelectric Project. and limits atmospheric pollution; (3) the federal, and state agencies that address f. Location: On the Kern River, near public benefits of the selected various resources in Utah; however, the Town of Bakersfield, Kern County, alternative would exceed those of none are relevant to the continued California. The project occupies Parowan’s proposal and the no-action operation of the project. approximately 11.26 acres of public alternative, and (4) the recommended land located within the Sequoia measures would protect existing X. Finding of No Significant Impact National Forest. environmental resources. We’ve prepared this environmental g. Filed Pursuant to: Federal Power We recommend the following assessment for the project pursuant to Act, 16 U.S.C. §§ 791(a)–825(r). environmental measures be included in the National Environmental Policy Act h. Applicant Contact: Mr. Randal S. any license issued by the Commission of 1969. Should the Commission decide Livingston, Pacific Gas and Electric for the Center Creek Project: (1) monitor to issue a license for the project, staff Company, Power Generation, Mail Code and remove any noxious and analysis shows that licensing the project N11E, P.O. Box 770000, San Francisco, undesirable plants after ground- would not be a major federal action CA 94177 (415)973–7000. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52205 i. FERC Contact: Allison Arnold, (202) related to this or other pending projects. e. Name of Projects: Biron 502–6346 or [email protected]. For assistance, contact FERC Online Hydroelectric Project and Whiting j. Deadline for filing motions to Support. Hydroelectric Project. intervene and protests: 60 days from the n. Anyone may submit a protest or a f. Location: The Biron Hydroelectric issuance date of this notice. motion to intervene in accordance with Project is located on the Wisconsin All documents (original and eight the requirements of Rules of Practice River, in Wood and Portage Counties, copies) should be filed with: Magalie R. and Procedure, 18 CFR 385.210, Wisconsin. The Whiting Hydroelectric Salas, Secretary, Federal Energy 385.211, and 385.214. In determining Project is located on the Wisconsin Regulatory Commission, 888 First the appropriate action to take, the River, in Portage County, Wisconsin. Street, NE., Washington, DC 20426. Commission will consider all protests g. Filed Pursuant to: Federal Power The Commission’s Rules of Practice filed, but only those who file a motion Act, 16 U.S.C. 7919(a)–825(r) and 799 require all intervenors filing documents to intervene in accordance with the and 801. with the Commission to serve a copy of Commission’s Rules may become a h. Applicant Contact: Mark E. that document on each person on the party to the proceeding. Any protests or Anderson, Resource Manager, official service list for the project. motions to intervene must be received Consolidated Water Power Company, Further, if an intervenor files comments on or before the specified deadline date P.O. Box 8050, Wisconsin Rapids, WI or documents with the Commission for the particular application. 54495–8050, (715) 422–3972, or e-mail relating to the merits of an issue that When the application is ready for [email protected]. may affect the responsibilities of a environmental analysis, the i. FERC Contact: Any questions on particular resource agency, they must Commission will issue a public notice this notice should be addressed to Etta also serve a copy of the document on requesting comments, Foster at (202) 502–8769, or e-mail that resource agency. recommendations, terms and address: [email protected]. Motions to intervene and protests may conditions, or prescriptions. j. Deadline for filing comments and/ be filed electronically via the Internet in All filings must (1) Bear in all capital or motions: September 26, 2003. lieu of paper. The Commission strongly letters the title ‘‘PROTEST’’ or All documents (original and eight encourages electronic filings. See 18 ‘‘MOTION TO INTERVENE’’; (2) set copies) should be filed with Magalie CFR 385.2001(a)(1)(iii) and the forth in the heading the name of the R.Salas, Secretary, Federal Energy instructions on the Commission’s Web applicant and the project number of the Regulatory Commission, 888 First site (http://www.ferc.gov) under the ‘‘e- application to which the filing Street, NE., Washington, DC 20426. Filing’’ link. responds; (3) furnish the name, address, Please include the project numbers (P– k. This application has been accepted and telephone number of the person 2192–013 and 2590–040) on any for filing, but is not ready for protesting or intervening; and (4) comments or motions filed. environmental analysis at this time. otherwise comply with the requirements k. Description of Request: l. The Kern Canyon Hydroelectric of 18 CFR 385.2001 through 385.2005. Consolidated Water Power Company Project consists of: (1) An existing 150- Agencies may obtain copies of the (CWPCo) proposes to add approximately foot-long and 23-foot-high dam; (2) an application directly from the applicant. 19.14 acres to the Whiting project existing 3-acre reservoir having a usable A copy of any protest or motion to boundary, and approximately 49.79 capacity of 27-acre-feet; (3) a 1.58-mile- intervene must be served upon each acres to the Biron project boundary. The long horseshoe shaped tunnel; (4) a 520- representative of the applicant specified additional acres will provide various foot-long steel penstock varying in in the particular application. forms of public access to the water or on diameter from 96 inches to 90 inches; lands already associated with the Linda Mitry, (5) a powerhouse containing one projects. generating unit with an installed Acting Secretary. l. Location of the Application: A copy capacity of 9,540 kilowatts; (6) existing [FR Doc. 03–22353 Filed 8–29–03; 8:45 am] of the application is available for transmission facilities; and (7) BILLING CODE 6717–01–P inspection and reproduction at the appurtenant facilities. The project is Commission’s Public Reference Room, estimated to generate an average of 67.6 located at 888 First Street, NE., Room DEPARTMENT OF ENERGY gigawatthours annually. The dam and 2A, Washington, DC 20426, or by calling existing project facilities are owned by Federal Energy Regulatory (202) 502–8371. This filing may also be the applicant. Commission viewed on the Commission’s Web site at m. A copy of the application is http://www.ferc.gov using the eLibrary available for review at the Commission [Project Nos. 2192–013 and 2590–040] (FERRIS) link. Enter the docket number in the Public Reference Room or may be excluding the last three digits in the Notice of Application for Amendment viewed on the Commission’s Web site at docket number field to access the of License and Soliciting Comments, http://www.ferc.gov using the document. For assistance, please contact Motions To Intervene, and Protests ‘‘eLibrary’’ link. Enter the docket FERC Online Support at number excluding the last three digits in August 26, 2003. [email protected] or toll- the docket number field to access the Take notice that the following free at (866)208–3676, or for TTY, document. For assistance, contact FERC application has been filed with the contact (202) 502–8659. A copy is also Online Support at Commission and is available for public available for inspection and [email protected] or toll- inspection: reproduction at the address in item (h) free at 1–866–208–3676, or for TTY, a. Application type: Amendment of above. (202) 502–8659. A copy is also available License to Revise Project Boundary. m. Individuals desiring to be included for inspection and reproduction at the b. Projects Nos: 2192–013 and 2590– on the Commission’s mailing list should address in item h above. 040. so indicate by writing to the Secretary You may also register online at http:/ c. Date Filed: June 9, 2003; amended of the Commission. /www.ferc.gov /docs-filing/ July 15, 2003. n. Comments, Protests, or Motions to esubscription.asp to be notified via d. Applicant: Consolidated Water Intervene-Anyone may submit email of new filings and issuances Power Company. comments, a protest, or a motion to VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52206 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices intervene in accordance with the d. Applicant: Georgia Power protests or other comments filed, but requirements of Rules of Practice and Company. only those who file a motion to Procedure, 18 CFR 385.210, .211, .214. e. Name of Project: Wallace Dam intervene in accordance with the In determining the appropriate action to Project. Commission’s Rules may become a take, the Commission will consider all f. Location: The project is located on party to the proceeding. Any comments, protests or other comments filed, but the Oconee River in Putnam and protests, or motions to intervene must only those who file a motion to Morgan Counties, Georgia and on the be received on or before the specified intervene in accordance with the Altahama River in Oglethorpe, Greene, comment date for the particular Commission’s Rules may become a and Hancock Counties, Georgia. application. party to the proceeding. Any comments, g. Filed Pursuant to: Federal Power o. Filing and Service of Responsive protests, or motions to intervene must Act 16 U.S.C. ‘‘‘‘791(a)–825(r). Documents—Any filings must bear in be received on or before the specified h. Applicant Contact: Larry Wall, all capital letters the title comment date for the particular Georgia Power Company, 241 Ralph ‘‘COMMENTS’’, application. McGill Boulevard, NE., Atlanta, GA ‘‘RECOMMENDATIONS FOR TERMS o. Filing and Service of Responsive 30308–3374, Phone (404) 506–2054. AND CONDITIONS’’, ‘‘PROTEST’’, OR Documents—Any filings must bear in i. FERC Contact: Rebecca Martin, ‘‘MOTION TO INTERVENE’’, as all capital letters the title [email protected] Phone (202) applicable, and the Project Number of ‘‘COMMENTS’’, ‘‘PROTEST’’, or 502–6012. the particular application to which the ‘‘MOTION TO INTERVENE’’, as j. Deadline for filing comments and or filing refers. Any of the above-named applicable, and the Project Number of motions: September 12, 2003. documents must be filed by providing the particular application to which the All documents (original and eight the original and the number of copies filing refers. A copy of any motion to copies) should be filed with Magalie R. provided by the Commission’s intervene must also be served upon each Salas, Secretary, Federal Energy regulations to: The Secretary, Federal representative of the Applicant Regulatory Commission, 888 First Energy Regulatory Commission, 888 specified in the particular application. Street, NE., Washington, DC 20426. First Street NE., Washington, DC 20426. p. Agency Comments-Federal, state, Comments, protests, and interventions A copy of any motion to intervene must and local agencies are invited to file may be filed electronically via the also be served upon each representative comments on the described application. Internet in lieu of paper. See 18 CFR of the Applicant specified in the A copy of the application may be 385.2001(a)(1)(iii) and the instructions particular application. obtained by the agencies directly from on the Commission’s Web site under the p. Agency Comments: Federal, state, the Applicant. If an agency does not file ‘‘e-Filing’’ link. Please reference and local agencies are invited to file comments within the time specified for ‘‘Wallace Dam Project, FERC Project No. comments on the described application. filing comments, it will be presumed to 2413–056’’ on any comments or motions A copy of the application may be have no comments. One copy of an filed. obtained by agencies directly from the agency’s comments must also be sent to k. Description of the Application: Applicant. If an agency does not file the Applicant’s representatives. Georgia Power Company requests comments within the time specified for q. Comments, protests and Commission approval to construct a filing comments, it will be presumed to interventions may be filed electronically non-project electric transmission line have no comments. One copy of an via the Internet in lieu of paper. See 18 that will cross a portion of the project agency’s comments must also be sent to CFR 385.2001(a)(1)(iii) and the lands and waters at Lake Oconee. the Applicant’s representatives. instructions on the Commission’s Web l. Locations of the Application: This site as http://www.ferc.gov under the ‘‘e- filing is available for review at the Linda Mitry, filing link. Commission in the Public Reference Acting Secretary. Room or may viewed on the [FR Doc. 03–22355 Filed 8–29–03; 8:45 am] Linda Mitry, Commission’s Web site at http:// BILLING CODE 6717–01–P Acting Secretary. www.ferc.gov using the eLibrary [FR Doc. 03–22354 Filed 8–29–03; 8:45 am] (FERRIS) link. Enter the docket number BILLING CODE 6717–01–P excluding the last three digits in the DEPARTMENT OF ENERGY docket number field to access the Federal Energy Regulatory document. For assistance, please contact DEPARTMENT OF ENERGY Commission FERC Online Support at Federal Energy Regulatory [email protected] or toll- [Project No. 2670–022] Commission free at (866) 208–3676, or for TTY, contact (202) 502–8659. A copy is also Notice of Transfer of License and [Project No. 2413–056] available for inspection and Soliciting Comments, Motions To reproduction at the address in item h Intervene, and Protests Notice of Application to Amend above. August 26, 2003. License and Soliciting Comments, m. Individuals desiring to be included Motions To Intervene, and Protests Take notice that the following on the Commission’s mailing list should hydroelectric application has been filed August 26, 2003. so indicate by writing to the Secretary with the Commission and is available Take notice that the following of the Commission. for public inspection: hydroelectric application has been filed n. Comments, Protests, or Motions to a. Application Type: Transfer of with the Commission and is available Intervene—Anyone may submit License. for public inspection: comments, a protest, or a motion to b. Project No.: 2670–022. a. Application Type: Non-project use intervene in accordance with the c. Date Filed: August 4, 2003. of project lands and waters. requirements of Rules of Practice and d. Applicants: Northern States Power b. Project No:. 2413–056. Procedure, 18 CFR 385.210, .211, .214. Company (NSP) and City of Eau Claire, c. Date Filed: July 15 and August 21, In determining the appropriate action to Wisconsin (City) (Transferor) and NSP 2003. take, the Commission will consider all (Transferee). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52207 e. Name of Project: Dells m. Individuals desiring to be included c. Date filed: August 15, 2003. Hydroelectric Project. on the Commission’s mailing list should d. Applicant: Alaska Power and f. Location: Located on the Chippewa so indicate by writing to the Secretary Telephone Company. River, in Chippewa County, Wisconsin. of the Commission. e. Name of Project: Black Bear Lake The project occupies 6.6 acres of land n. Comments, Protests, or Motions to Hydroelectric Project. under the administration of the U. S. Intervene—Anyone may submit f. Location: Black Bear Lake on Prince Bureau of Land Management. comments, a protest, or a motion to of Wales Island in southeast Alaska in g. Filed Pursuant to: Federal Power intervene in accordance with the Prince of Wales-Outer Ketchikan Act, 16 U.S.C. 791a–825r. requirements of Rules of Practice and Borough. h. Applicants Contacts: Mr. William Procedure, 18 CFR 385.210, .211, .214. g. Filed Pursuant to: 18 CFR 4.200. Zawacki, Northern States Power In determining the appropriate action to h. Applicant Contact: Glen Martin, Company, 1414 West Hamilton Avenue, take, the Commission will consider all P.O. Box 222, Port Townsend, WA Eau Claire, Wisconsin 54702–0008; Mr. protests or other comments filed, but 98368. Donald Norrell, City of Eau Claire, 203 only those who file a motion to i. FERC Contact: John K. Novak, South Farwell Street, Eau Claire, intervene in accordance with the [email protected], (202)–502–6076. Wisconsin 54701. Commission’s Rules may become a j. Deadline for filing comments, i. FERC Contact: Regina Saizan, (202) party to the proceeding. Any comments, motions to intervene and protest: 502–8765. protests, or motions to intervene must September 29, 2003. j. Deadline for filing comments and or be received on or before the specified The Commission’s Rules of Practice motions: September 26, 2003. comment date for the particular and Procedure require all interveners All documents (original and eight application. filing documents with the Commission copies) should be filed with: Magalie R. o. Filing and Service of Responsive to serve a copy of that document on Salas, Secretary, Federal Energy Documents—Any filings must bear in each person in the official service list Regulatory Commission, 888 First all capital letters the title for the project. Further, if an intervener Street, NE., Washington, DC 20426. ‘‘COMMENTS’’, files comments or documents with the Comments, protests, and ‘‘RECOMMENDATIONS FOR TERMS Commission relating to the merits of an interventions may be filed electronically AND CONDITIONS’’, ‘‘PROTEST’’, OR issue that may affect the responsibilities via the Internet in lieu of paper; see 18 ‘‘MOTION TO INTERVENE’’, as of a particular resource agency, they CFR 385.2001(a)(1)(iii) and the applicable, and the Project Number of must also serve a copy of the document instructions on the Commission’s Web the particular application to which the on that resource agency. site under the ‘‘e-Filing’’ link. The filing refers. A copy of any motion to k. Description of Application: The Commission strongly encourages intervene must also be served upon each licensee is requesting a temporary electronic filings. Please include the representative of the Applicant waiver of the minimum flow project number (P–2670–022) on any specified in the particular application. requirements as set forth in Article 405 comments or motions filed. p. Agency Comments—Federal, state, of the project license. Article 405 The Commission’s Rules of Practice and local agencies are invited to file requires monthly minimum flows and Procedure require all interveners comments on the described application. ranging from 9 cubic feet per second filing a document with the Commission A copy of the application may be (cfs) to 24 cfs; for August and September to serve a copy of that document on obtained by agencies directly from the the flow requirement is 17 cfs and 24 each person in the official service list Applicant. If an agency does not file cfs, respectively. As a result of drought for the project. Further, if an intervener comments within the time specified for conditions in Southeast Alaska and files comments or documents with the filing comments, it will be presumed to Prince of Wales Island caused by lower Commission relating to the merits of an have no comments. One copy of an than normal snow pack and minimal issue that may affect the responsibilities agency’s comments must also be sent to rainfall during the spring and summer of a particular resource agency, they the Applicant’s representatives. months, the licensee has not been able must also serve a copy of the document to maintain the required August flows on that resource agency. Linda Mitry, even though Black Bear Lake has been k. Description of Transfer: NSP and Acting Secretary. drawn down greater than the 15 feet the City, co-licensees, seek Commission [FR Doc. 03–22356 Filed 8–29–03; 8:45 am] allowed under the license. Currently the approval to transfer the license for the BILLING CODE 6717–01–P licensee has reduced flows to 4.5 cfs Dells Hydroelectric Project from NSP and requests approval to continue this and the City to NSP. NSP has exercised release through the remainder of a purchase option for all of the City’s DEPARTMENT OF ENERGY August, until inflow to Black Bear Lake interest in the project and seeks to increases. However, prolonged drought become the sole licensee for the project. Federal Energy Regulatory conditions may necessitate a l. This filing is available for review at Commission continuation of reduced flow. The the Commission in the Public Reference Notice of Application for Amendment licensee has consulted with the Room or may be viewed on the of License and Soliciting Comments, appropriate resource agencies, and these Commission’s Web site at http:// Motions To Intervene, and Protests agencies are in agreement with the www.ferc.gov using the ‘‘eLibrary’’ link. licensee=s mode of operation during Enter the docket number excluding the August 26, 2003. this drought. last three digits in the docket number Take notice that the following l. The filings are available for review field to access the document. For application has been filed with the at the Commission in the Public assistance, call toll-free 1–866–208– Commission and is available for public Reference Room or may be viewed on 3676 or e-mail inspection: the Commission’s Web site at http:// [email protected]. For TTY, a. Type of Application: Request for www.ferc.gov using the AFERRIS@ link. call (202) 502–8659. A copy is also Temporary Variance of Minimum Flow Enter the docket number excluding the available for inspection and Requirement. last three digits in the docket number reproduction at the addresses in item h. b. Project No: 10440–085. field to access the document. For VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52208 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices assistance, call toll-free 1–866–208– be sent to the Applicant’s Air Programs Branch, Division of 3676 or e-mail representatives. Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 25th [email protected]. For TTY, Linda Mitry, call (202) 502–8659. A copy is also Floor, New York, New York 10007– Acting Secretary. available for inspection and 1866, telephone (212) 637–4074. [FR Doc. 03–22357 Filed 8–29–03; 8:45 am] reproduction at the addresses in item h. SUPPLEMENTARY INFORMATION: The Act BILLING CODE 6717–01–P m. Individuals desiring to be included affords EPA a 45-day period to review, on the Commission’s mailing list should and object to as appropriate, operating permits proposed by State permitting so indicate by writing to the Secretary ENVIRONMENTAL PROTECTION authorities. Section 505(b)(2) of the Act of the Commission. AGENCY authorizes any person to petition the n. Comments, Protests, or Motions to Regional Docket Nos. II–2002–01, –02 FRL– EPA Administrator within 60 days after Intervene—Anyone may submit 7552–1] the expiration of this review period to comments, a protest, or a motion to object to State operating permits if EPA intervene in accordance with the Clean Air Act Operating Permit has not done so. Petitions must be based requirements of Rules of Practice and Program; Petitions for Objection to only on objections to the permit that Procedure, 18 CFR 385.210, .211, .214. State Operating Permits for the were raised with reasonable specificity In determining the appropriate action to Dunkirk Steam Generating Station; the during the public comment period take, the Commission will consider all Huntley Generating Station provided by the State, unless the protests or other comments filed, but AGENCY: Environmental Protection petitioner demonstrates that it was only those who file a motion to Agency (EPA). impracticable to raise these issues intervene in accordance with the ACTION: Notice of final orders on during the comment period or the Commission’s Rules may become a petitions to object to two State operating grounds for the issues arose after this party to the proceeding. Any comments, permits. period. protests, or motions to intervene must SUMMARY: I. Dunkirk Steam Generating Station be received on or before the specified This document announces that the EPA Administrator has comment date for the particular On January 11, 2002, the EPA responded to two citizen petitions application. received a petition from NYPIRG, asking EPA to object to operating requesting that EPA object to the o. Filing and Service of Responsive permits issued to two facilities by the issuance of the title V operating permit Documents—Any filings must bear in New York State Department of for Dunkirk Steam Generating Station. all capital letters the title Environmental Conservation (NYSDEC). The petition raises issues regarding the ‘‘COMMENTS’’, Specifically, the Administrator has permit application, the permit issuance ‘‘RECOMMENDATIONS FOR TERMS partially granted and partially denied process, and the permit itself. NYPIRG AND CONDITIONS’’, ‘‘PROTEST’’, OR each of the petitions submitted by the asserts that: (1) The permit lacks a ‘‘MOTION TO INTERVENE’’, as New York Public Interest Research compliance schedule to address notices applicable, and the Project Number of Group (NYPIRG) to object to each of the of violations issued for alleged opacity the particular application to which the State operating permits issued to the violations and violations under the filing refers. Any of the above-named following facilities: Dunkirk Steam Prevention of Significant Deterioration documents must be filed by providing Generating Station in Dunkirk, NY, and of Air Quality (PSD) regulations; (2) an original and eight copies to: The Huntley Generating Station in DEC improperly denied NYPIRG’s Secretary, Federal Energy Regulatory Tonawanda, NY. request for a public hearing on the Pursuant to section 505(b)(2) of the Commission, 888 First Street, NE., permit; (3) the permit is based on an Clean Air Act (Act), Petitioner may seek Washington, DC 20426. A copy of any incomplete permit application in judicial review of those portions of the motion to intervene must also be served violation of 40 CFR 70.5(c); (4) the petitions which EPA denied in the permit distorts annual certification upon each representative of the United States Court of Appeals for the Applicant specified in the particular requirements; (5) the permit does not appropriate circuit. Any petition for require prompt reporting of any application. review shall be filed within 60 days deviations from permit requirements as Comments, protests and interventions from the date this notice appears in the mandated by 40 CFR 70.6(a)(3)(iii)(B); may be filed electronically via the Federal Register, pursuant to section (6) the permit’s startup/shutdown, Internet in lieu of paper; see 18 CFR 307 of the Act. malfunction, maintenance, and upset 385.2001(a)(1)(iii) and the instructions ADDRESSES: You may review copies of provision violates part 70; (7) the permit on the Commission’s Web site under the the final orders, the petitions, and other fails to include federally enforceable ‘‘e-Filing’’ link. The Commission supporting information at the EPA emission limits established under pre- strongly encourages electronic filings. Region 2 Office, 290 Broadway, New existing permits; and (8) the permit p. Agency Comments: Federal, state, York, New York 10007–1866. If you lacks monitoring sufficient to assure the wish to examine these documents, you and local agencies are invited to file facility’s compliance with all applicable should make an appointment at least 24 comments on the described requirements. hours before visiting day. Additionally, applications. A copy of the applications On July 31, 2003, the Administrator the final orders for the Dunkirk Steam issued an order partially granting and may be obtained by agencies directly Generating Station, and the Huntley partially denying the petition on the from the Applicant. If an agency does Generating Station are available Dunkirk Steam Generating Station. The not file comments within the time electronically at: http://www.epa.gov/ order explains the reasons behind EPA’s specified for filing comments, it will be region07/programs/artd/air/title5/ conclusion that the NYSDEC must presumed to have no comments. One petitiondb/petitiondb2002.htm. reopen the permit to: (1) Move a startup/ copy of an agency’s comments must also FOR FURTHER INFORMATION CONTACT: shutdown, malfunction, maintenance, Steven Riva, Chief, Permitting Section, and upset provision from the federal VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52209 side to the State-side of the permit; (2) Dated: August 8, 2003. with background information, will be either incorporate into the title V William J. Muszynski, published on the DRBC Web site, http:/ permits provisions from pre-existing Acting Regional Administrator, Region 2. /www.drbc.net. The September 22 permits, or delete such applicable [FR Doc. 03–22316 Filed 8–29–03; 8:45 am] informational meeting will be held at requirements by following the requisite BILLING CODE 6560–50–P the Carvel State Office Building, 820 public participation procedures (pre- North French Street, 2nd Floor, existing permit conditions relating to Wilmington, Delaware. The September the ash silo, spray paint booth, ENVIRONMENTAL PROTECTION 24 informational meeting will be held at emergency generators, amount of sludge AGENCY the NJDEP Office, Public Hearing Room, 401 East State Street, Trenton, New burned, and boilers 1 through 4); and (3) [FRL–7549–9] establish and monitor operating Jersey. parameters at each electrostatic Clean Water Act section 303(d): Notice The September 25 informational precipitator to assure compliance of of Availability of 4 Total Maximum meeting will be held at the PADEP particulate matter emissions from the Daily Loads (TMDLs), Informational Southeast Regional Office, Lee Park, facility boilers. The order also explains Meetings and Public Hearing Hearing Room, 555 North Lane, the reasons for denying NYPIRG’s Conshohocken, Pennsylvania. The remaining claims. AGENCY: Environmental Protection October 16 public hearing will be held Agency (EPA). at the Independence Visitor Center, II. Huntley Generating Station ACTION: Notice of availability, request Independence Ballroom, 2nd Floor, One for comment, informational meetings North Independence Mall West (6th & On January 7, 2002, the EPA received and public hearing. Market), Philadelphia, Pennsylvania. a petition from NYPIRG, requesting that FOR FURTHER INFORMATION CONTACT: EPA object to the issuance of the title V SUMMARY: This notice announces the Susan Schulz, EPA Region 2, at 212– operating permit for the Huntley date of availability for comment of four 637–3829; Mary Kuo, EPA Region 3, at Generating Station. NYPIRG raises each draft total maximum daily loads 215–814–5721; Pamela Bush, DRBC, at of the above eight issues in its petition (TMDLs) being established under 609–883–9500 x203. for the Huntley Generating Station, as section 303(d) of the Clean Water Act SUPPLEMENTARY INFORMATION: The well. In addition, NYPIRG raises three for polychlorinated biphenyls (PCBs) in USEPA proposes to establish TMDLs for additional issues in the petition for the Delaware River Zones 2 through 5 (from PCBs in the Delaware River. Technical Huntley Generating Station: (1) The Trenton, New Jersey to the head of development and interstate permit lacks federally enforceable Delaware Bay). The U.S. Environmental coordination necessary to support the conditions that govern the procedures Protection Agency (EPA), jointly with TMDLs has been provided by DRBC. for permit renewal; (2) the permit the Delaware Department of Natural Issuance of the TMDLs is required by inappropriately placed compliance Resources and Environmental Control December 15, 2003, pursuant to a May requirements that pertain to the ash silo (DNREC), the New Jersey Department of 1997 Consent Decree and Settlement in the State-only side of the permit; and Environmental Protection (NJDEP), the Agreement in an action entitled (3) the proposed permit improperly Pennsylvania Department of American Littoral Society and Sierra describes the annual compliance Environmental Protection (PADEP), and Club v. the United States Environmental certification process. On July 31, 2003, the Delaware River Basin Commission Protection Agency et al., which decree the Administrator issued an order (DRBC), will hold three informational establishes dates for the adoption of partially granting and partially denying meetings and a single public hearing on TMDLs in the State of Delaware. The the petition. The order explains the the proposed TMDLs, which will be December 15, 2003 deadline will satisfy reasons behind EPA’s conclusion that established in final form by December a revised Memorandum of Agreement the NYSDEC must reopen the permit to: 15, 2003. between EPA and NJDEP, dated (1) Incorporate into the permit prompt DATES: Electronic and faxed comments September 16, 2002, which provides for reporting of violations relating to boiler must be received by, and mailed completion of the TMDLs in New Jersey particulate matter requirements; (2) comments must be postmarked no later by December 31, 2003. A Memorandum move a startup/shutdown, malfunction, than, October 21, 2003. Electronic of Understanding between EPA and maintenance, and upset provision from submission of comments is encouraged. PADEP, dated April 7, 1997, provides the federal side to the State-side of the The dates of the three informational for the adoption of certain TMDLs in permit; (3) either incorporate into the meetings are as follows: September 22, Pennsylvania, including the TMDLs for title V permits provisions from pre- 24 and 25, 2003, from 7 to 9 p.m. The PCBs in the Delaware River, within ten existing permits, or delete such public hearing on the TMDLs will be years. No deadline was set for requirements by following the requisite held on October 16, 2003, from 7 to 9 completion of the Pennsylvania TMDLs. public participation procedures (pre- p.m and may be extended, if necessary. Following review and appropriate existing permit conditions relating to The draft TMDLs, along with consideration of public comments, EPA the facility boilers, welding booths and background information, will be will establish in final form TMDLs for tables, and the wastewater treatment published electronically on or before PCBs in the Delaware River. EPA then plant lime silo); (4) incorporate September 15, 2003. will forward the TMDLs to DNREC, additional parametric monitoring of ADDRESSES: By the deadlines set out NJDEP and PADEP, respectively. These particulate matter emissions from the above, written comments on the draft agencies will incorporate the TMDLs facility boilers; and (5) incorporate TMDLs should be sent electronically to into their current water quality additional monitoring, recordkeeping [email protected] or in hard management plans. and reporting of fugitive particulate copy to: Lenka Berlin, Office of The informational meetings on matter emissions from the coal handling Watersheds (3WP10), USEPA, 1650 September 22, 24 and 25 will begin with processes. The order also explains the Arch Street, Philadelphia, Pennsylvania a presentation by representatives of reasons for denying NYPIRG’s 19103–2029, or faxed to Lenka Berlin at EPA, the state environmental agency remaining claims. 215–814–2301. The draft TMDLs, along (DNREC, PADEP or NJDEP) and DRBC VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52210 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices and followed by an informal question meeting will be held at the Federal Impact on Increasing and answer session. The informational Communications Commission, Portals Contamination Threshold in Area meetings will not be conducted as part II, 445 12th Street, SW., Room TW– Codes 310 and 909 of the record. Comments for the record C305, Washington, DC. This meeting is 14. Update on ENUM from ENUM will be accepted at the public hearing open to members of the general public. Forum on October 16 and in writing as The FCC will attempt to accommodate 15. List of NANC Accomplishments described above during the comment as many participants as possible. The 16. Summary of Action Items period. No agency responses will be public may submit written statements to 17. Public Comments and Participation offered at the hearing. However, EPA the NANC, which must be received two (5 minutes per speaker) will review all data and information business days before the meeting. In 18. Other Business submitted during the comment period addition, oral statements at the meeting Adjourn no later than 5 p.m. and will revise the TMDLs as by parties or entities not represented on Federal Communications Commission. appropriate. A written response the NANC will be permitted to the Cheryl L. Callahan, document will be prepared prior to final extent time permits. Such statements Assistant Chief, Telecommunications Access EPA action. will be limited to five minutes in length Policy Division, Wireline Competition Bureau. by any one party or entity, and requests Walter E. Mugdan, [FR Doc. 03–22290 Filed 8–29–03; 8:45 am] to make an oral statement must be Director, Division of Environmental Planning received two business days before the BILLING CODE 6712–01–P and Protection, Region 2. meeting. John A. Armstead, Acting Director, Water Protection Division, Proposed Agenda—Thursday, FEDERAL LABOR RELATIONS Region 3. September 25, 2003, 9 a.m. AUTHORITY [FR Doc. 03–22162 Filed 8–29–03; 8:45 am] 1. Announcements and Recent News BILLING CODE 6560–50–P —New NANC Members Membership of the Federal Labor 2. Approval of Minutes Relations Authority’s Senior Executive —Meeting of May 13, 2003 Service Performance Review Board —Meeting of July 15, 2003 FEDERAL COMMUNICATIONS AGENCY: Federal Labor Relations 3. Report from Summer Sleuths COMMISSION Authority. regarding Number Exhaust [CC Docket No. 92–237; DA 03–2739] Solutions ACTION: Notice. 4. Report of Cost Recovery Working Next Meeting of the North American SUMMARY: Notice is hereby given of the Numbering Council Group members of the Performance Review 5. Report from NBANC Board. AGENCY: Federal Communications 6. Report of NAPM, LLC status Commission. 7. Report of 3-Digit DIG IMG DATE: September 2, 2003. ACTION: Notice. —Pros and cons of N11 and 344 FOR FURTHER INFORMATION CONTACT: Dan —Cost estimates and cost recovery Ellerman, Director; Human Resources SUMMARY: On August 27, 2003, the 8. Report of National Thousands Block Division; Federal Labor Relations Commission released a public notice Pooling Administrator Authority (FLRA); 1400 K Street, NW., announcing the September 25, 2003 —Activity report Washington, DC 20424–0001; (202) 218– meeting and agenda of the North 9. Status of Industry Numbering 7963. American Numbering Council (NANC). Committtee (INC) activities SUPPLEMENTARY INFORMATION: Section The intended effect of this action is to —VoIP Workshop 4314(c)(1) through (5) of title 5, U.S.C., make the public aware of the NANC’s —Analysis of multiple LRNs for requires that each agency establish, in next meeting and its agenda. multiple tandems; alternatives accordance with the regulations —Issues associated with PA change DATES: Thursday, September 25, 2003, 9 prescribed by the Office of Personnel orders a.m. Management, one or more Performance —Porting of wireless grandfathered ADDRESSES: Telecommunications Review Boards. The Boards shall review numbers Access Policy Division, Wireline and evaluate the initial appraisal of a 10. Report of Local Number Portability Competition Bureau, Federal senior executive. The following persons Administration (LNPA) Working Communications Commission, The will serve on the FLRA’s FY 2003 Group Portals II, 445 12th Street, SW., Suite 5– Performance Review Board: Barbara —Wireless Number Portability A420, Washington, DC 20554. Requests Reed Bradford, Deputy Director, U.S. Operations (WNPO) Subcommittee to make an oral statement or provide Trade and Development Agency; Doris 11. Report of the North American written comments to the NANC should Brown, Human Resources Officer, Numbering Plan Administrator be sent to Deborah Blue. International Trade Commission, (NANPA) FOR FURTHER INFORMATION CONTACT: —CO Code Activity Department of Commerce; Jill M. Deborah Blue, Special Assistant to the —NPA Relief Report Crumpacker, Director, Policy, Planning Designated Federal Officer (DFO) at —NRUF Update & Performance Management, Federal (202) 418–1466 or [email protected]. The —Conference call regarding INC’s Labor Relations Authority; David A. fax number is: (202) 418–2345. The TTY technical analysis of LRN on Dobbs, Deputy Assistant Inspector number is: (202) 418–0484. multiple tandems General for Aviation, Office of the SUPPLEMENTARY INFORMATION: Released: 12. Report of Oversight Working Group Inspector General, Department of August 27, 2003. —Change Order review Transportation; and Joe Schimansky, The North American Numbering —Status of NANPA and PA annual Executive Director, Federal Service Council (NANC) has scheduled a reviews Impasses Panel, Federal Labor Relations meeting to be held Thursday, September 13. New assignment from FCC: Report to Authority. 25, 2003, from 9 a.m. until 5 p.m. The FCC by April 30, 2004 regarding Authority: 5 U.S.C. 4134(c)(4). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52211 Dated: August 26, 2003. where they need to conduct business. announces the following advisory Dan Ellerman, After an analysis of this additional data, committee meeting. Director, Human Resources Division. the maximum lodging amount Name: National Committee on Vital and [FR Doc. 03–22238 Filed 8–29–03; 8:45 am] published in the Federal Register at 67 Health Statistics (NCVHS). BILLING CODE 6727–01–U FR 56160, August 30, 2002, and Time and Date: amended at 67 FR 69634, November 18, 2002, 68 FR 25034, May 9, 2003, and 68 September 23, 2003 9 a.m.–4:30 p.m. September 24, 2003 1 p.m.–3 p.m. GENERAL SERVICES FR 31706, May 28, 2003, is being changed in the following locations: Place: Hubert H. Humphrey Building, 200 ADMINISTRATION Independence Avenue SW., Room 705A, State of Texas Maximum Per Diem Rates for Texas Washington, DC 20201. • Status: Open. and California Arlington/Grapevine, including Tarrant County. Purpose: At this meeting the Committee AGENCY: Office of Governmentwide • Dallas, including Dallas County. will hear presentations and hold discussions Policy, General Services Administration • City limits of Forth Worth. on several health data policy topics. On the (GSA). morning of the first day the full Committee State of California will hear updates and status reports from the ACTION: Notice of Per Diem Bulletin 03– • 4, revised continental United States Los Angeles, including Los Angeles, Department on several topics including an (CONUS) per diem rates. Orange and Ventura Counties, Edwards update on HHS Data Council activities, and AFB; Naval Weapons Center and the adoption of data standards including SUMMARY: To improve the ability of the Ordnance Test Station, China Lake. clinical data standards. A presentation on an per diem rates to meet the lodging • Oakland, including Alameda ICD 10 impact study is also planned with a demands of Federal travelers to high County. subsequent discussion. In the afternoon there • cost travel locations, the General Sacramento, including Sacramento will be reports from Subcommittees on Services Administration (GSA) has County. selected activities. On the second day the • integrated the contracting mechanism of San Francisco, including San Committee will hear reports from the Francisco County. Subcommittees and discuss agendas for the new Federal Premier Lodging • Program (FPLP) into the per diem rate- San Mateo/Redwood City, future NCVHS meetings. including San Mateo County. The times shown above are for the full setting process. An analysis of FPLP • contracting actions and the lodging rate City limits of Santa Monica. Committee meeting. Subcommittee breakout • Sunnyvale/Palo Alto/San Jose, survey data reveals that the maximum sessions are scheduled for late in the including Santa Clara County. per diem rate should be adjusted to afternoon of the first day and in the morning provide for the reimbursement of B. Change in Standard Procedure prior to the full Committee meeting on the second day. Agendas for these breakout Federal employees’ lodging expenses Since per diem rates frequently sessions will be posted on the NCVHS Web covered by the per diem. The per diems change, effective April 28, 2003 (68 FR site (URL below) when available. prescribed in Bulletin 03–4 may be 22314), the Office of Governmentwide For Further Information Contact: found at http://www.gsa.gov/perdiem, to Policy (OGP), GSA, will issue/publish Substantive program information as well as be effective for travel 15 days after the CONUS per diem rates, formerly summaries of meetings and a roster of publication of this notice. published in Appendix A to 41 CFR committee members may be obtained from DATES: This notice is effective chapter 301, solely on the Internet at Marjorie S. Greenberg, Executive Secretary, September 2, 2003 and applies to travel http://www.gsa.gov/perdiem. This new NCVHS, National Center for Health Statistics, performed 15 days after this date. process will ensure more timely Centers for Disease Control and Prevention, FOR FURTHER INFORMATION CONTACT: For increases or decreases in per diem rates 3311 Toledo Road, Room 2402, Hyattsville, clarification of content, contact Patrick established by GSA for Federal Maryland 20782, telephone (301) 458–4245. McConnell, Office of Governmentwide employees on official travel within Information also is available on the NCVHS Policy, Travel Management Policy, at CONUS. This notice advises agencies of home page of the HHS Web site: http:// (202) 501–2362. Please cite Notice of Per revisions in per diem rates prescribed www.ncvhs.hhs.gov/, where further Diem Bulletin 03–4. by OGP for CONUS. Notices published information including an agenda will be SUPPLEMENTARY INFORMATION: periodically in the Federal Register, posted when available. such as this one, now constitute the Should you require reasonable A. Background only notification of revisions in CONUS accommodation, please contact the CDC In the past, properties in high cost per diem rates to agencies. Office of Equal Employment Opportunity on (301) 458–4EEO (4336) as soon as possible. travel areas have been under no Dated: August 22, 2003. obligation to provide lodging to Federal David Drabkin, Dated: August 25, 2003. travelers at the prescribed per diem rate. Acting Associate Administrator. James Scanlon, Thus, GSA established the FPLP to [FR Doc. 03–22240 Filed 8–29–03; 8:45 am] Acting Deputy Assistant Secretary for Science contract directly with properties in high BILLING CODE 6820–14–P and Data Policy, Office of the Assistant cost travel markets to make available a Secretary for Planning and Evaluation. set number of rooms to Federal travelers [FR Doc. 03–22300 Filed 8–29–03; 8:45 am] at contract rates. FPLP contract results along with the lodging survey data are DEPARTMENT OF HEALTH AND BILLING CODE 4151–05–M integrated together to determine HUMAN SERVICES reasonable per diem rates that more National Committee on Vital and Health accurately reflect lodging costs in these Statistics: Meeting areas. In addition, the FPLP enhances the Government’s ability to better meet Pursuant to the Federal Advisory its overall room night demand, and Committee Act, the Department of allows travelers to find lodging close to Health and Human Services (HHS) VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52212 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices DEPARTMENT OF HEALTH AND The Application for Registration will In addition to the standardized forms, HUMAN SERVICES be used by facilities to register with this regulation also outlines situations CDC. The Application for Registration in which an entity must notify or make Centers for Disease Control and requests facility information, a list of a request of the Secretary in writing and Prevention select agents in use, possession, or for CDC is requesting OMB approval to transfer by the facility, characterization collect this information. The regulation [30Day–67–03] of the select agent, and laboratory states that an entity must notify the information. Estimated average time to Proposed Data Collections Submitted Secretary in writing at least five complete this form is 3 hours, 45 for Public Comment and business days before destroying all minutes for an entity with one principal Recommendations select agent or toxin covered by a investigator working with one select certificate of registration. The estimated The Centers for Disease Control and agent. CDC estimates that entities will time to gather the information and Prevention (CDC) publishes a list of need an additional 45 minutes for each submit this notification is 30 minutes. information collection requests under additional investigator or select agent. An entity may also apply to the review by the Office of Management and BSL4 laboratories will also complete Secretary for an expedited review of an Budget (OMB) in compliance with the and submit Section 6 of the Application individual by the Attorney General. To Paperwork Reduction Act (44 U.S.C. for Registration. CDC is requesting OMB apply for this expedited review, an Chapter 35). To request a copy of these approval to add this section to the entity must submit a request in writing requests, call the CDC Reports Clearance Application for Registration because of to the Secretary establishing the need Officer at (404) 498–1210. Send written the unique data required for these for such action. The estimated time to comments to CDC, Desk Officer, Human facilities. We identified the need for this gather the information and submit this Resources and Housing Branch, New section during the registration process request is 30 minutes. Entities should be Executive Office Building, Room 10235, following the February, 2003 approval aware that CDC is not developing Washington, DC 20503 or by fax to (202) of the Application form. Although there standardized forms to use in these are less than 10 respondents for this 395–6974. Written comments should be situations. Rather, the entity should form, CDC has decided to voluntarily received within 30 days of this notice. provide the information as requested in comply with the Paperwork Reduction Proposed Project: Possession, Use, the appropriate section of the Act and seek OMB approval for this and Transfer of Select Agents and regulation. form. Estimated time to complete and Toxins (42 CFR part 73) (OMB Control As part of the safety requirements of No. 0920–0576)—Revision—Office of submit Section 6 is 2 hours. Facilities may amend their this regulation, the Responsible Official the Director (OD), Centers for Disease is required to conduct regular Control and Prevention (CDC). The registration if any changes occur in the information submitted to the Secretary. inspections (at least annually) of the Public Health Security and Bioterrorism To apply for an amendment to a laboratory where select agents and Preparedness and Response Act of 2002 certificate of registration, an entity must toxins are stored. The results of these (Public Law 107–188) specifies that the obtain the relevant portion of the inspections must be documented. CDC Secretary of Health and Human Services application package and submit the estimates that, on the average, such shall provide for the establishment and information requested in the package to documentation will take 1 hour. enforcement of standards and CDC. Estimated time to amend a procedures governing the possession, Also, as part of the safety registration package is 60 minutes. use, and transfer of select biological requirements of this regulation, the The Facility Notification Form must entity is required to record the identity agents and toxins. The Act specifies that be completed by facilities whenever facilities that possess, use, and transfer of the individual trained, the date of there is release of a select agent or theft training, and the means used to verify select agents register with the Secretary. or loss of a select agent. Estimated The Secretary has designated CDC as the that the employee understood the average time to complete this form is 60 training. Estimated time for this agency responsible for collecting this minutes. information. documentation is 2 hours per principal The Request for Exemption form will investigator. CDC is requesting continued OMB be used by facilities that are using select An entity or an individual may approval to collect this information agents in investigational new drug request administrative review of a through the use of five separate forms. testing or in cases of public health This request reflects revisions to the emergency. Estimated average time to decision denying or revoking either a forms approved in February, 2003 as a complete this form is 70 minutes. certification of registration or approval result of public comments to the Interim The Transfer of Select Agent Form based on a security risk assessment. Final Rules that CDC and USDA/APHIS will be used by facilities requesting This request must be in writing within published in February, 2003. These transfer of a select agent to their 30 calendar days after the adverse forms are: (1) Application for facilities and by the facility transferring decision. This request should include a Registration; (2) Facility Notification the agent. Estimated average time to statement of the factual basis for the Form; (3) Request for Exemption; (4) complete this form is 1 hour, 45 review. CDC estimates the time to Transfer of Select Agent form; and (5) minutes. prepare and submit such a request is 4 Clinical and Diagnostic Laboratory The Clinical and Diagnostic hours. Reporting Form. The revisions to the Laboratory Exemption Report will be Finally, an entity must implement a forms are primarily changes to the used by clinical and diagnostic system to ensure that certain records Guidance documents to clarify laboratories to notify the Secretary that and databases are accurate and that the instructions and the inclusion of a select agents identified as the result of authenticity of records may be verified. supplemental form to the Application diagnosis or proficiency testing have The time to implement such a system is form for Biosafety Level 4 (BSL4) been properly disposed of. Estimated estimated to average 4 hours. Total laboratories. CDC is requesting a 3-year average time to complete this form is 60 annualized burden for this data approval for this data collection. minutes. collection is 17,905 hours. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52213 Avg bur- Responses den CFR reference Data collection No. of per per re- respondents respondent sponse (in hrs.) 73.7(b) ...... Registration Application ...... 575 1 3.75 73.7(b) ...... BSL4 Supplement ...... 4 1 2 73.7(e) ...... Amendment to Registration Application ...... 575 2 1 73.17(a)(e) ...... Notification Form ...... 10 1 1 73.6(c-e) ...... Request for Exemption ...... 17 1 1.16 73.14 ...... Transfer of Select Agent ...... 575 5 1.75 73.6(a)(2) ...... Clinical and Diagnostic Laboratory Exemption Report ...... 1,000 4 1 73.7(i) ...... Notification of Inactivation ...... 6 1 30/60 73.8(g) ...... Request Expedited Review ...... 6 1 30/60 73.10(b) ...... Documentation of Self-inspection ...... 575 1 1 73.13(f) ...... Documentation of Training ...... 575 1 2 73.18 ...... Administrative Review ...... 14 1 4 73.15(d) ...... Ensure Secure Record keeping System ...... 575 1 30/60 Dated: August 25, 2003. Proposed Project with those who smoke non-menthol Nancy Cheal, Menthol Crossover Study—New— cigarettes; and it is not known whether Acting Associate Director for Policy, Planning National Center for Environmental increased cotinine and carbon and Evaluation, Centers for Disease Control Health (NCEH), Centers for Disease monoxide levels in people who smoke and Prevention. Control and Prevention (CDC). CDC menthol cigarettes are attributable to [FR Doc. 03–22254 Filed 8–29–03; 8:45 am] proposes a study to measure differences racial or ethnic differences, or a BILLING CODE 4163–18–P in African-American and Caucasian combination of multiple factors. In smokers in the dose and metabolism of addition, no previous study has chemicals in smoke from menthol and examined the differences between DEPARTMENT OF HEALTH AND non-menthol cigarettes. urinary levels of cancer-causing HUMAN SERVICES African-American smokers are more chemicals in people who smoke likely than Caucasian smokers to menthol or non-menthol cigarettes and Centers for Disease Control and develop some forms of cancer and to correlated these findings with smoke Prevention have shorter long-term survival after exposure intake estimates using salivary diagnosis. More than 65% of African cotinine and filter solanesol. [30Day–68–03] American smokers smoke menthol For this two-part crossover study, we cigarettes, compared with about 23% of will recruit African-American and Proposed Data Collections Submitted white smokers. Smoking menthol for Public Comment and cigarettes has been associated with Caucasian smokers of both sexes who Recommendations higher blood-cotinine levels. Cotinine is smoke either menthol or non-menthol a product of the metabolism of nicotine, cigarettes as study subjects. We will The Centers for Disease Control and and the higher cotinine levels suggest determine smoking history then Prevention (CDC) publishes a list of that menthol may enable a smoker to randomly assign each participant to information collection requests under obtain more nicotine from each smoking either menthol or non-menthol review by the Office of Management and cigarette. In addition, people who cigarettes for an initial 2-week period. Budget (OMB) in compliance with the smoke menthol cigarettes also have Study participants then will switch to Paperwork Reduction Act (44 U.S.C. higher levels of carbon monoxide in the opposite type of cigarette for the Chapter 35). To request a copy of these their breath than do people who smoke next 2 weeks. At baseline, and after each requests, call the CDC Reports Clearance non-menthol cigarettes, and an elevated 2-week period, we will measure the way Officer at (404) 498–1210. Send written carbon monoxide level is a risk factor the participants smoke the test cigarettes comments to CDC, Desk Officer, Human for cardiovascular disease. Additionally, to determine smoking topography. Resources and Housing Branch, New the presence of menthol in cigarettes Saliva, urine, and breath samples will Executive Office Building, Room 10235, may change the way people smoke be collected to measure by-products of Washington, DC 20503 or by fax to (202) cigarettes. smoking, and participants will complete 395–6974. Written comments should be All previous studies have compared a brief smoking-history questionnaire. received within 30 days of this notice. people who smoke menthol cigarettes There is no cost to respondents. Average No. of No. of burden/re- Total Forms respondents responses/re- sponse (in burden in spondent hours) hours Response to Flyer: Screening Interview Form ...... 200 1 5/60 17 Site Visits: Check in, Study Information, Visit 1, 2, 3 ...... 71 3 15/60 53 Consent Form, Questionnaire, Visit 1, 2, 3 ...... 71 3 15/60 53 Urine Sample and Saliva Sample, Visit 1, 2, 3 ...... 71 3 15/60 53 Breath Carbon monoxide (CO) Sample: Test Smoke 1, Breath CO Sample; Test Smoke 2, Breath CO Sample; Visit 1, 2, 3 ...... 71 3 45/60 160 Sample Test Cigarettes, Distribute Baggies & Cigarettes, Visit 1 and 2 ...... 71 2 15/60 36 Instructions and Check out, Visit 1 and 2 ...... 71 2 15/60 36 Smoking Cessation Advice, Visit 3 only ...... 71 1 15/60 18 VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52214 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Average No. of No. of burden/re- Total Forms respondents responses/re- sponse (in burden in spondent hours) hours Final Check Out, Visit 3 only ...... 71 1 15 18 Total ...... 444 Dated: August 25, 2003. SUPPLEMENTARY INFORMATION: The (Formerly: Forensic Toxicology Laboratory Nancy E. Cheal, Mandatory Guidelines were developed Baptist Medical Center); Acting Associate Director for Policy, in accordance with Executive Order Clinical Reference Lab, Planning, and Evaluation, Centers for Disease 12564 and section 503 of Pub. L. 100– 8433 Quivira Rd., Control and Prevention. 71. Subpart C of the Guidelines, Lenexa, KS 66215–2802, 800–445–6917; [FR Doc. 03–22255 Filed 8–29–03; 8:45 am] ‘‘Certification of Laboratories Engaged Diagnostic Services Inc., dba DSI, BILLING CODE 4163–18–P in Urine Drug Testing for Federal 12700 Westlinks Dr., Agencies,’’ sets strict standards that Fort Myers, FL 33913, laboratories must meet in order to 239–561–8200/800–735–5416; DEPARTMENT OF HEALTH AND conduct urine drug testing for Federal Doctors Laboratory, Inc., HUMAN SERVICES agencies. To become certified, an P.O. Box 2658, 2906 Julia Dr., applicant laboratory must undergo three Valdosta, GA 31602, Substance Abuse and Mental Health rounds of performance testing plus an 912–244–4468; Services Administration on-site inspection. DrugProof, Division of Dynacare/Laboratory To maintain that certification, a of Pathology, LLC, Current List of Laboratories Which 1229 Madison St., Suite 500, Nordstrom Meet Minimum Standards To Engage in laboratory must participate in a quarterly performance testing program Medical Tower, Urine Drug Testing for Federal Seattle, WA 98104, Agencies plus periodic, on-site inspections. 206–386–2661/800–898–0180 Laboratories which claim to be in the (Formerly: Laboratory of Pathology of Seattle, AGENCY: Substance Abuse and Mental applicant stage of certification are not to Inc., DrugProof, Division of Laboratory of Health Services Administration, HHS. be considered as meeting the minimum Pathology of Seattle, Inc.); ACTION: Notice. requirements expressed in the HHS DrugScan, Inc., Mandatory Guidelines. A laboratory P.O. Box 2969, 1119 Mearns Rd., SUMMARY: The Department of Health and must have its letter of certification from Warminster, PA 18974, Human Services (HHS) notifies Federal HHS/SAMHSA (formerly: HHS/NIDA) 215–674–9310; agencies of the laboratories currently which attests that it has met minimum Dynacare Kasper Medical Laboratories*, certified to meet the standards of standards. 10150–102 St., Suite 200, Edmonton, Alberta, Subpart C of the Mandatory Guidelines In accordance with Subpart C of the for Federal Workplace Drug Testing Canada TJ5 5E2, Mandatory Guidelines, the following 780–451–3702/800–661–9876; Programs (Mandatory Guidelines) laboratories meet the minimum published in the Federal Register on ElSohly Laboratories, Inc., standards set forth in the Mandatory 5 Industrial Park Dr., April 11, 1988 (53 FR 11970), and Guidelines: Oxford, MS 38655, revised in the Federal Register on June 662–236–2609; ACL Laboratories, 9, 1994 (59 FR 29908) and on September Express Analytical Labs, 30, 1997 (62 FR 51118). A notice listing 8901 W. Lincoln Ave., West Allis, WI 53227, 3405 7th Ave., Suite 106, all currently certified laboratories is 414–328–7840/800–877–7016 Marion, IA 52302, published in the Federal Register (Formerly: Bayshore Clinical Laboratory); 319–377–0500; during the first week of each month. If ACM Medical Laboratory, Inc., Gamma-Dynacare Medical Laboratories*, any laboratory’s certification is 160 Elmgrove Park, A Division of the Gamma-Dynacare suspended or revoked, the laboratory Rochester, NY 14624, Laboratory Partnership, will be omitted from subsequent lists 585–429–2264; 245 Pall Mall St., London, ONT, until such time as it is restored to full Advanced Toxicology Network, certification under the Mandatory Canada N6A 1P4, 3560 Air Center Cove, Suite 101, 519–679–1630; Guidelines. Memphis, TN 38118, If any laboratory has withdrawn from 901–794–5770/888–290–1150; * The Standards Council of Canada (SCC) voted HHS’ National Laboratory Certification Aegis Analytical Laboratories, Inc., to end its Laboratory Accreditation Program for Program (NLCP) during the past month, 345 Hill Ave., Substance Abuse (LAPSA) effective May 12, 1998. it will be listed at the end, and will be Nashville, TN 37210, Laboratories certified through that program were omitted from the monthly listing 615–255–2400; accredited to conduct forensic urine drug testing as Alliance Laboratory Services, required by U.S. Department of Transportation thereafter. (DOT) regulations. As of that date, the certification This notice is also available on the 3200 Burnet Ave., of those accredited Canadian laboratories will Internet at http://workplace.samhsa.gov Cincinnati, OH 45229, continue under DOT authority. The responsibility and http://www.drugfreeworkplace.gov 513–585–6870 for conducting quarterly performance testing plus (Formerly: Jewish Hospital of Cincinnati, periodic on-site inspections of those LAPSA- FOR FURTHER INFORMATION CONTACT: Mrs. Inc.); accredited laboratories was transferred to the U.S. Giselle Hersh or Dr. Walter Vogl, Baptist Medical Center-Toxicology HHS, with the HHS’ NLCP contractor continuing to Division of Workplace Programs, 5600 have an active role in the performance testing and Laboratory, laboratory inspection processes. Other Canadian Fishers Lane, Rockwall 2, Room 815, 9601 I–630, Exit 7, laboratories wishing to be considered for the NLCP Rockville, Maryland 20857; 301–443– Little Rock, AR 72205–7299, may apply directly to the NLCP contractor just as 6014 (voice), 301–443–3031 (fax). 501–202–2783 U.S. laboratories do. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52215 General Medical Laboratories, 1100 California Ave., (Formerly: SmithKline Beecham Clinical 36 South Brooks St., Bakersfield, CA 93304, Laboratories; International Toxicology Madison, WI 53715, 661–322–4250/800–350–3515; Laboratories); 608–267–6225; Northwest Drug Testing, a Division of NWT Quest Diagnostics Incorporated, Kroll Laboratory Specialists, Inc., Inc., 7600 Tyrone Ave., 1111 Newton St., 1141 E. 3900 S., Van Nuys, CA 91405, Gretna, LA 70053, Salt Lake City, UT 84124, 818–989–2520/800–877–2520 504–361–8989/800–433–3823 801–293–2300/800–322–3361, (Formerly: SmithKline Beecham Clinical (Formerly: Laboratory Specialists, Inc.); (Formerly: NWT Drug Testing, NorthWest Laboratories); Toxicology, Inc.); LabOne, Inc., Scientific Testing Laboratories, Inc., 10101 Renner Blvd., One Source Toxicology Laboratory, Inc., 450 Southlake Blvd., Lenexa, KS 66219, 1705 Center St., Richmond, VA 23236, 913–888–3927/800–873–8845, Deer Park, TX 77536, 804–378–9130; 713–920–2559, (Formerly: Center for Laboratory Services, a Sciteck Clinical Laboratories, Inc., (Formerly: University of Texas Medical Division of LabOne, Inc.); 317 Rutledge Rd., Laboratory Corporation of America Holdings, Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory); Fletcher, NC 28732, 7207 N. Gessner Rd., 828–650–0409; Houston, TX 77040, Oregon Medical Laboratories, P.O. Box 972, 722 East 11th Ave., S.E.D. Medical Laboratories, 713–856–8288/800–800–2387; 5601 Office Blvd., Laboratory Corporation of America Holdings, Eugene, OR 97440–0972, 541–687–2134; Albuquerque, NM 87109, 69 First Ave., 505–727–6300/800–999–5227; Pacific Toxicology Laboratories, Raritan, NJ 08869, South Bend Medical Foundation, Inc., 908–526–2400/800–437–4986, 9348 DeSoto Ave., Chatsworth, CA 91311, 530 N. Lafayette Blvd., (Formerly: Roche Biomedical Laboratories, South Bend, IN 46601, Inc.); 800–328–6942, (Formerly: Centinela Hospital Airport 574–234–4176 x276; Laboratory Corporation of America Holdings, Toxicology Laboratory); Southwest Laboratories, 1904 Alexander Dr., 2727 W. Baseline Rd., Research Triangle Park, NC 27709, Pathology Associates Medical Laboratories, 110 West Cliff Dr., Tempe, AZ 85283, 919–572–6900/800–833–3984, 602–438–8507/800–279–0027; (Formerly: LabCorp Occupational Testing Spokane, WA 99204, Services, Inc., CompuChem Laboratories, 509–755–8991/800–541–7891x8991; Sparrow Health System, Inc.; CompuChem Laboratories, Inc., A PharmChem Laboratories, Inc., Toxicology Testing Center, St. Lawrence Subsidiary of Roche Biomedical 4600 N. Beach, Campus, Laboratory; Roche CompuChem Haltom City, TX 76137, 1210 W. Saginaw, Laboratories, Inc., A Member of the Roche 817–605–5300, Lansing, MI 48915, Group); (Formerly: PharmChem Laboratories, Inc., 517–377–0520 Texas Division; Harris Medical (Formerly: St. Lawrence Hospital & Laboratory Corporation of America Holdings, Healthcare System); 10788 Roselle St., Laboratory); San Diego, CA 92121, Physicians Reference Laboratory, St. Anthony Hospital Toxicology Laboratory, 800–882–7272, 7800 West 110th St., 1000 N. Lee St., (Formerly: Poisonlab, Inc.); Overland Park, KS 66210, Oklahoma City, OK 73101, 405–272–7052; Laboratory Corporation of America Holdings, 913–339–0372/800–821–3627; 1120 Stateline Rd. West, Quest Diagnostics Incorporated, Sure-Test Laboratories, Inc., Southaven, MS 38671, 3175 Presidential Dr., 2900 Broad Ave., 866–827–8042/800–233–6339 , Atlanta, GA 30340, Memphis, TN 38112, (Formerly: LabCorp Occupational Testing 770–452–1590/800–729–6432 901–474–6026; Services, Inc.; MedExpress/National (Formerly: SmithKline Beecham Clinical Toxicology & Drug Monitoring Laboratory, Laboratory Center); Laboratories; SmithKline Bio-Science University of Missouri Hospital & Clinics, Laboratories); Marshfield Laboratories, 2703 Clark Lane, Suite B, Lower Level, Forensic Toxicology Laboratory, Quest Diagnostics Incorporated, Columbia, MO 65202, 1000 North Oak Ave., 4770 Regent Blvd., 573–882–1273; Marshfield, WI 54449, Irving, TX 75063, Toxicology Testing Service, Inc., 715–389–3734/800–331–3734; 800–824–6152, 5426 N.W. 79th Ave., (Moved from the Dallas location on 03/31/01; Miami, FL 33166, MAXXAM Analytics Inc.*, Formerly: SmithKline Beecham Clinical 5540 McAdam Rd., 305–593–2260; Laboratories; SmithKline Bio-Science US Army Forensic Toxicology Drug Testing Mississauga, ON, Laboratories); Canada L4Z 1P1, Laboratory, 905–890–2555, Quest Diagnostics Incorporated, 2490 Wilson St., (Formerly: NOVAMANN (Ontario) Inc.); 4230 South Burnham Ave., Suite 250, Fort George G. Meade, MD 20755–5235, Las Vegas, NV 89119–5412, 301–677–7085. MedTox Laboratories, Inc., 702–733–7866/800–433–2750, 402 W. County Rd. D, (Formerly: Associated Pathologists Upon finding a Canadian laboratory to St. Paul, MN 55112, Laboratories, Inc.); 651–636–7466/800–832–3244; be qualified, HHS will recommend that Quest Diagnostics Incorporated, DOT certify the laboratory (Federal MetroLab-Legacy Laboratory Services, 400 Egypt Rd., Register, July 16, 1996) as meeting the 1225 NE 2nd Ave., Norristown, PA 19403,610–631–4600/877– Portland, OR 97232, ´ minimum standards of the Mandatory 642–2216 Guidelines published in the Federal 503–413–5295/800–950–5295; (Formerly: SmithKline Beecham Clinical Minneapolis Veterans Affairs Medical Center, Laboratories; SmithKline Bio-Science Register on June 9, 1994 (59 FR 29908) Forensic Toxicology Laboratory, Laboratories); and on September 30, 1997 (62 FR 1 Veterans Dr., Quest Diagnostics Incorporated, 51118). After receiving DOT Minneapolis, MN 55417, 506 E. State Pkwy., certification, the laboratory will be 612–725–2088; Schaumburg, IL 60173, included in the monthly list of HHS National Toxicology Laboratories, Inc., 800–669–6995/847–885–2010 certified laboratories and participate in VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52216 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices the NLCP certification maintenance (713) 671–5199, Commander Tom written materials distributed to each program. Marian, Executive Secretary of member of the committee in advance of HOGANSAC, telephone (713) 671–5164, the meeting, you should send your Anna Marsh, or Lieutenant (LT) Kelly Tobey, request along with 15 copies of the Acting Executive Officer, SAMHSA. assistant to the Executive Secretary of materials to the Coast Guard at least 10 [FR Doc. 03–22374 Filed 8–29–03; 8:45 am] HOGANSAC, telephone (713) 671–5155, working days before the meeting at BILLING CODE 4160–20–P e-mail [email protected]. which the presentation will be made. SUPPLEMENTARY INFORMATION: Notice of Information on Services for the these meetings is given pursuant to the Handicapped DEPARTMENT OF HOMELAND Federal Advisory Committee Act, 5 SECURITY U.S.C. App. 2. For information on facilities or services for the handicapped or to Coast Guard Agendas of the Meetings request special assistance at the meetings, contact the Executive [CGD08–03–034] Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC). The Director, Executive Secretary, or Houston/Galveston Navigation Safety tentative agenda includes the following: assistant to the Executive Secretary as Advisory Committee Meetings (1) Opening remarks by the soon as possible. Committee Sponsor (RADM Duncan) (or Dated: August 20, 2003. AGENCY: Coast Guard, DHS. the Committee Sponsor’s J.W. Stark, ACTION: Notice of meetings. representative), Executive Director Captain, U.S. Coast Guard, Commander, 8th (CAPT Kaser) and Chairman (Tim SUMMARY: The Houston/Galveston Coast Guard Dist., Acting. Leitzell). [FR Doc. 03–22205 Filed 8–29–03; 8:45 am] Navigation Safety Advisory Committee (2) Approval of the June 5, 2003 (HOGANSAC) and its working groups minutes. BILLING CODE 4910–15–P will meet to discuss waterway (3) Old Business: improvements, aids to navigation, area (a) Dredging projects. projects impacting safety on the DEPARTMENT OF HOMELAND (b) Electronic navigation. SECURITY Houston Ship Channel, and various (c) AtoN (Aids to Navigation) other navigation safety matters in the Knockdown Working Group. Federal Emergency Management Galveston Bay area. All meetings will be (d) Mooring subcommittee report. Agency open to the public. (e) Texas City Container Terminal DATES: The next meeting of HOGANSAC Update. [FEMA–1481–DR] will be held on Thursday, October 9, (f) Education initiative. (g) Port Security Subcommittee report. Florida; Amendment No. 1 to Notice of 2003, from 9 a.m. to 12 a.m. (noon). The a Major Disaster Declaration meeting of the Committee’s working (h) Bridge Allision Prevention groups will be held on Thursday, Working Group. AGENCY: Federal Emergency September 25, 2003, at 9 a.m. to 11 a.m. (4) New Business. Management Agency, Emergency The meetings may adjourn early if all Working Groups Meeting. The Preparedness and Response Directorate, business is finished. Members of the tentative agenda for the working groups Department of Homeland Security. meeting includes the following: public may present written or oral ACTION: Notice. statements at either meeting. Requests to (1) Presentation by each working make oral presentations or distribute group of its accomplishments and plans SUMMARY: This notice amends the notice written materials should reach the Coast for the future. of a major disaster declaration for the Guard 5 working days before the (2) Review and discuss the work State of Florida (FEMA–1481–DR), meeting at which the presentation will completed by each working group. dated July 29, 2003, and related be made. Requests to have written Procedural determinations. materials distributed to each member of Working groups have been formed to EFFECTIVE DATE: August 21, 2003. the committee in advance of the meeting examine the following issues: dredging FOR FURTHER INFORMATION CONTACT: should reach the Coast Guard at least 10 and related issues, electronic navigation Magda Ruiz, Recovery Division, Federal working days before the meeting at systems, AtoN knockdowns, impact of Emergency Management Agency, which the presentation will be made. passing vessels on moored ships, boater Washington, DC 20472, (202) 646–2705. ADDRESSES: The full Committee meeting education issues, and port security. Not SUPPLEMENTARY INFORMATION: The notice will be held at the Houston Yacht Club, all working groups will provide a report of a major disaster declaration for the 3620 Miramar Drive, La Porte, Texas at this session. Further, working group State of Florida is hereby amended to (281) 471–1255. The working groups reports may not necessarily include include the following area among those meeting will be held at the Port of Texas discussions on all issues within the areas determined to have been adversely City, 2425 Highway 146 North, Texas particular working group’s area of affected by the catastrophe declared a City, Texas (409) 945–4461. Written responsibility. All meetings are open to major disaster by the President in his materials and requests to make the public. Please note that the meetings declaration of July 29, 2003: presentations should be sent to may adjourn early if all business is Pasco County for Public Assistance. Commanding Officer, VTS Houston- finished. Galveston, Attn: LT Tobey, 9640 Clinton Members of the public may make (The following Catalog of Federal Domestic Drive, Floor 2, Houston, TX 77029. This presentations, oral or written, at either Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, notice is available on the Internet at meeting. Requests to make oral or http://dms.dot.gov. Community Disaster Loans; 83.538, Cora written presentations should reach the Brown Fund Program; 83.539, Crisis FOR FURTHER INFORMATION CONTACT: Coast Guard 5 working days before the Counseling; 83.540, Disaster Legal Services Captain Richard Kaser, Executive meeting at which the presentation will Program; 83.541, Disaster Unemployment Director of HOGANSAC, telephone be made. If you would like to have Assistance (DUA); 83.556, Fire Management VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52217 Assistance; 83.558, Individual and DEPARTMENT OF HOMELAND dated July 11, 2003, and related Household Housing; 83.559, Individual and SECURITY determinations. Household Disaster Housing Operations, EFFECTIVE DATE: August 12, 2003. 83.560, Individual and Household Program- Federal Emergency Management Other Needs; 83.544, Public Assistance Agency FOR FURTHER INFORMATION CONTACT: Grants; 83.548, Hazard Mitigation Grant Magda Ruiz, Recovery Division, Federal Program.) [FEMA–1476–DR] Emergency Management Agency, Washington, DC 20472, (202) 646–2705. Michael D. Brown, Indiana; Amendment No. 5 to Notice of Under Secretary, Emergency Preparedness a Major Disaster Declaration SUPPLEMENTARY INFORMATION: The notice and Response, Department of Homeland of a major disaster declaration for the Security. AGENCY: Federal Emergency State of Indiana is hereby amended to [FR Doc. 03–22264 Filed 8–29–03; 8:45 am] Management Agency, Emergency include the following areas among those BILLING CODE 6718–02–P Preparedness and Response Directorate, areas determined to have been adversely Department of Homeland Security. affected by the catastrophe declared a ACTION: Notice. major disaster by the President in his DEPARTMENT OF HOMELAND declaration of July 11, 2003: SUMMARY: This notice amends the notice SECURITY of a major disaster for the State of Fountain, Wabash, and White Counties for Indiana (FEMA–1476–DR), dated July Public Assistance (already designated for Federal Emergency Management Individual Assistance.) Agency 11, 2003, and related determinations. Greene County for Public Assistance. EFFECTIVE DATE: August 6, 2003. (The following Catalog of Federal Domestic [FEMA–1481–DR] FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used Magda Ruiz, Recovery Division, Federal for reporting and drawing funds: 83.537, Florida; Amendment No. 2 to Notice of Emergency Management Agency, Community Disaster Loans; 83.538, Cora a Major Disaster Declaration Washington, DC 20472, (202) 646–2705. Brown Fund Program; 83.539, Crisis SUPPLEMENTARY INFORMATION: Notice is Counseling; 83.540, Disaster Legal Services AGENCY: Federal Emergency hereby given that the incident period for Program; 83.541, Disaster Unemployment Management Agency, Emergency this disaster is closed effective August 6, Assistance (DUA); 83.556, Fire Management Assistance; 83.558, Individual and Preparedness and Response Directorate, 2003. Household Housing; 83.559, Individual and Department of Homeland Security. (The following Catalog of Federal Domestic Household Disaster Housing Operations; ACTION: Notice. Assistance Numbers (CFDA) are to be used 83.560 Individual and Household Program— for reporting and drawing funds: 83.537, Other Needs, 83.544, Public Assistance Community Disaster Loans; 83.538, Cora Grants; 83.548, Hazard Mitigation Grant SUMMARY: This notice amends the notice Brown Fund Program; 83.539, Crisis Program.) of a major disaster for the State of Counseling; 83.540, Disaster Legal Services Michael D. Brown, Florida (FEMA–1481–DR), dated July Program; 83.541, Disaster Unemployment Under Secretary, Emergency Preparedness 29, 2003, and related determinations. Assistance (DUA); 83.556, Fire Management and Response, Department of Homeland Assistance; 83.558, Individual and Security. EFFECTIVE DATE: August 22, 2003. Household Housing; 83.559, Individual and [FR Doc. 03–22261 Filed 8–29–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Household Disaster Housing Operations; 83.560 Individual and Household Program— BILLING CODE 6718–02–P Magda Ruiz, Recovery Division, Federal Other Needs, 83.544, Public Assistance Emergency Management Agency, Grants; 83.548, Hazard Mitigation Grant Washington, DC 20472, (202) 646–2705. Program.) DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: Notice is Michael D. Brown, SECURITY hereby given that the incident period for Under Secretary, Emergency Preparedness Federal Emergency Management this disaster is closed effective August and Response. Agency 22, 2003. [FR Doc. 03–22260 Filed 8–29–03; 8:45 am] (The following Catalog of Federal Domestic BILLING CODE 6718–02–P [FEMA–1476–DR] Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Indiana; Amendment No. 7 to Notice of DEPARTMENT OF HOMELAND Community Disaster Loans; 83.538, Cora a Major Disaster Declaration Brown Fund Program; 83.539, Crisis SECURITY AGENCY: Federal Emergency Counseling; 83.540, Disaster Legal Services Federal Emergency Management Management Agency, Emergency Program; 83.541, Disaster Unemployment Agency Preparedness and Response Directorate, Assistance (DUA); 83.556, Fire Management Assistance; 83.558, Individual and [FEMA–1476–DR] Department of Homeland Security. Household Housing; 83.559, Individual and ACTION: Notice. Household Disaster Housing Operations; Indiana; Amendment No. 6 to Notice of 83.560, Individual and Household Program— a Major Disaster Declaration SUMMARY: This notice amends the notice Other Needs; 83.544, Public Assistance of a major disaster declaration for the AGENCY: Federal Emergency Grants; 83.548, Hazard Mitigation Grant State of Indiana (FEMA–1476–DR), Program.) Management Agency, Emergency dated July 11, 2003, and related Preparedness and Response Directorate, determinations. Michael D. Brown, Department of Homeland Security. Under Secretary, Emergency Preparedness EFFECTIVE DATE: August 18, 2003. ACTION: Notice. and Response, Department of Homeland FOR FURTHER INFORMATION CONTACT: Security. SUMMARY: This notice amends the notice Magda Ruiz, Recovery Division, Federal [FR Doc. 03–22265 Filed 8–29–03; 8:45 am] of a major disaster declaration for the Emergency Management Agency, BILLING CODE 6718–02–P State of Indiana (FEMA–1476–DR), Washington, DC 20472, (202) 646–2705. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52218 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices SUPPLEMENTARY INFORMATION: The notice (The following Catalog of Federal Domestic Household Disaster Housing Operations; of a major disaster declaration for the Assistance Numbers (CFDA) are to be used 83.560 Individual and Household Program— State of Indiana is hereby amended to for reporting and drawing funds: 83.537, Other Needs, 83.544, Public Assistance include the following areas among those Community Disaster Loans; 83.538, Cora Grants; 83.548, Hazard Mitigation Grant Brown Fund Program; 83.539, Crisis Program.) areas determined to have been adversely Counseling; 83.540, Disaster Legal Services Michael D. Brown, affected by the catastrophe declared a Program; 83.541, Disaster Unemployment Under Secretary, Emergency Preparedness major disaster by the President in his Assistance (DUA); 83.556, Fire Management and Response, Department of Homeland declaration of July 11, 2003: Assistance; 83.558, Individual and Security. Household Housing; 83.559, Individual and Lake, Porter, and Vanderburgh Counties for [FR Doc. 03–22267 Filed 8–29–03; 8:45 am] Individual Assistance. Household Disaster Housing Operations; 83.560 Individual and Household Program- BILLING CODE 6718–02–P (The following Catalog of Federal Domestic Other Needs, 83.544, Public Assistance Assistance Numbers (CFDA) are to be used Grants; 83.548, Hazard Mitigation Grant for reporting and drawing funds: 83.537, Program.) DEPARTMENT OF HOMELAND Community Disaster Loans; 83.538, Cora Michael D. Brown, SECURITY Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Under Secretary, Emergency Preparedness and Response, Department of Homeland Federal Emergency Management Program; 83.541, Disaster Unemployment Agency Assistance (DUA); 83.556, Fire Management Security. Assistance; 83.558, Individual and [FR Doc. 03–22263 Filed 8–29–03; 8:45 am] Household Housing; 83.559, Individual and BILLING CODE 6718–02–P [FEMA–1484–DR] Household Disaster Housing Operations; 83.560 Individual and Household Program- Ohio; Amendment No. 3 to Notice of a Other Needs, 83.544, Public Assistance DEPARTMENT OF HOMELAND Major Disaster Declaration Grants; 83.548, Hazard Mitigation Grant SECURITY Program.) AGENCY: Federal Emergency Michael D. Brown, Federal Emergency Management Management Agency, Emergency Under Secretary, Emergency Preparedness Agency Preparedness and Response Directorate, and Response, Department of Homeland Department of Homeland Security. Security. [FEMA–3173–EM] ACTION: Notice. [FR Doc. 03–22262 Filed 8–29–03; 8:45 am] New York; Amendment No. 3 to Notice BILLING CODE 6718–02–P of an Emergency Declaration SUMMARY: This notice amends the notice AGENCY: Federal Emergency of a major disaster declaration for the DEPARTMENT OF HOMELAND Management Agency, Emergency State of Ohio (FEMA–1484–DR), dated SECURITY Preparedness and Response Directorate, August 1, 2003, and related Department of Homeland Security. determinations. Federal Emergency Management ACTION: Notice. EFFECTIVE DATE: Agency August 25, 2003. SUMMARY: This notice amends the notice FOR FURTHER INFORMATION CONTACT: [FEMA–1476–DR] of an emergency declaration for the Magda Ruiz, Recovery Division, Federal State of New York (FEMA–3173–EM), Emergency Management Agency, Indiana; Amendment No. 8 to Notice of dated February 25, 2003, and related Washington, DC 20472, (202) 646–2705. a Major Disaster Declaration determinations. SUPPLEMENTARY INFORMATION: The notice AGENCY: Federal Emergency EFFECTIVE DATE: August 13, 2003. of a major disaster declaration for the Management Agency, Emergency FOR FURTHER INFORMATION CONTACT: State of Ohio is hereby amended to Preparedness and Response Directorate, Magda Ruiz, Recovery Division, Federal include the following areas among those Department of Homeland Security. Emergency Management Agency, areas determined to have been adversely ACTION: Notice. Washington, DC 20472, (202) 646–2705. affected by the catastrophe declared a SUPPLEMENTARY INFORMATION: The notice major disaster by the President in his SUMMARY: This notice amends the notice declaration of August 1, 2003: of a major disaster declaration for the of an emergency declaration for the State of Indiana (FEMA–1476–DR), State of New York is hereby amended to Franklin County for Individual Assistance. include the following area among those Jefferson County for Individual Assistance dated July 11, 2003, and related (already designated for Public Assistance.) determinations. areas determined to have been adversely affected by the catastrophe declared an Carroll County for Public Assistance EFFECTIVE DATE: August 22, 2003. emergency by the President in his (already designated for Individual Assistance.) FOR FURTHER INFORMATION CONTACT: declaration of February 25, 2003: Monroe County for Public Assistance. Magda Ruiz, Recovery Division, Federal Madison County for emergency protective (The following Catalog of Federal Domestic Emergency Management Agency, measures (Category B) under the Public Washington, DC 20472, (202) 646–2705. Assistance Numbers (CFDA) are to be used Assistance program for a period of 48 hours. for reporting and drawing funds: 83.537, SUPPLEMENTARY INFORMATION: The notice (The following Catalog of Federal Domestic Community Disaster Loans; 83.538, Cora of a major disaster declaration for the Assistance Numbers (CFDA) are to be used Brown Fund Program; 83.539, Crisis State of Indiana is hereby amended to for reporting and drawing funds: 83.537, Counseling; 83.540, Disaster Legal Services include the following area among those Community Disaster Loans; 83.538, Cora Program; 83.541, Disaster Unemployment areas determined to have been adversely Brown Fund Program; 83.539, Crisis Assistance (DUA); 83.556, Fire Management affected by the catastrophe declared a Counseling; 83.540, Disaster Legal Services Assistance; 83.558, Individual and major disaster by the President in his Program; 83.541, Disaster Unemployment Household Housing; 83.559, Individual and Assistance (DUA); 83.556, Fire Management Household Disaster Housing Operations; declaration of July 11, 2003: Assistance; 83.558, Individual and 83.560 Individual and Household Program— Owen County for Public Assistance. Household Housing; 83.559, Individual and Other Needs, 83.544, Public Assistance VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52219 Grants; 83.548, Hazard Mitigation Grant DC 20472; (202) 646–3664, or (e-mail) review and comment on emergency Program.) [email protected]. planning and preparedness guidance Michael D. Brown, SUPPLEMENTARY INFORMATION: FEMA, (including interpretations of agreed joint Under Secretary, Emergency Preparedness through its REP program, evaluates guidance) prior to adoption as formal and Response, Department of Homeland exercises of offsite response plans and agency guidance. FEMA has transmitted Security. procedures. The REP exercises test the a copy of this document to the NRC and [FR Doc. 03–22266 Filed 8–29–03; 8:45 am] capability of Offsite Response requested their comments no later than BILLING CODE 6718–02–P Organizations, which are the State and the date upon which the public local agencies responsible for comment period closes. Dated: August 12, 2003. DEPARTMENT OF HOMELAND responding to incidents involving SECURITY nuclear power plants, to perform in Michael D. Brown, accordance with the provisions of their Under Secretary, Emergency Preparedness & Federal Emergency Management plans. This activity is undertaken Response. Agency pursuant to FEMA regulations, which [FR Doc. 03–22259 Filed 8–29–03; 8:45 am] appear in 44 CFR part 350, and a BILLING CODE 6718–06–P Radiological Emergency Memorandum of Understanding (MOU) Preparedness: Review of Exercise between FEMA and the Nuclear Evaluation Criteria and Methodology Regulatory Commission (NRC), which DEPARTMENT OF HOMELAND appears at 44 CFR part 353, appendix A. SECURITY AGENCY: Federal Emergency In 1996, the FEMA Director Management Agency, Emergency announced a strategic review of the REP Secret Service Preparedness and Response Directorate, Program. FEMA then established a Department of Homeland Security. Strategic Review Steering Committee Appointment of Performance Review ACTION: Notice. (SRSC), with membership from FEMA Board (PRB) Members and the NRC, to carry out the review. This notice announces the SUMMARY: The Federal Emergency The SRSC completed its work in 1999 appointment of members of the Senior Management Agency (FEMA) is and forwarded recommendations to announcing the opening of a 60-day Executive Service Performance Review FEMA management for implementation. Boards in accordance with 5 U.S.C. comment period for a review of FEMA’s A key SRSC recommendation, strongly radiological emergency preparedness 4314(c)(4) for the rating period supported by the REP community, beginning October 1, 2002, and ending (REP) exercise evaluation criteria and called for FEMA to streamline its methodology. FEMA published a September 30, 2003. Each PRB will be exercise program and change from an composed of at least three of the Senior Federal Register notice entitled objective-based approach to exercise ‘‘Radiological Emergency Preparedness: Executive Service members listed evaluation to a results-oriented below: Exercise Evaluation Methodology’’ at 66 approach. FEMA implemented the FR 47526, September 12, 2001, for SRSC’s recommendation in a Federal Name and Title FEMA’s use when evaluating exercises. Register notice entitled ‘‘Radiological Carlton D. Spriggs—Deputy Director, FEMA published a Federal Register Emergency Preparedness: Exercise U.S. Secret Service. notice with the same title at 67 FR Evaluation Methodology’’ at 66 FR 20580, April 25, 2002, correcting and 47526, September 12, 2001, for FEMA’s Barbara S. Riggs—Chief of Staff (USSS). superseding our notice of September 12, use when evaluating exercises. FEMA Brian K. Nagel—Assistant Director, 2001. Since January 1, 2002, FEMA has published a Federal Register notice of Investigations (USSS). evaluated REP exercises using the the same title at 67 FR 20580, April 25, Mark J. Sullivan—Assistant Director, approach and criteria contained in the 2002, correcting and superseding our Protective Operations (USSS). Federal Register notices, and it is notice of September 12, 2001. Carl J. Truscott—Assistant Director, appropriate at this time for FEMA to The new approach and criteria have Protective Research (USSS). examine the results of their use. We been in effect for over a year, and it is Stephen T. Colo—Assistant Director, invite your comments pursuant to our appropriate at this time to examine the Administration (USSS). review. results of their use. We are requesting Donald A. Flynn—Assistant Director, DATES: Please submit your comments on comments on specific criteria that might Inspection (USSS). or before November 3, 2003. require some fine-tuning, as well as Keith L. Prewitt—Assistant Director, comments on the efficacy of the Human Resources & Training (USSS). ADDRESSES: Please submit your outcome-oriented methodology. The George D. Rogers—Assistant Director, comments to the Rules Docket Clerk, April 25, 2002, notice containing the Government & Public Affairs (USSS). Office of the General Counsel, Federal criteria and methodology subject to Emergency Management Agency, 500 C review is posted on the REP home page Paul D. Irving—Assistant Director, Street, SW., Room 840, Washington DC at http://www.fema.gov/rrr/rep/ Homeland Security (USSS). 20472, or send them by e-mail to repfrn.shtm#eval. John J. Kelleher—Chief Counsel (USSS). [email protected]. Please refer to ‘‘REP: FOR FURTHER INFORMATION CONTACT: Review of Exercise Evaluation Criteria Coordination With the Nuclear Sheila M. Lumsden, Chief, Personnel and Methodology’’ in the subject line of Regulatory Commission Division, 950 H Street, NW., Suite 7400, your e-mail or comment letter. FEMA conducts the REP program in Washington, DC 20223, Telephone No. FOR FURTHER INFORMATION CONTACT: part under authority of an MOU with (202) 406–5307. Vanessa E. Quinn, Chief, Radiological the NRC. The text of the current MOU Emergency Preparedness Branch, is published in appendix A to 44 CFR W. Ralph Basham, Technological Services Division, part 353. Section E of the MOU provides Director. Federal Emergency Management that each agency will provide an [FR Doc. 03–22213 Filed 8–29–03; 8:45 am] Agency, 500 C Street SW., Washington opportunity for the other agency to BILLING CODE 4810–42–M VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52220 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices DEPARTMENT OF HOUSING AND the agency form number, if applicable; SUMMARY: The U.S. Fish and Wildlife URBAN DEVELOPMENT (6) what members of the public will be Service (Service) announces that a Draft affected by the proposal; (7) how Comprehensive Conservation Plan [Docket No. FR–4815–N–61] frequently information submissions will (CCP) and Environmental Analysis (EA) Notice of Submission of Proposed be required; (8) an estimate of the total for the Las Vegas National Wildlife Information Collection to OMB: number of hours needed to prepare the Refuge is available for review and Application for Approval—FHA Title I/ information submission including comment. This CCP/EA, prepared Title II Lender/Mortgagee or Ginnie number of respondents, frequency of pursuant to the National Wildlife Refuge Mae Mortgage-Backed Securities response, and hours of response; (9) System Administration Act of 1966, as Issuer whether the proposal is new, an amended by the National Wildlife extension, reinstatement, or revision of Refuge System Improvement Act of AGENCY: Office of the Chief Information an information collection requirement; 1997, and the National Environmental Officer, HUD. and (10) the name and telephone Policy Act of 1969, describes how the ACTION: Notice. number of an agency official familiar Service intends to manage this refuge with the proposal and of the OMB Desk over the next 15 years. SUMMARY: The proposed information Officer for the Department. ADDRESSES: A copy of the CCP is collection requirement described below This Notice also lists the following available on compact diskette or hard has been submitted to the Office of information: copy, and you may obtain a copy by Management and Budget (OMB) for Title of Proposal: Application for writing: Yvette Truitt, Biologist/Natural review, as required by the Paperwork Approval—FHA Lender and/or Resource Planner, U.S. Fish and Reduction Act. The Department is Mortgage-Backed Securities Issuer. Wildlife Service, PO Box 1306, soliciting public comments on the OMB Approval Number: 2502–0005. Albuquerque, NM 87103–1306. subject proposal. Form Numbers: HUD–11701, HUD Requests may also be made via Information obtained determines if an 92001–B. electronic mail to: [email protected]. entity meets the criteria required for Description of the Need for the FOR FURTHER INFORMATION CONTACT: approval to participate as Title I/Title II Information and its Proposed Use: Yvette Truitt, Biologist/Natural lenders/mortgagees or Ginnie Mae Information obtained determines if an Resource Planner, 505–248–6452 or Joe mortgage-backed securities issuers. entity meets the criteria required for Rodriguez, Refuge Manager, 505–425– DATES: Comments Due Date: October 2, approval to participate as Title I / Title 3581. 2003. II lenders/mortgagees of Ginnie Mae SUPPLEMENTARY INFORMATION: The ADDRESSES: Interested persons are mortgage-backed securities issuers. National Wildlife Refuge System invited to submit comments regarding Respondents: Business or other for- Administration Act of 1966, as amended this proposal. Comments should refer to profit, Not-for-profit institutions, State, by the National Wildlife Refuge System the proposal by name and/or OMB Local or Tribal Government. Improvement Act of 1997 (16 U.S.C. approval number (2502–0005) and Frequency of Submission: On 668dd-668ee et seq.) requires a CCP. should be sent to: Lauren Wittenberg, occasion, Annually. The purpose in developing CCPs is to OMB Desk Officer, Office of Reporting Burden: Number of provide refuge managers with a 15-year Management and Budget, Room 10235, Respondents 25,450: Average annual strategy for achieving refuge purposes New Executive Office Building, responses per respondent 1.2; Total and contributing toward the mission of Washington, DC 20503; Fax number annual responses 32,250; Average the National Wildlife Refuge System, (202) 395–6974; E-mail burden per response 3.5 hrs. consistent with sound principles of fish [email protected]. Total Estimated Burden Hours: 8,938. Status: Extension of a currently and wildlife science, conservation, legal FOR FURTHER INFORMATION CONTACT: approved collection. mandates, and Service policies. In Wayne Eddins, Reports Management addition to outlining broad management Officer, AYO, Department of Housing Authority: Section 3507 of the Paperwork direction on conserving wildlife and and Urban Development, 451 Seventh Reduction Act of 1995, 44 U.S.C. 35, as amended. their habitats, the CCPs identify Street, Southwest, Washington, DC wildlife-dependent recreational 20410; e-mail [email protected]; Dated: August 21, 2003. opportunities available to the public, telephone (202) 708–2374. This is not a Wayne Eddins, including opportunities for hunting, toll-free number. Copies of the proposed Departmental Reports Management Officer, fishing, wildlife observation and forms and other available documents Office of the Chief Information Officer. photography, and environmental submitted to OMB may also be obtained [FR Doc. 03–22247 Filed 8–29–03; 8:45 am] education and interpretation. We will through HUD’s Information Collection BILLING CODE 4210–72–P review and update these CCPs at least Budget Tracking System at http:// every 15 years in accordance with the mf.hud.gov.63001/po/i/icbts/. National Wildlife Refuge System SUPPLEMENTARY INFORMATION: The DEPARTMENT OF THE INTERIOR Administration Act of 1966, as amended Department has submitted the proposal by the National Wildlife Refuge System for the collection of information, as Fish and Wildlife Service Improvement Act of 1997, and the described below, to OMB for review, as National Environmental Policy Act of required by the Paperwork Reduction Notice of Availability of Draft 1969 (42 U.S.C. 4321–4370d). Act (44 U.S.C. Chapter 35). The Notice Comprehensive Conservation Plan and Background: The Las Vegas National lists the following information: (1) The Environmental Assessment for Las Wildlife Refuge was established on title of the information collection Vegas National Wildlife Refuge, Las August 24, 1965 by the authority of the proposal; (2) the office of the agency to Vegas, NM Migratory Bird Conservation Act (16 collect the information; (3) the OMB AGENCY: Fish and Wildlife Service, U.S.C. 712d) for use as an inviolate approval number, if applicable; (4) the Department of the Interior. sanctuary, or any other management description of the need for the purpose, for migratory birds. Located in ACTION: Notice of availability. information and its proposed use; (5) northeastern New Mexico, the 8672 acre VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52221 Refuge is comprised of prairie kind efforts. Alternative C: There would Desk Officer for the Department of the grasslands, ponderosa pine forest, be no water delivery improvements. Interior (OMB Control Number 1010– pinon-juniper woodlands, steep Comment Period: Please submit 0140). Mail or hand-carry a copy of your canyons, lakes and ponds, small comments within 45 days after the date comments to Sharron L. Gebhardt, disjointed patches of riparian areas and of this publication in the Federal Regulatory Specialist, Minerals irrigated lands. Management efforts Register. Management Service, Minerals Revenue focus on enhancing and restoring native Public Meetings/Hearings: An open Management, P.O. Box 25165, MS grassland, riparian and wetland house/public involvement session to 320B2, Denver, Colorado 80225. If you communities for migratory birds, fish receive comments on the Draft CCP/EA use an overnight courier service, our and other wildlife species. will be held in September 17, 2003. courier address is Building 85, Room A– The Draft CCP/EA addresses a range Special mailings, newspaper articles, 614, Denver Federal Center, Denver, of topics including habitat and wildlife and other media announcements will be Colorado 80225. You may also e-mail management, public use opportunities, used to inform the public of the time your comments to us at land acquisition, invasive species and location of the meeting. [email protected]. Include the control, and administration and staffing Send Comments To: Yvette Truitt, title of the information collection and for the Refuge. The key refuge issues Biologist/Natural Resource Planner, U.S. the OMB Control Number in the and how they are addressed in the plan Fish and Wildlife Service, P.O. Box ‘‘Attention’’ line of your comment. Also alternatives are summarized below. 1306, Albuquerque, New Mexico, include your name and return address. Alternative A is the current 87103–1306. Comments may also be Submit electronic comments as an sent via electronic mail to: management, or what is currently ASCII file avoiding the use of special [email protected]. offered at the Refuge. Alternative B is characters and any form of encryption. the proposed action. Alternative C Dated: August 20, 2003. If you do not receive a confirmation that would call for no active management on Geoffrey L. Haskett, we have received your e-mail, contact the Refuge. Acting Regional Director, U.S. Fish and Ms. Gebhardt at (303) 231–3211. Improvements to public use facilities: Wildlife Service, Albuquerque, New Mexico. FOR FURTHER INFORMATION CONTACT: Alternative A: The public use program [FR Doc. 03–22256 Filed 8–29–03; 8:45 am] Sharron L. Gebhardt at telephone (303) would remain at current levels and no BILLING CODE 4310–55–P 231–3211 or FAX (303) 231–3781. You new facilities would be developed on may also contact Sharron Gebhardt to the Refuge. Alternative B: The public obtain a copy at no cost of the form and use program would increase and/or DEPARTMENT OF THE INTERIOR regulations that require the subject enhance educational and outreach collection of information. Minerals Management Service activities, recreational opportunities, SUPPLEMENTARY INFORMATION: community involvement, and improve Agency Information Collection Title: 30 CFR part 210—Forms and facilities. Alternative C: The public use Activities: Submitted for Office of Reports and part 206—Product program would be discontinued. Management and Budget (OMB) Valuation (Form MMS–2014, Report of Refuge Land and Boundary Review; Comment Request Sales and Royalty Remittance). Protection: Alternative A: There would OMB Control Number: 1010–0140. be no acquisition of in holdings and, no AGENCY: Minerals Management Service Bureau Form Number: Form MMS– exploration of possible refuge boundary (MMS), Interior. 2014. expansion. Alternative B: The Service ACTION: Notice of an extension of a Abstract: The Department of the would actively pursue acquisition of in currently approved information Interior (DOI) is responsible for matters holdings under existing authorities and collection (OMB Control Number 1010– relevant to mineral resource policies from willing sellers. The 0140). development on Federal and Indian Service would begin discussions with lands and the Outer Continental Shelf SUMMARY: To comply with the adjacent land owners regarding habitat (OCS). The Secretary of the Interior Paperwork Reduction Act of 1995 conservation partnership opportunities (Secretary) under The Mineral Leasing (PRA), we are notifying the public that to cooperatively enhance or protect Act (30 U.S.C. 1923) and The Outer we have submitted to OMB an wildlife habitats through agreements. Continental Shelf Lands Act (43 U.S.C. information collection request (ICR) to The refuge would consider (in concept 1353) is responsible for managing the renew approval of the paperwork only) future purchase of fee simple and production of minerals from Federal requirements in the regulations under less than fee simple interest in lands and Indian lands and the OCS, 30 CFR part 210—Forms and Reports adjacent the refuge from willing sellers collecting royalties from lessees who and part 206—Product Valuation. This only. Any purchase of interest in lands produce minerals, and distributing the notice also provides the public a second would be subject to additional NEPA funds collected in accordance with opportunity to comment on the compliance and other policy applicable laws. The Secretary has an paperwork burden of these regulatory considerations. Alternative C: Same as Indian trust responsibility to manage requirements. The ICR is titled ‘‘30 CFR Alternative A. Indian lands and seek advice and part 210—Forms and Reports and part Water management activities: information from Indian beneficiaries. 206—Product Valuation (Form MMS– Alternative A: Improvements to the MMS performs the royalty management 2014, Report of Sales and Royalty water delivery system would remain functions and assists the Secretary in Remittance).’’ secondary to other immediate carrying out DOI’s Indian trust management needs on the Refuge. DATES: Submit written comments on or responsibility. Alternative B: Improvements to water before October 2, 2003. The Federal Oil and Gas Royalty management activities would be ADDRESSES: Submit written comments Management Act (FOGRMA) of 1982, 30 accomplished. Costs would be spread by either fax (202) 395–6566 or e-mail U.S.C. 1701 et seq., states in Section over a long period of time and to the ([email protected]) directly 101(a) that the Secretary ‘‘* * * shall degree possible shared through the to the Office of Information and establish a comprehensive inspection, development of partnerships and in- Regulatory Affairs, OMB, Attention: collection, and fiscal and production VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52222 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices accounting and auditing system to MMS is requesting OMB’s approval to language we are covering under 30 CFR provide the capability to accurately continue to collect this information. Not parts 210 and 206. determine oil and gas royalties, interest, collecting this information would limit Frequency: Monthly. fines, penalties, fees, deposits, and other the Secretary’s ability to discharge his/ Estimated Number and Description of payments owed, and collect and her duties and may also result in loss of Respondents: 1,600 payors. account for such amounts in a timely royalty payments. Proprietary Estimated Annual Reporting and manner.’’ The persons or entities information submitted is protected, and described at 30 U.S.C. 1713 are required Recordkeeping ‘‘Hour’’ Burden: 125,856 there are no questions of a sensitive hours. to make reports and provide reasonable nature included in this information The following chart details the information as defined by the Secretary. collection. Form MMS–2014, Report of Sales and individual components and estimated Royalty Remittance, is the only We have also changed the title of this hour burdens. In calculating the burden document used for reporting oil and gas ICR from ‘‘Report of Sales and Royalty hours, we assumed that respondents royalties, certain rents, and other lease- Remittance’’ to ‘‘30 CFR part 210— perform certain requirements in the related transactions to MMS (e.g., Forms and Reports and part 206— normal course of their activities. These transportation and processing Product Valuation (Form MMS–2014, business activities are considered to be allowances, lease adjustments, and Report of Sales and Royalty usual and customary, which we took quality and location differentials). Remittance)’’ to clarify the regulatory into account in estimating the burden. RESPONDENT ANNUAL BURDEN HOUR CHART Annual 30 CFR section parts 210 and 206 Reporting requirement Burden hours per re- number of Annual bur- sponse responses den hours 210.20(a); 210.21(c)(1); 210.50; You must submit Form MMS–2014 * * * to MMS .1167 ...... 24,840 2,898 and 210.52(a)(1), (2), (b), (c), electronically * * * You must submit an elec- (Manual 1%) and (d); 210.354. tronic sample of your report for MMS approval .05 2,459,160 122,958 * * * Records may be maintained in microfilm, (Electronic 99%) microfiche, or other recorded media * * * You must submit a completed Form MMS–2014 (Re- port of Sales and Royalty Remitttance) to MMS with: (1) All royalty payments; and, (2) Rents on nonproducing leases, * * * When you submit Form MMS–2014 data electronically, you must not submit the form itself, Completed Forms MMS–2014 for royalty payments are due by the end of the month following the production month * * * completed Forms MMS–2014 for rental payments are due no later than the anniversary date of the lease * * *. A completed Report of Sales and Royalty Remit- tance (Form MMS–2014) must be submitted each month once sales or utilization of produc- tion occur, * * * This report is due on or before the last day of the month following the month in which production was sold or utilized, * * *. 206.55(c)(4) ...... Transportation allowances must be reported as a Burden hours included in hours above. separate line item on Form MMS–2014 * * *. 206.55(e)(2) ...... For lessees transporting production from Indian Burden hours included in hours above. leases, the lessee must submit a corrected Form MMS–2014 to reeflect actual costs, * * *. 206.110(c)(1) ...... You may use your proposed procedure to calculate Burden hours included in hours above. a transportation allowance until MMS accepts or rejects your cost allocation. If MMS rejects your cost allocation, you must amend your Form MMS–2014 for the months that you used the re- jected method * * *. 206.114 and 206.115(a) ...... You or your affiliate must use a separate entry on Burden hours included in hours above. Form MMS–2014 to notify MMS of an allowance based on transportation costs you or your affiliate incur. 206.157(a)(1)(i); 206.157(b)(1) ...... Arm’s-length transportation contracts and non- Burden hours included in hours above. arm’s-length or no contract. The lessee must claim a transportation allowance by reporting it as a separate line entry on the Form MMS–2014. 206.157(c)(1)(i) and (c)(2)(i); Arm’s-length contracts and non-arm’s-length or no Burden hours included in hours above. 206.159(c)(1)(i) and (c)(2)(i). contract. The lessee must notify MMS of an al- lowance based on incurred costs by using a sep- arate line entry on the Form MMS–2014. 206.157(e)(2) ...... For lessees transporting production from onshore Burden hours included in hours above. Federal leases, the lessee must submit a cor- rected Form MMS–2014 to reflect actual costs, ***. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52223 RESPONDENT ANNUAL BURDEN HOUR CHART—Continued Annual 30 CFR section parts 210 and 206 Reporting requirement Burden hours per re- number of Annual bur- sponse responses den hours 206.157(e)(3) ...... For lessees transporting gas production from Burden hours included in hours above. leases on the OCS, * * * the lessee must submit a corrected Form MMS–2014 to reflect actual costs, * * *. 206.157(f)(1); 206.178(f)(1) ...... You must modify the Form MMS–2014 by the Burden hours included in hours above. amount received or credited for the affected re- porting period. 206.159(a)(1)(i) and (b)(1) ...... Arm’s-length processing contracts and non-arm’s- Burden hours included in hours above. length or no contract. The lessee must claim a processing allowance by reporting it as a sepa- rate line entry on the Form MMS–2014. 206.159(e)(3) ...... For lessees processing gas production from leases Burden hours included in hours above. on the OCS, * * * the lessee must submit a cor- rected Form MMS–2014 to reflect actual costs, ***. 206.172(e)(6)(ii) ...... You must pay and report on Form MMS–2014 addi- Burden hours included in hours above. tional royalties due * * *. 206.174(a)(4)(ii) ...... If the major portion value is higher, you must sub- Burden hours included in hours above. mit an amended Form MMS–2014 to MMS * * *. 206.178(d)(2) ...... You must report transportation allowances as a Burden hours included in hours above. separate line item on Form MMS–2014. 206.180(c)(2) ...... You must report gas processing allowances as a Burden hours included in hours above. separate line item on Form MMS–2014. 206.353(d)(2); 206.354(d)(2) ...... Lessees must submit corrected Forms MMS–2014 Burden hours included in hours above. to reflect adjustments to royalty payments * * *. Total ...... 2,484,000 125,856 Estimated Annual Reporting and we would submit this ICR to OMB for consider anonymous comments. We Recordkeeping ‘‘Non-hour’’ Cost approval. The notice provided the will make all submissions from Burden: We have identified no ‘‘non- required 60-day comment period. We organizations or businesses, and from hour’’ cost burdens. received no comments in response to individuals identifying themselves as Public Disclosure Statement: The PRA this notice. representatives or officials of (44 U.S.C. 3501, et seq.) provides that an If you wish to comment in response organizations or businesses, available agency may not conduct or sponsor, and to this notice, you may send your for public inspection in their entirety. a person is not required to respond to, comments to the offices listed under the MMS Acting Information Collection a collection of information unless it ADDRESSES section of this notice. OMB Clearance Officer: Nicolette Humphries displays a currently valid OMB Control has up to 60 days to approve or (202) 208–7744. Number. disapprove the information collection Dated: August 21, 2003. Comments: Section 3506(c)(2)(A) of but may respond after 30 days. Lucy Querques Denett, the PRA requires each agency ‘‘*** to Therefore, to ensure maximum Associate Director for Minerals Revenue provide notice * * * and otherwise consideration, OMB should receive Management. consult with members of the public and public comments by October 2, 2003. [FR Doc. 03–22336 Filed 8–29–03; 8:45 am] affected agencies concerning each Public Comment Policy: We will post BILLING CODE 4310–MR–P proposed collection of information all comments in response to this notice ***.’’ Agencies must specifically on our Web site at http:// _ _ solicit comments to: (a) Evaluate www.mrm.mms.gov/Laws R D/InfoColl/ INTERNATIONAL TRADE whether the proposed collection of InfoColCom.htm. We will also make COMMISSION information is necessary for the agency copies of the comments available for to perform its duties, including whether public review, including names and [USITC SE–03–028] the information is useful; (b) evaluate addresses of respondents, during regular the accuracy of the agency’s estimate of business hours at our offices in Sunshine Act Meeting the burden of the proposed collection of Lakewood, Colorado. Individual AGENCY: International Trade information; (c) enhance the quality, respondents may request that we Commission. usefulness, and clarity of the withhold their home address from the TIME AND DATE: information to be collected; and (d) public record, which we will honor to September 4, 2003 at minimize the burden on the the extent allowable by law. There also 9:30 a.m. respondents, including the use of may be circumstances in which we PLACE: Room 101, 500 E Street SW., automated collection techniques or would withhold from the rulemaking Washington, DC 20436, Telephone: other forms of information technology. record a respondent’s identity, as (202) 205–2000. To comply with the public allowable by law. If you request that we STATUS: Open to the public. consultation process, we published a withhold your name and/or address, MATTERS TO BE CONSIDERED: notice in the Federal Register on May state this prominently at the beginning 1. Agenda for future meetings: none. 13, 2003, (68 FR 25622) announcing that of your comment. However, we will not 2. Minutes. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52224 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 3. Ratification List. the Deputy Assistant Administrator, (CFR), this is notice that on May 2, 4. Inv. No. 731–TA–1020 (Final) Office of Diversion Control, Drug 2003, Cambrex Charles City, Inc., 1205 (Barium Carbonate from China)— Enforcement Administration, United 11th Street, Charles City, Iowa 50619, briefing and vote. (The Commission is States Department of Justice, made application by letter to the Drug currently scheduled to transmit its Washington, DC 20537, Attention: Enforcement Administration (DEA) for determination and Commissioners’ Federal Register Representative, Office registration as a bulk manufacturer of opinions to the Secretary of Commerce of Chief Counsel (CCD) and must be Dextropropoxyphene (9273), a basic on or before September 12, 2003.) filed no later than November 3, 2003. class of Schedule II controlled 5. Outstanding action jackets: none. Dated: August 19, 2003. substance. The firm plans to manufacture bulk In accordance with Commission Laura M. Nagel, policy, subject matter listed above, not controlled substance for distribution to Deputy Assistant Administrator, Office of its customers. disposed of at the scheduled meeting, Diversion Control. may be carried over to the agenda of the Any other such applicant and any [FR Doc. 03–22332 Filed 8–29–03; 8:45 am] following meeting. person who is presently registered with BILLING CODE 4410–09–M DEA to manufacture such a substance By order of the Commission: may file comments or objections to the Issued: August 27, 2003. issuance of the proposed registration. Marilyn R. Abbott, DEPARTMENT OF JUSTICE Any such comments or objections Secretary to the Commission. Drug Enforcement Administration may be addressed, in quintuplicate, to [FR Doc. 03–22388 Filed 8–28–03; 10:30 am] the Deputy Assistant Administrator, BILLING CODE 7020–02–P Manufacturer of Controlled Office of Diversion Control, Drug Substances; Notice of Application Enforcement Administration, United States Department of Justice, DEPARTMENT OF JUSTICE Pursuant to section 1301.33(a) of title Washington, DC 20537, Attention: DEA 21 of the Code of Federal Regulations Federal Register Representative (CCD) Drug Enforcement Administration (CFR), this is notice that on June 2, and must be filed no later than 2003, Bristol Myers Squibb Pharma November 3, 2003. Manufacturer of Controlled Company, 1000 Stewart Avenue, Garden Dated: August 19, 2003. Substances; Notice of Application City, New York 11530, made application Laura M. Nagel, by renewal to the Drug Enforcement Pursuant to section 1301.33(a) of title Administration (DEA) for registration as Deputy Assistant Administrator, Office of 21 of the Code of Federal Regulations Diversion Control, Drug Enforcement a bulk manufacturer of Oxycodone (CFR), this is notice that on July 30, Administration. (9143), a basic class of controlled 2003, American Radiolabeled Chemical [FR Doc. 03–22331 Filed 8–29–03; 8:45 am] substance listed in Schedule II. Inc., 11624 Bowling Green Drive, St. BILLING CODE 4410–09–M The firm plans to manufacture the Louis, Missouri 63146, made controlled substances to make finished application by renewal to the Drug products. Enforcement Administration (DEA) for DEPARTMENT OF JUSTICE Any other such applicant and any registration as a bulk manufacturer of person who is presently registered with the basic classes of controlled Drug Enforcement Administration DEA to manufacture such substances substances listed below: may file comments or objections to the Manufacturer of Controlled Drug Schedule issuance of the proposed registration. Substances; Notice of Application Any such comments or objections Pursuant to Section 1301.33(a) of Title may be addressed, in quintuplicate, to Gamma Hydroxybutyric Acid I 21 of the Code of Federal Regulations (2010). the Deputy Assistant Administrator, (CFR), this is notice that on April 22, Lysergic acid diethylamide (7315) I Office of Diversion Control, Drug 2003, Cambridge Isotope Laboratories, Dimethyltryptamine (7435) ...... I Enforcement Administration, United Inc., 50 Frontage Road, Andover, Dihydromorphine (9145) ...... I States Department of Justice, Massachusetts 01801, made application Phencyclidine (7471) ...... II Washington, DC 20537, Attention: Cocaine (9041) ...... II by renewal to the Drug Enforcement Federal Register Representative, Office Codeine (9050) ...... II Administration (DEA) for registration as of Chief Counsel (CCD) and must be Oxycodone (9143) ...... II a bulk manufacturer of the basic classes filed no later than November 3, 2003. Hydromorphone (9150) ...... II of controlled substances listed below: Benzoylecgonine (9180) ...... II Dated: August 19, 2003. Meperidine (9230) ...... II Laura M. Nagel, Drug Schedule Morphine (9300) ...... II Thebaine (9333) ...... II Deputy Assistant Administrator, Office of Diversion Control. Methaqualone (2565) ...... I Metazocine (9240) ...... II Dimethyltryptamine (7435) ...... I Oxymorphone (9652) ...... II [FR Doc. 03–22329 Filed 8–29–03; 8:45 am] Amphetamine (1100) ...... II BILLING CODE 4410–09–M Methamphetamine (1105) ...... II The firm plans to bulk manufacture Pentobarbital (2270) ...... II small quantities of the listed controlled Secobarbital (2315) ...... II substances as radiolabeled compounds. DEPARTMENT OF JUSTICE Phencyclidine (7471) ...... II Any other such applicant and any Cocaine (9041) ...... II person who is presently registered with Drug Enforcement Administration Codeine (9050) ...... I Oxycodone (9143) ...... II DEA to manufacture such substances Manufacturer of Controlled Hydromorphone (9150) ...... II may file comments or objections to the Substances; Notice of Application Benzoylecgonine (9180) ...... II issuance of the proposed registration. Methadone (9250) ...... II Any such comments or objections Pursuant to section 1301.33(a) of Title Dextropropoxyphene (9273) ...... II may be addressed, in quintuplicate, to 21 of the Code of Federal Regulations Morphine (9300) ...... II VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52225 Drug Schedule DEPARTMENT OF JUSTICE 2003, Lin-Zhi International, Inc., 687 North Pastoria Avenue, Sunnyvale, Fentanyl (9801) ...... II Drug Enforcement Administration California 94085–2917, made application to the Drug Enforcement Importer of Controlled Substances; Administration (DEA) for registration as The firm plans to manufacture small Notice of Registration quantities of the listed controlled a bulk manufacturer of the basic classes substances to produce isotope labeled By Notice dated April 29, 2003 and of controlled substances listed below: standards for drug analysis. published in the Federal Register on May 29, 2003, (68 FR 32088), Johnson Drug Schedule Any other such applicant and any Matthey, Inc., Pharmaceutical Materials, person who is presently registered with Tetrahydrocannabinols (7370) ..... I 2003 Nolte Drive West Deptford, New 3,4- I DEA to manufacture such substances Jersey, 08066, made application by may file comments or objections to the Methylenedioxymethamphetam- renewal to the Drug Enforcement ine (7405). issuance of the proposed registration. Administration (DEA) to be registered as Amphetamine (1100) ...... II Any such comments or objections an importer of Phenylacetone (8501), a Methamphetamine (1105) ...... II may be addressed, in quintuplicate, to basic class of controlled substance listed Secrobarbital (2315) ...... II the Deputy Assistant Administrator, in Schedule II. Phencyclidine (7471) ...... II Cocaine (9041) ...... II Office of Diversion Control, Drug The firm plans to import Phenylacetone for conversion to Methadone (9250) ...... II Enforcement Administration, United Dextropropoxyphene (9273) ...... II States Department of Justice, amphetamine base to sell in bulk to its Morphine (9300) ...... II Washington, DC 20537, Attention: customers. Federal Register Representative, Office No comments or objections have been The firm plans to manufacture small received. DEA has considered the of Chief Counsel (CCD) and must be quantities of controlled substances to factors in Title 21, United States Code, filed no later than November 3, 2003. make drug testing reagents and controls. Section 823(a) and determined that the Any other such applicant and any Dated: August 19, 2003. registration of Johnson Matthey, Inc., to person who is presently registered with Laura M. Nagel, import the listed controlled substances DEA to manufacture such substances Deputy Assistant Administrator, Office of is consistent with the public interest may file comments or objections to the Diversion Control, Drug Enforcement and with United States obligations issuance of the proposed registration. Administration. under international treaties, Any such comments or objections [FR Doc. 03–22328 Filed 8–29–03; 8:45 am] conventions, or protocols in effect on may be addressed, in quituplicate, to the May 1, 1971, at this time. BILLING CODE 4410–09–M Deputy Assistant Administrator, Office DEA has investigated Johnson of Diversion Control, Drug Enforcement Matthey, Inc., on a regular basis to Administration, United States DEPARTMENT OF justice ensure that the company’s continued Department of Justice, Washington, DC registration is consistent with the public 20537, Attention: Federal Register Drug Enforcement Administration interest. This investigation included Representative, Officer of Chief Counsel inspection and testing of the company’s (CCD) and must be filed no later than Manufacturer of Controlled physical security systems, verification November 3, 2003. of the company’s compliance with state Substances; Notice of Withdrawal of Dated: August 19, 2003. Application and local laws, and a review of the company’s background and history. Laura M. Nagel, As set forth in the Federal Register on Therefore, pursuant to Section 1008(a) Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. April 2, 2003, (68 FR 16089), ISP of the Controlled Substances Import and [FR Doc. 03–22330 Filed 8–29–03; 8:45 am] Freetown Fine Chemicals, Inc., 238 Export Act and in accordance with Title South Main Street, Assonet, 21, Code of Federal Regulations, Section BILLING CODE 4410–09–M Massachusetts 02702, made application 3101.34, the above firm is granted registration as an importer of the basic by letter to the Drug Enforcement DEPARTMENT OF JUSTICE Administration to be registered as a bulk class of controlled substance listed manufacturer of Levorphanol (9220) a above. Drug Enforcement Administration basic class of controlled substance listed Dated: August 19, 2003. in Schedule II. Laura M. Nagel, Manufacturer of Controlled Substances; Notice of Registration By letter dated June 30, 2003, ISP Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement By Notice dated May 7, 2003, and Freetown Fine Chemicals, Inc., Administration. published in the Federal Register on requested that their application to [FR Doc. 03–22326 Filed 8–29–03; 8:45 am] manufacture Levorphanol be April 29, 2003, (68 FR 32088), Lonza BILLING CODE 4410–09–M withdrawn. Therefore, said application Riverside, 900 River Road, is hereby withdrawn. Conshohocken, Pennsylvania 19428, made application by renewal to the DEPARTMENT OF JUSTICE Dated: August 19, 2003. Drug Enforcement Administration to be Laura M. Nagel, Drug Enforcement Administration registered as a bulk manufacturer of the Deputy Assistant Administrator, Office of basic classes of controlled substances Diversion Control, Drug Enforcement Manufacturer of Controlled listed below: Administration. Substances; Notice of Application [FR Doc. 03–22327 Filed 8–29–03; 8:45 am] Drug Schedule Pursuant to section 1301.33(a) of title BILLING CODE 4410–09–M 21 of the Code of Federal Regulations Gamma hydroxybutyric acid I (CFR), this is notice that on February 9, (2010). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52226 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Drug Schedule factors in Title 21, United States Code, controlled substances is consistent with Section 823(a) and determined that the the public interest and with United Amphetamine (1100) ...... II registration of Organichem Corporation States obligations under international Phenylacetone (8501) ...... II to manufacture the listed controlled treaties, conventions, or protocols in Methypenidate (1724) ...... II substances is consistent with the public effect on May 1, 1971, at this time. DEA interest at this time. DEA has has investigated Roche Diagnostics The firm plans to produce bulk investigated Organichem Corporation to Corporation on a regular basis to ensure products for finished dosage units for ensure that the company’s registration is that the company’s continued distribution to its customers. consistent with the public interest. This registration is consistent with the public No comments or objections have been investigation has included inspection interest. This investigation included received. DEA has considered the factors in Title 21, United States Code, and testing of the company’s physical inspection and testing of the company’s Section 823(a) and determined that the security systems, verification of the physical security systems, verification registration of Lonza Riverside to company’s compliance with state and of the company’s compliance with state manufacture the listed controlled local laws, and a review of the and local laws, and a review of the substances is consistent with the public company’s background and history. company’s background and history. interest at this time. DEA has Therefore, pursuant to 21 U.S.C. 823 Therefore, pursuant to Section 1008(a) investigated Lonza Riverside to ensure and 28 CFR 0.100 and 0.104, the Deputy of the Controlled Substances Import and that the company’s registration is Assistant Administrator, Office of Export Act and in accordance with Title consistent with the public interest. This Diversion Control, hereby orders that 21, Code of Federal Regulations, Section investigation has included inspection the application submitted by the above 1301.34, the above firm is granted and testing of the company’s physical firm for registration as a bulk registration as an importer of the basic security systems, verification of the manufacturer of the basic class of classes of controlled substances listed company’s compliance with state and controlled substance listed is granted. above. local laws, and a review of the Dated: August 19, 2003. Dated: August 19, 2003. company’s background and history. Laura M. Nagel, Laura M. Nagel, Therefore, pursuant to 21 U.S.C. 823 Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of and 28 CFR 0.100 and 0.104, the Deputy Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement Assistant Administrator, Office of Administration. Administration. Diversion Control, hereby orders that [FR Doc. 03–22325 Filed 8–29–03; 8:45 am] [FR Doc. 03–22322 Filed 8–29–03; 8:45 am] the application submitted by the above BILLING CODE 4410–09–M BILLING CODE 4410–09–M firm for registration as a bulk manufacturer of the basic classes of controlled substances listed is granted. DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Dated: August 19, 2003. Drug Enforcement Administration Drug Enforcement Administration Laura M. Nagel, Deputy Assistant Administrator, Office of Importer of Controlled Substances; Manufacturer of Controlled Diversion Control, Drug Enforcement Notice of Registration Substances; Notice of Registration Administration. [FR Doc. 03–22324 Filed 8–29–03; 8:45 am] By Notice dated May 2, 2003 and By Notice dated may 2, 2003, and published in the Federal Register on BILLING CODE 4410–09–M published in the Federal Register on May 29, 2003, (68 FR 32089), Roche May 29, 2003, (68 FR 32089), Roche Diagnostics Corporation, 9115 Hague Diagnostics corporation, Attn: DEPARTMENT OF JUSTICE Road, Indianapolis, Indiana 46250, Regulatory Compliance, 9115 Hague made application by renewal to the Road, Indianapolis, Indiana 46250, Drug Enforcement Administration Drug Enforcement Administration made application by renewal to the (DEA) to be registered as an importer of Drug Enforcement Administration to be Manufacturer of Controlled Schedules I & II, for the basic classes of registered as a bulk manufacturer of the Substances Notice of Registration controlled substances listed below: basic classes of controlled substances By Notice dated April 29, 2003, and listed below: Drug Schedule published in the Federal Register on Sched- May 29, 2003, (68 FR 32089), Lysergic Acid Diethylamide (7315) I Drug ule Organichem Corporation, 33 Riverside Tetrahydrocannabinols (7370) ..... I Avenue, Rensselaer, New York 12144, Alphamethadol (9605) ...... I Lysergic Acid Diethylamide (7515) ... I made application by renewal to the Phencyclidine (7471) ...... II Tetrahydrocannabinol (7370) ...... I Drug Enforcement Administration to be Benzoylecogonine (9180) ...... II Alphamethadol (9605) ...... I registered as a bulk manufacturer of the Methadone (9250) ...... II Phencyclidine (7471) ...... II basic class of Schedule II of controlled Morphine (9300) ...... II Benzoylecogonine (9180) ...... II substance listed below: Methadone (9250) ...... II The firm plans to import the listed Morphine (9300) ...... II Drug Schedule controlled substances to manufacture diagnostic products for distribution to The firm plans to manufacture small Dextropoxyphene (9273) ...... II its customers. quantities of controlled substances for No comments or objections have been use in diagnostic products. The firm plans to manufacture bulk received. DEA has considered the No comments or objections have been products for distribution to its factors in Title 21, United States Code, received. DEA has considered the customers. Section 823(a) and determined that the factors in Title 21, United States Code, No comments or objections have been registration of Roche Diagnostics Section 823(a) and determined that the received. DEA has considered the Corporation to import the listed registration of Rocke Diagnostics VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52227 Corporation to manufacture the listed workers’ separation or threat of importantly to the workers’ separation controlled substances is consistent with separation and to the decline in sales or or threat of separation. the public interested at this time. DEA production of such firm or subdivision; Negative Determinations for Worker has investigated Roche Diagnostics or Adjustment Assistance Corporation to insure that the II. Section (a)(2)(B) both of the company’s registration is consistent following must be satisfied: In the following case, the with the public interest. This A. A significant number or proportion investigation revealed that the criteria investigation has included inspection of the workers in such workers’ firm, or for eligibility have not been met for the and testing of the company’s physical an appropriate subdivision of the firm, reasons specified. security systems, verification of the have become totally or partially The investigation revealed that company’s compliance with state and separated, or are threatened to become criterion (a)(2)(A)(I.C.) (Increased local laws, and a review of the totally or partially separated; imports) and (a)(2)(B)(II.B.) (No shift in company’s background and history. B. There has been a shift in production to a foreign country) have Therefore, pursuant to 21 U.S.C. 823 production by such workers’ firm or not been met. and 28 CFR 0.100 and 0.104, the Deputy subdivision to a foreign country of TA–W–51,958; UTI Star Guide, Arvada, Assistant Administrator, Office of articles like or directly competitive with CO Diversion Control, hereby orders that articles which are produced by such TA–W–52,093; Mendocino Forest the application submitted by the above firm or subdivision; and Products, Fort Bragg, CA firm for registration as a bulk C. One of the following must be TA–W–52,149; OEC Medical Systems, manufacturer of the basic classes of satisfied: Inc., d/b/a GE OEC Medical controlled substances listed in granted. 1. The country to which the workers’ Systems, Inc., a subsidiary of The General Electric Co., Warsaw, IN Dated: August 19, 2003. firm has shifted production of the articles is a party to a free trade TA–W–52,215; Cooper B-Line, Portland, Laura M. Nagel, OR Deputy Assistant Administrator, Office of agreement with the United States; 2. The country to which the workers’ TA–W–51,918; Alstom T&D Industries, Diversion Control, Drug Enforcement High Voltage Switchgear Div., Administration firm has shifted production of the articles to a beneficiary country under Charleroi, PA [FR Doc. 03–22323 Filed 8–29–03; 8:45 am] TA–W–51,995; Occidental Chemical the Andean Trade Preference Act, BILLING CODE 4410–09–M Corp., New Owner—Elementis African Growth and Opportunity Act, or Chromium LP, a subsidiary of the Caribbean Basin Economic Recovery Elementis PLC, Castle Hayne, NC DEPARTMENT OF LABOR Act; or TA–W–52,267; Ken-Bar Manufacturing 3. There has been or is likely to be an Co., Baldwin, GA Employment and Training increase in imports of articles that are TA–W–52,292; Manning Lighting, Administration like or directly competitive with articles Sheboygan, WI which are or were produced by such TA–W–52,297; Intermet, Radford Notice of Determinations Regarding firm or subdivision. Foundry, Radford, VA Eligibility To Apply for Worker Also, in order for an affirmative TA–W–52,327; NIBCO, Inc., Central Adjustment Assistance determination to be made and a Tooling Services Center, Elkhart, IN In accordance with section 223 of the certification of eligibility to apply for TA–W–51,800; Meridian Automotive Trade Act of 1974, as amended, (19 worker adjustment assistance as an Systems, Exterior Composites Div., U.S.C. 2273), the Department of Labor adversely affected secondary group to be Centralia, IL herein presents summaries of issued, each of the group eligibility TA–W–51,838; Rio Grande Forest determinations regarding eligibility to requirements of section 222(b) of the Products, Inc., Espanola, NM apply for trade adjustment assistance for Act must be met. TA–W–52,128 & A, B; Control workers (TA–W) issued during the (1) Significant number or proportion Engineering Co., Pellston, MI, period of August 2003. of the workers in the workers’ firm or Harbor Springs, MI and Boyne City, In order for an affirmative an appropriate subdivision of the firm MI determination to be made and a have become totally or partially TA–W–52,171; Read-Rite Corp., certification of eligibility to apply for separated, or are threatened to become Fremont, CA directly-impacted (primary) worker totally or partially separated; TA–W–52,293; Hilti North America, a adjustment assistance to be issued, each (2) The workers’ firm (or subdivision) Div. of Hilti Corp., Plant 5, Tulsa, of the group eligibility requirements of is a supplier or downstream producer to OK Section 222(a) of the Act must be met. a firm (or subdivision) that employed a The workers firm does not produce an I. Section (a)(2)(A) all of the following group of workers who received a article as required for certification under must be satisfied: certification of eligibility to apply for section 222 of the Trade Act of 1974. A. A significant number or proportion trade adjustment assistance benefits and TA–W–52,003; Menlo Logistics, Inc., d/ of the workers in such workers’ firm, or such supply or production is related to b/a Menlo Worldwide Logistics, a an appropriate subdivision of the firm, the article that was the basis for such wholly owned subsidiary of Menlo have become totally or partially certification; and Worldwide, LLC, Edison, NJ separated, or are threatened to become (3) Either—(A) The workers’ firm is a TA–W–52,357; Motorola, Inc., Personal totally or partially separated; supplier and the component parts it Communications Sector (PCS), B. The sales or production, or both, of supplied for the firm (or subdivision) Libertyville, IL such firm or subdivision have decreased described in paragraph (2) accounted for TA–W–52,255; Solectron Technology, absolutely; and at least 20 percent of the production or Inc., Charlotte, NC C. Increased imports of articles like or sales of the workers’ firm; or TA–W–52,403; Jones Equipment, Inc., directly competitive with articles (B) A loss or business by the workers’ Missoula, MT produced by such firm or subdivision firm with the firm (or subdivision) TA–W–51,970; Northwest Airlines, Inc., have contributed importantly to such described in paragraph (2) contributed St. Paul, MN VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52228 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices TA–W–52,358; JDS Uniphase, Rochester, The following certifications have been TA–W–52,424; Emglo Products, LLC, a MN issued. The requirements of (a)(2)(B) wholly owned subsidiary of Flack The investigation revealed that (shift in production) of section 222 have and Decker (USA), Inc., including criteria (a)(2)(A)(I.A) (no employment been met. leased workers of Rom Ruggeri declines) have not been met. TA–W–52,080; MJJ Brilliant, Inc., New Enterprise, d/b/a Spherion, TA–W–52,421; State of Alaska York, NY: June 2, 2002. Johnstown, PA: July 29, 2002. Commercial Fisheries Entry TA–W–52,187; General Electric, The following certification has been Commission Permit #S04T64920J, Industrial Systems/Motors Div., a Dillingham, AK subsidiary of General Electric Co., issued. The requirement of upstream TA–W–52,326; Bojud Knitting Mills, Jonesboro, AR: June 27, 2002. supplier to a trade certified primary firm Inc., Amsterdam, NY TA–W–52,194; Cascades Diamond, Inc., has been met. The investigation revealed that including leased workers of Dunhill TA–W–52,335; American Bag Corp., a criteria (a)(2)(A) (I.C) (increased Staffing Systems, Thorndike, MA: div. of Milliken and Company, imports) and (a)(2)(B) (II.C) (has shifted June 24, 2002. Stearns, KY: November 21, 2002. production to a foreign country) have TA–W–52,275; Cordis Corp., Miami not been met. Lakes, FL: June 20, 2002. I hereby certify that the TA–W–52,052; Corning Cable Systems, TA–W–52,300; A.O. Smith, Water aforementioned determinations were Telecommunications Cable Plant Products Co., including leased issued during the months of August. (TCP), Hickory, NC workers of Manpower, ESI and Copies of these determinations are Quantum, McBee, SC: July 8, 2002. available for inspection in Room C– Affirmative Determinations for Worker TA–W–52,328; Photocircuits Corp., 5311, U.S. Department of Labor, 200 Adjustment Assistance including leased workers of Express Constitution Avenue, NW., Washington, The following certifications have been Personnel Services, Peachtree City, DC 20210, during normal business issued; the date following the company GA: July 16, 2002. hours or will be mailed to persons who name and location of each TA–W–52,341; Firestone Tube Co., write to the above address. determination references the impact Russellville, AR: July 16, 2002. Dated: August 18, 2003. date for all workers of such TA–W–52,401; Ivaco Steel Processing, determination. Tonawanda, NY: July 24, 2002. Timothy Sullivan, The following certifications have been TA–W–52,443; Formica Corp., Evendale Director, Division of Trade Adjustment issued. The requirements of (a)(2)(A) Facility, Cincinnati, OH: July 31, Assistance. (increased imports) of section 222 have 2002. [FR Doc. 03–22287 Filed 8–29–03; 8:45 am] been met. TA–W–52,456; Cutler Hammer, Inc. BILLING CODE 4510–30–P TA–W–52,117; Johnstown America (formerly Innovative Technology, Corp., Johnstown, PA: June 9, 2002. Inc.), div. of The Eaton Corp., TA–W–52,202; Lexel Company, Brooksville, FL: August 1, 2002. DEPARTMENT OF LABOR Hutsonville, IL: June 23, 2002. TA–W–52,457; Coherent, Inc., Printed TA–W–52,274; Thomson, Inc., Circuit Boards Department, Employment and Training Circleville Glass Operations, Auburn, CA: August 4, 2002. Administration Circleville, OH: June 27, 2002. TA–W–52,458; APW, Creedmoor, NC: TA–W–52,336; Consolidated Diesel Co., August 4, 2002. [TA–W–52,381] Whitakers, NC: July 16, 2002. TA–W–51,502; Ericsson Micro TA–W–52,349; Terry Apparel, a/k/a Electronics, Inc., Power Modules Belding Hausman, Inc., Lincolnton, Mariana Apparel, Mariana, AR: July Div., Richardson, TX: April 7, 2002. NC; Notice of Termination of 18, 2002. TA–W–52,237; Alstom Power, Inc., Investigation TA–W–52,173; Carr Lowrey Glass Co., Performance Projects, Chattanooga, Baltimore, MD: June 27, 2002. TN: July 3, 2002. Pursuant to section 221 of the Trade TA–W–52,332; Aircraft Precision TA–W–52,299; Gerber Plumbing Products, Inc., Ithaca, MI: July 15, Act of 1974, an investigation was Fixtures, LLC, Gerber Plumbing 2002. initiated on July 24, 2003, in response Fixtures Corp., Globe Valve Div., TA–W–52,252; Richmond Management, to a petition filed by the company on Delphi, IN: July 11, 2002. LLC, Talbott, TN: July 3, 2002. behalf of workers at Belding Hausman, TA–W–52,319; Akron Porcelain and TA–W–52,375; Sanmina-SCI Corp., EMS Inc., Lincolnton, North Carolina. Div., Huntsville, AL: July 22, 2002. Plastics Co., Inc., Akron, OH: June The petitioner requested that the 20, 2002. TA–W–52,450; VF Imagewear, Tupelo, MS: August 1, 2002. petition be withdrawn. Consequently, TA–W–52,340; RST&B Curtain and further investigation in this case would Drapery, Florence, SC: July 17, TA–W–52,037; Swan Finishing Co., Inc., Fall River, MA: June 13, 2002. serve no purpose, and the investigation 2002. has been terminated. TA–W–52,431; PFC, Inc., Athens, TN: TA–W–52,115; Penn Iron Works, Inc., July 29, 2002. Sinking Spring, PA: June 16, 2002. Signed at Washington, DC, this 19th day of TA–W–52,465; Moog Aircraft, Salt Lake TA–W–52,226 & A; Yorkshire Americas, August, 2003. City, UT: July 31, 2002. Inc., Charlotte, NC and Lowell Elliott S. Kushner, Manufacturing facility, Lowell, NC: TA–W–52,276; Bureau of Engraving, Certifying Officer, Division of Trade Inc., Electronics Group, July 2, 2002. Adjustment Assistance. TA–W–52,254; Alexander Fabrics LLLP, Minneapolis, MN: July 10, 2002. [FR Doc. 03–22286 Filed 8–29–03; 8:45 am] TA–W–52,197; Specialty Mode, Inc., Burlington, NC: July 1, 2002. Jacksonville, NC. TA–W–52,263; Trelleborg YSH, Inc., a BILLING CODE 4510–30–P TA–W–52,072; Colson Associates, Inc., a div. of Trelleborg Industries, Inc., a div. of Colson Caster Corp., div. of Trelleborg AB, Logansport, Jonesboro, AR: June 16, 2002. IN: July 1, 2002. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52229 DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA–W–52,505] [TA–W–51,768] [TA–W–52,428] Flextronics Logistics, Mt. Juliet, TN; Chilkoot Fish Company, Haines, AK; Edison Fashion, Inc., Bronx, NY; Notice of Termination of Investigation Notice of Termination of Investigation Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an Pursuant to section 221 of the Trade Pursuant to Section 221 of the Trade investigation was initiated on August Act of 1974, as amended, an Act of 1974, as amended, an 11, 2003 in response to a worker investigation was initiated on May 14, investigation was initiated on July 30, petition filed on behalf of workers at 2003, in response to a worker petition 2003, in response to a petition filed by Flextronics Logistics, Mt. Juliet, filed by a company official on behalf of UNITE!, New York Apparel and Allied Tennessee. workers at Chilkoot Fish Company, Workers Joint Board, Local 10, Local The petitioner has requested that the Haines, Alaska. 89–22–1 and Local 189, on behalf of petition be withdrawn. Consequently, The petitioner no longer wants to workers at Edison Fashion, Inc., Bronx, the investigation has been terminated. New York. pursue the petition investigation. Signed at Washington, DC, this 15th day of Consequently, further investigation The petitioner has requested that the August, 2003. would serve no purpose and the petition be withdrawn. Consequently, Elliott S. Kushner, investigation is terminated. the investigation has been terminated. Certifying Officer, Division of Trade Signed at Washington, DC, this 13th day of Signed at Washington, DC, this 12th day of Adjustment Assistance. August, 2003. August, 2003. [FR Doc. 03–22282 Filed 8–29–03; 8:45 am] Linda G. Poole, Elliott S. Kushner, BILLING CODE 4510–30–P Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. DEPARTMENT OF LABOR [FR Doc. 03–22276 Filed 8–29–03; 8:45 am] [FR Doc. 03–22271 Filed 8–29–03; 8:45 am] BILLING CODE 4510–30–P BILLING CODE 4510–30–P Employment and Training Administration [TA–W–52,442] DEPARTMENT OF LABOR DEPARTMENT OF LABOR Fruit Of The Loom, Harlingen, TX; Employment and Training Employment and Training Notice of Termination of Investigation Administration Administration Pursuant to Section 221 of the Trade [TA–W–52,511] [TA–W–52,447] Act of 1974, as amended, an investigation was initiated on July 31, Cooper Crouse-Hinds Myers-Hub, Fisher Controls, LLC, a Division of 2003 in response to a worker petition Montebello, CA; Notice of Termination Emerson Electric Company, North filed by a company official on behalf of of Investigation Stonington, CT; Notice of Termination workers at Fruit Of The Loom, of Investigation Harlingen, Texas. Pursuant to Section 221 of the Trade The petitioner has requested that the Act of 1974, as amended, an Pursuant to Section 221 of the Trade petition be withdrawn. Consequently, the investigation has been terminated. investigation was initiated on August Act of 1974, as amended, an 11, 2003 in response to a worker investigation was initiated on August 1, Signed at Washington, DC, this 12th day of petition filed on behalf of workers at 2003 in response to a petition filed by August, 2003. Cooper Crouse-Hinds Myers-Hub, a company official on behalf of workers Elliott S. Kushner, Montebello, California. at Fisher Controls, LLC, a division of Certifying Officer, Division of Trade Adjustment Assistance. A petitioner has requested that the Emerson Electric Company, North [FR Doc. 03–22270 Filed 8–29–03; 8:45 am] petition be withdrawn. Consequently, Stonington, Connecticut. BILLING CODE 4510–30–P the investigation has been terminated. The petitioner has requested that the Signed at Washington, DC, this 18th day of petition be withdrawn. Consequently, August, 2003. the investigation has been terminated. DEPARTMENT OF LABOR Elliott S. Kushner, Signed at Washington, DC, this 12th day of August, 2003. Employment and Training Certifying Officer, Division of Trade Administration Adjustment Assistance. Linda G. Poole, [FR Doc. 03–22281 Filed 8–29–03; 8:45 am] Certifying Officer, Division of Trade [TA–W–52,510] Adjustment Assistance. BILLING CODE 4510–30–P General Binding Corporation (GBC), [FR Doc. 03–22269 Filed 8–29–03; 8:45 am] Booneville, MS; Notice of Termination BILLING CODE 4510–30–P of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on August 11, 2003 in response VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52230 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices to a worker petition which was filed by Signed at Washington, DC, this 15th day of DEPARTMENT OF LABOR a company official on behalf of workers August, 2003. at General Binding Corporation (GBC), Linda G. Poole, Employment and Training Booneville, Mississippi. Certifying Officer, Division of Trade Administration The petitioner has requested that the Adjustment Assistance. petition be withdrawn. Consequently, [FR Doc. 03–22285 Filed 8–29–03; 8:45 am] [TA–W–52,470] the investigation has been terminated. BILLING CODE 4510–30–P Signed in Washington, DC, this 13th day of Premium Security, Kentwood, MI; August, 2003. Notice of Termination of Investigation Elliott S. Kushner, DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Certifying Officer, Division of Trade Employment and Training Adjustment Assistance. Act of 1974, an investigation was Administration [FR Doc. 03–22268 Filed 8–29–03; 8:45 am] initiated on July 5, 2003 in response to BILLING CODE 4510–30–P a petition filed by the company on [TA–W–52,407] behalf of workers at Premium Security, Kentwood, Michigan. DEPARTMENT OF LABOR Jonathan Reed, Inc., Lumberton, NC; Notice of Termination of Investigation The petitioner requested that the Employment and Training petition be withdrawn. Consequently, Administration Pursuant to Section 221 of the Trade further investigation in this case would Act of 1974, an investigation was serve no purpose, and the investigation [TA–W–52,211] initiated on July 28, 2003 in response to has been terminated. a petition filed by a company official on Heraeus Quartztech, Inc., Fairfield, NJ; behalf of workers at Jonathan Reed, Inc., Signed at Washington, DC, this 18th day of Notice of Termination of Investigation Lumberton, North Carolina. August, 2003. Pursuant to section 221 of the Trade The company official has requested Elliott S. Kushner, Act of 1974, as amended, an that the investigation be terminated. Certifying Officer, Division of Trade investigation was initiated on July 2, Consequently, further investigation in Adjustment Assistance. 2003, in response to a worker petition this case would serve no purpose, and [FR Doc. 03–22283 Filed 8–29–03; 8:45 am] filed by a company official on behalf of the investigation has been terminated. BILLING CODE 4510–30–P workers at Heraeus Quartztech, Inc., Signed at Washington, DC, this 11th day of Fairfield, New Jersey. August, 2003. The petitioner has requested that the Elliott S. Kushner, DEPARTMENT OF LABOR petition be with-drawn. Consequently, Certifying Officer, Division of Trade Employment and Training the investigation has been terminated. Adjustment Assistance. Administration Signed at Washington, DC, this 12th day of [FR Doc. 03–22272 Filed 8–29–03; 8:45 am] August, 2003. BILLING CODE 4510–30–P Elliott S. Kushner, [TA–W–52,469 and TA–W–52,469A] Certifying Officer, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR Shell E & P Company, Houston, TX, [FR Doc. 03–22275 Filed 8–29–03; 8:45 am] Shell E & P Company, New Orleans, BILLING CODE 4510–30–P Employment and Training Louisiana; Notice of Termination of Administration Investigation DEPARTMENT OF LABOR [TA–W–52,518] Pursuant to Section 221 of the Trade Act of 1974, as amended, an Employment and Training Paper Converting Machine Co., Green investigation was initiated on August 5, Administration Bay, WI; Notice of Termination of 2003 in response to a worker petition [TA–W–52,425] Investigation filed on behalf of workers at Shell E & P Company, Houston, Texas (TA–W– Home Products International, Inc., Pursuant to Section 221 of the Trade 52,469) and Shell E & P Company, New Eagan, MN; Notice of Termination of Act of 1974, as amended, an Orleans, Louisiana (TA–W–52,469A). Investigation investigation was initiated on August 11, 2003 in response to a worker The petitioner has requested that the Pursuant to section 221 of the Trade petition filed by the United Auto petition be withdrawn. Consequently, Act of 1974, as amended, an Workers Union Local 1102, on behalf of the investigation has been terminated. investigation was initiated on July 30, workers at Paper Converting Machine Signed at Washington, DC, this 15th day of 2003, in response to a worker petition Company, Green Bay, Wisconsin. August, 2003. filed by the International Association of The petitioner has requested that the Machinists and Aerospace Workers, Elliott S. Kushner, petition be withdrawn. Consequently, Certifying Officer, Division of Trade District Lodge Number 77, Egan, the investigation has been terminated. Minnesota, on behalf of workers at Adjustment Assistance. Home Products International, Eagan, Signed at Washington, DC, this 15th day of [FR Doc. 03–22284 Filed 8–29–03; 8:45 am] August, 2003. Minnesota. BILLING CODE 4510–30–P The petitioner union representative Elliott S. Kushner, has requested the petition be Certifying Officer, Division of Trade withdrawn. Consequently, further Adjustment Assistance. investigation would serve no purpose [FR Doc. 03–22279 Filed 8–29–03; 8:45 am] and the investigation is terminated. BILLING CODE 4510–30–P VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52231 DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA–W–52,306] [TA–W–52,584] [TA–W–52,345] York International Corporation, Siebel Systems, Emeryville, CA; Notice SPX Dock Products, A Division of SPX Grantley Plant, York, PA; Notice of of Termination of Investigation Corporation, Milwaukee, WI; Notice of Termination of Investigation Termination of Investigation Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade Act of 1974, as amended, an Act of 1974, as amended, an Pursuant to section 221 of the Trade investigation was initiated on July 15, investigation was initiated on August Act of 1974, as amended, an 2003, in response to a worker petition 18, 2003 in response to a worker investigation was initiated on July 18, filed on behalf of workers at York petition filed by the One Stop Career 2003, in response to a petition filed by International Corporation, Grantley Center, on behalf of workers at Siebel the International Union of Teamsters, Plant, York, Pennsylvania. Systems, Emeryville, California. ‘‘General’’ Local Union, No. 200, on The company official has requested The petitioner has requested that the behalf of workers at SPX Dock Products, that this petition be withdrawn. petition be withdrawn. Consequently, a division of SPX Corporation, Consequently, further investigation the investigation has been terminated. Milwaukee, Wisconsin. would serve no purpose and the investigation is terminated. Signed at Washington, DC, this 20th day of The petitioner has requested that the August, 2003. petition be withdrawn. Consequently, Signed at Washington, DC, this 12th day of August, 2003. Elliott S. Kushner, further investigation would serve no purpose, and the investigation has been Linda G. Poole, Certifying Officer, Division of Trade terminated. Adjustment Assistance. Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 03–22278 Filed 8–29–03; 8:45 am] Signed at Washington, DC, this 13th day of August, 2003. [FR Doc. 03–22274 Filed 8–29–03; 8:45 am] BILLING CODE 4510–30–P Linda G. Poole, BILLING CODE 4510–30–P Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. MEDICARE PAYMENT ADVISORY [FR Doc. 03–22277 Filed 8–29–03; 8:45 am] Employment and Training COMMISSION BILLING CODE 4510–30–P Administration Commission Meeting [TA–W–52,324] DEPARTMENT OF LABOR AGENCY: Medicare Payment Advisory Commission. Sierra Pine, Ltd, Medite Division, Employment and Training ACTION: Notice of meeting. Medford, OR; Notice of Termination of Administration Investigation SUMMARY: The Commission will hold its next public meeting on Thursday, [TA–W–52,512] Pursuant to Section 221 of the Trade September 11, 2003, and Friday, September 12, 2003, at the Ronald Act of 1974, an investigation was Triquint Optoelectronics, Breinigsville, Reagan Building, International Trade initiated on July 16, 2003 in response to PA; Notice of Termination of Center, 1300 Pennsylvania Avenue, a petition filed by the Association of Investigation NW., Washington, DC. The meeting is Western Pulp and Paper Workers tentatively scheduled to begin at 10 a.m. (AWPPW) on behalf of workers at Sierra Pursuant to Section 221 of the Trade on September 11, and at 9 a.m. on Pine, LTD, Medite Division, Medford, Act of 1974, as amended, an September 12. Oregon. investigation was initiated on August Topics for discussion include: setting The petitioner requested that the 11, 2003, in response to a petition filed the context for Medicare spending; petition be withdrawn. Consequently, by a company official on behalf of disease management and care further investigation in this case would workers at TriQuint Optoelectronics, coordination services in traditional serve no purpose, and the investigation Breinigsville, Pennsylvania. Medicare; the quality of care in has been terminated. The petitioner has requested that the Medicare; outpatient dialysis payment issues; risk adjustment in Signed at Washington, DC, this 11th day of petition be withdrawn. Consequently, Medicare+Choice; inpatient hospital August, 2003. the investigation has been terminated. issues; workplans for payment adequacy Linda Poole, Signed at Washington, DC, this 20th day of analyses, including physicians, hospital Certifying Officer, Division of Trade August, 2003. outpatient departments, and post-acute Adjustment Assistance. Elliott S. Kushner, care providers. There will also be a [FR Doc. 03–22273 Filed 8–29–03; 8:45 am] Certifying Officer, Division of Trade panel on the growth and variation in the BILLING CODE 4510–30–P Adjustment Assistance. use of physician services. [FR Doc. 03–22280 Filed 8–29–03; 8:45 am] Agendas will be e-mailed BILLING CODE 4510–30–P approximately one week prior to the meeting. The final agenda will be available on the Commission’s Web site (http://www.MedPAC.gov). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52232 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices ADDRESSES: MedPAC’s address is: 601 The meeting will be open to the —NASA/FAA Safety R&D Roadmaps New Jersey Avenue, NW., Suite 9000, public up to the seating capacity of the It is imperative that the meeting be Washington, DC 20001. The telephone room (150). Photographs will only be held on the above date to accommodate number is (202) 220–3700. permitted during the first 10 minutes of the scheduling priorities of the key FOR FURTHER INFORMATION CONTACT: the meeting. Visitors will be requested participants. Visitors will be requested Diane Ellison, Office Manager, (202) to sign a visitor’s register. to sign a visitors register. Members of the public that would like 220–3700. June W. Edwards, to make a 5 minute verbal presentation Mark E. Miller, to the Panel should contact Ms. Susan Advisory Committee Management Officer, Executive Director. National Aeronautics and Space Burch on (202) 358–0550 at least 24 Administration. [FR Doc. 03–22344 Filed 8–29–03; 8:45 am] hours in advance. Any member of the [FR Doc. 03–22335 Filed 8–29–03; 8:45 am] BILLING CODE 6820–BW–M public is permitted to file a written statement with the Panel at the time of BILLING CODE 7510–01–P the meeting. NATIONAL AERONAUTICS AND Verbal presentation and written SPACE ADMINISTRATION comments should be limited to the THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES [Notice 03–097] subject of safety at Kennedy Space Center specifically or in NASA in SES Performance Review Board Aerospace Safety Advisory Panel general. Meeting AGENCY: The National Endowment for June W. Edwards, the Humanities. Advisory Committee Management Officer, AGENCY: National Aeronautics and ACTION: Notice. Space Administration. National Aeronautics and Space Administration. ACTION: Notice of meeting. SUMMARY: This notice announces the [FR Doc. 03–22195 Filed 8–29–03; 8:45 am] membership of the Performance Review SUMMARY: In accordance with the BILLING CODE 7510–01–P Board of the National Endowment for Federal Advisory Committee Act, Public the Humanities. Law 92–463, as amended, the National FOR FURTHER INFORMATION CONTACT: NATIONAL AERONAUTICS AND Aeronautics and Space Administration Timothy G. Connelly, Director of SPACE ADMINISTRATION announces a forthcoming meeting of the Human Resources, National Endowment Aerospace Safety Advisory Panel. [Notice (03–098)] for the Humanities, 1100 Pennsylvania DATES: Thursday, September 18, 2003, 1 Avenue, NW., Washington, DC 20506; p.m. to 4 p.m. eastern daylight time. Revolutionize Aviation Subcommittee; telephone (202) 606–8415. ADDRESSES: Florida Space Authority, Meeting SUPPLEMENTARY INFORMATION: 5 U.S.C. Auditorium, 100 Spaceport Way, Cape AGENCY: National Aeronautics and 3393 and 4314(c)(1) through (5) require Canaveral, Florida 32920, (321) 730– Space Administration (NASA). each agency to establish, in accordance 5301. with regulations prescribed by the ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: Mr. Office of Personnel Management, both Mark D. Erminger, Aerospace Safety SUMMARY: The National Aeronautics and an executive resources board and a Advisory Panel Executive Director, Space Administration announces a performance review board for SES. The Code Q–1, National Aeronautics and forthcoming meeting of the National Endowment for the Humanities Space Administration, Washington, DC Revolutionize Aviation Subcommittee has a combined Board, which is referred 20546, (202) 358–0074. (RAS). to as the Executive Resources and SUPPLEMENTARY INFORMATION: The first Performance Review Board (ERPRB). DATES: Wednesday, September 17, 2003, Effective September 1, 2003, the 30 minutes of the meeting will be 9 a.m. to 5 p.m. reserved for public comment on safety members of the National Endowment for at Kennedy Space Center specifically or ADDRESSES: Sheraton Pentagon South the Humanities SES Performance in NASA in general. Following public (Capital Ballroom), 4641 Kenmore Review Board selected to serve are comment, the Aerospace Safety Avenue, Alexandria, VA 22304, 703/ Jeffrey Thomas, Assistant Chairman for Advisory Panel will discuss potential 751–4510. Planning and Operations—Board content of the next annual report to the FOR FURTHER INFORMATION CONTACT: Ms. Chairman, Cherie Harder, Senior NASA Administrator. This discussion is Bernice Lynch, National Aeronautics Counselor to the Chairman, Stephen pursuant to carrying out its statutory and Space Administration, NASA Ross, Director, Office of Challenge duties for which the Panel reviews, Headquarters, Washington, DC 20546, Grants and George Farr, Director, identifies, evaluates, and advises on 202/358–4594. Division of Preservation and Access. All those program activities, systems, SUPPLEMENTARY INFORMATION: The members will serve ‘‘until replaced.’’ procedures, and management activities meeting will be open to the public up Bruce Cole, that can contribute to program risk. to the seating capacity of the room. Chairman. Priority is given to those programs that Agenda topics for the Joint [FR Doc. 03–22241 Filed 8–29–03; 8:45 am] involve the safety of human flight. The Revolutionize Aviation Subcommittee major subjects covered will be: Space (RAS) and Research, Engineering, and BILLING CODE 7536–01–P Shuttle Program, International Space Development (RE&D) Advisory Station Program, Aviation Safety Committee meeting are as follows: Program, and Cross-Program Areas. The —National Plan NATIONAL SCIENCE FOUNDATION Aerospace Safety Advisory Panel is —SATS/Capstone 21 Committee Management; Renewal chaired by Ms. Shirley C. McCarty and —Unmanned Aerial Vehicles in the is composed of nine members and two National Airspace System The NSF management officials having consultants. —Environmental R&D responsibility for NSB Public Service VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52233 Award Committee (#5195) have Under the Commission’s regulations in any person whose interest may be determined that renewing this group for 10 CFR 50.92, this means that operation affected by this proceeding and who another two years is necessary and in of the facility in accordance with the wishes to participate as a party in the the public interest in connection with proposed amendment would not (1) proceeding must file a written request the performance of duties imposed upon Involve a significant increase in the for a hearing and a petition for leave to the Director, National Science probability or consequences of an intervene. Requests for a hearing and a Foundation by 42 U.S.C. 1861 et seq. accident previously evaluated; or (2) petition for leave to intervene shall be This determination follows consultation create the possibility of a new or filed in accordance with the with the Committee Management different kind of accident from any Commission’s ‘‘Rules of Practice for Secretariat, General Services accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 Administration. involve a significant reduction in a CFR part 2. Interested persons should Authority for this Committee will margin of safety. The basis for this consult a current copy of 10 CFR 2.714, expire on September 4, 2003, unless proposed determination for each which is available at the Commission’s they are renewed. For more information amendment request is shown below. PDR, located at One White Flint North, contact Susanne Bolton at (703) 292– The Commission is seeking public Public File Area 01F21, 11555 Rockville 7488. comments on this proposed Pike (first floor), Rockville, Maryland. determination. Any comments received Dated: August 27, 2003. Publicly available records will be within 30 days after the date of accessible from the Agencywide Susanne Bolton, publication of this notice will be Documents Access and Management Committee Management Officer. considered in making any final System’s (ADAMS) Public Electronic [FR Doc. 03–22289 Filed 8–29–03; 8:45 am] determination. Reading Room on the Internet at the BILLING CODE 7555–01–M Normally, the Commission will not NRC Web site, http://www.nrc.gov/ issue the amendment until the reading-rm/doc-collections/cfr/. If a expiration of the 30-day notice period. request for a hearing or petition for NUCLEAR REGULATORY However, should circumstances change leave to intervene is filed by the above COMMISSION during the notice period such that date, the Commission or an Atomic failure to act in a timely way would Safety and Licensing Board, designated Biweekly Notice; Applications and result, for example, in derating or by the Commission or by the Chairman Amendments to Facility Operating shutdown of the facility, the of the Atomic Safety and Licensing Licenses Involving No Significant Commission may issue the license Board Panel, will rule on the request Hazards Considerations amendment before the expiration of the and/or petition; and the Secretary or the 30-day notice period, provided that its I. Background designated Atomic Safety and Licensing final determination is that the Board will issue a notice of a hearing or Pursuant to Public Law 97–415, the amendment involves no significant an appropriate order. U.S. Nuclear Regulatory Commission hazards consideration. The final As required by 10 CFR 2.714, a (the Commission or NRC staff) is determination will consider all public petition for leave to intervene shall set publishing this regular biweekly notice. and State comments received before forth with particularity the interest of Public Law 97–415 revised section 189 action is taken. Should the Commission the petitioner in the proceeding, and of the Atomic Energy Act of 1954, as take this action, it will publish in the how that interest may be affected by the amended (the Act), to require the Federal Register a notice of issuance results of the proceeding. The petition Commission to publish notice of any and provide for opportunity for a should specifically explain the reasons amendments issued, or proposed to be hearing after issuance. The Commission why intervention should be permitted issued, under a new provision of section expects that the need to take this action with particular reference to the 189 of the Act. This provision grants the will occur very infrequently. following factors: (1) The nature of the Commission the authority to issue and Written comments may be submitted petitioner’s right under the Act to be make immediately effective any by mail to the Chief, Rules and made a party to the proceeding; (2) the amendment to an operating license Directives Branch, Division of nature and extent of the petitioner’s upon a determination by the Administrative Services, Office of property, financial, or other interest in Commission that such amendment Administration, U.S. Nuclear Regulatory the proceeding; and (3) the possible involves no significant hazards Commission, Washington, DC 20555– effect of any order which may be consideration, notwithstanding the 0001, and should cite the publication entered in the proceeding on the pendency before the Commission of a date and page number of this Federal petitioner’s interest. The petition should request for a hearing from any person. Register notice. Written comments may also identify the specific aspect(s) of the This biweekly notice includes all also be delivered to Room 6D22, Two subject matter of the proceeding as to notices of amendments issued, or White Flint North, 11545 Rockville which petitioner wishes to intervene. proposed to be issued from, August 8, Pike, Rockville, Maryland, from 7:30 Any person who has filed a petition for 2003, through August 21, 2003. The last a.m. to 4:15 p.m. Federal workdays. leave to intervene or who has been biweekly notice was published on Copies of written comments received admitted as a party may amend the August 19, 2003, (68 FR 49812). may be examined at the Commission’s petition without requesting leave of the Public Document Room (PDR), located Board up to 15 days prior to the first Notice of Consideration of Issuance of at One White Flint North, Public File prehearing conference scheduled in the Amendments to Facility Operating Area 01F21, 11555 Rockville Pike (first proceeding, but such an amended Licenses, Proposed No Significant floor), Rockville, Maryland. The filing of petition must satisfy the specificity Hazards Consideration Determination, requests for a hearing and petitions for requirements described above. and Opportunity for a Hearing leave to intervene is discussed below. Not later than 15 days prior to the first The Commission has made a By October 2, 2003, the licensee may prehearing conference scheduled in the proposed determination that the file a request for a hearing with respect proceeding, a petitioner shall file a following amendment requests involve to issuance of the amendment to the supplement to the petition to intervene no significant hazards consideration. subject facility operating license and which must include a list of the VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52234 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices contentions which are sought to be mail to United States Government Sites,’’ will continue to be used as the litigated in the matter. Each contention offices, it is requested that petitions for radiation dose basis for equipment must consist of a specific statement of leave to intervene and requests for qualification. The proposed amendment the issue of law or fact to be raised or hearing be transmitted to the Secretary would include Technical Specifications controverted. In addition, the petitioner of the Commission either by means of (TS) and associated Bases revisions to shall provide a brief explanation of the facsimile transmission to 301–415–1101 reflect implementation of AST bases of the contention and a concise or by e-mail to [email protected]. assumptions; TS and associated Bases statement of the alleged facts or expert A copy of the request for hearing and revisions to increase main steam opinion which support the contention petition for leave to intervene should isolation valve allowable leakage; TS and on which the petitioner intends to also be sent to the Office of the General and associated Bases revisions to rely in proving the contention at the Counsel, U.S. Nuclear Regulatory decrease allowed feedwater isolation hearing. The petitioner must also Commission, Washington, DC 20555– valve leakage to allow margin to be used provide references to those specific 0001, and because of continuing for other release paths; TS and sources and documents of which the disruptions in delivery of mail to United associated Bases revisions to delete petitioner is aware and on which the States Government offices, it is requirements for the main steam petitioner intends to rely to establish requested that copies be transmitted isolation valve leakage control system; those facts or expert opinion. Petitioner either by means of facsimile TS and associated Bases revisions to must provide sufficient information to transmission to 301–415–3725 or by e- reflect requirements for availability of show that a genuine dispute exists with mail to [email protected]. A copy Standby Liquid Control (SLC) System in the applicant on a material issue of law of the request for hearing and petition Mode 3 and use of the SLC System to or fact. Contentions shall be limited to for leave to intervene should also be buffer suppression pool pH to prevent matters within the scope of the sent to the attorney for the licensee. iodine re-evolution during a postulated amendment under consideration. The Nontimely filings of petitions for radiological release; TS and associated contention must be one which, if leave to intervene, amended petitions, Bases revisions to reflect higher allowed proven, would entitle the petitioner to supplemental petitions and/or requests charcoal adsorber penetrations in relief. A petitioner who fails to file such for a hearing will not be entertained laboratory testing; TS Bases revision to a supplement which satisfies these absent a determination by the reflect an increased allowed secondary requirements with respect to at least one Commission, the presiding officer or the containment drawdown time; TS Bases contention will not be permitted to Atomic Safety and Licensing Board that revision to identify additional participate as a party. the petition and/or request should be containment leakage exclusions from La Those permitted to intervene become granted based upon a balancing of and exclusions from secondary parties to the proceeding, subject to any factors specified in 10 CFR containment bypass allowances; limitations in the order granting leave to 2.714(a)(1)(i)–(v) and 2.714(d). additional allowance for filtered and For further details with respect to this intervene, and have the opportunity to unfiltered inleakage into the control action, see the application for participate fully in the conduct of the room envelope; and development of amendment which is available for hearing, including the opportunity to new offsite and control room public inspection at the Commission’s present evidence and cross-examine atmospheric dispersion factors PDR, located at One White Flint North, witnesses. calculated using site-specific If a hearing is requested, the Public File Area 01F21, 11555 Rockville meteorology data collected between Commission will make a final Pike (first floor), Rockville, Maryland. 2000 and 2002. determination on the issue of no Publicly available records will be Basis for proposed no significant significant hazards consideration. The accessible from the Agencywide hazards consideration determination: final determination will serve to decide Documents Access and Management As required by 10 CFR 50.91(a), the when the hearing is held. System’s (ADAMS) Public Electronic licensee has provided its analysis of the If the final determination is that the Reading Room on the Internet at the amendment request involves no issue of no significant hazards NRC Web site, http://www.nrc.gov/ consideration which is presented below: significant hazards consideration, the reading-rm/adams.html. If you do not Commission may issue the amendment have access to ADAMS or if there are 1. Does the proposed amendment involve and make it immediately effective, problems in accessing the documents a significant increase in the probability or notwithstanding the request for a consequences of an accident previously located in ADAMS, contact the NRC evaluated? hearing. Any hearing held would take PDR Reference staff at 1–800–397–4209, Response: No. place after issuance of the amendment. 301–415–4737 or by e-mail to The proposed amendment implements If the final determination is that the [email protected]. alternative source term (AST) assumptions in amendment request involves a revisions to the analyses of the following significant hazards consideration, any AmerGen Energy Company, LLC, limiting design basis accidents at Clinton hearing held would take place before Docket No. 50–461, Clinton Power Power Station (CPS). the issuance of any amendment. Station, Unit 1, DeWitt County, Illinois • Loss-of-Coolant Accident A request for a hearing or a petition Date of amendment request: April 3, • Main Steam Line Break Accident, and for leave to intervene must be filed with 2003. • Control Rod Drop Accident the Secretary of the Commission, U.S. Description of amendment request: The AST does not require modification of Nuclear Regulatory Commission, The proposed amendment would permit the facility; rather, once the occurrence of an Washington, DC 20555–0001, Attention: application of an alternative source term accident has been postulated the new source Rulemaking and Adjudications Staff, or (AST) methodology, according to term is an input to evaluate the potential may be delivered to the Commission’s Section 50.67, ‘‘Accident source term,’’ consequences. The implementation of the AST has been evaluated in revisions to the PDR, located at One White Flint North, of title 10 of the Code of Federal analyses of the limiting design basis Public File Area 01F21, 11555 Rockville Regulations (10 CFR) with the exception accidents at CPS. Based upon the results of Pike (first floor), Rockville, Maryland, that Technical Information Document these analyses, it has been demonstrated that, by the above date. Because of (TID) 14844, ‘‘Calculation of Distance with the requested changes, the dose continuing disruptions in delivery of Factors for Power and Test Reactor consequences of these limiting events is VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52235 within the regulatory guidance provided by control room, are within the corresponding no adverse effect on the functional the NRC for use with the AST. This guidance regulatory limits. performance of any plant structure, is presented in 10 CFR 50.67 and associated Therefore, operation of CPS in accordance system, or component (SSC). All SSCs Regulatory Guide 1.183, and Standard with the proposed changes will not involve will continue to perform their design Review Plan Section 15.0.1. a significant reduction in a margin of safety. The equipment affected by the revised functions with no decrease in their operational conditions is not considered an The NRC staff has reviewed the capabilities to mitigate the initiator to any previously analyzed accident licensee’s analysis and, based on this consequences of postulated accidents. and therefore, inoperability of the equipment review, it appears that the three P–T limit curves were not previously cannot increase the probability of any standards of 10 CFR 50.92(c) are factored into the probability of previously evaluated accident. The satisfied. Therefore, the NRC staff accidents, nor were they factored into radiological consequences of the above proposes to determine that the scenarios of previously analyzed design basis accidents have been evaluated amendment request involves no accidents. Accordingly, the revised P–T with applications of AST assumptions. The significant hazards consideration. limit curves will lead to no increase in results conclude that the radiological Attorney for licensee: Edward J. consequences remain within applicable the consequences of an accident regulatory limits. Cullen, Deputy General Counsel Exelon previously evaluated, and no increase of Therefore, the proposed changes do not BSC—Legal, 2301 Market Street, the probability of an accident previously involve a significant increase in the Philadelphia, PA 19101. evaluated. probability or consequences of an accident NRC Section Chief: Anthony J. The second standard requires that previously evaluated. Mendiola. operation of the unit in accordance with 2. Does the proposed amendment create the proposed amendment will not create the possibility of a new or different kind of Nine Mile Point Nuclear Station, LLC, Docket No. 50–410, Nine Mile Point the possibility of a new or different kind accident from any accident previously of accident from any accident evaluated? Nuclear Station Unit No. 2, Oswego Response: No. County, New York previously evaluated. The proposed amendment is not the result of a The application of AST does not affect the Date of amendment request: August design, functional performance or operation hardware design change, nor does it of the facility. Similarly, it does not affect the 15, 2003. lead to the need for a hardware design design or operation of any structures, systems Description of amendment request: change. There is no change in the or components involved in the mitigation of The licensee proposed to revise the methods the unit is operated. As a any accidents, nor does it affect the design reactor coolant system pressure- result, all SSCs will continue to perform or operation of any component in the facility temperature (P–T) limit curves specified as previously analyzed by the licensee, such that new equipment failure modes are in Section 3.4.11, ‘‘RCS [Reactor Coolant and previously evaluated and accepted created. System] Pressure and Temperature (P/T) by the NRC staff. Therefore, the As such the proposed amendment will not Limits,’’ of the Technical Specifications create the possibility of a new or different proposed amendment will not create the (TSs). The proposed P–T limit curves possibility of a new or different kind of kind of accident from any accident will be based, in part, on an alternative previously evaluated. accident from any previously evaluated. 3. Does the proposed amendment involve methodology and will be valid for 22 The third standard requires that a significant reduction in a margin of safety? effective full-power years. The operation of the unit in accordance with Response: No. alternative methodology, identified as the proposed amendment will not Approval of the basis change from the American Society of Mechanical involve a significant reduction in a original source term developed in accordance Engineers Boiler and Pressure Vessel margin of safety. Since the licensee did with Technical Information Document (TID) Code Case N–640, has been previously not propose to exceed or alter a design 14844 to a new AST, as described in approved for generic use by the Nuclear basis or safety limit, the proposed Regulatory Guide 1.183, is requested. The Regulatory Commission (NRC). results of the accident analyses revised in amendment will not affect in any way The associated licensee-controlled the performance characteristics and support of the proposed changes, and the TSs Bases pages would also be changed requested Technical Specification changes, intended functions of any SSC. are subject to revised acceptance criteria. to reflect the above TS changes. Therefore, the proposed amendment These analyses have been performed using Basis for proposed no significant does not involve a significant reduction conservative methodologies as specified in hazards consideration determination: in a margin of safety. Regulatory Guide 1.183. As required by 10 CFR 50.91(a), the Based on the NRC staff’s analysis, it Safety margins and analytical licensee has provided its analysis of the appears that the three standards of 10 conservatisms have been evaluated and have issue of no significant hazards CFR 50.92(c) are satisfied. Therefore, the been found acceptable. The analyzed events consideration. The NRC staff has NRC staff proposes to determine that the have been carefully selected and margin has reviewed the licensee’s analysis against been retained to ensure that the analyses amendment request involves no the three standards of 10 CFR 50.92(c). significant hazards consideration. adequately bound postulated event scenarios. The NRC staff’s analysis is presented The dose consequences due to design basis Attorney for licensee: Mark J. accidents comply with the requirements of below: Wetterhahn, Esquire, Winston & Strawn, 10 CFR 50.67 and the guidance of Regulatory The first standard requires that 1400 L Street, NW., Washington, DC Guide 1.183. operation of the unit in accordance with 20005–3502. The margin of safety is considered to be the proposed amendment will not NRC Section Chief: Richard J. Laufer. that provided by meeting the applicable involve a significant increase in the regulatory limits. Relaxation of these probability or consequences of an Nuclear Management Company, LLC, Technical Specification requirements results accident previously evaluated. The Docket No. 50–255, Palisades Plant, in an increase in dose following certain proposed changes, if approved by the Van Buren County, Michigan design basis accidents. However, since the NRC, will be made in a manner such doses following these design basis accidents Date of amendment request: October remain within the regulatory limits, there is that conservatism is maintained through 17, 2002. not a significant reduction in a margin of compliance with applicable NRC Description of amendment request: safety. The changes continue to ensure that regulations and guidance. No hardware The proposed amendment would revise the doses at the exclusion area and low design change is involved with the Technical Specification Table 3.3.1–2 population zone boundaries, as well as the proposed amendment, thus there will be by modifying a constant in the variable VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52236 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices thermal margin/low pressure (TM/LP) Specifications would not change or add a Sources—Operating,’’ TS 3.8.5 ‘‘DC trip equation. The proposed change system function. The proposed amendment Sources—Shutdown,’’ TS 3.8.6 ‘‘Battery Cell would reduce calculated values for the does not involve operation of any required Parameters,’’ and TS Administrative Controls variable TM/LP trip equation. The SSCs in a manner or configuration different section 5.5. from those previously recognized or The proposed change restructures the TS proposed equation constant value evaluated. No new failure mechanisms will for the direct current (DC) electrical power change results from improvements in be introduced by the change being requested. subsystem and adds new Conditions and plant equipment used to establish the Therefore, this change does not create the Required Actions with increased Completion TM/LP trip setpoint. Ultrasonic possibility of a new or different kind of Times to address battery charger feedwater flow measurement devices, accident from any accident previously inoperability. Neither the DC electrical power recently installed at the Palisades Plant, evaluated. subsystem nor associated battery chargers are result in less uncertainty applied in the 3. Involve a significant reduction in a initiators of any accident sequence analyzed methodology used for determining core margin of safety. in the Final Safety Analysis Report Update The proposed change to the constant value (FSARU). Operation in accordance with the power level. Additionally, the devices for the TM/LP trip equation in the Technical proposed TS ensures that the DC electrical used to calculate the TM/LP trip Specifications accounts for all uncertainties power subsystem is capable of performing its setpoint have previously been replaced that affect the TM/LP trip setpoint. The function as described in the FSARU. with devices having less uncertainty. revised TM/LP trip setpoint will continue to Therefore the mitigating functions supported These reduced uncertainties, when assure that the acceptance criteria established by the DC electrical power subsystem will combined using the NRC-endorsed in the safety analysis will be met. continue to provide the protection assumed methodology described in ANSI/ISA– Therefore, this change does not involve a by the analysis. S67.04–1994, ‘‘Setpoints for Nuclear significant reduction in the margin of safety. The relocation of preventive maintenance The NRC staff has reviewed the surveillances, and certain operating limits Safety-Related Instrumentation,’’ result and actions to a newly-created, licensee- in a reduction in the constant (bias licensee’s analysis and, based on this controlled TS 5.5.17, ‘‘Battery Monitoring term) used to calculate the TM/LP trip review, it appears that the three and Maintenance Program,’’ will not setpoint. standards of 10 CFR 50.92(c) are challenge the ability of the DC electrical Basis for proposed no significant satisfied. Therefore, the NRC staff power subsystem to perform its design hazards consideration determination: proposes to determine that the function. The maintenance and monitoring As required by 10 CFR 50.91(a), the amendment request involves no required by current TS, which are based on licensee has provided its analysis of the significant hazards consideration. industry standards, will continue to be issue of no significant hazards Attorney for licensee: Arunas T. performed. In addition, the DC electrical consideration, which is presented Udrys, Esquire, Consumers Energy power subsystem is within the scope of 10 Company, 212 West Michigan Avenue, CFR 50.65, ‘‘Requirements for monitoring the below: effectiveness of maintenance at nuclear The following evaluation supports the Jackson, Michigan 49201. power plants,’’ which will ensure the control finding that operation of the facility in NRC Section Chief: L. Raghavan. of maintenance activities associated with the accordance with the proposed change would Pacific Gas and Electric Company, DC electrical power subsystem. not: Docket Nos. 50–275 and 50–323, Diablo Therefore, the proposed change does not 1. Involve a significant increase in the Canyon Nuclear Power Plant, Unit Nos. involve a significant increase in the probability or consequences of an accident probability or consequences of an accident previously evaluated. 1 and 2, San Luis Obispo County, previously evaluated. The proposed amendment does not involve California 2. The proposed change does not create the operation of any required structures, systems Date of amendment requests: July 24, possibility of a new or different kind of or components (SSCs) in a manner or 2003. accident from any accident previously configuration different from those previously Description of amendment requests: evaluated. recognized or evaluated. The methodology The proposed change will revise The proposed change does not involve any that was used in determining the physical alteration of the units. No new recommended change in the constant follows Technical Specification (TS) Section equipment is being introduced, and installed Nuclear Regulatory Commission endorsed 3.8.4, ‘‘DC Sources—Operating’’; TS equipment is not being operated in a new or standard ANSI/ISA–S67.04–1994, ‘‘Setpoints Section 3.8.5, ‘‘DC Sources— different manner. There are no setpoints at for Nuclear Safety-Related Instrumentation.’’ Shutdown’’; and TS Section 3.8.6, which protective or mitigating actions are The probability of an accident previously ‘‘Battery Cell Parameters.’’ The initiated that are affected by the proposed evaluated will not be increased since the proposed change will also add a new changes. The operability of the DC electrical proposed change to the constant value in the section to TS 5.5, ‘‘Programs and power subsystems in accordance with the Thermal Margin/Low Pressure (TM/LP) trip Manuals’’ for the maintenance and proposed TS is consistent with the initial equation maintains all necessary monitoring of the station safety-related assumptions of the accident analyses and is considerations in the development of based upon meeting the design basis of the uncertainties. batteries that is based on the plant. The proposed change will not alter the The consequences of an accident recommendations of the Institute of manner in which equipment operation is previously evaluated will not be increased Electrical and Electronics Engineers initiated, nor will the functional demands on since the reactor is still protected from (IEEE) Standard 450–1995. credited equipment be changed. No alteration violating the TM/LP trip setpoint used in the Basis for proposed no significant in the operating procedures, which ensure safety analysis for the Palisades Nuclear hazards consideration determination: the unit remains within analyzed limits, is Plant. As required by 10 CFR 50.91(a), the proposed, and no change is being made to Therefore, operation of the facility in licensee has provided its analysis of the procedures relied upon to respond to an off- accordance with the proposed change to the issue of no significant hazards normal event. As such, no new failure modes Technical Specifications would not involve a consideration, which is presented are being introduced. The proposed change significant increase in the probability or does not alter assumptions made in the safety consequences of an accident previously below: analyses. evaluated. 1. The proposed change does not involve Therefore, the proposed change does not 2. Create the possibility of a new or a significant increase in the probability or create the possibility of a new or different different kind of accident from any accident consequences of an accident previously accident from any accident previously previously evaluated. evaluated. evaluated. The proposed change to the constant value The proposed change affects Technical 3. The proposed change does not involve for the TM/LP trip equation in the Technical Specification (TS) sections 3.8.4 ‘‘DC a significant reduction in a margin of safety. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52237 The proposed change will not adversely For further details with respect to the AmerGen Energy Company, LLC, affect operation of plant equipment and will action see (1) the applications for Docket No. 50–289, Three Mile Island not result in a change to the setpoints at amendment, (2) the amendment, and (3) Nuclear Station, Unit 1 (TMI–1), which protective actions are initiated. the Commission’s related letter, Safety Dauphin County, Pennsylvania Sufficient DC capacity to support operation of mitigation equipment is ensured. The Evaluation and/or Environmental Date of application for amendment: changes associated with the new battery Assessment as indicated. All of these September 30, 2002, as supplemented maintenance and monitoring program will items are available for public inspection by letter dated March 19, 2003. ensure that the station batteries are at the Commission’s Public Document Brief description of amendment: The maintained in a highly reliable manner. The Room (PDR), located at One White Flint amendment revised Technical equipment fed by the DC electrical system North, Public File Area 01F21, 11555 Specification Section 6.8.5, ‘‘Reactor will continue to provide adequate power to Rockville Pike (first floor), Rockville, safety-related loads in accordance with Building Leakage Rate Testing Maryland. Publicly available records Program,’’ to reflect a one-time deferral analysis assumptions. will be accessible from the Agencywide Therefore, the proposed change does not of the scheduled performance of the involve a significant reduction in a margin of Documents Access and Management next Type A Containment Integrated safety. Systems (ADAMS) Public Electronic Leak Rate Test from October, 2003, to no Reading Room on the internet at the The NRC staff has reviewed the later than September 2008. NRC Web site, http://www.nrc.gov/ Date of issuance: August 14, 2003. licensee’s analysis and, based on this reading-rm/adams.html. If you do not review, it appears that the three Effective date: As of the date of have access to ADAMS or if there are issuance and shall be implemented standards of 10 CFR 50.92(c) are problems in accessing the documents satisfied. Therefore, the NRC staff within 30 days. located in ADAMS, contact the NRC Amendment No.: 244. proposes to determine that the Public Document Room (PDR) Reference amendment requests involve no Facility Operating License No. DPR– staff at 1–800–397–4209, 301–415–4737 50. Amendment revised the Technical significant hazards consideration. or by email to [email protected]. Attorney for licensee: Richard F. Specifications. Locke, Esq., Pacific Gas and Electric AmerGen Energy Company, LLC, Date of initial notice in Federal Company, P.O. Box 7442, San Docket No. 50–461, Clinton Power Register: November 12, 2002 (67 FR Francisco, California 94120. Station, Unit 1, DeWitt County, Illinois 68730). The supplement provided NRC Section Chief: Stephen Dembek. additional information that clarified the Date of application for amendment: application, did not expand the scope of Notice of Issuance of Amendments to December 20, 2002, as supplemented by the application as originally noticed, Facility Operating Licenses letter dated May 30, 2003. and did not change the staff’s original During the period since publication of Brief description of amendment: The proposed no significant hazards the last biweekly notice, the amendment approves changes to the consideration determination. Commission has issued the following Clinton facility as described in the The Commission’s related evaluation amendments. The Commission has Updated Safety Analysis Report. The of the amendment is contained in a determined for each of these amendment modifies the basis for Safety Evaluation dated August 14, amendments that the application compliance with the requirements of 2003. complies with the standards and Appendix H to title 10 of the Code of No significant hazards consideration requirements of the Atomic Energy Act Federal Regulations part 50 (appendix H comments received: No. of 1954, as amended (the Act), and the to 10 CFR part 50), ‘‘Reactor Vessel Arizona Public Service Company, et Commission’s rules and regulations. Material Surveillance Program al., Docket Nos. STN 50–528, STN 50– The Commission has made appropriate Requirements,’’ by approving 529, and STN 50–530, Palo Verde findings as required by the Act and the implementation of the Boiling-Water Nuclear Generating Station, Units Nos. Commission’s rules and regulations in Reactor Vessel and Internals Project 1, 2, and 3 Maricopa County, Arizona 10 CFR Chapter I, which are set forth in reactor pressure vessel integrated the license amendment. surveillance program. Date of application for amendments: Notice of Consideration of Issuance of Date of issuance: August 12, 2003. April 25, 2003. Amendment to Facility Operating Effective date: As of the date of Brief description of amendments: The License, Proposed No Significant issuance and shall be implemented amendments revise Section 5.3, ‘‘Unit Hazards Consideration Determination, within 30 days. Staff Qualifications,’’ of the Technical and Opportunity for A Hearing in Amendment No.: 157. Specifications to state new education connection with these actions was Facility Operating License No. NPF– and experience eligibility requirements published in the Federal Register as 62: The amendment approved revisions for operator license applicants. As indicated. to the Updated Safety Analysis Report. stated in the letter dated April 25, 2003, Unless otherwise indicated, the Date of initial notice in Federal the new requirements are outlined by Commission has determined that these Register: February 4, 2003 (68 FR the National Academy for Nuclear amendments satisfy the criteria for 5669). The supplemental letter Training in its ‘‘Guidelines for Initial categorical exclusion in accordance contained clarifying information and Training and Qualification of Licensed with 10 CFR 51.22. Therefore, pursuant did not change the initial no significant Operators,’’ which were issued January to 10 CFR 51.22(b), no environmental hazards consideration determination 2000. impact statement or environmental and did not expand the scope of the Date of issuance: August 13, 2003. assessment need be prepared for these original Federal Register Notice. Effective date: August 13, 2003, and amendments. If the Commission has The Commission’s related evaluation shall be implemented within 90 days of prepared an environmental assessment of the amendment is contained in a the date of issuance. under the special circumstances Safety Evaluation dated August 12, Amendment Nos.: Unit 1–148, Unit provision in 10 CFR 51.12(b) and has 2003. 2–148, Unit 3–148. made a determination based on that No significant hazards consideration Facility Operating License Nos. NPF– assessment, it is so indicated. comments received: No. 41, NPF–51, and NPF–74: The VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52238 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices amendments revised the Technical Date of issuance: August 8, 2003. and did not expand the scope of the Specifications. Effective date: As of the date of original Federal Register notice. Date of initial notice in Federal issuance to be implemented within 30 The Commission’s related evaluation Register: June 10, 2003 (68 FR 34662). days from the date of issuance. of the amendments is contained in a The Commission’s related evaluation of Amendment No.: 249. Safety Evaluation dated August 12, the amendment is contained in a Safety Facility Operating License No. NPF–6: 2003. Evaluation dated August 13, 2003. Amendment revised the Technical No significant hazards consideration No significant hazards consideration Specifications. comments received: No. comments received: No. Date of initial notice in Federal Exelon Generation Company, LLC, Entergy Nuclear Operations, Inc., Register: November 12, 2002 (67 FR Docket Nos. 50–373 and 50–374, Docket No. 50–003, Indian Point 68733). The January 8, May 22, and July LaSalle County Station, Units 1 and 2, Nuclear Generating Station, Unit 1 1, 2003, supplemental letters provided LaSalle County, Illinois clarifying information that did not Date of amendment request: May 30, change the scope of the original Federal Date of application for amendments: 2002. Register notice or the original no December 20, 2002, as supplemented by Brief description of amendment: It significant hazards consideration letters dated May 30, and June 27, 2003. would revise the Indian Point Nuclear determination. Brief description of amendments: The Generating Station, Unit 1 (IP1) The Commission’s related evaluation amendments approve changes to the Technical Specifications (TSs) to LaSalle County Station facility as facilitate the Indian Point Generating of the amendment is contained in a Safety Evaluation dated August 8, 2003. described in the Updated Final Safety Station, Unit 2 (IP2) transition to the Analysis Report. The amendments No significant hazards consideration Improved TSs. The amendment also modify the basis for compliance with comments received: No. revises the requirements of the ‘‘Order the requirements of appendix H to title Approving Decommissioning Plan and Exelon Generation Company, LLC, 10 of the Code of Federal Regulations Authorizing Decommissioning of Docket Nos. STN 50–454 and STN 50– part 50 (appendix H to 10 CFR part 50), Facility’’ 1 to ensure compliance with 455, Byron Station, Unit Nos. 1 and 2, ‘‘Reactor Vessel Material Surveillance the current requirements of 10 CFR Ogle County, Illinois; Docket Nos. STN Program Requirements,’’ by approving 50.59 and 10 CFR 50.83. It also revises 50–456 and STN 50–457, Braidwood implementation of the Boiling-Water the expiration date of Provisional Station, Unit Nos. 1 and 2, Will County, Reactor Vessel and Internals Project Operating License No. DPR–5 for IP1 to Illinois reactor pressure vessel integrated be current with the expiration date for Date of application for amendments: surveillance program. the Facility Operating License No. DPR– August 7, 2002, as supplemented by Date of issuance: August 13, 2003. 26 for IP2. Effective date: As of the date of your letters dated February 28, and May Date of issuance: August 11, 2003. issuance and shall be implemented 27, 2003. Effective date: As of the date of within 30 days. Brief description of amendments: The issuance to be implemented within 60 Amendment Nos.: 160/146. days from the date of issuance. amendments revised the limiting Facility Operating License Nos. NPF– Amendment No: 52. condition for operation, the associated 11 and NPF–18: The amendments Provisional Operating License No. Conditions and Required Actions of approve revisions to the Updated Final DPR–5: The amendment revised the Technical Specification (TS) 3.7.1, Safety Analysis Report. Technical Specifications, and made ‘‘Main Steam Safety Valves (MSSVs),’’ Date of initial notice in Federal changes to and revised the expiration and the values in Table 3.7.1–1, Register: February 4, 2003 (68 FR date for IP1 Provisional Operating ‘‘Operable Main Steam Safety Valves 5669). The supplemental letters License DPR–5. versus Applicable Power in Percent of contained clarifying information and Date of initial notice in Federal Rated Thermal Power,’’ by requiring five did not change the initial no significant Register: July 9, 2002 (67 FR 45564). MSSVs per steam generator to be hazards consideration determination The Commission’s related evaluation operable consistent with the accident and did not expand the scope of the of the amendment is contained in a analyses assumptions. The amendments original Federal Register Notice. Safety Evaluation dated August 11, also modify the associated Required The Commission’s related evaluation 2003. Actions of TS 3.7.1 by adding a of the amendments is contained in a No significant hazards consideration requirement to reduce the Power Range Safety Evaluation dated August 13, comments received: No. Neutron Flux-High reactor trip setpoint 2003. when one or more steam generators with Entergy Operations, Inc., Docket No. No significant hazards consideration one or more MSSVs are inoperable. 50–368, Arkansas Nuclear One, Unit comments received: No. Date of issuance: August 12, 2003. No. 2, Pope County, Arkansas Effective date: As of the date of FirstEnergy Nuclear Operating Date of application for amendment: issuance and shall be implemented Company, Docket No. 50–346, Davis- September 19, 2002, as supplemented within 30 days. Besse Nuclear Power Station, Unit 1, by letters dated January 8, May 22, and Amendment Nos.: 133/133, 128/128. Ottawa County, Ohio July 1, 2003. Facility Operating License Nos. NPF– Date of application for amendment: Brief description of amendment: The 37, NPF–66, NPF–72 and NPF–77: The November 30, 2001. amendment extends the allowable amendments revised the Technical Brief description of amendment: This outage time for the emergency diesel Specifications. amendment revises Technical generators from 72 hours to a maximum Date of initial notice in Federal Specification 3/4.4.4, ‘‘Reactor Coolant of 14 days. Register: October 1, 2002 (67 FR System—Pressurizer,’’ to adopt a new 61681). The supplemental letters pressurizer high-level limit and to revise 1 NRC letter to Consolidated Edison, ‘‘Order to Authorize Decommissioning and Amendment No. contained clarifying information and the required action when the pressurizer 45 to License No. DPR–5 for Indian Point Unit 1 did not change the initial no significant is inoperable. (TAC No. M59664),’’ dated January 31, 1996. hazards consideration determination Date of issuance: August 12, 2003. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52239 Effective date: As of the date of Amendment No.: 252. the scope of the application as originally issuance and shall be implemented Facility Operating License No. DPR– noticed, and did not change the staff’s within 120 days. 49: The amendment revised the original proposed no significant hazards Amendment No.: 255. Technical Specifications. consideration determination. Facility Operating License No. NPF–3: Date of initial notice in Federal The Commission’s related evaluation Amendment revised the Technical Register: July 8, 2003 (68 FR 40713). of the amendment is contained in a Specifications. The Commission’s related evaluation Safety Evaluation dated August 15, Date of initial notice in Federal of the amendment is contained in a 2003. Register: June 24, 2003 (68 FR 37578). Safety Evaluation dated August 8, 2003. No significant hazards consideration The Commission’s related evaluation of No significant hazards consideration comments received: No. the amendment is contained in a Safety comments received: No. Omaha Public Power District, Docket Evaluation dated August 12, 2003. Omaha Public Power District, Docket No significant hazards consideration No. 50–285, Fort Calhoun Station, Unit No. 50–285, Fort Calhoun Station, Unit No. 1, Washington County, Nebraska comments received: No. No. 1, Washington County, Nebraska Date of amendment request: October FirstEnergy Nuclear Operating Date of amendment request: October 8, 2002, as supplemented by letters Company, Docket No. 50–346, Davis- 8, 2002. dated April 11 and May 21, 2003. Besse Nuclear Power Station, Unit 1, Brief description of amendment: The Brief description of amendment: The Ottawa County, Ohio October 8, 2002, submittal proposed the amendment grants a one-time five-year Date of application for amendment: following: (1) The use of a pressure extension to the current ten-year test May 21, 2003. temperature limits report (PTLR), (2) interval for the containment integrated Brief description of amendment: This change the minimum boltup leak rate testing. amendment relocates to the Technical temperature, (3) revise the low Date of issuance: August 15, 2003. Requirements Manual the Technical temperature overpressure protection Effective date: August 15, 2003, and Specification surveillance requirement (LTOP) methodology and analysis, (4) shall be implemented within 60 days pertaining to flow balance testing of the perform the LTOP analyses ‘‘in-house,’’ from the date of issuance. emergency core cooling system (ECCS) (5) change the LTOP enable Amendment No.: 220. high pressure injection and low temperature, (6) modify TS 2.10.1 to Facility Operating License No. DPR– pressure injection subsystems following exactly specify the reactor coolant 40: Amendment revised the Technical system modifications that alter system (RCS) temperature at which the Specifications. subsystem flow characteristics. Also, the reactor can be made critical, and (7) add Date of initial notice in Federal amendment adds an ECCS pump a TS for a maximum pressure value for Register: November 12, 2002 (67 FR operability requirement to the Technical the safety injection tanks. This 68742). The April 11 and May 21, 2003, Specifications. amendment approves the use of a PTLR supplemental letters provided Date of issuance: August 12, 2003. for the Fort Calhoun Station. As such TS additional information that clarified the Effective date: As of the date of Figure 2–1 (RCS Pressure—Temperature application, did not expand the scope of issuance and shall be implemented Limits for Heatup, Cooldown, and In- the application as originally noticed, within 30 days. service Test) will be relocated into and did not change the staff’s original Amendment No.: 256. Figure 5–1 of the PTLR. In addition, the proposed no significant hazards Facility Operating License No. NPF–3: following TSs were either modified or consideration determination. Amendment revised the Technical added for the implementation of the The Commission’s related evaluation Specifications. PTLR: define the PTLR in Definitions; of the amendment is contained in a Date of initial notice in Federal TS 2.1.1(8); TS 2.1.1(11); TS 2.1.2 and Safety Evaluation dated August 15, Register: June 10, 2003 (68 FR 34669). 2.1.2 References; TS 2.1.6(4); TS 2003. The Commission’s related evaluation of 2.3(1)(c); TS 2.3(3); TS 2.3 References; No significant hazards consideration the amendment is contained in a Safety TS 2.10.1; Table 3–5, item 23, TS comments received: No. Evaluation dated August 12, 2003. 3.3(1)(c); and TS 5.9.6. The following TS Pacific Gas and Electric Company, No significant hazards consideration Bases sections were modified to reflect Docket Nos. 50–275 and 50–323, Diablo comments received: No. the implementation of the PTLR: TS Canyon Nuclear Power Plant, Unit Nos. 2.1.1, TS 2.1.2, and TS 2.10.1. Nuclear Management Company, LLC, 1 and 2, San Luis Obispo County, Date of issuance: August 15, 2003. Docket No. 50–331, Duane Arnold Effective date: August 15, 2003. The California Energy Center, Linn County, Iowa amendment shall be implemented Date of application for amendments: Date of application for amendment: within 30 days from the date of June 5, 2003. May 30, 2003. issuance, including submitting the first Brief description of amendments: The Brief description of amendment: The Pressure Temperature Limits Report to amendments extend from 1 hour to 24 amendment deletes technical the NRC Document Control Desk with hours the completion time for Condition specification (TS) 5.5.3, ‘‘Post Accident copies to the Region IV Regional B of Technical Specification 3.5.1, Sampling,’’ and thereby eliminates the Administration and Resident Inspector. which defines requirements for the requirements to have and maintain the Amendment No.: 221. restoration of an emergency core cooling post accident sampling system (PASS) Facility Operating License No. DPR– system accumulator when it has been at the Duane Arnold Energy. The 40: Amendment revised the Technical declared inoperable for a reason other amendment also addresses related Specifications. than boron concentration. changes to TS 5.5.2, ‘‘Primary Coolant Date of initial notice in Federal Date of issuance: August 15, 2003. Sources Outside Containment.’’ Register: June 24, 2003 (68 FR 37579). Effective date: August 15, 2003, and Date of issuance: August 8, 2003. The April 10, June 4, July 31, and shall be implemented within 60 days Effective date: As of the date of August 5, 2003, supplemental letters from the date of issuance. issuance and shall be implemented provided additional information that Amendment Nos.: Unit 1—160; Unit within 180 days. clarified the application, did not expand 2—161. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52240 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Facility Operating License Nos. DPR– The Commission’s related evaluation (6) Respondents: Individuals or 80 and DPR–82: The amendments of the amendment is contained in a households. revised the Technical Specifications. Safety Evaluation dated August 15, (7) Estimated annual number of Date of initial notice in Federal 2003. respondents: See Justification (Item No. Register: July 8, 2003 (68 FR 40716). No significant hazards consideration 12). The Commission’s related evaluation of comments received: No. (8) Total annual responses: 1. the amendments is contained in a Safety Virginia Electric and Power Company, (9) Total annual reporting hours: 1. Evaluation dated August 15, 2003. et al., Docket Nos. 50–280 and 50–281, (10) Collection description: The No significant hazards consideration Surry Power Station, Units 1 and 2, Railroad Retirement Board (RRB) comments received: No. Surry County, Virginia administers the Medicare program for persons covered by the Railroad STP Nuclear Operating Company, Date of application for amendments: Docket Nos. 50–498 and 50–499, South Retirement System. The collection November 5, 2002. obtains the information needed by Texas Project, Units 1 and 2, Matagorda Brief Description of amendments: County, Texas Palmetto GBA, the RRB’s carrier, to pay These amendments delete the claims for services covered under Part B requirement to perform a 15-minute Date of amendment request: March of the program. 31, 2003. degassed beta and gamma activity test of FOR FURTHER INFORMATION CONTACT: Brief description of amendments: The the secondary coolant and require that Copies of the forms and supporting amendments replace ‘‘Central Power the dose equivalent I–131 analysis be documents can be obtained from Chuck and Light Company (CPL)’’ with ‘‘AEP performed on a more conservative Mierzwa, the agency clearance officer Texas Central Company’’ throughout the monthly basis. (312–751–3363). Operating License of each unit. Date of issuance: August 15, 2003. Comments regarding the information Date of issuance: August 11, 2003. Effective date: August 15, 2003. collection should be addressed to Effective date: As of the date of Amendment Nos.: 234 and 233. Renewed Facility Operating License Ronald J. Hodapp, Railroad Retirement issuance and shall be implemented 30 Nos. DPR–32 and DPR–37: Amendments Board, 844 North Rush Street, Chicago, days from the date of issuance. change the Technical Specifications. Amendment Nos.: Unit 1—155; Unit Illinois, 60611–2092 and to the OMB Date of initial notice in Federal Desk Officer for the RRB, at the Office 2—143. Register: December 24, 2002 (67 FR Facility Operating License Nos. NPF– of Management and Budget, Room 78525). The Commission’s related 76 and NPF–80: The amendments 10230, New Executive Office Building, evaluation of the amendments is revised the Facility Operating Licenses. Washington, DC 20503. contained in a Safety Evaluation dated Date of initial notice in Federal Chuck Mierzwa, Register: August 15, 2003. June 10, 2003 (68 FR 34673). No significant hazards consideration Clearance Officer. The Commission’s related evaluation of comments received: No. [FR Doc. 03–22227 Filed 8–29–03; 8:45 am] the amendments is contained in a Safety BILLING CODE 7905–01–M Evaluation dated August 11, 2003. Dated at Rockville, Maryland, this 25th day No significant hazards consideration of August, 2003. comments received: No. For the Nuclear Regulatory Commission. Eric J. Leeds, SECURITIES AND EXCHANGE Tennessee Valley Authority, Docket No. Deputy Director, Division of Licensing Project COMMISSION 50–390, Watts Bar Nuclear Plant, Unit Management, Office of Nuclear Reactor 1, Rhea County, Tennessee Regulation. [Release No. IC–26170; File No. 812–13010] Date of application for amendment: [FR Doc. 03–22106 Filed 8–29–03; 8:45 am] December 13, 2002, as supplemented BILLING CODE 7590–01–P The Equitable Life Assurance Society May 19 and July 11, 2003. of the United States, et al.; Notice of Brief description of amendment: The Application amendment revised Technical RAILROAD RETIREMENT BOARD August 26, 2003. Specification (TS) 5.7.2.12, ‘‘Steam AGENCY: Securities and Exchange Generator (SG) Tube Surveillance Agency Forms Submitted for OMB Commission (‘‘SEC’’ or ‘‘Commission’’). Program.’’ The revised TS allows the Review ACTION: Notice of application for an use of Westinghouse leak-limiting Alloy SUMMARY: In accordance with the 800 sleeves to repair defective SG tubes amended order under Section 6(c) of the Paperwork Reduction Act of 1995 (44 Investment Company Act of 1940, as as an alternative to plugging the tube. U.S.C. Chapter 35), the Railroad Date of issuance: August 15, 2003. amended (‘‘Act’’) granting exemptions Retirement Board (RRB) has submitted from the provisions of Sections 2(a)(32), Effective date: As of the date of the following proposal(s) for the issuance and shall be implemented 22(c) and 27(i)(2)(A) of the Act and Rule collection of information to the Office of 22c–1 thereunder. within 60 days. Management and Budget for review and Amendment No.: 44. approval. Facility Operating License No. NPF– APPLICANTS: The Equitable Life 90: Amendment revised the Technical Summary of Proposal(s) Assurance Society of the United States (‘‘Equitable Life’’), The Equitable of Specifications. (1) Collection title: Request for Colorado, Inc. (‘‘EOC,’’ and together Date of initial notice in Federal Medicare Payment. Register: March 18, 2003 (68FR12958). (2) Form(s) submitted: G–740S, CMS– with Equitable Life, ‘‘Equitable’’), The supplemental letters provided 1500. Separate Account No. 45 of Equitable clarifying information that did not (3) OMB Number: 3220–0131. Life (‘‘SA 45’’), Separate Account No. 49 expand the scope of the original request (4) Expiration date of current OMB of Equitable Life (‘‘SA 49’’), Separate and did not change the initial proposed clearance: 10/31/2003. Account VA of EOC (‘‘SA VA,’’ the no significant hazards consideration (5) Type of request: Extension of a foregoing separate accounts each an determination. currently approved collection. ‘‘Account’’ and collectively, the VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52241 ‘‘Accounts’’), AXA Advisors, LLC,1 and Assurance Society of the United States, Net First Year Contributions are lower AXA Distributors, LLC 2 (collectively, 1290 Avenue of the Americas, New than Total First Year Contributions, and ‘‘Applicants’’). York, New York 10104, Attn: Robin when a Contract owner fails to fulfill the SUMMARY OF APPLICATION: Applicants Wagner, Esq. Copy to Foley & Lardner, conditions of a Letter of Intent, all as seek an order to amend an Existing 3000 K Street, Suite 500, Washington, described in the application for the May Order (described below) to grant DC 20007, Attn: Richard T. Choi. 2001 Order.8 exemptions from the provisions of FOR FURTHER INFORMATION CONTACT: 4. Applicants believe that the Sections 2(a)(32), 22(c) and 27(i)(2)(A) Mark A. Cowan, Senior Counsel, or Contracts and Amended Contracts are of the Act and Rule 22c–1 thereunder to Zandra Y. Bailes, Branch Chief, Office of substantially similar in all material the extent necessary to permit Insurance Products, Division of respects relevant to the Existing Order, Applicants to recapture certain credits Investment Management, at (202) 942– and that the Amended Contracts would applied to contributions made under 0670. constitute Future Contracts covered by certain amended deferred variable the Existing Order. Nevertheless, in SUPPLEMENTARY INFORMATION: The annuity contracts and certificates, view of certain differences from the following is a summary of the described herein, including certain Contracts reflected in the Amended application. The complete application amended certificate data pages and Contracts, Applicants filed an may be obtained for a fee from the SEC’s endorsements, that Equitable will issue Application to avoid any uncertainty Public Reference Branch, 450 Fifth through the Accounts (the ‘‘Amended regarding the availability of such relief Street, NW., Washington, DC 20549 (tel. Contracts’’), and under contracts and with respect to the recapture of Credits (202) 942–8090). certificates, including certain certificate of up to 6% under the Amended data pages and endorsements, that Applicants’ Representations Contracts under the same circumstances described in the Prior Applications,9 Equitable may issue in the future 1. On May 3, 1999, the Commission through the Accounts, and any other 4 and under one additional circumstance issued an order (‘‘May 1999 Order’’) described in paragraph 8 of Applicants’ separate accounts of Equitable Life or exempting certain transactions of EOC (collectively, ‘‘Future Accounts’’) Representations, below. Applicants from the provisions of 5. The respective Accounts will fund that are substantially similar in all Sections 2(a)(32), 22(c) and 27(i)(2)(A) material respects to the Amended the variable benefits available under the of the Act and Rule 22c–1 thereunder. Amended Contracts. Units of interest in Contracts (the ‘‘Future Contracts’’). The May 1999 Order specifically Applicants also request that the order Accounts under the Amended Contracts permits the recapture, under specified they fund will be registered under the being sought extend to ‘‘Equitable circumstances, of certain 3% Credits Broker-Dealers,’’ as defined in the Securities Act of 1933 (the ‘‘1933 Act’’). applied to contributions made under applications for the Existing Order Equitable may issue Future Contracts Contracts or Future Contracts as defined (defined below) (‘‘Prior Applications’’).3 through the Accounts. Equitable also in the application for the May 1999 may issue Future Contracts through FILING DATE: The application was filed Order.5 Specifically, the May 1999 on August 22, 2003. Future Accounts. That portion of the Order permits recapture of Credits if the respective assets of the Accounts that is HEARING OR NOTIFICATION OF HEARING: An Contract is returned during the free look equal to the reserves and other order granting the application will be period, or if contributions are made Amended Contract liabilities with issued unless the Commission orders a within 3 years of annuitization. respect to the Accounts is not hearing. Interested persons may request 2. On July 28, 1999, the Commission chargeable with liabilities arising out of a hearing by writing to the Secretary of issued an order of exemption amending any other business of Equitable Life or the Commission and serving Applicants the May 1999 Order (‘‘July 1999 EOC, as the case may be. Any income, with a copy of the request, personally or 6 Order’’) to permit the recapture of gains or losses, realized or unrealized, by mail. Hearing requests should be Credits of up to 5% under Contracts and from assets allocated to the Accounts received by the Commission by 5:30 Future Contracts under the same are, in accordance with the respective p.m. on September 25, 2003, and should specified circumstances. Accounts’ Amended Contracts, credited be accompanied by proof of service on 3. On May 21, 2001, the Commission to or charged against the Accounts, Applicants in the form of an affidavit or, issued an order of exemption (‘‘May without regard to other income, gains or for lawyers, a certificate of service. 2001 Order’’) amending the July 1999 losses of Equitable Life or EOC, as the Hearing requests should state the nature Order (together with the May 1999 case may be. The same will be true of of the requester’s interest, the reason for Order and the July 1999 Order, the any Future Account of Equitable Life or the request, and the issues contested. 7 ‘‘Existing Order’’) to permit the EOC. Persons who wish to be notified of a recapture of Credits of up to 6% under 6. Equitable Life previously offered hearing may request notification by Contracts and Future Contracts under Contracts as described in the Prior writing to the Secretary of the the same and certain additional Applications (‘‘2001 Contracts covered Commission. circumstances. The additional by the Existing Order’’). Equitable Life ADDRESSES: Secretary, SEC, 450 5th circumstances include the recapture of currently offers Contracts that constitute Street, NW., Washington, DC 20549– Excess Credits when a Contract owner’s Future Contracts covered by the Existing 0609. Applicants, c/o The Equitable Life Order. At the appropriate time after 4 The Equitable Life Assurance Society of the 1 Formerly named EQ Financial Consultants, Inc. United States, Investment Company Act Release 8 The Equitable Life Assurance Society of the 2 On January 1, 2002, AXA Distributors, LLC No. 23822 (File No. 812–11388). United States, Investment Company Act Release succeeded by merger to all of the functions, rights 5 The Equitable Life Assurance Society of the No. 24963 (April 26, 2001) (File No. 812–12392). and obligations of Equitable Distributors, Inc. United States, Investment Company Act Release 9 Pursuant to Rule 0–4 under the Act, Applicants (‘‘EDI’’). Like EDI, AXA Distributors, LLC is owned Nos. 23774 (Apr. 7, 1999)(File No. 812–11388). incorporate by reference the statement of facts set by Equitable Holdings, LLC. 6 The Equitable Life Assurance Society of the out in the Prior Applications to the extent necessary 3 The Equitable Life Assurance Society of the United States, Investment Company Act Release to support this Application. Applicants represent United States, Investment Company Act Release No. 23924 (File No. 812–11662). that all of the acts asserted in the Prior Application Nos. 23774 (Apr. 7, 1999) (File No. 812–11388), 7 The Equitable Life Assurance Society of the remain true and accurate in all material aspects to 23889 (July 2, 1999) (File No. 812–11662), and United States, Investment Company Act Release the extent that such facts are relevant to any relief 24963 (April 26, 2001) (File No. 812–12392). No. 24980 (File No. 812–12392). on which Applicants continue to rely. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52242 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices effectiveness of the amended ‘‘greater of 5% roll up to age 85 or availability), the death benefit is equal registration statements describing the annual ratchet to age 85’’ death benefit to: (i) The greater of the account value Amended Contracts, Equitable Life will for a charge at the annual rate of 0.50% or any applicable death benefit, plus (ii) begin offering the Amended Contracts, of the applicable benefit base. 40% (25% for annuitant issue ages 70– as well. Under 2001 Contracts covered by the 75) of the lesser of total net 7. The Amended Contracts reflect Existing Order, withdrawals reduce the contributions or the death benefit less certain differences from the 2001 GMDB as follows: (i) For Contracts with total net contributions. For Amended Contracts covered by the Existing Order. the 5% roll up to age 80, withdrawals Contract owners who elect the However, Applicants respectfully reduce the GMDB on a dollar-for-dollar Protection Plus benefit (available for submit that these differences do not basis to the extent the sum of nonqualified, IRA and tax sheltered preclude the Amended Contracts from withdrawals in a contract year is 5% or annuity contracts, subject to state being substantially similar in all less of the GMDB on the most recent availability), the death benefit is equal material respects to the 2001 Contracts contract date anniversary, and on a pro- to: (i) The greater of the account value covered by the Existing Order such that rata basis thereafter; and (ii) for or any applicable death benefit, plus (ii) they constitute Future Contracts covered Contracts with the annual ratchet to age 40% (25% for annuitant issue ages 71– by the Existing Order. Nevertheless, as 80, all withdrawals reduce the GMDB 75) of such death benefit less total net stated above, Applicants are filing this on a pro-rata basis. Under Amended contributions. Application to avoid any uncertainty Contracts, for all death benefit options, e. Guaranteed Principal Benefits that may arise as a result of the withdrawals reduce the GMDB benefit following differences between the 2001 base on a pro-rata basis. Amended Contracts offer a guaranteed Contracts covered by the Existing Order principal benefit Option 1 for no c. Income Benefit and the Amended Contracts: additional charge, and a guaranteed 2001 Contracts covered by the principal benefit Option 2 for a charge a. Separate Account Charges Existing Order may offer an optional of 0.50% as a percentage of account 2001 Contracts covered by the baseBuilder income benefit for a charge value (deducted annually on the first 10 Existing Order have a mortality and at the annual rate of 0.30% of the contract date anniversaries). expense risk charge at the annual rate of applicable benefit base. Amended f. Administrative Charge 1.10% and an administrative expense Contracts offer an optional guaranteed charge at the annual rate of 0.25%. minimum income benefit for a charge at 2001 Contracts covered by the Amended Contracts have a mortality the annual rate of 0.55% of the Existing Order do not impose an annual and expense risk charge at the annual guaranteed minimum income benefit administrative expense charge. rate of 0.90% and an administrative base. Amended Contracts have an annual expense charge of 0.35%. administrative expense charge of $30 d. Protection Plus Benefit (deducted from account value on each b. Death Benefit Options and Death 2001 Contracts covered by the contract date anniversary).10 The charge Benefit Charges Existing Order offer an optional is waived for account values of $50,000 2001 Contracts covered by the Protection Plus benefit for an annual or more on the contract date Existing Order offer a guaranteed charge 0.20% of account value anniversary. minimum death benefit (‘‘GMDB’’) of (deducted on each contract date either a ‘‘5% roll up to age 80’’ or an anniversary). Amended Contracts offer g. Contract Withdrawal Charge ‘‘annual ratchet to age 80’’ at no an optional Protection Plus benefit for 2001 Contracts covered by the additional charge. Amended Contracts an annual charge of 0.35% of account Existing Order and Amended Contracts offer a GMDB (return of premiums) at no value (deducted on each contract date impose a withdrawal charge equal to a additional charge; an optional ‘‘annual anniversary). percentage of contributions determined ratchet to age 85’’ death benefit for a For Contract owners who elect the by the contract year in which such charge at the annual rate of 0.25% of the Protection Plus benefit (available for contributions are withdrawn as applicable benefit base; and an optional nonqualified contracts, subject to state follows 11: (In percentages) Contract year 1 2 3 4 5 6 7 8 9 10+ 2001 contracts covered by the existing order ...... 8 8 7 6 5 4 3 2 1 0 Amended contracts ...... 8 8 7 7 6 5 4 3 0 0 2001 Contracts covered by the contributions as described in the Prior Contributions Credit rate Existing Order offer an annual 15% Applications according to the following (as a per- ‘‘free corridor’’ amount. Amended schedule: At Least But Less Than centage of Contracts offer an annual 10% ‘‘free contribution) withdrawal’’ amount. Minimum ...... $ 250,000 ...... 4.0 h. Credits $ 250,000 ...... $ 1,000,000 ... 5.0 $ 1,000,000 ... Maximum ...... 6.0 2001 Contracts covered by the Existing Order offered Credits based on 10 During the first two contract years, the charge 11 A withdrawal charge applies in two surrendered in order to receive its cash value or is the lesser of $30 or 2% of the account value. circumstances: (1) if one or more withdrawals are cash value is applied to a non-life contingent made during a contract year that, in total, exceed annuity payout option. the free withdrawal amount or (2) the contract is VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52243 Amended Contracts Order may offer Applicants’ Legal Analysis 5. Applicants submit that the Credits based on contributions as 1. Section 6 (c) of the Act authorizes recapture of Credits relating to described in the Prior Applications the Commission to exempt any person, contributions made prior to the date an Credits according to the following security or transaction, or any class or owner starts receiving annuity payments schedule: classes of persons, securities or under a life contingent annuity payout transactions from the provisions of the option before the fifth contract date Contributions Credit rate anniversary is designed to provide (as a per- Act and the rules promulgated centage of thereunder if and to the extent that such Equitable with a measure of protection At least But less than contribution) exemption is necessary or appropriate against ‘‘anti-selection.’’ The risk here is in the public interest and consistent that rather than investing contributions Minimum ...... $ 500,000 ...... 4.0 with the protection of investors and the over a number of years, a Contract $ 500,000 ...... $ 1,000,000 ... 4.5 purposes fairly intended by the policy owner could make an initial $ 1,000,000 ... Maximum ...... 5.0 and provisions of the Act. contribution, receive Credits, then 2. Applicants request that the annuitize under a life contingent i. Fixed Investment Options Commission issue an amended order annuity payout option within the first pursuant to Section 6(c) of the Act, 2001 Contracts covered by the five contract years leaving Equitable less granting exemptions from the provisions time to recover the cost of the Credits Existing Order do not offer a of Sections 2(a)(32), 22(c) and ‘‘guaranteed interest account.’’ applied, to its financial detriment. Like 27(i)(2)(A) of the Act and Rule 22c–1 the recapture of Credits permitted by the Amended Contracts offer a ‘‘guaranteed thereunder, to the extent necessary to interest account’’ that pays a guaranteed Existing Order, the amounts recaptured permit Applicants to recapture Credits will equal the Credits provided by rate of interest and is not subject to a under Amended Contracts under the market value adjustment. Equitable will Equitable from its own general account same circumstances covered by the assets, and any gain associated with the recapture Credits on a pro rata basis Existing Order, and if an Amended Credit will remain part of the Contract from the value in the variable Contract owner starts receiving annuity owner’s Contract value. investment options and the guaranteed payments under a life contingent interest account. If those amounts are annuity payout option before the fifth 6. For the foregoing reasons, insufficient, Equitable will deduct the contract date anniversary, as described Applicants submit that the provisions balance from the fixed maturity options in paragraph 8 of Applicants’ for recapture of any Credit under the in order of the earliest maturity dates Representations, above.12 Amended Contracts do not violate first. 3. Applicants submit that the Section 2(a)(32), 22(c), and 27(i)(2)(A) of j. Annuitization recapture of Credits under the Amended the Act, and Rule 22c–1 thereunder, and Contracts will not raise concerns under that the requested relief therefrom is Under 2001 Contracts covered by the Sections 2(a)(32), 22(c) and 27(i)(2)(A) consistent with the exemptive relief Existing Order and Amended Contracts of the Act, and Rule 22c–1 thereunder provided under the Existing Order. (except in Florida) annuity payments for the same reasons given in support of may not begin earlier than the fifth the Existing Order. Applicants submit Conclusion contract date anniversary. Under that when Equitable recaptures any Applicants submit, based on the Credit, it is simply retrieving its own Amended Contracts issued in Florida, grounds summarized above, that their annuity payments may begin as early as assets. Applicants submit that a exemptive request meets the standards the first contract date anniversary Contract owner’s interest in any Credit set out in Section 6(c) of the Act, 8. Applicants may recapture Credits allocated before an owner starts receiving annuity payments under a life namely, that the exemptions requested of up to 6% under the Amended are necessary or appropriate in the Contracts under the same circumstances contingent payout option within the first five contract years is not vested. public interest and consistent with the covered by the Existing Order, described protection of investors and the purposes above. In addition, if an Amended Rather, Equitable retains the right to, and interest in, the Credit, although not fairly intended by the policy and Contract owner starts receiving annuity provisions of the Act, and that, payments under a life contingent any earnings attributable to the Credit. therefore, the Commission should grant annuity payout option before the fifth 4. Applicants state that because a the requested order. contract date anniversary, Equitable will Contract owner’s interest in any recover the Credit that applies to any recapturable Credit is not vested, the For the Commission, by the Division of contribution made within such five-year owner will not be deprived of a Investment Management, pursuant to period. proportionate share of the applicable delegated authority. Account’s assets, i.e., a share of the Margaret H. McFarland, 9. Applicants submit that their applicable Account’s assets request for an order that applies to the proportionate to the Contract owner’s Deputy Secretary. Accounts or any Future Account, in annuity account value (taking into [FR Doc. 03–22293 Filed 8–29–03; 8:45 am] connection with the issuance of account the investment experience BILLING CODE 8010–01–P Amended Contracts described herein attributable to any Credit). The amounts and Future Contracts that are recaptured will never exceed the Credits substantially similar in all material provided by Equitable from its own respects to the Amended Contracts and general account assets, and Equitable underwritten or distributed by AXA will not recapture any gain attributable Advisors, LLC, AXA Distributors, LLC, to the Credit. or Equitable Broker-Dealers, is appropriate in the public interest for the 12 Pursuant to Rule 0–4 under the Act, Applicants same reasons as those given in support incorporate by reference the legal analysis set out of the Existing Order. in the Prior Application. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52244 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s C. Self-Regulatory Organization’s COMMISSION Statement of the Purpose of, and Statement on Comments on the Statutory Basis for, the Proposed Rule Proposed Rule Change Received from [Release No. 34–48410; File No. SR–Amex– Change Members, Participants or Others 2003–76] In its filing with the Commission, the No written comments were solicited Exchange included statements or received with respect to the proposed Self-Regulatory Organizations; Notice rule change. concerning the purpose of and basis for of Filing and Immediate Effectiveness its proposal and discussed any III. Date of Effectiveness of the Proposed of Proposed Rule Change by the comments it received regarding the Rule Change and Timing for American Stock Exchange LLC to proposal. The text of these statements Commission Action Extend a Suspension of Transaction may be examined at the places specified Because the foregoing proposed rule Charges for Certain Exchange Traded in Item IV below. The Amex has Funds change does not: prepared summaries, set forth in (i) significantly affect the protection of Sections A, B and C below, of the most August 26, 2003. investors or the public interest; significant aspects of such statements. (ii) impose any significant burden on Pursuant to section 19(b)(1) of the competition; and Securities Exchange Act of 1934 A. Self-Regulatory Organization’s Statement of the Purpose of, and (iii) become operative for 30 days (‘‘Act’’),1 and Rule 19b–4 thereunder,2 from the date on which it was filed, or Statutory Basis for, the Proposed Rule notice is hereby given that on August such shorter time as the Commission Change 22, 2003, the American Stock Exchange may designate, it has become effective LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with 1. Purpose pursuant to section 19(b)(3)(A) of the the Securities and Exchange Act 8 and Rule 19b–4(f)(6) thereunder.9 Commission (‘‘Commission’’) the The Amex is extending until At any time within 60 days of the filing September 30, 2003, the suspension of proposed rule change as described in of the proposed rule change, the transaction charges in iShares Lehman Items I, II and III below, which Items Commission may summarily abrogate 1–3 year Treasury Bond Fund (Symbol: have been prepared by the Exchange. such rule change if it appears to the SHY) and iShares Lehman 7–10 year The Exchange filed the proposal Commission that such action is Treasury Bond Fund (Symbol: IEF), for necessary or appropriate in the public pursuant to section 19(b)(3)(A) of the specialist, Registered Trader and broker- Act,3 and Rule 19b–4(f)(6) thereunder,4 interest, for the protection of investors, dealer orders. The Exchange initially or otherwise in furtherance of the which renders the proposal effective filed a suspension in such charges until 5 purposes of the Act. upon filing with the Commission. The November 30, 2002 in SR–Amex–2002– The Amex has requested that the Commission is publishing this notice to 91. The fee suspension has subsequently Commission waive the 30-day operative solicit comments on the proposed rule been extended, most recently until delay. The Commission believes change from interested persons. August 30, 2003, in SR–Amex–2003–73. waiving the 30-day operative delay is I. Self-Regulatory Organization’s No other changes are proposed with this consistent with the protection of filing. Statement of the Terms of Substance of investors and the public interest. Acceleration of the operative date will the Proposed Rule Change The Exchange believes a suspension of fees for the two iShares Funds is permit the Amex to suspend these fees The Amex proposes to extend until appropriate to enhance the immediately. For these reasons, the September 30, 2003, the suspension of competitiveness of executions in these Commission designates the proposal to Amex transaction charges for the securities on the Amex. The Exchange be effective and operative upon filing 10 iShares Lehman 1–3 year Treasury Bond will reassess the fee suspension as with the Commission. Fund and iShares Lehman 7–10 year appropriate, and will file any IV. Solicitation of Comments modification to the fee suspension with Treasury Bond Fund for specialist, Interested persons are invited to the Commission pursuant to section Registered Trader and broker-dealer submit written data, views, and 19(b)(3)(A) of the Act. orders. The text of the proposed rule arguments concerning the foregoing, change is available at the Amex and at 2. Statutory Basis including whether the proposal is the Commission. consistent with the Act. Persons making The Exchange believes that the written submissions should file six 1 15 U.S.C. 78s(b)(1). proposal is consistent with section 6(b) copies thereof with the Secretary, 2 17 CFR 240.19b–4. of the Act 6 in general, and furthers the Securities and Exchange Commission, 3 15 U.S.C. 78s(b)(3)(A). objectives of section 6(b)(4) 7 in 450 Fifth Street, NW., Washington, DC 4 17 CFR 240.19b–4(f)(6). particular in that it is intended to assure 20549–0609. Copies of the submission, 5 The Exchange provided the Commission with the equitable allocation of reasonable all subsequent amendments, all written notice of its intention to file this proposed rule dues, fees, and other charges among the statements with respect to the proposed change on August 20, 2003. The Commission Amex’s members and issuers and other rule change that are filed with the reviewed the pre-filing notice and advised the persons using its facilities. Amex to file the proposed rule change. August 20, Commission, and all written 2003 conversation between Michael Cavalier, B. Self-Regulatory Organization’s communications relating to the Associate General Counsel (‘‘AGC’’), Amex, and Statement on Burden on Competition proposed rule change between the Joseph P. Morra, Special Counsel, Division of Market Regulation (‘‘Division’’), Commission. On The Exchange believes that the 8 15 U.S.C. 78s(b)(3)(A). August 26, 2003, the Amex asked the Commission proposed rule change will not impose a 9 17 CFR 240.19b–4(f)(6). to waive the 30-day operative delay. August 26, burden on competition. 10 For purposes only of accelerating the operative 2003 telephone conversation between Michael date of this proposal, the Commission has Cavalier, AGC, Amex, and Joseph P. Morra, Special considered the proposed rule’s impact on Counsel, Division, Commission. See Rule 19b– 6 15 U.S.C. 78f(b). efficiency, competition, and capital formation. 15 4(f)(6)(iii). 17 CFR 240.19b-4(f)(6)(iii). 7 15 U.S.C. 78f(b)(4). U.S.C. 78c(f). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52245 Commission and any person, other than Lehman U.S. Credit Bond Fund; (6) specified U.S. bond index (each, an those that may be withheld from the iShares Lehman Intermediate U.S. ‘‘Underlying Index’’), as described in public in accordance with the Credit Bond Fund; (7) iShares Lehman Exhibit A to the Rule 19b–4 filing. Each provisions of 5 U.S.C. 552, will be Intermediate U.S. Government/Credit of the New Funds intends to qualify as available for inspection and copying in Bond Fund; and (8) iShares Lehman a ‘‘regulated investment company’’ (a the Commission’s Public Reference U.S. Aggregate Bond Fund. ‘‘RIC’’) under the Internal Revenue Code Room. Copies of such filing will also be II. Self-Regulatory Organization’s (the ‘‘Code’’). available for inspection and copying at Statement of the Purpose of, and Barclays Global Fund Advisors (the the principal office of the Amex. All Statutory Basis for, the Proposed Rule ‘‘Advisor’’ or ‘‘BGFA’’) is the investment submissions should refer to file number Change SR-Amex-2003–76 and should be adviser to each New Fund. The Advisor submitted by September 23, 2003. In its filing with the Commission, the is registered under the Investment Amex included statements concerning Advisers Act of 1940 (the ‘‘Advisers For the Commission, by the Division of the purpose of, and basis for, the Act’’). The Advisor is a wholly owned Market Regulation, pursuant to delegated authority.11 proposed rule change and discussed any subsidiary of Barclays Global Investors, comments it received on the proposed N.A. (‘‘BGI’’), a national banking Margaret H. McFarland, rule change. The text of these statements association. BGI is an indirect Deputy Secretary. may be examined at the places specified subsidiary of Barclays Bank PLC of the [FR Doc. 03–22233 Filed 8–29–03; 8:45 am] in Item IV below. The Amex has United Kingdom. prepared summaries, set forth in BILLING CODE 8010–01–P SEI Investments Distribution Co. (the Sections A, B, and C below, of the most ‘‘Distributor’’), a Pennsylvania significant aspects of such statements. corporation and broker-dealer registered SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s under the Exchange Act, is the principal COMMISSION Statement of the Purpose of, and the underwriter and distributor of Creation [Release No. 34–48398; File No. SR–Amex– Statutory Basis for, the Proposed Rule Unit Aggregations of iShares. The 2003–75] Change Distributor is not affiliated with the Exchange or the Advisor. Self-Regulatory Organizations; Notice Purpose of Filing of Proposed Rule Change by Amex Rule 1000A provides standards Administrator/Custodian/Fund the American Stock Exchange LLC for listing Index Fund Shares, which are Accountant/Transfer Agent/Dividend Relating to Eight Series of the iShares securities issued by an open-end Disbursing Agent. The Trust has Trust Based on a Specified Fixed management investment company appointed Investors Bank & Trust Co. Income Index (open-end mutual fund) for Exchange (‘‘IBT’’) to act as administrator (the trading. These securities are registered ‘‘Administrator’’), custodian, fund August 22, 2003. under the Investment Company Act of accountant, transfer agent, and dividend Pursuant to section 19(b)(1) of the 1940 (‘‘1940 Act’’) as well as the disbursing agent for each of the New Securities Exchange Act of 1934 Exchange Act. The Commission Funds. The performance of their duties 1 (‘‘Exchange Act’’), and Rule 19b–4 previously approved amendments to and obligations will be conducted 2 thereunder, notice is hereby given that Rule 1000A to accommodate the listing within the provisions of the 1940 Act on August 20, 2003, the American Stock of Index Fund Shares based on an index and the rules thereunder. There is no Exchange LLC (the ‘‘Amex’’ or the of fixed income securities, and in affiliation between IBT and the Trust, ‘‘Exchange’’) filed with the Securities particular, series of the iShares Trust the Advisor, or the Distributor. and Exchange Commission (the based on indexes of fixed income ‘‘Commission’’) the proposed rule securities.3 a. Operation of the New Funds change as described in Items I, II, and The Exchange proposes to list under III below, which Items have been Rule 1000A the following eight The investment objective of each New prepared by the Exchange. The additional series of the iShares Trust Fund will be to provide investment Commission is publishing this notice to (‘‘Trust’’), each a ‘‘New Fund’’: (1) results that correspond generally to the solicit comments on the proposed rule iShares Lehman Short U.S. Treasury performance of its Underlying Index. In change from interested persons. Bond Fund; (2) iShares Lehman 3–7 seeking to achieve its respective investment objective, each New Fund I. Self-Regulatory Organization’s Year U.S. Treasury Bond Fund; (3) will utilize ‘‘passive’’ indexing Statement of the Terms of Substance of iShares Lehman 10–20 Year U.S. investment strategies. Each New Fund the Proposed Rule Change Treasury Bond Fund; (4) iShares Lehman U.S. Treasury Inflation may fully replicate its Underlying The Exchange proposes to list under Protected Securities Fund; (5) iShares Index, but currently intends to use a Rule 1000A the following eight Lehman U.S. Credit Bond Fund; (6) ‘‘representative sampling’’ strategy to additional series of the iShares Trust iShares Lehman Intermediate U.S. track its Underlying Index. A Fund (‘‘Trust’’), each a ‘‘New Fund’’: (1) Credit Bond Fund; (7) iShares Lehman utilizing a representative sampling iShares Lehman Short U.S. Treasury Intermediate U.S. Government/Credit strategy generally will hold a basket of Bond Fund; (2) iShares Lehman 3–7 Bond Fund; and (8) iShares Lehman the component securities (‘‘Component Year U.S. Treasury Bond Fund; (3) U.S. Aggregate Bond Fund. Securities’’) of its Underlying Index, but iShares Lehman 10–20 Year U.S. Each New Fund will hold certain it may not hold all of the Component Treasury Bond Fund; (4) iShares fixed income securities (‘‘Portfolio Securities of its Underlying Index (as Lehman U.S. Treasury Inflation Securities’’) selected to correspond compared to a Fund that uses a Protected Securities Fund; (5) iShares generally to the performance of a replication strategy which invests in substantially all of the Component 11 17 CFR 200.30–3(a)(12). 3 See Securities Exchange Act Release No. 46252 Securities in its Underlying Index in the 1 15 U.S.C. 78s(b)(1). (July 24, 2002), 67 FR 49715 (July 31, 2002) 2 17 CFR 240.19b–4. (‘‘Previous Approval Order’’). same approximate proportions as in the VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52246 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Underlying Index).4 The representative Index as a whole. The Advisor may Funds may also invest up to 10% of its sampling techniques that will be used exclude less liquid bonds in order to assets in bonds not included in its by the Advisor to manage the New create a more tradable portfolio and Underlying Index, but which the Funds do not differ from the improve arbitrage opportunities. Advisor believes will help the New representative sampling techniques it According to the Original Fund track its Underlying Index, as well uses to manage the Funds that were the Application, the representative as in certain futures, options and swap subject of the Commission’s June 25, sampling techniques used by the contracts, cash and cash equivalents. 2002 order under the 1940 Act relating Advisor to manage fixed income funds For example, these New Funds may to other series of the iShares Trust do not materially differ from the invest in securities not included in the indexes of fixed income securities.5 representative sampling techniques it relevant Underlying Index in order to When using a representative sampling uses to manage equity funds. Due to the reflect prospective changes in the strategy, the Advisor attempts to match differences between bonds and equities, relevant Underlying Index (such as the risk and return characteristics of a the Advisor analyzes different future corporate actions and index New Fund’s portfolio to the risk and information—such as dividend reconstitutions, additions and return characteristics of the Underlying payments instead of coupon rates, for deletions). Index. As part of this process, the example. According to the Application, with Advisor subdivides each Underlying According to the Original respect to the iShares Lehman U.S. Index into smaller, more homogeneous Application, the New Funds’ use of the Aggregate Bond Fund (the ‘‘Lehman pieces. These subdivisions are representative sampling strategy is sometimes referred to as ‘‘cells.’’ A cell beneficial for a number of reasons. First, Aggregate Fund’’), additional portfolio will contain securities with similar the Advisor can avoid bonds that are flexibility would benefit the Fund, characteristics. For fixed income ‘‘expensive names’’ (i.e., bonds that while at the same time permitting it to indices, the Advisor generally divides trade at perceived higher prices or lower closely track the performance of its the index according to the five yields because they are in short supply) Underlying Index. The Lehman parameters that determine a bond’s risk but have the same essential risk, value, Aggregate Fund will: (i) seek to track the and expected return: (1) Duration, (2) duration and other characteristics as performance of that portion of its sector, (3) credit rating, (4) coupon, and less expensive names. Second, the use Underlying Index comprised of U.S. (5) the presence of embedded options. of representative sampling techniques Treasury securities, U.S. agency When completed, all bonds in the index permits the Advisor to exclude bonds securities, corporate bonds, non- will have been assigned a cell. The that it believes will soon be deleted corporate bonds (e.g., bonds issued by Advisor then begins to construct the from the Underlying Index. Third, the supra-national entities such as the portfolio by selecting representative Advisor can avoid holding bonds it International Monetary Fund), asset- bonds from these cells. The deems less liquid than other bonds with backed securities, and commercial representative sample of bonds chosen similar characteristics. Fourth, the mortgage-backed securities from each cell is designed to closely Advisor can develop a basket that is (approximately 65% of the Underlying correlate to the duration, sector, credit easier to construct and cheaper to trade, Index as of April 30, 2003) by investing rating, coupon, and embedded option thereby potentially improving arbitrage a corresponding percentage of its net characteristics of each cell. The opportunities. assets (i.e., approximately 65%) in the characteristics of each cell when From time to time, adjustments may Component Securities of its Underlying combined are, in turn, designed to be made in the portfolio of each New Index; 7 and (ii) seek to track the closely correlate to the duration, sector, Fund in accordance with changes in the performance of that portion of its credit rating, coupon, and embedded composition of the Underlying Index or Underlying Index invested in U.S. option characteristics of the Underlying to maintain RIC compliance. For agency mortgage pass-through securities example, if at the end of a calendar (approximately 35% of the Underlying 4 The Trust, Advisor and Distributor quarter a New Fund would not comply Index as of April 30, 2003) by investing (‘‘Applicants’’) have filed with the Commission an with the RIC diversification tests, the a corresponding percentage of its net Application for an Amended Order (‘‘Application’’) Advisor would make adjustments to the assets (i.e., approximately 35%) through under Sections 6(c) and 17(b) of the 1940 Act for the purpose of exempting the New Funds of the portfolio to ensure continued RIC status. TBA transactions (as defined below) on Trust from various provisions of the 1940 Act. (File The Exchange represents that the U.S. agency mortgage pass-through No. 812–13003). A notice of the Application was Advisor expects that each New Fund securities. Through the Lehman issued in Investment Company Act Release No. will have a tracking error relative to the Aggregate Fund’s direct investments in 26151, August 15, 2003. The information provided in this Rule 19b-4 filing related to the New Funds performance of its respective Component Securities of its Underlying is based on information included in the Underlying Index of no more than five Index and its investments in mortgage Application, which includes additional information percent (5%).6 Each New Fund’s pass-through securities through TBA regarding the Trust and the New Funds. The initial investment objectives, policies and Application for additional series of the iShares transactions as described above, the Trust based on indexes of fixed income securities investment strategies will be fully Lehman Aggregate Fund will have at (File No 812–12390) is referred to herein as the disclosed in its Prospectus and least 90% of its net assets invested (i) in ‘‘Original Application.’’ The Original Application Statement of Additional Information. Component Securities of its Underlying was approved in Investment Company Act Release No. 25622, June 25, 2002 (‘‘Order’’). See also, the Each New Fund (except the iShares Index and (ii) in investments that have Previous Approval Order, supra note 3, for Lehman U.S. Aggregate Bond Fund) will economic characteristics that are additional information relating to series of the invest at least 90% of its assets in substantially identical to the economic iShares Trust, as described in the Original Component Securities of its respective characteristics of the Component Application. Underlying Index. Each of these New 5 See In the Matter of iShares Trust, et al., Investment Company Act Release No. 25622 (June 7 With respect to this portion of its portfolio, the 25, 2002) (relating to the iShares 1–3 Year Treasury 6 Telephone call among Mike Cavalier, Associate Lehman Aggregate Fund may invest up to 10% of Index Fund, 7–10 Year Treasury Index Fund, 20+ General Counsel, Amex; Marc McKayle, Special its portfolio in bonds not included in its Underlying Year Treasury Index Fund, Treasury Index Fund, Counsel, Division of Market Regulation Index, but which the Adviser believes will help the Government/Credit Index Fund, Lehman Corporate (‘‘Division’’), Commission; and Jennifer Lewis, Lehman Aggregate Fund track its Underlying Index, Bond Fund and GS$ InvesTop Corporate Bond Special Counsel, Division, Commission, on August as well as in certain futures, options and swap Fund). 20, 2003. contracts, cash and cash equivalents. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52247 Securities of its Underlying Index (i.e., has been estimated that 90% of Lehman Aggregate Fund’s ability to TBA transactions). mortgage pass-through securities (as track its Underlying Index. For these According to the Application, the measured by total dollar volume) are reasons, the Adviser believes that the Lehman Aggregate Fund needs the executed as TBA trades.10 TBA ability to invest a significant portion of investment flexibility to engage in TBA transactions increase the liquidity and the Lehman Aggregate Fund’s assets transactions as described above pricing efficiency of transactions in through TBA transactions and to primarily because approximately 35% mortgage pass-through securities since maintain such exposure through the use of the securities in the Lehman they permit similar mortgage pass- of TBA rolls would increase the Aggregate Fund’s Underlying Index are through securities to be traded liquidity and pricing efficiency of the expected to be pools of U.S. agency interchangeably pursuant to commonly Lehman Aggregate Fund’s portfolio. In mortgage pass-through securities.8 As observed settlement and delivery addition, since holding a TBA position discussed below, it is easier to trade and requirements. exposes the holder to substantially obtain intra-day prices of TBAs than it The Lehman Aggregate Fund intends identical market and economic risks as is to trade and obtain intra-day prices of to use TBA transactions to acquire and holding a position in a corresponding specific pools of mortgage pass-through maintain exposure to that portion of the pool of mortgage pass-through securities. The readily available Lehman U.S. Aggregate Index securities, the Adviser believes that the information about intra-day pricing of comprised of pools of mortgage pass- use of TBA transactions as described TBAs and the ease with which they can through securities in either of two ways. herein should permit the Lehman be traded should make it easier to create First, and more commonly, the Lehman Aggregate Fund to closely track the and redeem Creation Unit Aggregations Aggregate Fund will enter into TBA performance of its Underlying Index. and help maintain the efficiency of the agreements and ‘‘roll over’’ such The use of TBA transactions is not Fund’s arbitrage mechanism. agreements prior to the settlement date intended to help the Lehman Aggregate The Application states that, although stipulated in such agreements. This type Fund outperform its Underlying Index, the market for mortgage pass-through of TBA transaction is commonly known but rather to increase pricing efficiency securities is extremely deep and liquid, as a ‘‘TBA roll.’’ In a ‘‘TBA roll’’ the while at the same time maintaining the it is impractical to trade mortgage pass- Lehman Aggregate Fund generally will Lehman Aggregate Fund’s exposure to through securities on a pool-by-pool sell the obligation to purchase the pools its Underlying Index.11 basis, particularly when large dollar stipulated in the TBA agreement prior to the stipulated settlement date and will b. Issuance of Creation Unit amounts are involved. For this reason, Aggregations the vast majority of mortgage pools are enter into a new TBA agreement for traded using ‘‘to-be-announced’’ or future delivery of pools of mortgage The issuance of Creation Unit ‘‘TBA transactions.’’ A ‘‘TBA pass-through securities. Second, and Aggregations will operate, except as transaction’’ essentially is a purchase or less frequently, the Lehman Aggregate noted below, in a manner identical to sale of a pass-through security for future Fund will enter into TBA agreements that of the Funds described in the settlement at an agreed upon date.9 It and settle such transactions on the Previous Approval Order, and in the stipulated settlement date by actual Original Application. The only 8 As used herein, the term ‘‘U.S. agency mortgage receipt or delivery of the pools of difference between the creation process pass-through security’’ or ‘‘mortgage pass-through mortgage pass-through securities for the New Funds and that of the Funds security’’ refers to a category of pass-through stipulated in the TBA agreement. Since that are the subject of the Order involves securities backed by pools of mortgages and issued intra-day prices of TBA agreements are by one of several U.S. Government-sponsored the Lehman Aggregate Fund (discussed enterprises: the Government National Mortgage more readily available than intra-day below). Association (‘‘GNMA’’), Federal National Mortgage prices on specific mortgage pools and 1. In General. Shares of each New Association (‘‘FNMA’’) or Federal Home Loan because mortgage pools tend to be less Fund (the ‘‘iShares’’) will be issued on Mortgage Corporation (‘‘FHLMC’’). In the basic liquid than TBA agreements, the use of a continuous offering basis in groups of pass-through structure, mortgages with similar issuer, term and coupon characteristics are TBA agreements should help maintain 50,000 or more. These ‘‘groups’’ of collected and aggregated into a pool. The pool is the efficiency of the Fund’s arbitrage shares are called ‘‘Creation Unit assigned a CUSIP number and undivided interests mechanism. The Lehman Aggregate Aggregations.’’ The New Funds will in the pool are traded and sold as pass-through Fund will accept actual delivery of issue and redeem iShares only in securities. The holder of the security is entitled to mortgage pools only when the Adviser 12 a pro rata share of principal and interest payments Creation Unit Aggregations. As with (including unscheduled prepayments) from the believes it is in the best interests of the other open-end investment companies, pool of mortgage loans. The portion of the Lehman Lehman Aggregate Fund and its iShares will be issued at the net asset U.S. Aggregate Index representing the mortgage shareholders to do so. In determining value (‘‘NAV’’) per share next pass-through segment of the U.S. investment grade whether to accept actual delivery of bond market is comprised of multiple pools of determined after an order in proper mortgage pass-through securities. mortgage pools, the Adviser will form is received. The anticipated price 9 ‘‘TBA’’ refers to a mechanism for the forward consider, among other things, the at which the iShares will initially trade settlement of agency mortgage pass-through potential impact of such acceptance on is approximately $100. securities, and not to a separate type of mortgage- the efficiency of the Lehman Aggregate The NAV per share of each New Fund backed security. TBA trades generally are Fund’s arbitrage mechanism and the conducted in accordance with widely-accepted is determined as of the close of the ‘‘Good Delivery’’ guidelines published by The Bond regular trading session on the Amex on Market Association. The Good Delivery guidelines actually delivered and the nominal agreed upon each day that the Amex is open. The facilitate transactions in mortgage pass-through amount. Intra-day and end-of-day pricing of TBAs Trust sells Creation Unit Aggregations of securities by establishing commonly observed terms is available from multiple pricing sources, such as and conditions for execution, settlement and Bloomberg and Tradeweb. The Bond Market delivery. In a TBA trade, the buyer and seller Association publishes standard notification and 11 Telephone call between Mike Cavalier, decide on general trade parameters, such as agency, settlement dates for TBA trades specifying uniform Associate General Counsel, Amex; and Florence coupon, term to maturity, settlement date, par settlement dates for specific classes of securities. Harmon, Senior Special Counsel, Division, amount, and price. The actual pools delivered are The most active trading market for TBA trades is Commission, on August 22, 2003. determined two days prior to settlement date. TBA usually for next-month settlement. See generally 12 Generally, each Creation Unit Aggregation will transactions promote efficient pricing because the TBAs: To-Be-Announced Mortgage Securities consist of 50,000 or more iShares and the estimated Good Delivery guidelines permit only a small Transactions, The Bond Market Association (1999). initial value per Creation Unit Aggregation will be variance between the face amount of the pools 10 Id. at 3. approximately $5 million. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52248 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices each New Fund only on business days Aggregation) of the Deposit Securities Deposit. Instead, the Fund will at the next determined NAV of each (such value referred to herein as the designate the mortgage pass-through New Fund. ‘‘Deposit Amount’’). The Balancing TBAs to be included in a Portfolio Creation Unit Aggregations will be Amount serves the function of Deposit just as it would any other issued by each Fund in exchange for the compensating for differences, if any, Deposit Securities of a Portfolio Deposit, in-kind deposit of a portfolio securities between the NAV per Creation Unit and will accept ‘‘cash in lieu’’ of designated by the Advisor to correspond Aggregation and that of the Deposit delivery of the designated mortgage generally to the price and yield Amount. The deposit of the requisite pass-through TBAs. The Lehman performance of the New Fund’s Deposit Securities and the Balancing Aggregate Fund will then enter into Underlying Index (the ‘‘Deposit Amount are collectively referred to TBA agreements included as Deposit Securities’’). Purchasers will generally herein as a ‘‘Portfolio Deposit.’’ Securities in the Portfolio Deposit.13 be required to deposit a specified cash The Advisor will make available to According to the Application, this will payment in the manner more fully the market through the National substantially minimize the Lehman described in the Application. Creation Securities Clearing Corporation (the Aggregate Fund’s transaction costs, Unit Aggregations will be redeemed by ‘‘NSCC’’) on each Business Day, prior to enhance operational efficiencies and each New Fund in exchange for the opening of trading on the Amex otherwise reduce any operational issues portfolio securities of the New Fund (currently 9:30 a.m. eastern time), the which the acceptance of pools of (‘‘Fund Securities’’) and a specified cash list of the names and the required mortgage pass-through securities might payment in the manner more fully number of shares of each Deposit otherwise present.14 described herein. Fund Securities Security included in the current received on redemption may not be Portfolio Deposit (based on information c. Availability of Information Regarding identical to Deposit Securities deposited at the end of the previous Business Day) iShares and Underlying Indices in connection with creations of Creation for the relevant New Fund. The On each Business Day, the list of Unit Aggregations for the same day. Portfolio Deposit will be applicable to a names and amount of each treasury The Distributor will act on an agency New Fund (subject to any adjustments security, government security or basis and will be the Trust’s principal to the Balancing Amount, as described corporate bond constituting the current underwriter for the iShares in Creation below) in order to effect purchases of Deposit Securities of the Portfolio Unit Aggregations of each New Fund. Creation Unit Aggregations of the New All orders to purchase iShares in Fund until such time as the next- 13 Prior to settlement of such TBA transactions, Creation Unit Aggregations must be announced Portfolio Deposit the ‘‘cash in lieu’’ portion of the Portfolio Deposit will be invested in cash equivalents, including placed with the Distributor by or composition is made available. money market mutual funds, and such investments, through an authorized participant The identity and number of shares of along with cash and other liquid assets identified (‘‘Authorized Participant’’). Authorized the Deposit Securities required for the by BGFA, will be segregated on the books and Participants, which are required to be Portfolio Deposit for each New Fund records of the Fund or its Custodian in accordance with section 18 of the 1940 Act and Investment Depository Trust Company (‘‘DTC’’) will change from time to time. The Company Act Release 10666. Since the price of a participants, must enter into a composition of the Deposit Securities TBA transaction includes an assumed rate of return participant agreement with the may change in response to adjustments on the cash held in anticipation of settlement, the Distributor. The Distributor will to the weighting or composition of the Fund’s investment in cash equivalents prior to settlement is not expected to have a material impact transmit such orders to the applicable Component Securities in the relevant on potential tracking error or the Fund’s ability to New Fund and furnish to those placing Underlying Index. These adjustments track its Underlying Index. In addition, since the orders confirmation that the orders have will reflect changes, known to the interest or dividends that the Fund accrues on a been accepted. The Distributor may Advisor to be in effect by the time of daily basis on its investment in cash equivalents will be relatively small and will be included as part reject any order that is not submitted in determination of the Deposit Securities, of the Cash Component published on a daily basis proper form. The Distributor will be in the composition of the Underlying according to the procedures currently used for the responsible for delivering the Index being tracked by the relevant New Index Funds, Applicants expect that such prospectus to those persons creating Fund, or resulting from rebalance or dividends and interest will be reflected in the secondary market trading price of iShares of the iShares in Creation Unit Aggregations additions or deletions to the relevant Fund. The Commission’s June 25, 2002 order and for maintaining records of both the Underlying Index. In addition, the Trust relating to fixed income funds of the iShares Trust orders placed with it and the reserves the right with respect to each (Investment Company Act Release No. 45622) confirmations of acceptance furnished New Fund to permit or require the permits acceptance of a ‘‘cash-in lieu’’ amount to replace Deposit Securities that are unavailable for by it. In addition, the Distributor will substitution of an amount of cash (i.e., delivery or for other reasons. In addition, prior maintain a record of the instructions a ‘‘cash in lieu’’ amount) to be added to iShares orders expressly permit ‘‘cash-only given to the Trust to implement the the Balancing Amount to replace any purchases of Creation Unit Aggregations’’ where the delivery of iShares. Deposit Security: (1) that may be Adviser believes such transactions would ‘‘substantially minimize * * * transactional costs 2. In-Kind Deposit of Portfolio unavailable or not available in sufficient or would enhance * * * operational efficiencies.’’ Securities. Payment for Creation Unit quantity for delivery to the Trust upon See Investment Company Act Release No. 24452 Aggregations placed through the the purchase of iShares in Creation Unit (May 12, 2000). Distributor will be made by the Aggregations, or (2) that may not be 14 Intra-day and end-of-day pricing of TBAs is purchasers generally by an in-kind available from multiple pricing sources, such as eligible for trading by an Authorized Bloomberg and Tradeweb. In addition, the fungible deposit with the New Fund of the Participant or the investor on whose nature of TBAs and commonly observed execution Deposit Securities together with an behalf the Authorized Participant is and settlement procedures create significant pricing amount of cash (the ‘‘Balancing acting. efficiencies and market liquidity for TBAs. TBAs typically trade at very narrow spreads on Amount’’) specified by the Advisor in The Lehman Aggregate Fund may transactions of up to $300 million or more. Since the manner described below. The invest in and hold mortgage pass- intra-day pricing of TBAs is readily available and Balancing Amount is an amount equal through securities on a TBA basis. Since the market for mortgage pass-through TBAs is to the difference between (1) the NAV a TBA transaction is essentially an extremely liquid, the designation of TBAs in the Portfolio Deposit and their inclusion as Fund (per Creation Unit Aggregation) of the agreement for future settlement of a Securities should make pricing of the Fund and the New Fund and (2) the total aggregate mortgage security, it is not possible to Deposit Amount more efficient and transparent, market value (per Creation Unit accept TBAs as part of the Portfolio thus increasing arbitrage efficiency. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52249 Deposit and the Balancing Amount Tradeweb, and other pricing services d. Redemption of iShares effective as of the previous Business Day commonly used by bond mutual Creation Unit Aggregations of each 17 will be made available. An amount per funds. New Fund will be redeemable at the iShare representing the sum of the The Lehman Indices will not be NAV next determined after receipt of a estimated Balancing Amount effective calculated or disseminated intra-day. request for redemption. Creation Unit through and including the previous The value and return of each Lehman Aggregations of each New Fund will be Business Day, plus the current value of Index is calculated and disseminated redeemed principally in-kind, together the Deposit Securities, on a per iShare each business day, at the end of the day, with a balancing cash payment basis (the ‘‘Intra-day Optimized by Lehman Brothers. (although, as described below, Creation Portfolio Value’’ or ‘‘IOPV’’) will be Each New Fund will make available Unit Aggregations may sometimes be calculated by an independent third through NSCC on a daily basis the redeemed for cash). The value of each party (such as Bloomberg L.P.) names and required number of shares of New Fund’s redemption payments on a (‘‘Bloomberg’’) every 15 seconds during each of the Deposit Securities in a Creation Unit Aggregation basis will the AMEX’s regular trading hours and Creation Unit Aggregation, as well as equal the NAV per the appropriate disseminated every 15 seconds by such information regarding the Balancing number of iShares of such New Fund. third party and by AMEX on AMEX’s Amount. The NAV for each New Fund Owners of iShares may sell their iShares Consolidated Tape B. The IOPV will be will be calculated and disseminated in the secondary market, but must updated throughout the day to reflect daily. The Amex also intends to accumulate enough iShares to constitute changing bond prices, as well as TBA disseminate a variety of data with a Creation Unit Aggregation in order to prices, using multiple prices from respect to each New Fund on a daily redeem through the New Fund. independent third party pricing sources. basis by means of CTA and CQ High Redemption orders must be placed by or Information about the intra-day prices Speed Lines; information with respect through an Authorized Participant. for the Deposit Securities of each Fund to recent NAV, shares outstanding, Creation Unit Aggregations of any 15 is readily available to the marketplace. estimated cash amount and total cash New Fund generally will be redeemable Applicants represent (i) that IOPV will amount per Creation Unit Aggregation on any Business Day in exchange for be calculated by an independent third will be made available prior to the Fund Securities and the Cash party; (ii) that IOPV will be calculated opening of the Amex. In addition, the Redemption Payment (defined below) in using prices obtained from multiple Web site for the Trust, which will be effect on the date a request for independent third-party pricing sources publicly accessible at no charge, will redemption is made. The Advisor will (such as broker-dealers) throughout the contain the following information, on a publish daily through NSCC the list of day; and (iii) that IOPV will be per iShare basis, for each New Fund: (a) securities which a creator of Creation calculated in accordance with pre- the prior Business Day’s NAV and the Unit Aggregations must deliver to the determined criteria and set parameters mid-point of the bid-ask price 18 at the Fund (the ‘‘Creation List’’) and which a so that an individual bond ‘‘price’’ time of calculation of such NAV (‘‘Bid/ based on an analysis of multiple pricing Ask Price’’), and a calculation of the Quote and trade information regarding Treasury sources is obtained for each security in premium or discount of such price securities is widely available to market participants 16 a Portfolio Deposit. Closing prices of against such NAV; and (b) data in chart from a variety of sources. The electronic trade and quote systems of the dealers and interdealer brokers the New Funds’ Deposit Securities are format displaying the frequency readily available from published or are one such source. Groups of dealers and distribution of discounts and premiums interdealer brokers also furnish trade and quote other public sources, such as the Trace of the Bid/Ask Price against the NAV, information to vendors such as Bloomberg, Reuters, Reporting and Compliance Engine within appropriate ranges, for each of Bridge, Moneyline Telerate, and CQG. GovPX, for example, is a consortium of leading government (commonly known as ‘‘TRACE’’), or on- the four previous calendar quarters.19 line client-based information services securities dealers and subscribers that provides market data from leading government securities provided by Credit Suisse First Boston, 17 Applicants understand that Credit Suisse First dealers and interdealer brokers to market data Goldman Sachs, Lehman Brothers, Boston, Goldman Sachs, Lehman Brothers, Merrill vendors and subscribers. Trade Web, another Merrill Lynch, IDC, Bridge, Bloomberg, Lynch, IDC, Bridge, and Bloomberg provide prices example, is a consortium of 18 primary dealers that, for each type of Deposit Security. Tradeweb in addition to providing a trading platform, also provides prices for each type of Deposit Security provides market data direct to subscribers or to 15 Authorized Participants and other market except mortgage backed securities and corporate other market data vendors. participants have a variety of ways to access the bonds. TRACE provides prices for corporate bonds. intra-day security prices that form the basis of the Real-time price quotes for corporate and non- 18 Fund’s IOPV calculation. For example, intra-day The Bid-Ask Price of a New Fund is corporate debt securities are available to prices for treasury securities, agency securities and determined using the highest bid and lowest offer institutional investors via proprietary systems such TBAs are available from Bloomberg, the Trace on the Exchange as of the time of calculation of as Bloomberg, Reuters and Dow Jones Telerate. Reporting and Compliance Engine (commonly each New Fund’s NAV. Additional analytical data and pricing information known as ‘‘TRACE’’) and TradeWeb. Intra-day 19 The secondary market for Treasury securities is may also be obtained through vendors such as prices for inflation protected public obligations of a highly organized over-the-counter market. Many Bridge Information Systems, Muller Data, Capital the U.S. Treasury (‘‘TIPS’’) are available from dealers, and particularly the primary dealers, make Management Sciences, Interactive Data Corporation Bloomberg and Tradeweb. Intra-day prices of markets in Treasury securities. Trading activity and Barra. callable agency securities are expected to be takes place between primary dealers, non-primary Retail investors have access to free intra-day available from TradeWeb in July or sometime dealers, and customers of these dealers, including bellwether quotes. The Bond Market Association shortly thereafter. Intra-day prices of corporate financial institutions, non-financial institutions and provides links to price and other bond information bonds are available from TRACE. In addition, intra- individuals. Increasingly, trading in Treasury sources on its investor Web site at day prices for each of these securities are available securities occurs through automated trading www.investinginbonds.com. In addition, the by subscription or otherwise to Authorized systems. transaction prices and volume data for the most Participants and clients of major U.S. broker-dealers The primary dealers are among the most active actively-traded bonds on the exchanges are (such as Credit Suisse First Boston, Goldman Sachs participants in the secondary market for Treasury published daily in newspapers and on a variety of and Lehman Brothers). securities. The primary dealers and other large financial Web sites. 16 For example, Bloomberg Generic Prices could market participants frequently trade with each Closing corporate and non-corporate bond prices be used. Bloomberg Generic Prices are current other, and most of these transactions occur through are also available through subscription services prices on individual bonds as determined by an interdealer broker. The interdealer brokers (e.g., IDC, Bridge) that provide aggregate pricing Bloomberg using a proprietary automated pricing provide primary dealers and other large participants information based on prices from several dealers, as program that analyzes multiple bond prices in the Treasury market with electronic screens that well as subscription services from broker-dealers contributed to Bloomberg by third-party price display the bid and offer prices among dealers and with a large bond trading operation, such as contributors (such as broker-dealers). allow trades to be consummated. Lehman Brothers and Goldman, Sachs & Co. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52250 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices redeemer will receive from the New and cash will clear and settle through collateral to cover the failed delivery of Fund (the ‘‘Redemption List’’). The the Federal Reserve system. More Deposit Securities in connection with Creation List is identical to the list of specifically, creation transactions will an ‘‘in-kind’’ creation of iShares. In case the names and the required numbers of settle as follows. On settlement date (T of a failed delivery of one or more shares of each Deposit Security + 3) an Authorized Participant will Deposit Securities, the New Funds will included in the current Portfolio transfer Deposit Securities that are hold the collateral until the delivery of Deposit.20 corporate and non-corporate bonds such Deposit Security. The New Funds In addition, just as the Balancing (other than U.S. government securities) will be protected from failure to receive Amount is delivered by the purchaser of through DTC to a DTC account the Deposit Securities because the Creation Unit Aggregations to the New maintained by the New Funds’ Custodian will not effect the Fund’s side Fund, the Trust will also deliver to the Custodian, and Deposit Securities that of the transaction (the issuance of redeeming Beneficial Owner in cash the are U.S. government securities, together iShares) until the Custodian has ‘‘Cash Redemption Payment.’’ The Cash with any Balancing Amount, to the received confirmation of receipt of the Redemption Payment on any given Custodian through the Federal Reserve Authorized Participant’s incoming Business Day will be an amount system. Once the Custodian has verified Deposit Securities (or collateral for calculated in the same manner as that the receipt of all of the Deposit failed Deposit Securities) and Balancing for the Balancing Amount, although the Securities (or in the case of failed Amount. In the case of redemption actual amounts may differ if the Fund delivery of one or more bonds, collateral transactions, the New Funds will be Securities received upon redemption are in the amount of 105% or more of the protected from failure to receive not identical to the Deposit Securities missing Deposit Securities) and the Creation Unit Aggregations of iShares applicable for creations on the same receipt of any Balancing Amount, the because the Custodian will not new day. To the extent that the Fund Custodian will notify the Distributor effect the New Fund’s side of the Securities have a value greater than the and the Advisor. The Fund will issue transaction (the delivery of Fund NAV of iShares being redeemed, a cash Creation Unit Aggregations of iShares Securities and the Cash Redemption payment equal to the differential is and the Custodian will deliver the Payment) until the Transfer Agent has required to be paid by the redeeming iShares to the Authorized Participant received confirmation of receipt of the Beneficial Owner to the New Fund. The through DTC. DTC will then credit the Authorized Participant’s incoming Trust may also make redemptions in Authorized Participant’s DTC account. Creation Unit Aggregations. In order to cash in lieu of transferring one or more The clearance and settlement of simplify the transfer agency process and Fund Securities to a redeemer if the redemption transactions essentially align the settlement of iShares of the Trust determines, in its discretion, that reverses the process described above. New Funds with the settlement of the such method is warranted due to After the Trust has received a Deposit Securities and Fund Securities, unusual circumstances. An unusual redemption request in proper form and Applicants plan to settle transactions in circumstance could arise, for example, the Authorized Participant transfers U.S. Government securities, corporate when a redeeming entity is restrained Creation Unit Aggregations of iShares to bonds, non-corporate bonds and iShares by regulation or policy from transacting the New Funds’ Custodian through on the same T + 3 settlement cycle. in certain Fund Securities, such as the DTC, the Trust will cause the Custodian Amex represents that according to the presence of such Fund Securities, on a to initiate procedures to transfer the Application, the clearance and redeeming investment banking firm’s requisite Fund Securities and any Cash settlement process will not affect the restricted list. Redemption Payment. On T + 3, arbitrage of Shares in the New Fund.21 assuming the Custodian has verified e. Clearance and Settlement f. Dividends and Distributions receipt of the Creation Unit The Deposit Securities and Fund Aggregations, the Custodian will Dividends from net investment Securities of each New Fund will settle transfer Fund Securities that are income will be declared and paid to via free delivery through the Federal corporate and non-corporate bonds to Beneficial Owners of record at least Reserve System for U.S. Government the Authorized Participant through DTC annually by each New Fund. Certain of securities and the DTC for corporate and Fund Securities that are U.S. the New Funds may pay dividends, if securities and non-corporate securities Government securities, together with any, on a quarterly or more frequent (other than U.S. Government securities). any Cash Redemption Payment, through basis. Distributions of realized securities The iShares will settle through the DTC. the Federal Reserve system. gains, if any, generally will be declared The Custodian will monitor the iShares of the New Funds will be and paid once a year, but each New movement of the Deposit Securities and debited or credited by the Custodian Fund may make distributions on a more will instruct the movement of the directly to the DTC accounts of the frequent basis to comply with the iShares only upon validation that the Authorized Participants. With respect to distribution requirements of the Internal Deposit Securities have settled correctly domestic equity-based ETFs using the Revenue Code and consistent with the or that required collateral is in place. CNS System, Creation Unit Aggregations 1940 Act. As with the settlement of domestic of iShares are deposited or charged to Dividends and other distributions on ETF transactions outside of the NSCC the Authorized Participants’ DTC iShares of each New Fund will be Continuous Net Settlement System (the accounts through the CNS System. distributed on a pro rata basis to ‘‘CNS System’’), (i) iShares of the New Since creation/redemption transactions Beneficial Owners of such iShares. Funds and corporate and non-corporate for iShares of the New Funds will not Dividend payments will be made securities (other than U.S. government clear and settle through the CNS through the Depository and the DTC securities) will clear and settle through System, the failed delivery of one or Participants to Beneficial Owners then DTC, and (ii) U.S. government securities more Deposit Securities (on a create) or one or more Fund Securities (on a 21 Telephone call among Mike Cavalier, Associate 20 Investors redeeming Creation Unit General Counsel, Amex; Marc McKayle, Special Aggregations of the Lehman Aggregate Fund will redemption) will not be facilitated by Counsel, Division, Commission; and Jennifer Lewis, receive cash for any Portfolio Securities that are the CNS System. Therefore, Authorized Special Counsel, Division, Commission, on August mortgage pass-through TBAs. Participants will be required to provide 20, 2003. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52251 of record with amounts received from may with the prior approval of a Floor the requirements of Amex Rule 411 each New Fund. Official, be elected by a quotation, as set (Duty to Know and Approve The Trust will not make the DTC forth in Commentary .04(c) (i–v). The Customers). book-entry Dividend Reinvestment Exchange has designated Index Fund 8. Purchases and Redemptions in Service (the ‘‘Service’’) available for use Shares, including iShares, as eligible for Creation Unit Size. In the Information by Beneficial Owners for reinvestment this treatment. See Release No. 34– Circular referenced above, members and of their cash proceeds, but certain 29063, note 9, (SR–Amex–90–31) member organizations will be informed individual brokers may make the regarding Exchange designation of that procedures for purchases and Service available to their clients. The equity derivative securities as eligible redemptions of iShares in Creation Unit SAI will inform investors of this fact for such treatment under Amex Rule Size are described in the Fund and direct interested investors to 154, Commentary .04(c). prospectus and Statement of Additional contact such investor’s broker to 4. Rule 190. Rule 190, Commentary Information, and that iShares are not ascertain the availability and a .04 applies to Index Fund Shares listed individually redeemable but are description of the Service through such on the Exchange, including iShares. redeemable only in Creation Unit Size broker. The SAI will also caution Commentary .04 states that nothing in aggregations or multiples thereof. interested Beneficial Owners that they Rule 190(a) should be construed to 9. Surveillance. Exchange should note that each broker may restrict a specialist registered in a surveillance procedures applicable to require investors to adhere to specific security issued by an investment trading in the proposed iShares are procedures and timetables in order to company from purchasing and comparable to those applicable to other participate in the Service and such redeeming the listed security, or Index Fund Shares currently trading on investors should ascertain from their securities that can be subdivided or the Exchange. The Exchange represents broker such necessary details. iShares converted into the listed security, from that its surveillance procedures are acquired pursuant to the Service will be the issuer as appropriate to facilitate the adequate to properly monitor the held by the Beneficial Owners in the maintenance of a fair and orderly trading of the New Funds. If the issuer same manner, and subject to the same market. or a broker-dealer is responsible for 5. Prospectus Delivery. The Exchange, terms and conditions, as for original maintaining (or has a role in in an Information Circular to Exchange ownership of iShares. maintaining), or calculating the members and member organizations, Underlying Index, it would be required g. Other Issues will inform members and member to erect and maintain a ‘‘Fire Wall’’ in 1. Criteria for Initial and Continued organizations, prior to commencement a form satisfactory to the Exchange to Listing. iShares are subject to the criteria of trading, of the prospectus or Product for initial and continued listing of Index Description delivery requirements prevent the flow of information Fund Shares in Rule 1002A. It is applicable to iShares. The Applicants regarding the Underlying Index from the anticipated that a minimum of two have filed with the Division of index production personnel and index Creation Units (100,000 iShares) will be Investment Management a separate calculation personnel to the sales and required to be outstanding at the start of request for an exemptive order granting trading personnel. The Exchange will trading. This minimum number of relief from certain prospectus delivery implement surveillance procedures to iShares required to be outstanding at the requirements under section 24(d) of the monitor and prevent the misuse of start of trading will be comparable to 1940 Act. (Investment Company Act material, non-public information in 23 requirements that have been applied to Release No. 25595, May 29, 2002). Any connection with the indices. previously listed series of Portfolio product description used in reliance on 10. Hours of Trading/Minimum Price Depositary Receipts and Index Fund a Section 24(d) exemptive order will Variation. The New Funds will trade on Shares. comply with all representations made the Amex until 4:15 p.m. (eastern time). The Exchange believes that the therein and all conditions thereto. The minimum price variation for proposed minimum number of iShares 6. Trading Halts. In addition to other quoting will be $.01. outstanding at the start of trading is factors that may be relevant, the Statutory Basis sufficient to provide market liquidity Exchange may consider factors such as and to further the Trust’s objective to those set forth in Rule 918C(b) in The Exchange believes that the seek to provide investment results that exercising its discretion to halt or proposed rule change is consistent with correspond generally to the price and suspend trading in Index Fund Shares, section 6(b) of the Exchange Act,24 in yield performance of the Index. including iShares. These factors would general, and furthers the objectives of 2. Original and Annual Listing Fees. include, but are not limited to, (1) the section 6(b)(5) of the Exchange Act,25 in The Amex original listing fee applicable extent to which trading is not occurring particular, in that it is designed to to the listing of the New Funds is $5,000 in securities underlying the index; or (2) prevent fraudulent and manipulative for each Fund. In addition, the annual whether other unusual conditions or acts and practices, to promote just and listing fee applicable to the Funds under circumstances detrimental to the equitable principles of trade, to foster Section 141 of the Amex Company maintenance of a fair and orderly cooperation and coordination with Guide will be based upon the year-end market are present.22 In addition, persons engaged in regulating, clearing, aggregate number of outstanding iShares trading in iShares will be halted if the settling, processing information with in all funds of the Trust listed on the circuit breaker parameters under Amex respect to, and facilitating transaction in Exchange. Rule 117 have been reached. securities, and, in general to protect 3. Stop and Stop Limit Orders. Amex 7. Suitability. Prior to commencement investors and the public interest. Rule 154, Commentary .04(c) provides of trading, the Exchange will issue an that stop and stop limit orders to buy or Information Circular informing 23 Telephone call among Mike Cavalier, Associate sell a security (other than an option, members and member organizations of General Counsel, Amex; Marc McKayle, Special Counsel, Division, Commission; and Jennifer Lewis, which is covered by Amex Rule 950(f) the characteristics of the Funds and of Special Counsel, Division, Commission, on August and Commentary thereto) the price of applicable Exchange rules, as well as of 20, 2003. which is derivatively priced based upon 24 15 U.S.C. 78f(b). another security or index of securities, 22 See Amex Rule 918C. 25 15 U.S.C. 78f(b)(5). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52252 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices B. Self-Regulatory Organization’s Commission, 450 Fifth Street, NW., SECURITIES AND EXCHANGE Statement on Burden on Competition Washington, DC 20549–0609. Copies of COMMISSION The Exchange does not believe that the submission, all subsequent amendments, all written statements [Release No. 34–48396; File No. SR–BSE– the proposed rule change will impose 2003–12] any burden on competition. with respect to the proposed rule change that are filed with the Self-Regulatory Organizations; Notice C. Self-Regulatory Organization’s Commission, and all written of Filing and Immediate Effectiveness Statement on Comments on the communications relating to the of Proposed Rule Change and Proposed Rule Change Received From proposed rule change between the Amendment No. 1 Thereto by the Members, Participants or Others Commission and any person, other than Boston Stock Exchange, Inc. Relating No written comments were solicited those that may be withheld from the to Its Transaction and Floor or received with respect to the proposed public in accordance with the Operations Fee Schedules rule change. provisions of 5 U.S.C. 552, will be August 22, 2003. available for inspection and copying in III. Date of Effectiveness of the Pursuant to section 19(b)(1) of the the Commission’s Public Reference Proposed Rule Change and Timing for Securities Exchange Act of 1934 Room. Copies of such filing will also be Commission Action (‘‘Act’’),1 and Rule 19b–4 thereunder,2 available for inspection and copying at notice is hereby given that on July 1, Within 35 days of the date of the principal office of the Amex. All publication of this notice in the Federal 2003, the Boston Stock Exchange, Inc. submissions should refer to File No. SR- Register or within such longer period (i) (‘‘BSE’’ or ‘‘Exchange’’) filed with the Amex-2003–75 and should be submitted as the Commission may designate up to Securities and Exchange Commission by September 23, 2003. 90 days of such date if it finds such (‘‘Commission’’) the proposed rule longer period to be appropriate and For the Commission, by the Division of change as described in Items I, II and III publishes its reasons for so finding or Market Regulation, pursuant to delegated below, which Items have been prepared (ii) as to which the self-regulatory authority.26 by the BSE. On August 5, 2003, the BSE agency consents, the Commission will: Margaret H. McFarland, filed an amendment to the proposal.3 A. by order approve the proposed rule Deputy Secretary. The Commission is publishing this notice to solicit comments on the change, or [FR Doc. 03–22234 Filed 8–29–03; 8:45 am] B. institute proceedings to determine proposed rule change, as amended, from BILLING CODE 8010–01–P whether the proposed rule change interested persons. should be disapproved. I. Self-Regulatory Organization’s IV. Solicitation of Comments Statement of the Terms of Substance of the Proposed Rule Change Interested persons are invited to submit written data, views and The BSE proposes to amend its Floor arguments concerning the foregoing, Operations Fees and Transaction Fees including whether the proposal is schedules. The text of the proposed rule consistent with the Exchange Act. change is below. Proposed new Persons making written submissions language is italicized; proposed should file six copies thereof with the deletions are in brackets. Secretary, Securities and Exchange * * * * * FLOOR OPERATION FEES (1) Occupancy/Technology Occupancy Fee ...... $500.00 per post per month. Specialist/Floor Trader Technology Fee ...... $500.00 per BEACON terminal per month. Floor Broker Technology Fee ...... $100.00 per BEACON terminal per month. Security Routing Fee ...... $500.00 per month per BEACON user-ID that has stocks routed to it. Floor Facility Fee ...... $250.00 per person that regularly accesses the trading floor. Electronic Trading Permit Fee ...... $1,000.00 per trader trading from a remote location per month. (2) Specialist Post Clearing and Cashiering Post Cashiering Fee ...... $750.00 per specialist book for first 3 books per firm. $100.00 per specialist book for any books in excess of 3 per firm. Clearing Fee ...... $.05 per trade. (3) Specialist Trade Processing Fees/Credits Pre-Opening Trades ...... No Charge. Trades in CTA Securities ranked 1,001 and greater ...... No Charge (BSE executions only). Round lot ...... $.50 per order. Odd Lot Trades (includes CSI Issues) ...... $.05 per order ($400 maximum per account). Trading Account Trades ...... $1.50 per order. 26 17 CFR 200.30–3(a)(12). purpose of the rulefiling, inserted purpose language abrogation period, the Commission considers the 1 15 U.S.C. 78s(b)(1). to clarify that the rulefiling will apply solely to BSE period to have commenced on August 5, 2003. 2 17 CFR 240.19b–4. members, and provided purpose language that 3 See letter from John Boese, Vice President Legal describes the necessity of the fee change to offset and Compliance, BSE, to Ms. Nancy Sanow, systems related expenses incurred by the Exchange Assistant Director, Division of Market Regulation, in providing facilities for its member firms to Commission, dated August 14, 2003 (‘‘Amendment provide layoff services to the BSE specialist No. 1’’). In Amendment No. 1, the BSE added community. For purposes of calculating the 60-day purpose language that elaborates on the overarching VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52253 ETF Trade Credit ...... $2.00 per trade (maximum annual credit capped at total amount paid in upfront annual registration fees). Revenue Sharing Program ...... 100% (50% after 1st 6 months) non specialist rev- enue and 50% CTA revenue will be shared on all floor broker generated volume in CTA 501+ issues. ******* (4) Other Charges ITS User Fee ...... $[.003] $.0018 per share on [net] outbound specialist trades [(charge for outgoing trades offset by cumu- lative credit for incoming trades)]. No charge for non-specialist firms. Quotation Services ...... Member assumes 100% of cost. Specialist Margin Account Financing ...... Charged daily at current broker call rate. Solely Listed Issue Credit ...... $50.00 Credit per issue traded. Miscellaneous Charges ...... At cost for phone, postage, courier service, fax usage, after hours BSE staff assistance and other applica- ble items. Late Fees ...... 1.5% will be charged on outstanding balances as of the last calendar day of the month. TRANSACTION FEES 1. Trade Recording and Comparison Charges • All BSE executions up to and including 2,500 shares ...... No Charge. • All BSE single-sided executions from 2,501–5,000 shares ...... No Charge. • All other executions (excluding automated non-BSE executions) First 2,500 trades per month ...... $.29 per 100 shares Next 2,500 trades per month ...... $.25 per 100 shares Next 2,500 trades per month ...... $.15 per 100 shares Over 7,500 trades per month ...... $.04 per 100 shares Floor Brokered non-BSE executions ...... $.05 per 100 shares Automated non-BSE executions ...... [$.05 per 100 net non-BSE automated shares]. $.025 per 100 shares for non-BSE automated shares offset by automated incoming volume routed to BSE $.05 per 100 shares for non-BSE automated shares in excess of automated incoming volume routed to BSE. Maximum charge per side (single-sided) ...... $50.00 Maximum charge per side (cross) ...... $25.00 (all trades accumulate for volume discounts) 2. Value Charges ******* REVENUE SHARING: TAPE A—Should the Exchange generate its monthly Tape A revenue target, 50% of any amount in excess of this target amount will be shared on a pro-rata basis with those firms that generate a minimum of $50,000 in overall monthly automated transaction fees. TAPE B—50% of NET Tape B revenues will be shared on a per executed trade routed to the BSE. * * * * * A. Self-Regulatory Organization’s credit, overall market conditions have Statement of the Purpose of, and changed and, more importantly, the II. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule Limit Order Display Rule, SEC Rule Statement of the Purpose of, and Change 11Ac1–4,4 now requires that specialists Statutory Basis for, the Proposed Rule display their limit orders. The Exchange 1. Purpose Change realizes that eliminating this credit may The purpose of the proposed rule increase the overall cost to transact In its filing with the Commission, the change is to amend the Exchange’s Floor business on the BSE for some specialists BSE included statements concerning the Operation Fees schedule with the and, as a result, further proposes to purpose of and basis for the proposed overall goal of increasing the number of reduce the cost to transact outbound ITS rule change and discussed any stocks traded on the BSE. The Exchange volume from $.003/share to $.0018/ comments it received on the proposed is proposing to eliminate the credit it share to offset this cost. rule change. The text of these statements offers to specialists for inbound The Exchange also proposes to may be examined at the places specified Intermarket Trading System (‘‘ITS’’) implement a credit program for its in Item IV below and is set forth in volume and to also reduce the fee that specialists by which, for the first six (6) Sections A, B, and C below. it charges to specialists to execute months of the program, the BSE will outbound volume through the same credit back 100% of the Trade system. The credit was initially Recording and Value Charge revenue it implemented to induce specialists to generates on BSE executed Floor- attract volume to the BSE through ITS Brokered trades in the issues ranked 501 by openly displaying their limit orders. Since the initial implementation of this 4 17 CFR 240.11Ac1–4. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52254 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices or greater in listed securities volume services to the BSE specialist public in accordance with the reported to the Consolidated Tape community. provisions of 5 U.S.C. 552, will be Association (‘‘CTA’’). In addition, as available for inspection and copying in 2. Statutory Basis part of the credit program, the BSE the Commission’s Public Reference proposes to include 50% Tape Revenue The Exchange believes that its Room. Copies of such filing will also be sharing for revenue generated on the proposed rule change is consistent with available for inspection and copying at same Floor-Brokered volume.5 After the Section 6(b) of the Act,7 in general, and the principal office of the BSE. All first six (6) months of the program, the furthers the objectives of Section 6(b)(4) submissions should refer to File No. credit of 100% of the Trade Recording of the Act,8 in particular, in that it is an SR–BSE–2003–12 and should be and Value Charge revenue will be equitable allocation of reasonable dues, submitted by September 23, 2003. reduced to 50%. CTA revenue sharing fees, and other charges among Exchange members. For the Commission, by the Division of will remain at the current rate of 50%. Market Regulation, pursuant to delegated The purpose of the credit program for B. Self-Regulatory Organization’s authority.11 the specialists is to acknowledge the Statement on Burden on Competition Margaret H. McFarland, importance of their participation in the The Exchange does not believe that Deputy Secretary. Exchange’s overall initiative by the proposed rule change will impose [FR Doc. 03–22235 Filed 8–29–03; 8:45 am] implementing incentives for specialists any inappropriate burden on BILLING CODE 8010–01–P to increase the number of issues, and competition. related executions, traded on the BSE. Additionally, the BSE also proposes C. Self-Regulatory Organization’s SECURITIES AND EXCHANGE to amend its Transaction Fees schedule Statement on Comments on the COMMISSION by revising the rate at which it charges Proposed Rule Change Received From member firms that route orders to the Members, Participants or Others [Release No. 34–48394; File No. SR–CBOE– 2003–28] BSE and also provide BSE specialists No written comments were either with the capability of routing order flow solicited or received. Self-Regulatory Organizations; Notice to other exchanges (for example, 6 III. Date of Effectiveness of the of Filing and Immediate Effectiveness through DOT terminals). A firm may of Proposed Rule Change by the currently use its automated inbound Proposed Rule Change and Timing for Commission Action Chicago Board Options Exchange, Inc. volume that it routes to the BSE to Relating to Open Outcry Size qualify for reduced rates on outbound The foregoing proposed rule change Guarantees volume executed through its DOT has been designated as a fee change terminals and will continue to be able pursuant to Section 19(b)(3)(A)(ii) of the August 22, 2003. to do so. However, a firm that provides Act 9 and Rule 19b–4(f)(2) thereunder.10 Pursuant to section 19(b)(1) of the automated inbound volume to the BSE, Accordingly, the proposal will take Securities Exchange Act of 1934 will now be charged rates on its effect upon filing with the Commission. (‘‘Act’’)1 and Rule 19b–4 thereunder,2 outbound volume (up to the amount of At any time within 60 days of the filing notice is hereby given that on July 21, inbound volume routed to the BSE) of of the proposed rule change, the 2003, the Chicago Board Options $.025/100 shares. Rates on outbound Commission may summarily abrogate Exchange, Inc. (‘‘Exchange’’ or ‘‘CBOE’’) volume executed in excess of automated such rule change if it appears to the filed with the Securities and Exchange inbound volume routed to the BSE will Commission that such action is Commission (‘‘Commission’’) the continue to be charged at the rate of necessary or appropriate in the public proposed rule change as described in $.05/100 shares, as previously interest, for the protection of investors, Items I, II, and III below, which Items established. These fees are necessary to or otherwise in furtherance of the have been prepared by the Exchange. offset systems related expenses incurred purposes of the Act. The proposed rule change has been filed by the Exchange in providing facilities IV. Solicitation of Comments by CBOE under Rule 19b–4(f)(6) under for its member firms to provide layoff the Act.3 The Commission is publishing Interested persons are invited to this notice to solicit comments on the submit written data, views and 5 The BSE represented to the Commission that the proposed rule change from interested proposed BSE specialist Revenue Sharing Program arguments concerning the foregoing, persons. will not result in a market data revenue rebate that including whether the proposal is exceeds 50% of Tape A or B market data revenue. consistent with the Act. Persons making I. Self-Regulatory Organization’s See Securities Exchange Act Release No. 46159 written submissions should file six Statement of the Terms of Substance of (July 2, 2002), 67 FR 45775 (July 10, 2002)(File Nos. SR–NASD–2002–61, SR–NASD–2002–68, SR–CSE– copies thereof with the Secretary, the Proposed Rule Change 2002–06, and SR–PCX–2002–37)(Order of Summary Securities and Exchange Commission, CBOE proposes to amend its rules Abrogation). The BSE represented that the instant 450 Fifth Street NW., Washington, DC relating to open outcry size guarantees proposal simply clarifies the BSE’s existing 20549–0609. Copies of the submission, Revenue Sharing arrangement, which does not in those classes of options that trade on specifically indicate to whom market data revenue all subsequent amendments, all written the CBOE Hybrid System (‘‘Hybrid’’). rebates are to be awarded. The Commission has statements with respect to the proposed Below is the text of the proposed rule relied on the BSE’s representations in not rule change that are filed with the abrogating the proposed fee filing. Telephone change. Proposed new language is in Commission, and all written italics.4 conference between John Boese, Vice President communications relating to the Legal and Compliance, BSE, and Christopher B. * * * * * Stone, Special Counsel, Division of Market proposed rule change between the Regulation, Commission (August 22, 2003). Commission and any person, other than 11 17 CFR 200.30–3(a)(12). 6 DOT is the New York Stock Exchange’s those that may be withheld from the 1 (‘‘NYSE’’) Designated Order Turnaround System, an 15 U.S.C. 78s(b)(1). application that permits NYSE members to route 2 17 CFR 240.19b–4. 7 market orders and day limit orders on an automated 15 U.S.C. 78f(b). 3 17 CFR 240.19b–4(f)(6). basis directly to the appropriate specialist on the 8 15 U.S.C. 78f(b)(4). 4 The Commission notes that it added language to NYSE trading floor. See Securities Exchange Act 9 15 U.S.C. 78s(b)(3)(A)(ii). the rule text that was inadvertently omitted by Release No. 16649 (March 13, 1980), 45 FR 18541. 10 17 CFR 240.19b–4(f)(2). CBOE. Telephone call between Steve Youhn, Legal VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52255 Rule 8.7 Obligations of Market Exchange conducts business. Hybrid CBOE’s Quote Rule (CBOE Rule 8.51), Makers merges the electronic and open outcry which allows the responsible BD to (a)–(c) No change trading models and offers market provide separate quote sizes to public (d) No Change participants the ability to stream customers and broker-dealers.9 FBs (i) Market Maker Trades Less Than electronically their own quotes. representing a public customer order in 20% Contract Volume Electronically: Previously (and currently in non-Hybrid a Hybrid class will be able to request a No change classes), CBOE’s disseminated quote quote on behalf of such public customer (A)–(B) No change represented, for the most part, the from MMs in the crowd and will be (C) Continuous Open Outcry Quoting Designated Primary Market Maker’s guaranteed to receive a firm quote for at Obligation: In response to any request (‘‘DPM’’) autoquote price. Market least ten contracts. At the same time, a for quote by a floor broker or DPM makers (‘‘MMs’’) were able to affect FB representing a BD order in a Hybrid representing an order as agent, market changes to that quote in open outcry (or class will be able to request a quote on makers must provide a two-sided by putting up manual quotes). Hybrid behalf of a BD and will be guaranteed market complying with the quote width offers in-crowd MMs and in-crowd to receive a firm quote for at least one requirements contained in Rule DPMs the opportunity to submit their contract. Accordingly, allowing MMs to 8.7(b)(iv) for a minimum of ten contracts own firm disseminated market quotes provide 1-up open outcry markets to BD for non-broker-dealer orders and one that represent their own trading orders is consistent with their contract for broker-dealer orders. interest.6 In addition, Hybrid permits in- obligations under the CBOE Quote Rule (D) No change crowd floor brokers, who represent because the BD firm quote requirement, (ii) Market Maker Trades More Than orders on behalf of members, broker- which is one contract, is satisfied. 20% Contract Volume Electronically: dealers, public customers, and the firm’s 2. Statutory Basis No change proprietary account, to enter orders on (A)–(B) No change behalf of their customers for display in The Exchange believes that the (C) Continuous Open Outcry Quoting 7 proposed rule change is consistent with the CBOE’s best bid or offer (‘‘BBO’’). 10 Obligation: In response to any request Whereas, prior to Hybrid, there was section 6(b) of the Act in general, and for quote by a floor broker or DPM furthers the objectives of section 6(b)(5) only one autoquote price comprising the 11 representing an order as agent, market CBOE disseminated quote, Hybrid of the Act in particular, in that it is makers must provide a two-sided allows for the introduction of multiple designed to promote just and equitable market complying with the current quotes in the quoting equation. principles of trade, to prevent quote width requirements contained in CBOE Rules 8.7(d)(i)(C) and (d)(ii)(C), fraudulent and manipulative acts and Rule 8.7(b)(iv) for a minimum of ten which only apply to classes trading on practices, and, in general, to protect contracts for non-broker-dealer orders Hybrid, impose a 10-up size investors and the public interest. and one contract for broker-dealer requirement for MMs responding to a B. Self-Regulatory Organization’s orders. request for a market in open outcry by Statement on Burden on Competition * * * * * a floor broker (‘‘FB’’) representing an CBOE does not believe that the order as agent.8 CBOE represents that II. Self-Regulatory Organization’s proposed rule change will impose any the intent of CBOE Rules 8.7(d)(i)(C) Statement of the Purpose of, and burden on competition not necessary or and (d)(ii)(C) when adopted was to Statutory Basis for, the Proposed Rule appropriate in furtherance of the ensure that FBs representing public Change purposes of the Act. customer orders would receive a quote In its filing with the Commission, the of sufficient depth whenever they C. Self-Regulatory Organization’s Exchange included statements requested a market in open outcry. Statement on Comments on the concerning the purpose of and basis for CBOE believes that the plain language of Proposed Rule Change Received From the proposed rule change and discussed CBOE Rules 8.7(d)(i)(C) and d(ii)(C), Members, Participants, or Others any comments it received on the however, is overbroad and could be CBOE neither solicited nor received proposed rule change. The text of these interpreted to apply to broker-dealer written comments with respect to the statements may be examined at the (‘‘BD’’) orders represented by FBs. proposed rule change. places specified in Item IV below. The Accordingly, the Exchange proposes to Exchange has prepared summaries, set amend these two rule provisions to: (a) III. Date of Effectiveness of the forth in Sections A, B, and C below, of Limit the applicability of the 10-up size Proposed Rule Change and Timing for the most significant parts of such guarantee to public customer orders Commission Action statements. represented by FBs; and (b) provide that Because the foregoing proposed rule change (1) does not significantly affect A. Self-Regulatory Organization’s MMs must provide a one-up market to the protection of investors or the public Statement of the Purpose of, and BD orders represented by FBs. This interest; (2) does not impose any Statutory Basis for, the Proposed Rule proposed change only affects Hybrid significant burden on competition; and Change classes and, as such, has no applicability to non-Hybrid classes. (3) by its terms, does not become 1. Purpose CBOE represents that the proposed operative until 30 days from the date on In May 2003, the Commission changes do not affect the operation of which it was filed, or such shorter time approved trading rules for Hybrid,5 a as the Commission may designate if trading platform that alters the 6 Telephone conversation between Steve Youhn, consistent with the protection of Legal Division, CBOE, and Kelly M. Riley, Senior fundamental way in which the investors and the public interest, and Special Counsel, Division, on August 20, 2003. the Exchange provided the Commission 7 Id. Pursuant to CBOE Rule 6.75, floor brokers with written notice of its intent to file Division, CBOE, and Frank N. Genco, Attorney, generally may not execute any orders for which Division of Market Regulation (‘‘Division’’), they have been vested with the discretion to choose: Commission, on August 19, 2003. the class of options to buy/sell, the number of 9 The BD firm quote requirement on CBOE is one 5 See Exchange Act Release 47959 (May 30, 2003), contracts to buy/sell, or whether the transaction contract. See CBOE Rule 8.51. 68 FR 34441 (June 9, 2003) (approving File No. SR– would be one to buy or sell. 10 15 U.S.C. 78f(b). CBOE–2002–05). 8 CBOE Rule 8.7(d) only applies to Hybrid classes. 11 15 U.S.C. 78f(b)(5). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52256 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices the proposed rule change at least five available for inspection and copying in comments it received on the proposed business days prior to the date of filing the Commission’s Public Reference rule change. The text of these statements of the proposed rule change,12 it has Section. Copies of such filing will also may be examined at the places specified become effective pursuant to Section be available for inspection and copying in Item IV below. GSCC has prepared 19(b)(3)(A) of the Act 13 and Rule 19b- at the principal office of CBOE. All summaries, set forth in sections (A), (B), 4(f)(6) thereunder.14 submissions should refer to File No. and (C) below, of the most significant CBOE has requested that the SR–CBOE–2003–28 and should be aspects of these statements.2 submitted by September 23, 2003. Commission waive the usual 30-day (A) Self-Regulatory Organization’s pre-operative waiting period. The For the Commission, by the Division of Statement of the Purpose of, and Commission notes that this proposal is Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule 17 substantially similar to existing Pacific authority. Change Exchange, Inc. (‘‘PCX’’) Rule 6.37(b)(5) Margaret H. McFarland, and Interpretation .05 to PCX Rule 6.37 Deputy Secretary. Since 1998, GSCC has had the approved by the Commission.15 As a authority to impose fines in order to [FR Doc. 03–22230 Filed 8–29–03; 8:45 am] promote greater compliance with its result, the Commission believes that it BILLING CODE 8010–01–P is consistent with the protection of funds settlement debit and clearing fund 3 investors and the public interest to deposit deficiency call deadlines. accelerate the operative date because the SECURITIES AND EXCHANGE GSCC Rule 37 contains procedures proposal raises no new regulatory COMMISSION whereby a member can dispute any fine issues. Therefore, the Commission assessment through a formal hearing [Release No. 34–48411; File No. SR–GSCC– process. Rule 37 also permits GSCC to designates that the proposal become 2002–04] operative immediately.16 establish procedures for a hearing not otherwise provided for in the rules.4 At any time within 60 days of the Self-Regulatory Organizations; filing of this proposed rule change, the With this proposed rule filing, GSCC Government Securities Clearing seeks authority to specifically Commission may summarily abrogate Corporation; Notice of Filing of such rule change if it appears to the incorporate into its rules informal Proposed Rule Change To Institute hearing procedures with respect to Commission that such action is Informal Hearing Procedures for Fine necessary or appropriate in the public disputed fines. Disputes Pursuant to GSCC’s new procedures, interest, for the protection of investors, when a formal hearing is requested to or otherwise in furtherance of the August 26, 2003. dispute a fine, an informal hearing will purposes of the Act. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 automatically take place prior to a IV. Solicitation of Comments (‘‘Act’’),1 notice is hereby given that on formal hearing occurring. Thus, if a member disputes a fine and asks for a Interested persons are invited to June 28, 2002, the Government formal hearing in the manner already submit written data, views, and Securities Clearing Corporation specified in the rules, GSCC’s arguments concerning the foregoing, (‘‘GSCC’’) filed with the Securities and management will automatically conduct including whether the proposed rule Exchange Commission (‘‘Commission’’) a review of the disputed fine. Based on change is consistent with the Act. and on August 19, 2003, amended the the documentation already required in Persons making written submissions proposed rule change described in Items the rules and/or a meeting arranged should file six copies thereof with the I, II, and III below, which items have with the member, management may Secretary, Securities and Exchange been prepared primarily by GSCC. The Commission is publishing this notice to determine to waive the fine. If Commission, 450 Fifth Street, NW., management determines to waive the Washington, DC 20549–0609. Copies of solicit comments on the proposed rule change from interested parties. fine, it must inform the Membership the submission, all subsequent and Risk Management Committee of the amendments, all written statements I. Self-Regulatory Organization’s waiver and management’s reasons for with respect to the proposed rule Statement of the Terms of Substance of granting the waiver. The Committee has change that are filed with the the Proposed Rule Change the ability to accept or reject Commission, and all written GSCC’s current rules provide management’s determination. If the communications relating to the Committee accepts management’s proposed rule change between the procedures whereby a member can dispute any fine through a formal determination, the fine will be waived. Commission and any person, other than However, if the Committee chooses not those that may be withheld from the hearing process. GSCC’s rules also permit GSCC to establish procedures for to accept management’s determination public in accordance with the or if management initially determined provisions of 5 U.S.C. 552, will be a hearing not otherwise provided for in its rules. The proposed rule change not to waive the fine after conducting its review, the member has the right to the 12 On July 3, 2003, CBOE provided the would allow GSCC to institute informal Commission with written notice of its intent to file hearing procedures for disputed fines. formal hearing already provided for in the proposed rule change. See letter from Steve Rule 37. Youhn, Legal Division, CBOE, to Nancy Sanow, II. Self-Regulatory Organization’s GSCC also seeks to change its rules to Assistant Director, Division, Commission, dated Statement of the Purpose of, and reflect that if a fine is assessed, the July 2, 2003. Statutory Basis for, the Proposed Rule member must pay the fine within 30 13 15 U.S.C. 78s(b)(3)(A). Change 14 17 CFR 240.19b-4(f)(6). calendar days after it receives the fine 15 See Securities Exchange Act Release No. 47211 In its filing with the Commission, (January 17, 2003), 68 FR 3924 (January 27, 2003) GSCC included statements concerning 2 The Commission has modified the text of the (approving File No. SR–PCX–2002–55). the purpose of and basis for the summaries prepared by OCC. 3 16 For purposes only of accelerating the operative proposed rule change and discussed any Securities Exchange Act Release No. 39746 date of this proposal, the Commission has (March 12, 1998), 63 FR 13439 (March 19, 1998) considered the proposed rule’s impact on [File No. SR–GSCC–97–04]. efficiency, competition, and capital formation. 15 17 17 CFR 200.30–3(a)(12). 4 Government Securities Clearing Corporation U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). Rule 37, Section 7. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52257 imposition letter unless the member has should file six copies thereof with the of 1934 (‘‘Act’’)1 and Rule 19b–4 requested a hearing to dispute the fine. Secretary, Securities and Exchange thereunder,2 a proposed rule change to Currently, GSCC’s rules require that Commission, 450 Fifth Street, NW., enable the ISE to trade index options on fines be paid within 90 days. If a Washington, DC 20549–0609. the Exchange. The ISE filed Amendment hearing has been requested, the fine is Comments may also be submitted No. 1 to the proposed rule change on waived until the dispute is resolved. electronically at the following e-mail April 17, 2003.3 The proposed rule GSCC believes that the proposed rule address: [email protected]. All change, as amended, was published for change is consistent with the comment letters should refer to File No. comment in the Federal Register on requirements of section 17A of the Act 5 SR–GSCC–2002–04. This file number May 2, 2003.4 The Commission received and the rules and regulations should be included on the subject line no comments on the proposal. This thereunder applicable to GSCC because if e-mail is used. To help us process and order approves the proposed rule it will promote the prompt and accurate review comments more efficiently, change, as amended. clearance and settlement of securities comments should be sent in hardcopy transactions by clearly setting forth in or by e-mail but not by both methods. II. Description of the Proposal GSCC’s rules its procedures for Copies of the submission, all subsequent A. Introduction conducting a review with respect to amendments, all written statements disputed fines, which procedures afford with respect to the proposed rule The ISE proposes to establish trading members a fair and less burdensome change that are filed with the rules to enable Members to trade index method for resolving fine disputes than Commission, and all written options on the Exchange. In addition, is currently set forth in the rules. communications relating to the the ISE proposes to establish generic proposed rule change between the listing standards and maintenance (B) Self-Regulatory Organization’s Commission and any person, other than standards for ‘‘narrow-based’’ index Statement on Burden on Competition those that may be withheld from the options pursuant to Rule 19b–4(e) under GSCC does not believe that the public in accordance with the the Act.5 The ISE represents that all of proposed rule change will have any provisions of 5 U.S.C. 552, will be the proposed new Exchange Rules and impact, or impose any burden, on available for inspection and copying in changes to existing Exchange Rules are competition. the Commission’s Public Reference based on the existing rules of the other Section, 450 Fifth Street, NW., 6 (C) Self-Regulatory Organization’s four options exchanges. Many of the Washington, DC 20549. Copies of such new trading rules and generic listing Statement on Comments on the filing also will be available for Proposed Rule Change Received From standards will comprise the new inspection and copying at the principal Chapter 20 in the ISE Rules. Members, Participants or Others office of GSCC. Written comments relating to the All submissions should refer to File B. Index Options Trading Rules proposed rule change have not yet been No. SR–GSCC–2002–04 and should be solicited or received. Members will be submitted by September 23, 2003. The proposed rules, among other things, establish general rules that will notified of the rule change filing, and For the Commission by the Division of comments will be solicited by an govern the trading sessions for index Market Regulation, pursuant to delegated options, including the days and hours of Important Notice. GSCC will notify the authority.6 business, the rules governing trading Commission of any written comments Margaret H. McFarland, received by GSCC. rotations at the opening, and the rules Deputy Secretary. related to the trading halts or III. Date of Effectiveness of the [FR Doc. 03–22232 Filed 8–29–03; 8:45 am] suspensions.7 The proposed rules Proposed Rule Change and Timing for BILLING CODE 8010–01–P further provide for the procedures Commission Action Members must follow with respect to the exercise of American-style, cash Within thirty-five days of the date of SECURITIES AND EXCHANGE settled index options.8 The proposed publication of this notice in the Federal COMMISSION Register or within such longer period (i) rules also provide for position limit and as the Commission may designate up to [Release No. 34–48405; File No. SR–ISE– ninety days of such date if it finds such 2003–05] 1 15 U.S.C. 78s(b)(1). longer period to be appropriate and 2 17 CFR 240.19b–4. Self-Regulatory Organizations; Order 3 See letter from Katherine Simmons, Vice publishes its reasons for so finding or Approving Proposed Rule Change and President and Associate General Counsel, ISE to (ii) as to which the self-regulatory Amendment No. 1 by the International Florence Harmon, Senior Special Counsel, Division organization consents, the Commission Securities Exchange, Inc. Relating to of Market Regulation, Commission, dated April 16, 2003. In Amendment No. 1, the ISE submitted a will: the Establishment of Trading Rules for (A) by order approve such proposed new Form 19b-4, which replaced the original filing Index Options and Generic Listing and in its entirety. rule change or Maintenance Standards for Narrow- 4 See Securities Exchange Act Release No. 47749 (B) institute proceedings to determine Based Index Options (April 25, 2003), 68 FR 13348. whether the proposed rule change 5 17 CFR 240.19b–4(e). The term ‘‘narrow-based should be disapproved. August 25, 2003. index’’ is defined as an index designed to be representative of a particular industry or a group of IV. Solicitation of Comments I. Introduction related industries. See Proposed ISE Rule 2001(i). Narrow-based indices listed and traded on the ISE Interested persons are invited to On February 24, 2003, the pursuant to generic listing and maintenance submit written data, views, and International Securities Exchange, Inc. standards, among other characteristics, must consist arguments concerning the foregoing, (‘‘ISE’’ or ‘‘Exchange’’) submitted to the of ten or more component securities. See Proposed including whether the proposed rule Securities and Exchange Commission ISE Rule 2002(b)(2). 6 See, e.g., CBOE Rules 4.11, 4.16, 6.2, 6.7, 8.7, change is consistent with the Act. (‘‘Commission’’), pursuant to section 11.1, 15.10, and 24.1 through 24.20, PCX Rules 7.11 Persons making written submissions 19(b)(1) of the Securities Exchange Act and 13.2, Amex Rule 905C, and Phlx Rule 1033A. 7 See Proposed ISE Rule 2008. 5 15 U.S.C. 78q–1. 6 17 CFR 200.30–3(a)(12). 8 See Proposed ISE Rule 418(a)(3) and 1100(h). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52258 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices exercise limits for index options.9 In exchange subsequently filed proposed balance between the Commission’s addition, the proposed rules provide for rule changes with the Commission to mandates under section 6(b)(5) of the exemption standards from position eliminate the Section 19(b)(3)(A) rule Act 21 to remove impediments to and limits and procedures for requesting filing requirement from their existing perfect the mechanisms of a free and exemptions from those proposed SRO rules, after the Commission open market and a national market rules.10 The proposed position limits indicated that products meeting the system while protecting investors and and exercise limits, as well as the listing criteria approved by the the public interest. proposed exemptions, are different for Commission in its 1994 Generic A. Index Options Trading Rules broad-based index options and narrow- Narrow-Based Index Options Approval based index options.11 The proposed Order qualified for filing pursuant to The Commission believes that trading rules establish standards for when a Rule 19b–4(e) under the Act.16 options on an index of securities member seeking to sell short a Nasdaq Notwithstanding the generic listing (including a narrow-based index) NMS security included in an index standards for options on narrow-based permits investors to participate in the underlying an index option listed and indexes, the Exchange will need to file price movements of the index’s traded on the Exchange is exempt from additional proposed rule changes with underlying securities and allows the NASD short sale rule.12 the Commission when the Exchange investors holding positions in some or identifies specific products because the all of such securities to hedge the risks C. Generic Listing Standards and rules related to trading options on associated with their portfolios. The Maintenance Standards for Narrow- indices are product specific in many Commission further believes that Based Index Options areas. For purposes of this proposed trading options on an index provides The ISE further proposes to establish rule change, certain rules indicate that investors with an important trading and generic listing and maintenance they apply to ‘‘specified’’ indices. ISE hedging mechanism that is designed to standards in Proposed ISE Rule 2002 to Rules 2001(l), 2004(a), 2006(a), 2007(a), reflect accurately the overall movement enable the Exchange to list and trade 2009, and 2011 all contain provisions of the component stocks. In making this new narrow-based index options that are dependant upon the Exchange finding the Commission notes that all of pursuant to Rule 19b–4(e) under the identifying specific index products in the proposed new Exchange Rules and Act.13 Proposed ISE Rule 2002 the rule. Accordingly, proposed ISE changes to existing Exchange Rules are addresses both initial listing and Rule 2000 states that where the rules in based on the existing rules of the other maintenance standards for narrow-based Chapter 20 indicate that particular four options exchanges.22 index options.14 The generic listing and indices or requirements with respect to B. Generic Listing and Maintenance maintenance standards are modeled particular indices will be ‘‘Specified,’’ Standards for Narrow-Based Index after standards that the Commission the ISE shall file a proposed rule change Options originally approved for streamlined with the Commission pursuant to listing and trading pursuant to Section section 19(b)(1) of the Act 17 and Rule In approving the generic listing and 19(b)(3)(A) of the Act.15 The options 19b–4 thereunder 18 to specify such maintenance standards for narrow-based indices or requirements. index options, the Commission 9 See Proposed ISE Rules 2004, 2005, and 2007. considered the structure of these 10 See Proposed ISE Rule 2006. III. Commission Findings and Order securities, their usefulness to investors 11 See Proposed ISE Rules 2004 to 2007. Granting Approval of the Proposed and to the markets and the ISE rules that 12 See Proposed ISE Rule 1407(d)(1)(ii). Rule Change govern their trading. The proposal to 13 17 CFR 240.19b–4(e). Rule 19b–4(e) provides After careful review, the Commission establish generic standards for narrow- that the listing and trading of a new derivative securities product by a self-regulatory organization finds that the proposed rule change, as based index options should reduce the (‘‘SRO’’) shall not be deemed a proposed rule amended, is consistent with the ISE’s regulatory burden, as well as change, pursuant to paragraph (c)(1) of Rule 19b– requirements of section 6(b)(5) of the benefit the public interest, by enabling 4, if the Commission has approved, pursuant to Act 19 and the rules and regulations the ISE to bring qualifying products to Section 19(b) of the Act, the SRO’s trading rules, procedures, and listing standards for the product thereunder applicable to a national the market more quickly. Furthermore, class that includes the new derivative securities securities exchange.20 The Commission the Commission notes that it has product and the SRO has a surveillance program for believes that the ISE’s proposal to previously approved similar proposals the product class. When relying on Rule 19b–4(e), establish trading rules and procedures by the Amex, CBOE, NYSE, PSE, and the SRO must submit Form 19b–4(e) to the the Phlx to establish generic listing and Commission within five business days after the applicable to index options and exchange begins trading the new derivative establish generic listing and maintenance standards for narrow-based securities products. See Securities Exchange Act maintenance standards for narrow-based index options.23 Release No. 40761 (December 8, 1998), 63 FR 70952 index options strikes a reasonable The Commission finds that adopting (December 22, 1998) (File No. S7–13–98). generic listing and maintenance 14 The proposed generic listing standards standards for these securities and approved herein do not apply to the listing of requirement of obtaining specific Commission options on broad-based indices. approval of such narrow-based index options applying Rule 19b–4(e) should fulfill pursuant to Section 19(b)(2) of the Act. See 15 In 1994, the Commission approved a proposed the intended objective of that rule by Securities Exchange Act Release No. 34157 (June 3, rule change submitted by the American Stock 1994), 59 FR 30622 (June 10, 1994) (SR–Amex–92– allowing those index option products Exchange, Inc. (‘‘Amex’’), the Chicago Board 35) (SR–CBOE–93–59) (SR–NYSE–94–17) (SR–PSE– that satisfy the generic standards to start Options Exchange, Inc. (‘‘CBOE’’), the New York 94–07) and (SR–Phlx–94–10) (the ‘‘1994 Generic trading, without the need for notice and Stock Exchange, Inc. (‘‘NYSE’’), the Pacific Stock Narrow-Based Index Options Approval Order’’). Exchange, Inc. (‘‘PSE’’), and the Philadelphia Stock comment and Commission approval. 16 See Securities Exchange Act Release No. 40761 Exchange, Inc. (‘‘Phlx’’) (collectively the ‘‘options The Exchange’s ability to rely on Rule (December 8, 1998), 63 FR 70952 (December 22, exchanges’’), which permitted the options 1998) (File No. S7–13–98). 19b–4(e) for these products potentially exchanges to list and trade options on narrow-based 17 reduces the time frame for listing and indexes thirty days after submitting a filing See note 1 supra. pursuant to Section 19(b)(3)(A) of the Act. The 18 See note 2 supra. Commission found that such filings would 19 15 U.S.C. 78f(b)(5). 21 See note 19 supra. constitute a stated policy, practice, or interpretation 20 In approving this proposal, the Commission has 22 See, e.g., CBOE Rules 4.11, 4.16, 6.2, 6.7, 8.7, with respect to the administration of an existing considered the proposed rule’s impact on 11.1, 15.10, and 24.1 through 24.20, PCX Rules 7.11 Exchange rule, pursuant to Section 19(b)(3)(A) of efficiency, competition, and capital formation. 15 and 13.2, Amex Rule 905C, and Phlx Rule 1033A. the Act, relieving the Exchange of the former U.S.C. 78c(f). 23 See note 15 supra. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52259 trading these securities, and thus securities,’’ as defined in Rule 11Aa3– product.27 Accordingly, the enhances investors’ opportunities. The 1 under the Act,24 and that the index Commission finds that the requirement Exchange, however, must maintain value be disseminated at least once that no more than 20 percent of the regulatory oversight over any products every 15 seconds during trading hours weight of the index may be comprised listed under the generic listing of the index, will contribute of ADRs that are not subject to a standards through adequate significantly to the transparency of the comprehensive surveillance sharing surveillance. ISE represents that its market for such index options. The agreement between the particular U.S. surveillance procedures are sufficient to Commission further believes that basing exchange and the primary market of the detect fraudulent trading among the settlement value of expiring index underlying security will continue to members in the trading of narrow-based options upon the opening prices of the ensure that the Exchanges have the index options pursuant to the generic component securities on the primary ability to adequately surveil trading in listing and maintenance standards. The market on which they are listed and the narrow-based index options and the Commission believes that these traded may help contain the volatility of ADR components of the index. surveillance procedures are adequate to related markets upon their expiration. address concerns associated with listing The Commission further notes that IV. Conclusion and trading of the narrow-based index ISE’s rules that are applicable to narrow- options. based index options, including It is therefore ordered, pursuant to The Commission believes that the provisions addressing sales practices, section 19(b)(2) of the Act,28 that the listing and maintenance standards set floor trading procedures, position and proposed rule change, as amended, (File forth herein are consistent with the exercise limits, margin requirements, No. SR–ISE–2003–05) be, and it hereby listing and maintenance standards for and trading halts and suspensions, will is approved. narrow-based index options that the continue to apply to any narrow-based For the Commission, by the Division of Amex, CBOE, PCX and the Phlx have index listed pursuant Rule 19b–4(e) Market Regulation, pursuant to delegated developed and are reasonably designed under the Act. authority.29 to ensure the protection of investors and The Commission believes that a Margaret H. McFarland, the public interest. Specifically, the surveillance sharing agreement between Commission finds that the generic an Exchange proposing to list a stock Deputy Secretary. standards covering minimum index derivative product and the [FR Doc. 03–22236 Filed 8–29–03; 8:45 am] capitalization, monthly trading volume, exchange(s) trading the stocks BILLING CODE 8010–01–P and relative weightings of component underlying the derivative product is an stocks are designed to ensure that the important measure for surveillance of trading markets for component stocks the derivative and underlying securities SECURITIES AND EXCHANGE are adequately capitalized and markets. The Commission believes that COMMISSION sufficiently liquid, and that no one stock such agreements ensure the availability or stock group dominates the index. of information necessary to detect and [Release No. 34–48407; File No. SR–NASD– Thus, the Commission believes that the deter potential manipulations and other 00–08] satisfaction of these requirements trading abuses, thereby making the stock significantly minimizes the potential for index product less readily susceptible to Self-Regulatory Organizations; Order manipulation of the index. manipulation. When a new derivative Approving Proposed Rule Change and Two other important requirements securities product based upon domestic Notice of Filing and Order Granting included in the proposal are that at least securities is listed and traded on an Accelerated Approval of Amendment 90 percent of the component securities, exchange pursuant to Rule 19b–4(e) Nos. 1 and 2 by the National by weight, and 80 percent of the total under the Act, the exchange should Association of Securities Dealers, Inc. number of component securities, must determine that the markets upon which Relating to Margin Requirements be eligible individually for options all of the U.S. component securities trading, and that no more than 20 trade are members of the Intermarket August 25, 2003. percent of the weight of the index may 25 Surveillance Group (‘‘ISG’’), which I. Introduction be comprised of ADRs that are not provides information relevant to the subject to a comprehensive surveillance surveillance of the trading of securities On March 3, 2000, the National sharing agreement. The Commission on other market centers.26 In this regard, Association of Securities Dealers, Inc. believes that these standards are all of the registered national securities (‘‘NASD’’) filed with the Securities and necessary to ensure that index options exchanges, including the ISE, as well as Exchange Commission (‘‘SEC’’ or are not used as surrogate instruments to the National Association of Securities ‘‘Commission’’), pursuant to section trade options on stocks and/or ADRs Dealers, Inc. (‘‘NASD’’), are members of 19(b)(1) of the Securities Exchange Act that otherwise are not eligible for the ISG. of 1934 (‘‘Exchange Act’’) 1 and Rule options trading. For new derivative securities products 19b–4 thereunder,2 a proposal to amend The Commission also believes that the based on securities from a foreign NASD Rule 2520, ‘‘Margin number of securities required to market, the SRO should have a Requirements.’’ The NASD’s proposal constitute the narrow-based index is comprehensive Intermarket Surveillance was published for comment in the large enough to ensure that an index is Agreement with the market for the Federal Register on May 26, 2000.3 The not created for the purpose of obtaining securities underlying the new securities Commission received one comment more favorable regulatory treatment, e.g., with respect to position and 24 17 CFR 240.11Aa3–1. 27 Id. 25 ISG was formed on July 14, 1983, to, among exercise limits, as compared with the 28 trading of options in the underlying other things, coordinate more effectively 15 U.S.C. 78s(b)(2). 29 17 CFR 200.30–3(a)(12). stocks. surveillance and investigative information sharing arrangements in the stock and options markets. 1 15 U.S.C. 78s(b)(1). The Commission also finds the 26 See Securities Exchange Act Release No. 40761 2 17 CFR 240.19b–4. requirements that all securities (December 8, 1998), 63 FR 70952 (December 22, 3 See Securities Exchange Act Release No. 42801 comprising the index be ‘‘reported 1998) (File No. S7–13–98). (May 19, 2000), 65 FR 34240 (‘‘2000 Release’’). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52260 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices letter regarding the proposal,4 and the from 20% of current market value to 1% respectively.20 Although a broker-dealer NASD responded to the comment.5 to 6% of current market value, is not required to collect this margin, it The NASD filed Amendment Nos. 1 depending on the time to maturity; (2) must take a capital charge for any and 2 to the proposal on June 2, 2000, reduces the customer maintenance uncollected margin and for any and July 30, 2003, respectively. This margin requirement for exempted uncollected marked to the market order approves the proposed rule securities other than U.S. government losses.21 change, as amended. In addition, the obligations from 15% of current market 2. Limitation on Capital Charges Commission is publishing notice to value to 7% of current market value; (3) solicit comments and is simultaneously reduces the customer maintenance The proposal limits the amount of approving, on an accelerated basis, margin requirement for investment capital charges a broker-dealer may take Amendment Nos. 1 and 2. grade non-equity securities 12 from 20% in lieu of collecting marked to the of current market value to 10% of market losses.22 Specifically, a broker- II. Description of the Proposal current market value; and (4) establishes dealer may not enter into transactions A. Background a customer maintenance margin with exempt accounts that would increase the broker-dealer’s capital 6 requirement of 20% of current market Section 7 of the Exchange Act charges if the broker-dealer’s capital authorizes the Board of Governors of the value for all other marginable non- equity securities.13 charges exceed: (1) 5 % of the broker- Federal Reserve System (‘‘Federal dealer’s tentative net capital 23 on any Reserve Board’’) to establish C. Good Faith Margin Treatment for one account or group of commonly requirements for the purchase or Certain Non-Equity Securities Held in controlled accounts; or (2) 25% of the carrying of securities on margin. Exempt Accounts broker-dealer’s tentative net capital on Pursuant to this authority, the Federal 1. Good Faith Margin Treatment all accounts combined, unless the Reserve Board promulgated Regulation excess no longer exists on the fifth T,7 which sets minimum initial margin The proposal will permit broker- business day after it was incurred. The requirements. Regulation T provides dealers to effect transactions in ‘‘exempt broker-dealer also must notify the NASD that transactions in non-equity accounts’’ without being required to that it has reached the 5% or 25% securities are subject to either ‘‘good collect either margin or marked to the threshold. faith’’ margin requirements 8 or the level market losses 14 on exempted securities, set by the rules of a self-regulatory mortgage-related securities,15 or major D. Amendment No. 1 organization (‘‘SRO’’), whichever is foreign sovereign debt securities.16 Under the proposal, a broker-dealer higher.9 Accordingly, the maintenance However, a broker-dealer must take a must maintain a written risk analysis margin requirements established by the capital charge for any uncollected methodology for managing the credit NASD or another SRO set the minimum marked to the market losses on exempt risk associated with extending good margin levels for non-equity account positions in these securities.17 faith margin on securities transactions securities.10 For transactions in exempt accounts in ‘‘exempt accounts.’’ 24 Amendment As described more fully below, the involving highly rated foreign sovereign No. 1 provides a draft Notice to proposal amends NASD Rule 2520 to: debt 18 and investment grade debt,19 the Members (‘‘NTM’’) that addresses the (1) lower the customer maintenance proposal establishes margin written risk analysis methodology that margin requirements for certain non- requirements of 0.5% and 3%, members must establish and maintain. equity securities; and (2) permit good Specifically, the NTM states that a faith margin treatment for certain non- or guaranteed by the government of a foreign member’s written risk analysis equity securities held in ‘‘exempt country, its provinces, states or cities, or a methodology should include the supranational entity that are assigned a rating in accounts,’’ as defined in the proposal. one of the two top rating categories by at least one following: • Procedures for obtaining and B. Reduced Customer Maintenance nationally recognized statistical rating organization. See NASD Rule 2520(a)(9). reviewing the appropriate customer Margin for Non-Equity Securities Not 12 The proposal defines ‘‘investment grade debt’’ account documentation and the Held in Exempt Accounts as any debt securities assigned a rating in one of the top four rating categories by at least one customer financial information With respect to non-equity securities nationally recognized statistical rating organization. necessary to determine exempt account that are not held in exempt accounts, See NASD Rule 2520(a)(10). status for the extension of credit under the proposal: (1) Reduces the customer 13 The proposal defines ‘‘other marginable non- the Rule; maintenance margin requirement for equity securities’’ to include debt securities not • Procedures and guidelines for the 11 traded on a national securities exchange that meet highly rated foreign sovereign debt certain requirements and private pass-through determination, review and approval of securities not guaranteed by a U.S. government credit limits to customers and across all 4 See letter from Wendy Fried, Vice President and agency that meet certain requirements. See NASD customers who qualify as exempt Associate General Counsel, The Bond Market Rule 2520(a)(16). accounts under the Rule; Association (‘‘TBMA’’), to Jonathan Katz, Secretary, 14 Marked to the market losses are unrealized • Procedures and guidelines for Commission, dated June 30, 2000 (‘‘TBMA Letter’’). losses on a position in securities resulting from a 5 See letter from Patrice M. Gliniecki, Vice decline in the position’s market value. monitoring credit risk exposure to the President and Deputy General Counsel, NASD, to 15 The proposal defines ‘‘mortgage related organization relating to exempt account Katherine A. England, Assistant Director, Division securities’’ to mean securities that fall within the customers; of Market Regulation, Commission, dated July 27, definition in Section 3(a)(41) of the Exchange Act. • Procedures and guidelines for the 2000 (‘‘NASD Letter’’). The TBMA Letter, and the See NASD Rule 2520(a)(12). use of stress testing of exempt accounts NASD’s response, are discussed below. 16 The proposal defines ‘‘major foreign sovereign 6 in order to monitor market risk exposure 12 U.S.C. 78(g). debt securities’’ as debt securities issued or 7 12 CFR 220 et seq. guaranteed by the government of a foreign country 8 Regulation T defines ‘‘good faith’’ margin as the or supranational entity that are assigned a rating in 20 See NASD Rule 2520(e)(2)(G). amount of margin that a broker-dealer would the top rating category by at least one nationally 21 See NASD Rule 2520(e)(2)(G). require in exercising sound credit judgment. recognized statistical rating organization. See NASD 22 See NASD Rule 2520(e)(2)(H). 9 12 CFR 220.12(b). Rule 2520(a)(11). 23 Generally, tentative net capital is a broker- 10 See NASD Rule 2520(c). 17 See NASD Rule 2520(e)(2)(F). dealer’s net worth after deducting most illiquid 11 The proposal defines ‘‘highly rated foreign 18 See note 11, supra. assets but before making haircut deductions. sovereign debt securities’’ as debt securities issued 19 See note 12, supra. 24 See NASD Rule 2520(e)(2)(H)(i). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52261 from exempt accounts individually and inclusive, of Rule 15c2–11 under the commenter requested clarification that: in the aggregate; and Act, or (1) the NYSE’s proposed definition of • Procedures providing for the regular d. furnishes information to the ‘‘exempt account’’ would not supersede review and testing of these risk Securities and Exchange Commission as the existing definition of ‘‘exempt management procedures by an required by Rule 12g3–2(b) of the Act, or account’’ in NYSE Rule 431(f)(2)(D)(iv); independent unit such as internal audit, e. makes available to the member and (2) existing extensions of credit to risk management, or other comparable such current information regarding such accounts that met the current group. person’s ownership, business, requirements for exempt account status, operations and financial condition but that would not meet the proposal’s E. Amendment No. 2 (including such person’s current higher financial threshold for exempt Amendment No. 2 revises the audited statement of financial accounts, would be ‘‘grandfathered’’ and proposal by modifying the definition of condition, statement of income and maintained based on exempt account ‘‘exempt account’’ in proposed NASD statement of changes in stockholder’s status even after the increased financial Rule 2520(a)(13). The proposed changes equity or comparable financial reports), threshold became effective. In this to proposed NASD Rule 2520(a)(13), as as reasonably believed by the member to regard, the NASD confirmed that the published in the 2000 Release,25 appear be accurate, sufficient for the purposes proposal’s definition of ‘‘exempt below. Proposed additions are in italics; of performing a risk analysis in respect account’’ does not replace the current proposed deletions are in [brackets]. of such person. definition of ‘‘exempt account’’ contained in NASD Rule 2520. Margin Requirements III. Summary of Comments 2520(f)(2)(D)(iv). With respect to an (a) Definitions The Commission received one extension of credit to an account that For purposes of this paragraph, the comment letter regarding the currently qualifies as exempt but that following terms shall have the meanings proposal.26 The commenter generally would not qualify as an exempt account specified below: supported the proposal, which is under the proposal, the NASD indicates (1) through (12). No change. substantially identical to a proposal by that an account’s exempt status will be (13) The term ‘‘exempt account’’ the New York Stock Exchange, Inc. determined as of the date of the initial means: [a member, non-member broker/ (‘‘NYSE’’) that the Commission extension of credit. Accordingly, dealer registered as a broker or dealer approved.27 However, the commenter accounts that meet the current under the Act, ‘‘designated account,’’ or maintained that the written risk analysis requirements for exempt account status any person having net worth of at least methodology included in the NASD’s would be ‘‘grandfathered’’ on their forty-five million dollars and financial proposal was not required under the existing credit transactions, and the assets of at least forty million dollars.] NYSE’s proposal and was unnecessary proposal’s requirements for exempt (A) a member, non-member broker/ because NASD members already are account status would apply to any new dealer registered as a broker or dealer subject to sophisticated external and credit transactions or ‘‘roll-overs’’ of under the Act, a ‘‘designated account,’’ internal oversight of credit practices. existing credit extensions. or The NASD responded by noting that the IV. Discussion written risk analysis methodology was (B) any person that: Section 15A(g)(3)(A) of the Exchange in fact proposed to be required by the (i) has a net worth of at least forty-five Act 30 provides, among other things, that NYSE.28 million dollars and financial assets of at a national securities association may least forty million dollars for purposes In addition, the commenter referenced condition membership privileges on of subparagraphs (e)(2)(F) and (e)(2)(G), its comment letter regarding the NYSE’s 29 compliance with the association’s own and similar proposal. Specifically, the financial responsibility rules. Pursuant (ii) either: to this authority, the NASD is 26 See TBMA Letter, supra note 4. a. has securities registered pursuant authorized to promulgate rules to Section 12 of the Act, has been 27 See Securities Exchange Act Release No. 48365 (August 19, 2003) (order approving File No. SR– governing the financial responsibility subject to the reporting requirements of NYSE–98–14) (‘‘NYSE Order’’). See also Securities requirements of its members. In Section 13 of the Act for a period of at Exchange Act Release Nos. 40278 (July 29, 1998), addition, the Commission finds that the least 90 days and has filed all the 63 FR 41822 (August 5, 1998) (notice of File No. proposed rule change is consistent with reports required to be filed thereunder SR–NYSE–98–14); and 48133 (July 7, 2003), 68 FR 41672 (July 14, 2003) (notice of Amendment Nos. the Exchange Act and the rules and during the preceding 12 months (or such 1, 2, and 3 to File No. SR–NYSE–98–14) (‘‘2003 regulations thereunder applicable to a shorter period as it was required to file Release’’). national securities association.31 In such reports), or 28 See NASD Letter, supra note 5. The NYSE particular, as described above, for b. has securities registered pursuant proposed the requirement that members maintain a written risk analysis methodology in Amendment positions not maintained in exempt to the Securities Act of 1933, has been No. 1 to its proposal, which was filed on January accounts, the proposal reduces the subject to the reporting requirements of 5, 1999, and published for comment on July 14, customer maintenance margin Section 15(d) of the Act for a period of 2003. The NYSE subsequently filed an Information requirement for certain non-equity at least 90 days and has filed all the Memo providing guidelines for a member’s written securities and establishes a customer risk analysis methodology. Amendment No. 1 to the reports required to be filed thereunder NASD’s proposal, set forth in Section II.D., supra, maintenance margin requirement of during the preceding 12 months (or such contains an NTM with written risk analysis 20% of current market value for other shorter period as it was required to file methodology guidelines identical to the guidelines marginable non-equity securities. The such reports), or established in the NYSE’s Information Memo. Commission believes that these c. if such person is not subject to 29 See letter from Paul Saltzman, Senior Vice President and General Counsel, TBMA, and Patricia Section 13 or 15(d) of the Act, it is a Brigantic, Vice President and Senior Associate the NYSE sufficiently addressed the questions person with respect to which there is General Counsel, TBMA, to Jonathan Katz, raised in the TBMA 1998 Letter. publicly available the information Secretary, Commission, dated August 26, 1998 30 15 U.S.C. 78o–3(g)(3)(A). specified in paragraphs (a)(5)(i) to (xiv), (‘‘TBMA 1998 Letter’’). The TBMA 1998 Letter, and 31 In approving the proposed rule change, the the NYSE’s response, are discussed in the 2003 Commission has considered the proposal’s impact Release, supra note 27. As noted in the NYSE on efficiency, competition, and capital formation. 25 See note 3, supra. Order, supra note 27, the Commission believes that 15 U.S.C. 78c(f). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52262 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices requirements are consistent with the NASD members must develop and SECURITIES AND EXCHANGE risks of those securities. maintain, and by requiring a person COMMISSION The proposal also permits the seeking exempt account status to meet extension of good faith margin to certain specific registration and reporting [Release No. 34–48395; File No. SR–NASD– non-equity securities held in exempt requirements, or to provide certain 2003–124] accounts. The Commission notes that current information concerning the the definition of exempt account is Self-Regulatory Organizations; Notice person’s ownership, business, of Filing and Immediate Effectiveness limited to certain regulated entities as operations, and financial condition. In well as to persons with net worth of at of Proposed Rule Change by the addition, Amendment Nos. 1 and 2 National Association of Securities least $40 million and financial assets of conform the NASD’s proposal to an at least $45 million about whom certain Dealers, Inc. To Institute an Hourly NYSE proposal that the Commission Maintenance Fee Associated With the information is publicly available or who 33 approved previously. Accordingly, the Use of the Nasdaq Workstation II make available to the broker-dealer Commission finds that there is good certain current financial information. Service by Persons That Are Not NASD cause, consistent with sections Members The Commission believes that these 15A(b)(6) and 19(b) of the Exchange Act, requirements are important to the to approve Amendment Nos. 1 and 2 on August 22, 2003. broker-dealer’s evaluation of the an accelerated basis. Pursuant to section 19(b)(1) of the creditworthiness of the exempt account Securities Exchange Act of 1934 borrower and its ability to make an V. Solicitation of Comments (‘‘Act’’),1 and Rule 19b-4 thereunder,2 informed decision regarding an notice is hereby given that on August 6, extension of good faith margin to the Interested persons are invited to 2003, the National Association of exempt account. submit written data, views, and The Commission also notes that the arguments concerning Amendment Nos. Securities Dealers, Inc. (‘‘NASD’’), proposal limits the amount of capital 1 and 2, including whether Amendment through its subsidiary, The Nasdaq charges a broker-dealer may take in lieu Nos. 1 and 2 are consistent with the Stock Market, Inc. (‘‘Nasdaq’’), filed of collecting marked to the market Exchange Act. Persons making written with the Securities and Exchange losses. Specifically, a broker-dealer may submissions should file six copies Commission (‘‘Commission’’) the not enter into transactions with exempt thereof with the Secretary, Securities proposed rule change as described in accounts that would increase the broker- and Exchange Commission, 450 Fifth Items I, II, and III below, which Items 3 dealer’s capital charges if the broker- Street, NW., Washington, DC 20549– have been prepared by Nasdaq. Nasdaq dealer’s capital charges exceed: (1) 5% 0609. Copies of the submission, all has designated the proposed rule change of the broker-dealer’s tentative net subsequent amendments, all written as constituting a ‘‘non-controversial’’ capital on any one account or group of statements with respect to the proposed rule change under section 4 commonly controlled accounts; or (2) rule change that are filed with the 19(b)(3)(A)(iii) of the Act, and 25% of the broker-dealer’s tentative net paragraph (f)(6) of Rule 19b-4 under the Commission, and all written 5 capital on all accounts combined, unless communications relating to the Act, which renders the proposal the excess no longer exists on the fifth proposed rule change between the effective upon receipt of this filing by business day after it was incurred. In Commission and any person, other than the Commission. The Commission is addition, the proposal requires broker- those that may be withheld from the publishing this notice to solicit dealers to maintain a written risk public in accordance with the comments on the proposed rule change analysis methodology for assessing the provisions of 5 U.S.C. 552, will be from interested persons. amount of good faith credit extended to available for inspection and copying in I. Self-Regulatory Organization’s exempt accounts and assures that a the Commission’s Public Reference Statement of the Terms of Substance of broker-dealer has procedures for Room. Copies of such filing will also be the Proposed Rule Change determining, approving, and monitoring available for inspection and copying at Nasdaq proposes to institute an extensions of credit to exempt accounts. the principal office of the NASD. All hourly fee for maintenance services The Commission believes that these submissions should refer to file number supplied for equipment used in requirements establish important SR–NASD–00–08 and should be safeguards to minimize potential risks to connection with the Nasdaq submitted by September 23, 2003. TM 6 a broker-dealer. Workstation II (‘‘NWII’’) service. Accordingly, the Commission finds VI. Conclusion Nasdaq proposes to implement the that the proposed rule change is proposed rule change thirty days after It is therefore ordered, pursuant to August 6, 2003.7 consistent with section 15A(b)(6) of the 34 Exchange Act,32 which requires, among section 19(b)(2) of the Exchange Act, other things, that the rules of a national that the proposed rule change (SR– 1 15 U.S.C. 78s(b)(1). 2 securities association be designed to NASD–00–08), as amended, is 17 CFR 240.19b-4. approved. 3 On August 12, 2003, Nasdaq filed an promote just and equitable principles of amendment to the proposed rule change, which it trade, and to protect investors and the For the Commission, by the Division of subsequently withdrew. Telephone conversation public interest. Market Regulation, pursuant to delegated between John M. Yetter, Associate General Counsel, The Commission finds good cause for authority.35 Nasdaq, and Frank N. Genco, Division of Market approving Amendment Nos. 1 and 2 to Regulation (‘‘Division’’), Commission, on August Margaret H. McFarland, 19, 2003. the proposal prior to the thirtieth day 4 15 U.S.C. 78s(b)(3)(A). after the date of publication of notice of Deputy Secretary. 5 17 CFR 240.19b-4(f)(6). filing thereof in the Federal Register. [FR Doc. 03–22229 Filed 8–29–03; 8:45 am] 6 This filing applies to persons that are not NASD Amendment Nos. 1 and 2 strengthen the BILLING CODE 8010–01–P members. On August 6, 2003, Nasdaq also proposal by providing guidelines for the submitted a proposed rule change to implement an identical charge for NASD members. See File No. written risk analysis methodology that 33 See NYSE Order, supra note 27. SR–NASD–2003–123. 34 15 U.S.C. 78s(b)(2). 7 In this filing, Nasdaq is also moving the text of 32 15 U.S.C. 78o-3(b)(6). 35 17 CFR 200.30–3(a)(12). the footnote to NASD Rule 7010(f) into the text of VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52263 The text of the proposed rule change placing eighteen SDPs on a T1 circuit; A. Self-Regulatory Organization’s appears below. New text is in italics. in such case, the subscriber shall be Statement of the Purpose of, and Deleted text is in brackets. charged the Additional Circuit/SDP Statutory Basis for, the Proposed Rule * * * * * Charge (in lieu of the service charge) for Change each ‘‘underutilized’’ SDP slot on the 7000. Charges for Services and 1. Purpose existing T1 circuit(s). Regardless of the Equipment SDP allocation across T1 circuits, a The NWII service allows market 7010. System Services subscriber will not be subject to the participants to access SuperMontage (a)–(e) No change. Additional Circuit/SDP Charge if the and other Nasdaq facilities through subscriber does not exceed the (f) Nasdaq WorkstationTM Service Nasdaq’s Enterprise Wide Network II minimum number of T1 circuits needed (‘‘EWN II’’). Each NWII subscriber (1) The following charges shall apply to support its SDP, assuming an location has at least one service delivery to the receipt of Level 2 or Level 3 eighteen-to-one ratio. platform (‘‘SDP’’) that connects to the Nasdaq Service via equipment and (2) No change. EWN II by a dedicated T1 circuit pair. communications linkages prescribed for The subscriber then connects the the Nasdaq. [* A subscriber shall be subject to the Additional Circuit/SDP Charge when workstations used by its employees to Workstation II Serv- the SDP. Workstations may be either ice: the subscriber has not maximized Service Charge ...... $2,035/month per capacity on its SDP(s) by placing eight Nasdaq Workstation presentation service delivery logons on an SDP and obtains an devices (‘‘PDs’’) provided by Nasdaq, or platform (‘‘SDP’’) additional SDP(s); in such case, the workstations and software supplied by Display Charge ...... $525/month per the subscriber (often referred to as an logon for the first subscriber shall be charged the Additional Circuit/SDP Charge (in lieu ‘‘application programming interface’’ 150 logons device, or an ‘‘NWII substitute’’). $200/month for each of the service charge) for each additional logon ‘‘underutilized’’ SDP(s) (i.e., the Nasdaq currently allows subscribers Additional Circuit/ $3,235/month[*] difference between the number of SDPs to contract with Nasdaq for maintenance SDP Charge. a subscriber has and the number of of their NWII PDs and SDPs on a PD and SDP Mainte- SDPs the subscriber would need to monthly basis, at the rate of $55 per PD nance: Monthly mainte- $55/presentation de- support its logons, assuming an eight-to- logon or SDP per month. Maintenance is nance agreement. vice (‘‘PD’’) logon one ratio). A subscriber also shall be provided by Nasdaq personnel in the or SDP/month subject to the Additional Circuit/SDP New York metropolitan area and by a Hourly fee for $195 per hour (two Charge when the subscriber has not contractor in other areas of the country. maintenance hour minimum), maximized capacity on its T1 circuits by Nasdaq is now proposing to supplement provided without plus cost of parts placing eighteen SDPs on a T1 circuit; this monthly maintenance option with monthly mainte- an hourly maintenance option for nance agreement. in such case, the subscriber shall be charged the Additional Circuit/SDP subscribers that may not wish to commit A subscriber that accesses Nasdaq Charge (in lieu of the service charge) for to a monthly maintenance agreement. Workstation II Service via an each ‘‘underutilized’’ SDP slot on the The fee for maintenance provided application programming interface existing T1 circuit(s). Regardless of the without a monthly maintenance (‘‘API’’) shall be assessed the Service agreement will be $195 per hour, with Charge for each of the subscriber’s SDPs SDP allocation across T1 circuits, a a two-hour minimum charge for all and shall be assessed the Display Charge subscriber will not be subject to the service calls, plus the cost of parts for each of the subscriber’s logons, Additional Circuit/SDP Charge if the including logons of an NWII substitute subscriber does not exceed the supplied. or quote-update facility. API subscribers minimum number of T1 circuits needed 2. Statutory Basis also shall be subject to the Additional to support its SDP, assuming an Circuit/SDP Charge. eighteen-to-one ratio.] Nasdaq believes that the proposed A subscriber shall be subject to the (g)–(u) No change. rule change is consistent with the Additional Circuit/SDP Charge when 8 * * * * * provisions of section 15A of the Act, in the subscriber has not maximized general, and section 15A(b)(5) of the capacity on its SDP(s) by placing eight II. Self-Regulatory Organization’s Act,9 in particular, in that it provides for logons on an SDP and obtains an Statement of the Purpose of, and the equitable allocation of reasonable additional SDP(s); in such case, the Statutory Basis for, the Proposed Rule dues, fees, and other charges among subscriber shall be charged the Change members and issuers and other persons Additional Circuit/SDP Charge (in lieu using any facility or system which the of the service charge) for each In its filing with the Commission, NASD operates or controls. ‘‘underutilized’’ SDP(s) i.e., the Nasdaq included statements concerning difference between the number of SDPs the purpose of and basis for the B. Self-Regulatory Organization’s a subscriber has and the number of proposed rule change and discussed any Statement on Burden on Competition SDPs the subscriber would need to comments it received on the proposed Nasdaq does not believe that the support its logons, assuming an eight-to- rule change. The text of these statements proposed rule change will result in any one ratio). A subscriber also shall be may be examined at the places specified burden on competition that is not subject to the Additional Circuit/SDP in Item IV below. Nasdaq has prepared necessary or appropriate in furtherance Charge when the subscriber has not summaries, set forth in Sections A, B, of the purposes of the Act. maximized capacity on its T1 circuits by and C below, of the most significant aspects of such statements. the rule to improve the clarity of the rule’s 8 15 U.S.C. 78o–3. presentation in the NASD Manual. 9 15 U.S.C. 78o–3(b)(5). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52264 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be specifically that the proposed rule Statement on Comments on the available for inspection and copying in change is consistent with Section Proposed Rule Change Received From the Commission’s Public Reference 6(b)(6) 6 of the Act because it should Members, Participants, or Others Room. Copies of such filings will also be clarify for Exchange specialists the types Written comments were neither available for inspection and copying at of orders that they may, and may not, solicited nor received. the principal office of the NASD. All accept onto the limit order book. submissions should refer to File No. SR- It is therefore ordered, pursuant to III. Date of Effectiveness of the NASD–2003–124 and should be Section 19(b)(2) of the Act,7 that the Proposed Rule Change and Timing for submitted by September 23, 2003. proposed rule change (SR–Phlx–2003– Commission Action For the Commission, by the Division of 15) be, and it hereby is, approved. The foregoing proposed rule change Market Regulation, pursuant to delegated For the Commission, by the Division of has become effective pursuant to section authority.14 Market Regulation, pursuant to delegated 19(b)(3)(A) of the Act 10 and Rule 19b– Margaret H. McFarland, authority.8 4(f)(6) thereunder,11 because the Deputy Secretary. Margaret H. McFarland, proposal does not: (1) Significantly [FR Doc. 03–22231 Filed 8–29–03; 8:45 am] Deputy Secretary. affect the protection of investors or the BILLING CODE 8010–01–P [FR Doc. 03–22294 Filed 8–29–03; 8:45 am] public interest; (2) impose any BILLING CODE 8010–01–P significant burden on competition; and (3) become operative until 30 days from SECURITIES AND EXCHANGE the date on which it was filed, or such COMMISSION shorter time as the Commission may UNITED STATES SENTENCING designate if consistent with the [Release No. 34–48397; File No. SR–Phlx– COMMISSION 2003–15] protection of investors and the public Sentencing Guidelines for United interest, and Nasdaq provided the Self-Regulatory Organizations; Order States Courts Commission with written notice of its Granting Approval of Proposed Rule intent to file the proposed rule change Change and Amendment No. 1 Thereto AGENCY: United States Sentencing at least five business days prior to the by the Philadelphia Stock Exchange, Commission. date of filing of the proposed rule Inc. Relating to the Prohibition Against ACTION: Notice of final priorities. change,12 or such shorter time as Specialists Accepting Discretionary designated by the Commission. Orders on the Limit Order Book SUMMARY: In June 2003, the Commission At any time within 60 days of August published a notice of possible policy 6, 2003, the Commission may August 22, 2003. priorities for the amendment cycle summarily abrogate such rule change if On March 13, 2003, the Philadelphia ending May 1, 2004. See 68 FR 39173 it appears to the Commission that such Stock Exchange, Inc. (‘‘Phlx’’ or (July 1, 2003). After reviewing public action is necessary or appropriate in the ‘‘Exchange’’) filed with the Securities comment received pursuant to this public interest, for the protection of and Exchange Commission notice, the Commission has identified investors, or otherwise in furtherance of (‘‘Commission’’), pursuant to Section its policy priorities for the upcoming the purposes of the Act.13 19(b)(1) of the Securities Exchange Act amendment cycle. The Commission of 1934 (‘‘Act’’) 1 and Rule 19b–4 IV. Solicitation of Comments hereby gives notice of these policy thereunder,2 a proposed rule change to priorities. Interested persons are invited to codify the prohibition against specialists FOR FURTHER INFORMATION CONTACT: submit written data, views, and accepting discretionary orders on the arguments concerning the foregoing, limit order book. On June 5, 2003, the Michael Courlander, Public Affairs including whether the proposed rule Phlx amended the proposed rule Officer, Telephone: (202) 502–4590. change is consistent with the Act. change. SUPPLEMENTARY INFORMATION: The Persons making written submissions The proposed rule change, as United States Sentencing Commission, should file six copies thereof with the amended, was published for comment an independent commission in the Secretary, Securities and Exchange in the Federal Register on July 17, judicial branch of the United States Commission, 450 Fifth Street NW., 2003.3 The Commission received no Government, is authorized by 28 U.S.C. Washington, DC 20549–0609. Copies of comments on the proposal. 994(a) to promulgate sentencing the submission, all subsequent The Commission finds that the guidelines and policy statements for amendments, all written statements proposed rule change is consistent with Federal courts. Section 994 also directs with respect to the proposed rule the requirements of the Act and the the Commission periodically to review change that are filed with the rules and regulations thereunder and revise promulgated guidelines and Commission, and all written applicable to a national securities authorizes it to submit guideline communications relating to the exchange 4 and, in particular, the amendments to Congress not later than proposed rule change between the requirements of Section 6 of the Act 5 the first day of May each year. See 28 Commission and any person, other than and the rules and regulations U.S.C. 994(o), (p). those that may be withheld from the thereunder. The Commission finds As part of its statutory authority and public in accordance with the responsibility to analyze sentencing 14 17 CFR 200.30–3(a)(12). issues, including operation of the 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). Federal sentencing guidelines, the 11 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. Commission has identified certain 12 On July 28, 2003, Nasdaq provided the 3 See Securities Exchange Act Release No. 48160 priorities as the focus of its policy Commission with written notice of its intent to file (July 17, 2003), 68 FR 42452. development work, including possible the proposed rule change. See letter from John M. 4 In approving this proposed rule change, the Yetter, Associate General Counsel, Nasdaq, to Commission has considered the proposed rule’s Katherine A. England, Assistant Director, Division, impact on efficiency, competition, and capital 6 15 U.S.C. 78f(b)(6). Commission, dated July 28, 2003. formation. 15 U.S.C. 78c(f). 7 15 U.S.C. 78s(b)(2). 13 See 15 U.S.C. 78(b)(3)(C). 5 15 U.S.C. 78f. 8 17 CFR 200.30–3(a)(12). VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52265 amendments to guidelines, policy characteristics in 2A1.4 (Involuntary Authority: 28 U.S.C. 994(a), (o); USSC statements, and commentary, for the Manslaughter), and other homicide Rules of Practice and Procedure 5.2. amendment cycle ending May 1, 2004. offenses; Diana E. Murphy, While the Commission intends to (8) continuation of its policy work Chair. address these priority issues, it related to immigration offenses, recognizes that other factors, such as the [FR Doc. 03–22250 Filed 8–29–03; 8:45 am] including offenses under 2L1.1 enactment of legislation requiring BILLING CODE 2210–40–P (Smuggling, Transporting, or Harboring Commission action, may affect the Commission’s ability to complete work an Unlawful Alien) and 2L1.2 on all of the identified policy priorities (Unlawfully Entering or Remaining in SMALL BUSINESS ADMINISTRATION the United States); by the statutory deadline of May 1, [Declaration of Disaster #3534] 2004. The Commission may address any (9) continuation of its work with unfinished policy work from this Congress and other interested parties on State of Ohio (Amendment #2) agenda during the amendment cycle cocaine sentencing policy consistent In accordance with a notice received ending May 1, 2005. with the recommendations made by the from the Department of Homeland For the amendment cycle ending May Commission in its 2002 report to 1, 2004, and possibly continuing into Security—Federal Emergency Congress, Cocaine and Federal Management Agency, effective August the amendment cycle ending May 1, Sentencing Policy; 2005, the Commission has identified the 25, 2003, the above numbered following policy priorities: (10) consideration of guideline declaration is hereby amended to (1) Implementation of the PROTECT amendment proposals pertaining to include Franklin and Jefferson counties Act, Pub. L. 108–21, including guideline terrorism, including terrorism offenses as disaster areas due to damages caused amendments addressing the directives involving man-portable air defense by tornadoes, flooding, severe storms to the Commission in (A) section 401 systems (MANPADS) and other similar and high winds occurring on July 21, pertaining to downward departures; (B) weapons and the illegal transportation 2003 and continuing. sections 401, 504, 512, and 513 of hazardous materials; In addition, applications for economic injury loans from small businesses pertaining to new and existing sex (11) consideration of guideline located in the contiguous counties of offenses and offenses involving virtual amendment proposals pertaining to Belmont, Delaware, Fairfield, Licking, pornography; and (C) section 608 compassionate release programs; pertaining to increased penalties for Madison, Pickaway and Union in the offenses involving the trafficking of (12) other miscellaneous and limited State of Ohio; and Brooke and Ohio GHB; issues pertaining to the operation of the counties in the State of West Virginia (2) consideration and implementation sentencing guidelines, including (A) may be filed until the specified date at of recommendations made by the offenses involving the unlawful sale or the previously designated location. All Commission’s Organizational transportation of drug paraphernalia; other counties contiguous to the above Guidelines Advisory Group; and (B) offenses involving the receipt or named primary counties have been (3) consideration and implementation possession of stolen mail; previously declared. of recommendations made by the (13) implementation of other crime All other information remains the same, i.e., the deadline for filing Commission’s Native American legislation enacted during the first applications for physical damage is Advisory Group; session of the 108th Congress September 30, 2003, and for economic (4) continuation of its work warranting a Commission response; implementing the 21st Century injury the deadline is May 3, 2004. (14) review of the limitation on the Department of Justice Appropriations (Catalog of Federal Domestic Assistance Authorization Act, Pub. L. 107–273, base offense level (i.e., not more than Program Nos. 59002 and 59008). level 30) provided in subsection (a)(3) of including guideline amendments Dated: August 26, 2003. pertaining to (A) assaulting or 2D1.1 (Unlawful Manufacturing, Herbert L. Mitchell, threatening Federal judges or other Importing, Exporting, or Trafficking officials described in 18 U.S.C. 111 or (Including Possession with Intent to Associate Administrator for Disaster Assistance. 115; and (B) a new offense, at 18 U.S.C. Commit these Offenses); Attempt or 931, prohibiting violent felons from Conspiracy); and [FR Doc. 03–22321 Filed 8–29–03; 8:45 am] BILLING CODE 8025–01–P purchasing, owning, or possessing body (15) continuation of its multiyear armor; research, policy work, and possible (5) consideration of guideline guideline amendments relating to SMALL BUSINESS ADMINISTRATION amendment proposals related to the Chapter Four (Criminal History and public corruption guidelines in Chapter Criminal Livelihood), which may National Advisory Council; Public Two, Part C (Offenses Involving Public include (A) assessment of the Meeting Officials); (6) continuation of its work on the 15 calculation of criminal history points for The U.S. Small Business Year Study, which is composed of a first time offenders and offenders who Administration (SBA) will be hosting a number of projects geared toward are in the highest criminal history meeting of the National Advisory analyzing the guidelines in light of the categories; (B) assessment of the Councils (NAC). The meeting will be goals of sentencing reform described in criminal history rules for minor held from Wednesday, September 17th the Sentencing Reform Act and the offenses, juvenile offenses, and through Thursday, September 18th, statutory purposes of sentencing set expunged convictions; (C) assessment of 2003, at the Washington Hilton located forth in 18 U.S.C. 3553(a)(2); the criminal history rules for related at 1919 Connecticut Avenue, (7) continuation of its policy work cases; and (D) consideration of other Washington, DC 20009. related to manslaughter, particularly application issues relating to Anyone wishing to attend and make consideration of guideline amendment simplifying the operation of Chapter an oral presentation to the Board must proposals providing specific offense Four. contact Kimberly Mace, no later than VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52266 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Tuesday, September 2, 2003, via e-mail DC, between 9 a.m. and 5 p.m., Monday DEPARTMENT OF TRANSPORTATION or fax. Kimberly Mace, U.S. Small through Friday, except Federal Business Administration, 409 3rd Street Holidays. Federal Aviation Administration SW., Washington, DC 20416; (202) 401– • Federal eRulemaking Portal: Go to Additional Requirements: Aquila 8525 phone or (202) 481–2974 fax or e- http://www.regulations.gov. Follow the mail [email protected]. GmbH Engine Mount Connection online instructions for submitting Design Criteria and Winglets for the Sincerely, comments. Aquila GmbH AT01 JAR–VLA Airplane Scott Morris, Docket: For access to the docket to Deputy Chief of Staff. read background documents or AGENCY: Federal Aviation [FR Doc. 03–22226 Filed 8–29–03; 8:45 am] comments received, go to http:// Administration (FAA), DOT. BILLING CODE 8025–01–P dms.dot.gov at any time or to Room PL– ACTION: Notice of availability of 401 on the plaza level of the Nassif proposed design criteria and request for Building, 400 Seventh Street, SW., comments. DEPARTMENT OF TRANSPORTATION Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except SUMMARY: This notice announces the Federal Aviation Administration Federal Holidays. availability of and requests comments on the proposed design criteria for fire [Summary Notice No. PE–2003–52] FOR FURTHER INFORMATION CONTACT: Tim Adams (202) 267–8033, Sandy protection of the connection between the metal structure of an engine mount Petitions for Exemption; Summary of Buchanan-Sumter (202) 267–7271, Petitions Received; Dispositions of and composite airframe on an Aquila Office of Rulemaking (ARM–1), Federal Petitions Issued GmbH AT01 single-engine aircraft with Aviation Administration, 800 winglets on the wings. This airplane Independence Avenue, SW., AGENCY: Federal Aviation will be certified under the requirements Washington, DC 20591. Administration (FAA), DOT. of JAR–VLA (Joint Aviation ACTION: Notice of petitions for This notice is published pursuant to Requirements—Very Light Aircraft) exemption received and of dispositions 14 CFR 11.85 and 11.91. Amendment VLA/92/01 as developed of prior petitions. Issued in Washington, DC, on August 26, by the Joint Aviation Authority, and under Title 14 of the Code of Federal SUMMARY: Pursuant to FAA’s rulemaking 2003. Donald P. Byrne, Regulations. Additional provisions provisions governing the application, addressing JAR–VLA parts 865, 1191, processing, and disposition of petitions Assistant Chief Counsel for Regulations. and 445 were issued by the for exemption part 11 of Title 14, Code Petitions for Exemption airworthiness authority for Germany, of Federal Regulations (14 CFR), this the Luftfahrt-Bundesamt (LBA). The notice contains a summary of certain Docket No.: FAA–2003–15751. FAA is issuing the same additional petitions seeking relief from specified requirements. requirements of 14 CFR, dispositions of Petitioner: JetBlue Airways, Inc. certain petitions previously received, Section of 14 CFR Affected: 14 CFR DATES: Comments must be received on and corrections. The purpose of this 91.107 and 121.311. or before October 2, 2003. notice is to improve the public’s Description of Relief Sought: To ADDRESSES: Send all comments on the awareness of, and participation in, this permit JetBlue Airways, Inc., to operate proposed design criteria to: Federal aspect of FAA’s regulatory activities. Airbus A–320 aircraft equipped with a Aviation Administration, Attention: Mr. Neither publication of this notice nor child restraint device, in addition to the Karl Schletzbaum, Project Support the inclusion or omission of information aircraft’s lap belt. The restraint device Office, ACE–112, 901 Locust, Kansas in the summary is intended to affect the holds the upper torso of a child who is City, Missouri 64106. Comments may be legal status of any petition or its final between 22 and 44 pounds, to the seat inspected at the above address between disposition. back in its own airplane seat. In 7:30 a.m. and 4 p.m. weekdays, except DATES: Comments on petitions received addition, the devise is being evaluated Federal holidays. must identify the petition docket to determine if it will meet all occupant FOR FURTHER INFORMATION CONTACT: number involved and must be received safety requirements established by the Mr. Karl Schletzbaum, 816–329–4146. on or before September 22, 2003. Los Angeles Aircraft Certification Office ADDRESSES: You may submit comments during the Supplemental Type SUPPLEMENTARY INFORMATION: Certificate process. [identified by DOT DMS Docket Number Comments Invited FAA–200X–XXXXX] by any of the Docket No.: FAA–2003–14780. following methods: Interested persons are invited to • Web Site: http://dms.dot.gov. Petitioner: Ronald DiGiovanni. comment on the proposed policy by Follow the instructions for submitting Section of 14 CFR Affected: 14 CFR submitting such written data, views, or comments on the DOT electronic docket 61.113(c). arguments as they may desire. site. Description of Relief Sought: To Commenters should identify the • Fax: 1–202–493–2251. proposed design criteria on the Aquila • permit members of Ronald DiGiovanni’s Mail: Docket Management Facility; family to cover all of his operating GmbH engine mount and winglets, and U.S. Department of Transportation, 400 expenses when being carried as submit comments, in duplicate, to the Seventh Street, SW., Nassif Building, passengers on an airplane that he is address specified above. All Room PL–401, Washington, DC 20590– operating as pilot in command under communications received on or before 001. his private pilot certificate. the closing date for comments will be • Hand Delivery: Room PL–401 on considered by the Small Airplane the plaza level of the Nassif Building, [FR Doc. 03–22211 Filed 8–29–03; 8:45 am] Directorate before issuing the final 400 Seventh Street, SW., Washington, BILLING CODE 4910–13–P design criteria. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52267 Discussion Issued in Kansas City, Missouri, on August DEPARTMENT OF THE TREASURY 15, 2003. Proposed Design Criteria Diane K. Malone, Office of the Comptroller of the This airplane will be certified under Acting Manager, Small Airplane Directorate, Currency the requirements of JAR–VLA (Joint Aircraft Certification Service. Agency Information Collection Aviation Requirements—Very Light [FR Doc. 03–22209 Filed 8–29–03; 8:45 am] Aircraft) Amendment VLA/92/01 as Activities: Submission for OMB developed by the Joint Aviation BILLING CODE 4910–13–P Review; Comment Request Authority and 14 CFR 21.17. AGENCY: Office of the Comptroller of the Additional Requirements: Engine Mount DEPARTMENT OF TRANSPORTATION Currency (OCC), Treasury. Connection Design Criteria ACTION: Notice and request for comment. Federal Aviation Administration The Aquila AT01 is a full composite SUMMARY: The OCC, as part of its single-engine aircraft with the engine Final Policy Statement, Propeller continuing effort to reduce paperwork mount fitted to the glass fiber composite Testing Vd Versus VNE, PS–ACE100– and respondent burden, invites the fuselage. The airplane will be certified 2002–008 general public and other Federal to the requirements of JAR/VLA 865 agencies to take this opportunity to (Fire protection of flight controls and AGENCY: Federal Aviation comment on a continuing information other flight structure) and JAR/VLA Administration (FAA), DOT. collection, as required by the Paperwork 1191 (Firewalls). However, tests must be Reduction Act of 1995. An agency may performed that demonstrate that the ACTION: Notice of issuance of policy. not conduct or sponsor, and a interface between the metallic engine respondent is not required to respond mount and the glass fiber reinforced SUMMARY: This notice announces the to, an information collection unless the plastic fuselage withstand a fire for 15 issuance of policy PS–ACE100–2002– information collection displays a minutes while carrying loads under the 008, Final Policy Statement, Propeller currently valid OMB control number. following conditions: Testing Vd Versus VNE. The purpose of The OCC is soliciting comment (a) With one lost engine mount fitting this policy statement is to clarify the concerning its information collection the loads are distributed over the flight testing requirements for vibration titled, ‘‘Investment Securities (12 CFR remaining 3 engine mount fittings. The and flutter when a different propeller is 1).’’ The OCC also gives notice that it most critical of these fittings must be installed on an aircraft. The installation has sent the information collection to chosen for the test. of a different propeller model, whether OMB for review and approval. (1) The loads are: by supplemental, amended, or new type DATES: You should submit your (i) in Z–direction the mass of the certification, is a significant design comments to the OCC and the OMB propulsion unit multiplied by a change, as defined in Order 8100.5, Desk Officer by October 2, 2003. maneuvering load factor resulting from chapter 1, paragraph 103, subparagraph ADDRESSES: You should direct ° a 30 turn for 15 minutes, superimposed j, section 2 f: comments to: by a maneuvering load of 3 seconds Communications Division, Office of representing the maximum positive DATES: PS–ACE100–2002–008 was the Comptroller of the Currency, Public limit maneuvering load factor of n=3.8 issued by the Acting Manager of the Information Room, Mailstop 1–5, arising from JAR/VLA 337(a). Small Airplane Directorate on July 23, Attention: 1557–0205–2, 250 E Street, (ii) in X–direction the engine 2003. SW., Washington, DC 20219. Due to propulsion force at maximum How to Obtain Copies: A paper copy delays in paper mail delivery in the continuous power for 5 minutes. of the policy PS–ACE100–2002–008 Washington area, commenters are (b) The flame to which the component may be obtained by contacting Mr. Pete encouraged to submit comments by fax test arrangement is subjected must Rouse, (816) 329–4135 Small Airplane or e-mail. Comments may be sent by fax ° provide a temperature of 500 C within Directorate, Standards Office (ACE– to (202) 874–4448, or by e-mail to the target area. 110), Aircraft Certification Office, [email protected]. You can (c) The flame must be large enough to Federal Aviation Administration, 901 inspect and photocopy the comments at maintain the required temperature over Locust, Room 301, Kansas City, MO the OCC’s Public Information Room, 250 E Street, SW., Washington, DC 20219. the entire test zone, i.e., the fitting on 64106, or by faxing your request to (816) the engine compartment side. You can make an appointment to 329–4090. The policy will also be (d) It must be shown that the test inspect the comments by calling (202) available on the Internet at http:// equipment, e.g., burner and 874–5043. www.airweb.faa.gov/policy. instrumentation are of sufficient power, Joseph F. Lackey, Jr., OMB Desk size, and precision to yield the test Issued in Kansas City, Missouri on August Officer for the OCC, Office of requirements arising from paragraphs (a) 15, 2003. Information and Regulatory Affairs, to (c) above. Guidance will be drawn Diane K. Malone, Office of Management and Budget, New from advisory material AC 20–135 to AC Acting Manager, Small Airplane Directorate, Executive Office Building, Room 10235, 23–2. Aircraft Certification Service. Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: You Additional Requirements: Winglets [FR Doc. 03–22210 Filed 8–29–03; 8:45 am] can request additional information or a BILLING CODE 4910–13–P Since winglets, as a specific structural copy of the collection from Jessie element, are not addressed in the JAR/ Dunaway, OCC Clearance Officer, or VLA requirements, the following is Camille Dixon, (202) 874–5090, required: Legislative and Regulatory Activities Compliance must be demonstrated to Division, Office of the Comptroller of the requirements of JAR 23.445— the Currency, 250 E Street, SW., Outboard fins or winglets. Washington, DC 20219. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52268 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices SUPPLEMENTARY INFORMATION: The OCC DEPARTMENT OF THE TREASURY required to respond to an information is proposing to extend OMB approval, collection, unless the information without change, of the following Office of Thrift Supervision collection displays a currently valid information collection: OMB control number. As part of the Title: Investment Securities (12 CFR Submission for OMB Review; approval process, we invite comments 1). Comment Request—Thrift Financial on the following information collection. OMB Number: 1557–0205. Report and Monthly Cost of Funds Title of Proposal: Thrift Financial Report (TFR) and Monthly Cost of Description: This submission covers AGENCY: Office of Thrift Supervision an existing regulation and involves no (OTS), Treasury. Funds change to the regulation or to the OMB Number: 1550–0023. ACTION: Notice and request for comment. Form Number: OTS 1313. information collection requirements. Description: OTS collects financial The OCC requests only that OMB extend SUMMARY: The information collection data from OTS-regulated savings its approval of the information requirement described below has been associations and their subsidiaries and collection. submitted to the Office of Management holding companies in order to assure The information collection and Budget (OMB) for review, as their safety and soundness as requirements in 12 CFR part 1 are as required by the Paperwork Reduction depositories of the personal monies of follows: Act of 1995. the general public. OTS monitors the Under 12 CFR 1.3(h)(2), a national DATES: Submit written comments on or association’s financial position and bank may request an OCC determination before October 2, 2003. interest-rate risk so that adverse that it may invest in an entity that is ADDRESSES: Send comments, referring to conditions can be identified promptly. exempt from registration under section the collection by title of the proposal or Discussion of Comments and 3(c)(1) of the Investment Company Act by OMB approval number, to OMB and Requested Form Changes: After of 1940 if the portfolio of the entity OTS at these addresses: Joseph F. publishing in the Federal Register on consists exclusively of assets that a Lackey, Jr., Office of Information and January 23, 2003 (68 FR 3318) notice of national bank may purchase and sell for Regulatory Affairs, Office of its intent to make certain changes to the its own account. The OCC uses the Management and Budget, Room 10235, Thrift Financial Report (TFR) effective information contained in the request as New Executive Office Building, March 2004 and reviewing and a basis for determining that the bank’s Washington, DC 20503, or e-mail to analyzing all comments, OTS has made investment is consistent with its [email protected]; and the following changes to its information investment authority under applicable Information Collection Comments, Chief collection request to OMB: law and does not pose unacceptable Counsel’s Office, Office of Thrift Acceleration of Due Dates: Because risk. Supervision, 1700 G Street, NW., the majority of the commenters opposed Under 12 CFR 1.7(b), a national bank Washington, DC 20552, by fax to (202) accelerating the filing due date for the may request OCC approval to extend the 906–6518, or by e-mail to TFR and since OTS does not want to five-year holding period of securities [email protected]. impose additional reporting burden on held in satisfaction of debts previously Commenters should be aware that there the industry, OTS will not change the contracted (DPC) for up to an additional may be unpredictable and lengthy TFR filing due date. OTS will retain the five years. The bank must provide a delays in postal deliveries to the same filing due date that the other clearly convincing demonstration of Washington, D.C. area and may prefer to banking agencies have for the Call why any additional holding period is make their comments via facsimile, e- Report, which is 30 days after the end needed. The OCC uses the information mail, or hand delivery. OTS will post of the quarter. Additionally, the filing in the request to ensure, on a case-by- comments and the related index on the due date for Schedules HC (Holding case basis, that the bank’s purpose in OTS Internet Site at http:// Company) and CMR (Consolidated retaining the securities is not www.ots.treas.gov. In addition, Maturity/Rate) will remain at 45 days speculative and that the bank’s reasons interested persons may inspect after the close of the quarter. for requesting the extension are comments at the Public Reading Room, Average Balance Sheet Data: OTS will adequate, and to evaluate the risks to 1700 G Street, NW., by appointment. To collect the average balance sheet data the bank of extending the holding make an appointment, call (202) 906– proposed, but at the request of several period, including potential effects on 5922, send an e-mail to commenters, OTS will allow all bank safety and soundness. [email protected], or send a institutions regardless of their asset size Type of Review: Extension of a facsimile transmission to (202) 906– to use month-end data in their currently approved collection. 7755. calculations, rather than requiring the Affected Public: Businesses or other use of daily or weekly balances. The for-profit. FOR FURTHER INFORMATION CONTACT: To averages will be included in Schedule Estimated Number of Respondents: obtain a copy of the submission to OMB, SI and will be publicly available. 25. contact Marilyn K. Burton at Transactions with Affiliates: Due to [email protected], (202) Estimated Total Annual Responses: public response, OTS will combine its 906–6467, or facsimile number (202) 25. proposed items into two line items: (1) 906–6518, Regulations and Legislation Estimated Total Annual Burden: 460 Outstanding balances of covered Division, Chief Counsel’s Office, Office hours. transactions with affiliates that are of Thrift Supervision, 1700 G Street, Frequency of Response: On occasion. subject to quantitative limits NW., Washington, DC 20552. You can (Transactions under section 23A of the Dated: August 26, 2003. obtain a copy of the March 2004 Thrift Federal Reserve Act) and (2) Activity Mark J. Tenhundfeld, Financial Report form from the OTS during the quarter of other covered Assistant Director, Legislative and Regulatory Internet Site at http://www.ots.treas.gov. transactions with affiliates, not subject Activities Division. SUPPLEMENTARY INFORMATION: OTS may to quantitative limits (Transactions [FR Doc. 03–22288 Filed 8–29–03; 8:45 am] not conduct or sponsor an information under section 23B of the Federal BILLING CODE 4810–33–P collection, and respondents are not Reserve Act). This information will be VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52269 confidential and will not be released to All Other Revisions: OTS will adopt Management and Budget, Room 10235, the public. These two data items will be as proposed the remaining changes to New Executive Office Building, included on Schedule SI and will be the 2004 TFR published in the Federal Washington, DC 20503, or e-mail to due 30 days after the close of the Register on January 23, 2003 (68 FR [email protected]; and quarter. 3318). Information Collection Comments, Chief Holding Company Data: OTS will Type of Review: Revision of a Counsel’s Office, Office of Thrift expand the holding company data previously approved collection. Supervision, 1700 G Street, NW., collected in Schedule HC as proposed. Affected Public: Savings Associations. Washington, DC 20552, by fax to (202) Clarifications will be made to the TFR Estimated Number of Respondents: 906–6518, or by e-mail to instructions to address comments 925. [email protected]. regarding the scope of some of the Estimated Frequency of Response: OTS will post comments and the related supplemental questions. For instance, Variable depending on the schedule— index on the OTS Internet Site at OTS has narrowed which subsidiaries Monthly, Quarterly, or Annually. http://www.ots.treas.gov. In addition, must be included to those determined to Estimated Burden Hours per interested persons may inspect be significant based on consolidated Response: 35.42 hours average for comments at the Public Reading Room, assets, consolidated gross revenues, or quarterly schedules, 2.5 hours average 1700 G Street, NW., by appointment. To the volume of affiliate transactions. for schedules required annually, and 0.5 make an appointment, call (202) 906– Additionally, effective with 2004 hours for the monthly schedule, plus 5922, send an e-mail to reporting, OTS will revise Form H-b(11) recordkeeping of an average of one hour [email protected], or send a to reduce duplicative reporting per quarter. facsimile transmission to (202) 906– requirements. Estimated Total Burden: 142,608 7755. hours. Because some of these proposed Federal Home Loan Bank Dividends: FOR FURTHER INFORMATION CONTACT: To changes will not affect all savings As proposed, OTS will add a line in obtain a copy of the submission to OMB, associations that file the TFR, the Schedule SO (Statement of Operations) contact Marilyn K. Burton at for Federal Home Loan Bank dividend burden hours reflected above may vary [email protected], (202) income. As requested by commenters, from institution to institution. 906–6467, or facsimile number (202) Clearance Officer: Marilyn K. Burton, OTS will include FHLB dividends in 906–6518, Regulations and Legislation (202) 906–6467, Office of Thrift net interest income, conforming to the Division, Chief Counsel’s Office, Office Supervision, 1700 G Street, NW., presentation in the commercial bank of Thrift Supervision, 1700 G Street, Washington, DC 20552. Call Report. In Schedule SO (Statement NW., Washington, DC 20552. of Operations), OTS will add a new OMB Reviewer: Joseph F. Lackey, Jr., SUPPLEMENTARY INFORMATION: OTS may section following Interest Income for (202) 395–7316, Office of Management not conduct or sponsor an information Dividend Income on Equity Investments and Budget, Room 10235, New collection, and respondents are not Not Subject to FASB Statement No. 115, Executive Office Building, Washington, required to respond to an information which will include Federal Home Loan DC 20503. collection, unless the information Bank dividend income. This new Dated: August 26, 2003. collection displays a currently valid section will be included in net interest James E. Gilleran, OMB control number. As part of the income. OTS will also revise Schedule Director, Office of Thrift Supervision. approval process, we invite comments SC (Statement of Condition) to include on the following information collection. Federal Home Loan Bank stock under [FR Doc. 03–22246 Filed 8–29–03; 8:45 am] Title of Proposal: Loan Application the section for equity investments not BILLING CODE 6720–01–P Register (HMDA). subject to FASB Statement No. 115. OMB Number: 1550–0021. Refinancing Loans: OTS will change DEPARTMENT OF THE TREASURY Form Number: N/A. the definition of CF360, Refinancing Regulation requirement: 12 CFR 203. Loans, to include any mortgage loan that Office of Thrift Supervision Description: The Home Mortgage is not a purchase money mortgage. Disclosure Act (HMDA), 12 U.S.C. 2801, Schedule CSS (Subsidiary Schedule): Submission for OMB Review; requires this collection of information. In response to comments, OTS will Comment Request—Loan Application In accordance with the HMDA, the leave the collection frequency of Register (HMDA) Board of Governors of the Federal Schedule CSS as annual and, Reserve System (FRB) promulgates and AGENCY: additionally, will require reporting only Office of Thrift Supervision administers HMDA regulations, which of those subsidiaries that meet any one (OTS), Treasury. are prescribed as part of the FRB’s of the following criteria: (1) The gross ACTION: Notice and request for comment. Regulation C (12 CFR 203), revenue of the consolidated subsidiary SUMMARY: The proposed information implementing the HMDA (12 U.S.C. is 5% or more of the gross revenue of 2801–2810). HMDA forms as well as the consolidated thrift; or (2) the total collection requirement described below has been submitted to the Office of collection and recordkeeping assets of the consolidated subsidiary are requirements are approved under OMB 5% or more of the consolidated thrift Management and Budget (OMB) for review, as required by the Paperwork Control No. 7100–0247. The FRB assets; or (3) the consolidated subsidiary supporting statement forms the is regulated by a state insurance Reduction Act of 1995. OTS is soliciting public comments on the proposal. decisional basis for the OMB action. department, the Securities and This submission discusses the burden DATES: Submit written comments on or Exchange Commission, or the imposed by Regulation C on the before October 2, 2003. Commodity Futures Trading institutions OTS regulates. Commission; or (4) the Regional ADDRESSES: Send comments, referring to Type of Review: Renewal. Director deems there is a supervisory the collection by title of the proposal or Affected Public: Savings Associations. reason for requiring the reporting of the by OMB approval number, to OMB and Estimated Number of Respondents: subsidiary. Institutions may continue to OTS at these addresses: Joseph F. 718 (loan application registers (LARs)). report subsidiaries that are not required Lackey, Jr., Office of Information and Estimated Frequency of Response: to be reported if they choose. Regulatory Affairs, Office of Annually. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52270 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices Estimated Burden Hours per Please refer to ‘‘OMB Control No. 2900– DEPARTMENT OF VETERANS Response: 0.03 hours per application 0073’’ in any correspondence. AFFAIRS (approximately 7,064 applications per SUPPLEMENTARY INFORMATION: [OMB Control No. 2900–0569] LAR). Title: Enrollment Certification, VA Estimated Total Burden: 152,159 Form 22–1999. Proposed Information Collection hours. (Note: A reference to VA Form 22–1999 Activity: Proposed Collection; Clearance Officer: Marilyn K. Burton, Comment Request (202) 906–6467, Office of Thrift also includes VA Forms 22–1999–1, 22– 1999–2, 22–1999–3, 22–1999–4, 22–1999–5, AGENCY: Veterans Benefits Supervision, 1700 G Street, NW., and 22–1999–6 which contains the same Washington, DC 20552. information as VA Form 22–1999.) Administration, Department of Veterans OMB Reviewer: Joseph F. Lackey, Jr., Affairs. (202) 395–7316, Office of Management OMB Control Number: 2900–0073. ACTION: Notice. and Budget, Room 10235, New Type of Review: Extension of a Executive Office Building, Washington, currently approved collection. SUMMARY: The Veterans Benefits DC 20503. Abstract: Educational institutions and Administration (VBA) is announcing an opportunity for public comment on the Dated: August 27, 2003 job establishments use VA Form 22– 1999 to report information concerning proposed collection of certain By the Office of Thrift Supervision. the enrollment or reenrollment into information by the agency. Under the James E. Gilleran, training of veterans, service persons, Paperwork Reduction Act (PRA) of Director. reservists, and other eligible persons. 1995, Federal agencies are required to [FR Doc. 03–22334 Filed 8–29–03; 8:45 am] VA is authorized to make payments in publish notice in the Federal Register BILLING CODE 6720–01–P advance if the trainee requests an concerning each proposed collection of advance payment. In certain instances, information, including each proposed VA is authorized to make a lump sum revision of a currently approved DEPARTMENT OF VETERANS payment of a claimant’s tuition and fees collection, and allow 60 days for public AFFAIRS if the trainee requests an accelerated comment in response to the notice. This notice solicits comments on [OMB Control No. 2900–0073] payment. The form serves as the trainee’s request for an advance or requirements relating to customer Agency Information Collection accelerated payments as well as the satisfaction surveys. Activities Under OMB Review educational institutions report to the DATES: Written comments and trainee’s enrollment. The information recommendations on the proposed AGENCY: Veterans Benefits collected on the form is used to collection of information should be Administration, Department of Veterans determine the amount of educational received on or before November 2, 2003. Affairs. benefits payable to the trainee during ADDRESSES: Submit written comments ACTION: Notice. the period of enrollment or training. on the collection of information to Without the information, VA would not Lynne R. Heltman, Veterans Benefits SUMMARY: In compliance with the have a basis upon which to make Administration (245), Department of Paperwork Reduction Act (PRA) of 1995 payment. Veterans Affairs, 810 Vermont Avenue, (44 U.S.C. 3501–21), this notice An agency may not conduct or NW., Washington, DC 20420 or e-mail announces that the Veterans Benefits sponsor, and a person is not required to [email protected]. Please refer Administration (VBA), Department of respond to a collection of information to ‘‘OMB Control No. 2900–0569’’ in Veterans Affairs, has submitted the unless it displays a currently valid OMB any correspondence. collection of information abstracted control number. The Federal Register FOR FURTHER INFORMATION CONTACT: below to the Office of Management and notice with a 60-day comment period Lynne R. Heltman at (202) 273–5440. Budget (OMB) for review and comment. soliciting comments on this collection The PRA submission describes the SUPPLEMENTARY INFORMATION: Under the of information was published on June 3, PRA of 1995 (Pub. L. 104–13; 44 U.S.C. nature of the information collection and 2003, at page 33227. its expected cost and burden and 3501–3520), Federal agencies must Affected Public: Business or other for- includes the actual data collection obtain approval from the Office of profit, Not-for-profit institutions, instrument. Management and Budget (OMB) for each Federal Government, and State, local or collection of information they conduct DATES: Comments must be submitted on Tribal government. or sponsor. This request for comment is or before October 2, 2003. Estimated Annual Burden: 137,424 being made pursuant to section FOR FURTHER INFORMATION OR A COPY OF hours. 3506(c)(2)(A) of the PRA. THE SUBMISSION CONTACT: Denise Estimated Average Burden Per With respect to the following McLamb, Records Management Service Respondent: 10 minutes. collection of information, VBA invites (005E3), Department of Veterans Affairs, Frequency of Response: On occasion. comments on: (1) Whether the proposed 810 Vermont Avenue, NW., Estimated Annual Responses: collection of information is necessary Washington, DC 20420, (202) 273–8030, 916,160. for the proper performance of VBA’s FAX (202) 273–5981 or e-mail: Estimated Number of Respondents: functions, including whether the [email protected]. Please 8,180. information will have practical utility; refer to ‘‘OMB Control No. 2900–0073.’’ (2) the accuracy of VBA’s estimate of the Send comments and Dated: August 21, 2003. burden of the proposed collection of recommendations concerning any By direction of the Secretary: information; (3) ways to enhance the aspect of the information collection to Denise McLamb, quality, utility, and clarity of the VA’s OMB Desk Officer, OMB Human Program Analyst, Records Management information to be collected; and (4) Resources and Housing Branch, New Service. ways to minimize the burden of the Executive Office Building, Room 10235, [FR Doc. 03–22197 Filed 8–29–03; 8:45 am] collection of information on Washington, DC 20503, (202) 395–7316. BILLING CODE 8320–01–P respondents, including through the use VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52271 of automated collection techniques or established by law for veterans and their services as well as customer the use of other forms of information survivors, and service personnel. expectations and desires. The results of technology. Executive Order 12862, Setting these information collections lead to Title: Generic Clearance for the Customer Service Standards, requires improvements in the quality of VBA Veterans Benefits Administration Federal agencies and departments to service delivery by helping to shape the Customer Satisfaction Surveys. identify and survey its customers to direction and focus of specific programs OMB Control Number: 2900–0569. determine the kind and quality of and services. Type of Review: Extension of a services they want and their level of currently approved collection. satisfaction with existing service. VBA Affected Public: Individuals or Abstract: VBA administers integrated uses customer satisfaction surveys to households and, Businesses or other for- programs of benefits and services, gauge customer perceptions of VA profits. NATIONAL SURVEY ACTIVITIES Estimated Number of annual Frequency of Year respondents burden response (hours) Survey of Veterans’ Satisfaction with the VA Compensation and Pension Claims Process 2004 ...... 24,000 7,290 One-time. 2005 ...... 24,000 7,290 One-time. 2006 ...... 24,000 7,290 One-time. Survey of Veterans’/Dependents’ and Servicemembers’ Satisfaction with the VA Education Claims Process 2004 ...... 2,968 979 One-time. 2005 ...... 2,968 979 One-time. 2006 ...... 2,968 979 One-time. Survey of Educational Institution Certifying Officials 2004 ...... 1,000 330 One-time. 2005 ...... 1,000 330 One-time. Survey of Veterans’ Satisfaction with the VA Home Loan Guaranty Process 2004 ...... 7,560 1,262 One-time. 2005 ...... 7,560 1,262 One-time. 2006 ...... 7,560 1,262 One-time. VA Loan Guaranty Lender Satisfaction Survey 2004 ...... 1,992 498 One-time. 2005 ...... 1,992 498 One-time. 2006 ...... 1,992 498 One-time. VA Survey of Veterans’ Satisfaction with the Vocational Rehabilitation & Employment Program 2004 ...... 3,300 1,089 One-time. 2005 ...... 3,300 1,089 One-time. 2006 ...... 3,300 1,089 One-time. Insurance Customer Surveys 2004 ...... 2,800 280 One-time. 2005 ...... 2,800 280 One-time. 2006 ...... 2,800 280 One-time. Undetermined Focus Groups (Targeted population groups are to be decided) 2004 ...... 500 1,000 One-time. 2005 ...... 500 1,000 One-time. 2006 ...... 500 1,000 One-time. Telephone Survey 2004 ...... 7,200 1,224 One-time. 2005 ...... 7,200 1,224 One-time. 2006 ...... 7,200 1,224 One-time. VA Regional Office-Based Survey Activities—Customer Satisfaction Focus Groups 2004 ...... 600 1,800 One-time. 2005 ...... 600 1,800 One-time. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52272 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices NATIONAL SURVEY ACTIVITIES—Continued Estimated Number of annual Frequency of Year respondents burden response (hours) 2006 ...... 600 1,800 One-time. VA Regional Office-Specific Service Improvement Initiatives (Comment Card) 2004 ...... 80,000 6,640 One-time. 2005 ...... 80,000 6,640 One-time. 2006 ...... 80,000 6,640 One-time. Most customer satisfaction surveys By direction of the Secretary. FOR FURTHER INFORMATION CONTACT: will be recurring so that VBA can create Jacqueline Parks, Nancy J. Kessinger at (202) 273–7079 or ongoing measures of performance and to IT Specialist, Records Management Service. FAX (202) 275–5947. determine how well the agency meets [FR Doc. 03–22198 Filed 8–29–03; 8:45 am] SUPPLEMENTARY INFORMATION: Under the customer service standards. Each BILLING CODE 8320–01–P PRA of 1995 (Pub. L. 104–13; 44 U.S.C. collection of information will consist of 3501–3520), Federal agencies must the minimum amount of information obtain approval from the Office of necessary to determine customer needs DEPARTMENT OF VETERANS Management and Budget (OMB) for each and to evaluate VBA’s performance. AFFAIRS collection of information they conduct VBA expects to conduct an estimated or sponsor. This request for comment is 100 focus groups and receive up to [OMB Control No. 2900–0154] being made pursuant to section 80,000 comment cards involving a total 3506(c)(2)(A) of the PRA. of 6,640 hours each year for 2004, 2005, Proposed Information Collection With respect to the following and 2006. In addition, VBA expects to Activity: Proposed Collection; collection of information, VBA invites distribute written surveys with a total Comment Request comments on: (1) Whether the proposed annual burden of approximately 16,052 collection of information is necessary hours in 2004, 16,382 hours in 2005, AGENCY: Veterans Benefits for the proper performance of VBA’s and 16,382 hours in 2005. The grand Administration, Department of Veterans functions, including whether the totals for both focus groups, comment Affairs. information will have practical utility; cards, and written surveys are: 22,692 ACTION: Notice. (2) the accuracy of VBA’s estimate of the hours in 2004, 23,022 hours in 2005, burden of the proposed collection of and 23,022 hours in 2006. SUMMARY: The Veterans Benefits information; (3) ways to enhance the Anyone may view the results of Administration (VBA), Department of quality, utility, and clarity of the previously administered surveys on the Veterans Affairs (VA), is announcing an information to be collected; and (4) internet by going to the following VBA opportunity for public comment on the ways to minimize the burden of the surveys Web site: http:// proposed collection of certain collection of information on www.vba.va.gov/surveys/. information by the agency. Under the respondents, including through the use The areas of concern to VBA and its Paperwork Reduction Act (PRA) of of automated collection techniques or customers may change over time, and it 1995, Federal agencies are required to the use of other forms of information is important to have the ability to publish notice in the Federal Register technology. evaluate customer concerns quickly. concerning each proposed collection of Title: Application for VA Education OMB will be requested to grant generic information, including each revision of Benefits, VA Form 22–1990. OMB Control Number: 2900–0154. clearance approval for a 3-year period to a currently approved collection and Type of Review: Revision of a conduct customer satisfaction surveys, allow 60 days for public comment in currently approved collection. focus groups and to send out comment response to the notice. This notice solicits comments for information Abstract: Veterans, servicepersons cards. Participation in the surveys, focus and members of the selected reserve groups, and comment cards will be needed to determine veterans, servicepersons and members of the must complete VA Form 22–1990 to voluntary and the generic clearance will apply for education benefits under not be used to collect information selected reserve eligibility for education benefits. chapters 30 and 32 of title 38 U.S.C, required to obtain or maintain eligibility chapter 1606 of title 10 U.S.C., and for a VA program or benefit. In order to DATES: Written comments and section 903 of Public Law 96–342. The maximize the voluntary response rates, recommendations on the proposed information requested on VA Form 22– the information collection will be collection of information should be 1990 is used to determine the designed to make participation received on or before November 3, 2003. applicant’s eligibility to education convenient, simple, and free of ADDRESSES: Submit written comments benefits. The form was modified to unnecessary barriers. Baseline data on the collection of information to enact the transfer of chapter 30 benefits obtained through these information Nancy J. Kessinger, Veterans Benefits to dependents. Under Public Law 107– collections will be used to improve Administration (20S52), Department of 107, a veteran’s spouse or child can customer service standards. VBA will Veterans Affairs, 810 Vermont Avenue, apply for chapter 30 benefits that the consult with OMB regarding each NW., Washington, DC 20420 or e-mail: veteran has transferred to the spouse or specific information collection during [email protected]. Please refer to child. this approval period. ‘‘OMB Control No. 2900–0154’’ in any Affected Public: Individuals or Dated: August 15, 2003. correspondence. households. VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Notices 52273 Estimated Annual Burden: 72,000 DEPARTMENT OF VETERANS contingency planning. The agenda for hours. AFFAIRS the meeting will include discussions of Estimated Average Burden Per strategic clinical issues of research, Special Medical Advisory Group; Respondent: 54 minutes. education and training of health care Notice of Meeting professionals, health manpower, and Frequency of Response: Only once. The Department of Veterans Affairs long term care. Estimated Number of Respondents: gives notice under Public Law 92–463 Any member of the public wishing to 80,000. (Federal Advisory Committee Act) that attend should contact Ms. Sylvia Best, Dated: August 21, 2003. the Special Medical Advisory Group Office of the Under Secretary for Health, By direction of the Secretary: will meet on October 15, 2003, from 9 Department of Veterans Affairs, at (202) a.m. to 2 p.m. The meeting will be held 273–5806. No time will be set aside at Denise McLamb, at the Department of Veterans Affairs this meeting for receiving oral Program Analyst, Records Management Central Office, 810 Vermont Avenue, presentations from the public. Service. NW., Room 830, Washington, DC. The Statements, in written form, may be [FR Doc. 03–22199 Filed 8–29–03; 8:45 am] meeting is open to the public. filed before the meeting or within 10 BILLING CODE 8320–01–P The purpose of the Special Medical days after the meeting. Advisory Group is to advise the Dated: August 20, 2003. Secretary and Under Secretary for Health on matters relating to the care By Direction of the Secretary. and treatment of veterans, and other E. Philip Riggin, matters pertinent to the Veterans Health Committee Management Officer. Administration such as research, [FR Doc. 03–22196 Filed 8–29–03; 8:45 am] education and training, and VA/DOD BILLING CODE 8320–01–M VerDate jul<14>2003 15:30 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\02SEN1.SGM 02SEN1 52274 Corrections Federal Register Vol. 68, No. 169 Tuesday, September 2, 2003 This section of the FEDERAL REGISTER DEPARTMENT OF HEALTH AND Friday, August 22, 2003, make the contains editorial corrections of previously HUMAN SERVICES following correction: published Presidential, Rule, Proposed Rule, On page 50778, in the first column, and Notice documents. These corrections are Centers for Disease Control and under the heading Application prepared by the Office of the Federal Prevention Deadline: ‘‘ September 22, 2003’’ should Register. Agency prepared corrections are read ‘‘ November 20, 2003’’. issued as signed documents and appear in [Program Announcement 04011] the appropriate document categories [FR Doc. C3–21514 Filed 8–29–03; 8:45 am] elsewhere in the issue. Grants for Injury Control Research BILLING CODE 1505–01–D Centers; Notice of Availability of Funds Correction In notice document 03–21514 beginning on page 50778 in the issue of VerDate Jan<31>2003 16:07 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\02SECX.SGM 02SECX Tuesday, September 2, 2003 Part II Federal Communications Commission 47 CFR Part 51 Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced Telecommunications Capability; Final Rule and Proposed Rule VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02SER2.SGM 02SER2 52276 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations FEDERAL COMMUNICATIONS Competition Bureau’s TTY number: determining what network elements COMMISSION (202) 418–0484. should be made available for purposes SUPPLEMENTARY INFORMATION: This is a of section (c)(3), the Commission shall 47 CFR Part 51 summary of the Commission’s Report consider, at a minimum, whether ‘‘(A) [CC Docket Nos. 01–338; CC Docket No. and Order and Order on Remand in CC access to such network elements as are 96–98; CC Docket No. 98–147; FCC 03–36] Docket No. 01–338, CC Docket No. 96– proprietary in nature is necessary; and 98, and CC Docket No. 98–147; FCC 03– (B) the failure to provide access to such Review of the Section 251 Unbundling 36, adopted February 20, 2003, and network elements would impair the Obligations of Incumbent Local released August 21, 2003. The full text ability of the telecommunications Exchange Carriers; Implementation of of this document may be purchased carrier seeking access to provide the the Local Competition Provisions of from the Commission’s duplicating services that it seeks to offer.’’ the Telecommunications Act of 1996; contractor, Qualex International, Portals 3. In addition, the Act preserves a Deployment of Wireline Services II, 445 12th Street, SW., Room CY–B402, state role in addressing unbundling Offering Advanced Washington, DC 20554, telephone (202) issues. First, section 252 authorizes states to review and to arbitrate Telecommunications Capability 863–2893, facsimile (202) 863–2898, or interconnection agreements for via e-mail [email protected]. It is also AGENCY: Federal Communications compliance with the requirements of available on the Commission’s Web site Commission. sections 251 and 252 and this at http://www.fcc.gov/Bureaus/ ACTION: Final rule. Commission’s implementing rules. Wireline_Competition/in- Second, section 251(d)(3) also preserves SUMMARY: In this document, the Federal region_applications. Communications Commission states’ independent state law authority (Commission) adopts rules which Synopsis of the Report and Order and to address unbundling issues to the establish a new standard for Order on Remand extent that the exercise of that authority determining the existence of does not conflict with federal law. 1. Background. In the Notice of 4. Definition of Network Element. The impairment under section 251(d)(2) of Proposed Rulemaking (NPRM) (67 FR Commission interprets the definition of the Act, sets forth a new list of 1947, Jan. 15, 2002), the Commission ‘‘network element’’ in section 153(29) to unbundled network elements (UNEs), sought comment on many issues refer to an element of the incumbent’s and creates a specifically defined role concerning the unbundling obligations network that is capable of being used to for the states in the unbundling inquiry. of incumbent local exchange carriers provide a telecommunications service. The new interpretation of the ‘‘impair’’ (LECs) under section 251(c)(3) of the 5. Impair Standard. The Commission standard in section 251(d)(2) finds a Communications Act of 1934, as finds a requesting carrier to be requesting carrier to be impaired when amended by the Telecommunications ‘‘impaired’’ under section 251(d)(2) lack of access to a facility in the Act of 1996 (the Act). After the when lack of access to an incumbent incumbent LEC’s network poses a Commission issued the NPRM, the LEC network element poses a barrier or barrier or barriers to entry, including United States Court of Appeals for the barriers to entry, including operational operational and economic barriers, that District of Columbia Circuit issued its and economic barriers, that are likely to are likely to make entry into a market opinion in United States Telecom make entry into a market uneconomic. uneconomic. The Commission reaffirms Association v. FCC (USTA), in which it This granular analysis is informed by that the ‘‘at a minimum’’ language of vacated and remanded the consideration of the relevant barriers to section 251(d)(2) permits the Commission’s prior unbundling rules. entry, as well as a careful examination Commission to take into account factors The Commission issues this Report and of the evidence, especially marketplace other than the ‘‘impair’’ and Order and Order on Remand (Order) to evidence showing whether entry has ‘‘necessary’’ standards, particularly complete the rulemaking it began with already occurred in particular markets important goals of the 1996 Act, when the NPRM and respond to the D.C. without reliance on the incumbent making unbundling determinations. The Circuit’s concerns regarding the prior LEC’s networks but instead through self- Commission applies its unbundling rules. provisioning or reliance on third-party analysis to individual elements in a 2. Section 251(c)(3) of the Act requires sources. more granular manner than before. that incumbent LECs provide UNEs to 6. Several types of barriers to entry Under this more granular approach, the other telecommunications carriers. inform the ‘‘impair’’ analysis. Scale Commission determines whether Section 153(29) of the Act defines economies, particularly when combined impairment varies by geographic ‘‘network element’’ as ‘‘a facility or with sunk costs and first mover location, customer class, and service, equipment used in the provision of a advantages, can pose a powerful barrier including a consideration of the type telecommunications service,’’ specifying to entry. The Commission will consider and capacity of the facilities to be used. that ‘‘[s]uch term also includes features, the pervasiveness of scale economies to DATES: Effective October 2, 2003. functions, and capabilities that are determine whether, in combination with FOR FURTHER INFORMATION CONTACT: provided by means of such facility or other factors, they are likely to make Jeremy Miller, Attorney-Advisor, equipment, including subscriber entry uneconomic. For similar reasons, Wireline Competition Bureau, at (202) numbers, databases, signaling systems, the Commission also examines scope 418–1580 or via the Internet at and information sufficient for billing economies to determine whether they, [email protected]. The complete text of and collection or used in the too, could contribute to a barrier to this Report and Order and Order on transmission, routing, or other entry. Sunk costs, particularly when Remand is available for inspection and provisions of a telecommunications combined with scale economies, can copying during normal business hours service.’’ Section 251(d)(2) of the Act pose a formidable barrier to entry. First in the FCC Reference Information establishes a general federal standard for mover advantages can contribute to the Center, Portals II, 445 12th Street, SW., use in determining the UNEs that must factors described above. First mover Room CY–A257, Washington, DC 20554. be made available by the incumbent advantages can include preferential Further information may also be LECs pursuant to section 251. Section access to buildings, access to rights of obtained by calling the Wireline 251(d)(2) provides that ‘‘[i]n way, the higher risk of a new entrants’ VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52277 failure (often exacerbated by high sunk Subsequently, the USTA decision among other things, that the costs), the fact that the incumbent LEC directed the Commission to approach Commission had not adequately has substantial sunk capacity, the section 251(d)(2) impairment explained its decision to adopt operational difficulties faced by an analysis by considering market-specific nationwide unbundling requirements in entrant that have already been worked variations in impairment. The light of the implicit support flows found out by the incumbent LEC when it built Commission applies several types of in telecommunications rates. In out its network as a monopolist, granularity in the unbundling analysis, reaching this conclusion, the court consumers’ reluctance to switch including considerations of customer expressed concerns about the carriers, and advertising and brand class, geography, and service. In Commission’s approach to unbundling name preference. The Commission also addition, within discussions of specific both in areas where the incumbent examines those barriers to entry that are network elements, the Commission LEC’s retail rates may exceed its costs solely or primarily within the control of injects granularity into the analysis by (presumably referring to historic costs) the incumbent LEC. The Commission considering types and capacities of and in areas where incumbent LEC looks to these barriers because it is facilities. retail rates may be below cost. By within the control of the incumbent LEC 10. In particular, with regard to focusing on the economic and to eliminate them or mitigate their customer class, the Commission finds operational viability of entry in different effects, which could eliminate the need that the economic characteristics of the market segments, the revised to unbundle network elements to mass market and enterprise market can impairment standard addresses the overcome them. be sufficiently different that they issue of implicit support flows in a 7. Evidence of Impairment. Actual constitute major market segments. With manner that is responsive to the marketplace evidence is the most regard to geographic granularity, the concerns raised by the D.C. Circuit. At persuasive and useful kind of evidence Commission considers whether the same time, the Commission submitted to show that impairment does impairment varies geographically concludes that the statute is best not exist, in particular granular throughout the country. In those interpreted as giving it considerable evidence that new entrants are instances where the record permits the discretion to address the relationship providing retail services in the relevant Commission to create unbundling rules between implicit support flows and its market using non-incumbent LEC that apply nationally, it does so. In other impairment analysis. In general terms, facilities. The Commission gives instances, the Commission may delegate the new impairment standard provides substantial weight to evidence of authority to state commissions to ensure that a requesting carrier is deemed to be alternative deployment, but will not that the unbundling rules are impaired when lack of access to an find it conclusive or presumptive of no implemented on the most accurate level incumbent LEC network element poses impairment without additional possible while still preserving a barrier or barriers to entry, including information. On the other hand, if the administrative practicality. operational and economic barriers, that 11. Finally, with regard to the marketplace evidence shows that new are likely to make entry into a market different services that competitors may entrants have not widely deployed a uneconomic. The impairment standard wish to offer using UNEs, the particular kind of facility, the is unlikely to result in unwarranted Commission adopts an approach that Commission will consider the facts as unbundling in the case of areas and obligates incumbent LECs to provide some evidence that barriers to entry in services for which local exchange rates access to UNEs only when requesting that market for that element are generally exceed the incumbent LEC’s preventing the deployment, but will not carriers seek to use those elements to costs. In addition, were the impairment presume from lack of entry or lack of compete against those services that standard to require unbundling for deployment, however, that there are traditionally have been the exclusive services and areas with ‘‘below cost’’ barriers to entry in the relevant market, domain of incumbent LECs, or rates where actual competitive entry or that any barriers cannot be overcome ‘‘qualifying services.’’ ‘‘Qualifying does not take place, little harm would through means other than unbundling services’’ include, for example, local result. The statute contains an without further analysis. The exchange service, such as POTS, and exemption from the unbundling Commission also gives weight to access services, such as special access requirements for rural carriers and evidence that intermodal alternatives using high-capacity circuits. Once a provides for state modification or can be used to provide requesting carrier has obtained access to telecommunications service. a UNE to provide a ‘‘qualifying service,’’ suspension of the unbundling 8. The application of the ‘‘impair’’ the carrier may use that UNE to provide requirements for incumbent carriers standard does not change depending on any additional services, including non- serving, in the aggregate, less than two whether a new entrant is providing qualifying telecommunications and percent of the nation’s access lines. This retail or wholesale services. The information services. In order to gain allows the states to prevent any Commission also reaffirms its prior access to a UNE under section 251(c)(3), problems that they believe might result conclusion in the UNE Remand Order, a requesting carrier must provide a from unbundling requirements in these 65 FR 2367 (Jan. 14, 2000) to afford little ‘‘telecommunications service,’’ and circumstances. weight to evidence that requesting specifically a qualifying 13. The ‘‘Necessary’’ Standard. carriers are using incumbent LEC telecommunications service, over that Section 251(d)(2) requires the tariffed services. UNE. The Commission has interpreted Commission, in making its unbundling 9. Granularity of the Impairment ‘‘telecommunications services’’ to mean determination, to consider whether Analysis. In the NPRM, the Commission services offered on a common carrier ‘‘access to such network elements as are asked many questions about whether basis. proprietary in nature is necessary.’’ The and how to make the unbundling 12. Implicit Support Flows. In the Commission determines to readopt the analysis more granular by considering USTA decision, the D.C. Circuit interpretation of ‘‘necessary’’ that it gave such factors as specific services, specific addressed the question of implicit in the UNE Remand Order: a proprietary geographic locations, the different types support flows and their relationship to network element is ‘‘necessary’’ if, and capacities of facilities, and the Commission’s decision making taking into consideration the availability customer and business considerations. under section 251. The court concluded, of alternative elements outside the VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52278 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations incumbent’s network, including self- granular approach, the Commission office and the customer’s premises, provisioning by a requesting carrier or makes clear that any action taken by the including all intermediate devices (e.g., acquiring an alternative from a third- states pursuant to this delegated repeaters, load coils) used to establish party supplier, lack of access to that authority must be in conformance with the transmission path. This network element would, as a practical, the Act and the regulations set forth element includes all local loops economic, and operational matter, herein. The Commission also finds that comprised of copper cable, whether in preclude a requesting carrier from the 1996 Act preserved the states’ active service or deployed as spares. providing the services it seeks to offer. authority to prescribe access obligations Incumbent LECs also must provide the 14. ‘‘At a Minimum’’. Section pursuant to state law in section requesting carriers with 251(d)(2) provides that ‘‘the 251(d)(3), but only to the extent that nondiscriminatory access to the same Commission shall consider, at a state laws or regulations do not conflict detailed loop information that is minimum, whether * * * the failure to with or frustrate the Act and its available to the incumbent LEC in the provide access to such network purposes or substantially prevent the same time intervals it is provided to the elements would impair the ability of the federal implementation regime. incumbent LEC’s retail operations. telecommunications carrier seeking 17. If a state commission fails to 20. The Commission reaffirms the access to provide the services that it perform the granular inquiry this existing rules that require incumbent seeks to offer.’’ While this phrase Commission delegates to it, any LECs to permit competing carriers to permits the Commission to take factors aggrieved party may petition this engage in line splitting where a other than ‘‘necessary’’ and ‘‘impair’’ Commission to step into the state’s role. competing carrier purchases the whole into account in making the unbundling Any carrier seeking Commission review loop and provides its own splitter. For determination, the Commission applies of a state commission’s failure to act purposes of clarity and regulatory ‘‘at a minimum’’ with restraint. In this shall file a petition with this certainty, however, the Commission also Order, the Commission has not required Commission that explains with adopts line splitting-specific rules, the unbundling of any network element specificity the bases for the petition and including the requirement that in the absence of impairment. But it has information that supports the claim that incumbent LECs modify their OSS to used this authority to inform its the state has failed to act. The facilitate line splitting. consideration of unbundling in contexts Commission will issue a public notice 21. The Commission requires where some level of impairment may seeking comment on the petition and incumbent LECs to provide unbundled exist, but unbundling appeared likely to rule on the petition within ninety days access to their copper subloops, i.e., the undermine important goals of the 1996 from this public notice. If the distribution plant consisting of the Act, such as in the analyses of fiber-to- Commission agrees that the state has copper transmission facility between a the-home and hybrid loops. failed to act, it will assume remote terminal and the customer’s 15. Role of the States. The 1996 Act— responsibility for the proceeding and premises, including inside wire. To specifically sections 251(d)(3) and make any findings in accordance with facilitate competitive LEC access to the 252(e)(3)—preserves the states’ the rules set forth herein. These findings copper subloop UNE, the Commission authority to establish unbundling will be made nine months from the time requires incumbent LECs to provide, regulations pursuant to state law as long the Commission has assumed upon a site-specific request, access to as the exercise of state authority does responsibility for the proceeding. the copper subloop at a splice near their not conflict with the Act and its 18. Parties that believe that a remote terminals. Unlike the purposes or substantially prevent the particular state unbundling obligation Commission’s previous subloop Commission’s implementation. In (imposed pursuant to state law) is unbundling rules, the Commission does addition, sections 261(b) and (c) inconsistent with the limits of section not require incumbent LECs to provide generally preserve state authority to take 251(d)(3)(B) and (C) may seek a unbundled access to their feeder loop action pursuant to state law, provided declaratory ruling from this plant as stand-alone UNEs. The that such action is consistent with the Commission. If a decision pursuant to Commission expects, however, that Act and the federal framework. The state law were to require the unbundling incumbent LECs will develop wholesale Communications Act assigns the of a network element for which the service offerings for access to their fiber Commission the responsibility for Commission has either found no feeder, which would be subject to establishing a framework to implement impairment—and thus has found that sections 201 and 202 of the Act. the unbundling requirements of section unbundling that element would conflict 22. The Commission finds that 251(d)(2). In this Order, the Commission with the limits in section 251(d)(2)—or unbundled access to conditioned, stand- creates rules for UNEs based on the otherwise declined to require alone copper loops is sufficient to impairment standard and marketplace unbundling on a national basis, it is overcome impairment for the provision developments over the past three years. unlikely that such decision would fail to of broadband services. Consequently, The Commission recognizes that conflict with, and thus would the Commission finds that, subject to competition has evolved at a different ‘‘substantially prevent’’ implementation the grandfather provision and transition pace in different geographic markets of the federal regime, in violation of period, incumbent LECs do not have to and for different market segments. Thus, section 251(d)(3)(C). unbundle the high-frequency portion of to ensure that the proper degree of 19. Mass Market Loops. The the local loop (HFPL) for requesting unbundling occurs, the Commission Commission finds that requesting telecommunications carriers. relies, in certain instances when such carriers are impaired on a national basis 23. The Commission adopts an analysis is necessary, on market-by- without unbundled access to an interim grandfathering rule to help market fact-finding determinations incumbent LEC’s local loops used to alleviate the impact of the elimination made by the states. provide narrowband services to the of the HFPL UNE on competitive LECs 16. While the Commission delegates mass market. The Commission thus and end user customers. Until the next to the states a role in the requires that incumbent LECs provide biennial review, the Commission implementation of the federal unbundled access to the complete grandfathers all existing line sharing unbundling requirements for certain transmission path comprised of a arrangements unless the respective network elements that require this more copper local loop between the central competitive LEC discontinues providing VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52279 xDSL service to the particular end user new loops or replacements of a pre- telecommunications infrastructure in customer. During this interim period, existing copper loops. The Commission direct opposition to the express the Commission directs incumbent LECs does not require incumbent LECs to statutory goals authorized in section 706 to charge the same price for access to provide unbundled access to new FTTH of the Telecommunications Act of 1996. the HFPL for those grandfathered loops for either narrowband or Further, a primary benefit of customers as the incumbent LECs broadband services. Regarding unbundling hybrid loops—to spur charged prior to the effective date of this ‘‘overbuild’’ deployment in which an competitive deployment of broadband Order. incumbent LEC constructs fiber services to the mass market—appears to 24. The Commission also adopts a transmission facilities parallel to or in be obviated to some degree by the three-year transition period for new line replacement of its existing copper plant, existence of cable broadband service sharing arrangements of requesting the Commission must ensure continued competitors, which have a leading carriers. During the first year, which access to an unbundled transmission position in the marketplace. The begins on the effective date of this path suitable for providing narrowband Commission thus does not require Order, competitive LECs may obtain services to customers served by FTTH incumbent LECs to unbundle any new line sharing customers using the loops. In this situation, incumbent LECs transmission path over a fiber HFPL at recurring charge equal to 25 have the option to either (1) keep the transmission facility between the central percent of the state-approved rates or existing copper loop connected to a office and the customer’s premises the agreed-upon rates in existing particular customer location after (including fiber feeder plant) that is interconnection agreements for stand- deploying FTTH; or (2) provide used to transmit packetized information. alone copper loops for that location. unbundled access to a 64 kbps Moreover, the Commission does not During the second year, the recurring transmission path over its FTTH loop. require incumbent LECs to provide charge for access to the HFPL for Incumbent LECs do not have to offer unbundled access to any electronics or customers acquired after the effective unbundled access to overbuilt fiber other equipment used to transmit date of this Order will increase to 50 loops for competing carriers to provide packetized information over hybrid percent of the state-approved rate or the broadband services. loops, such as the xDSL-capable line agreed-upon rate in existing 27. The Commission finds that a cards installed in DLC systems or interconnection agreements for a stand- blanket prohibition on the ability of equipment used to provide passive alone copper loop for that location. In incumbent LECs to retire any copper optical networking (PON) capabilities to the last year of the transition period, the loops or subloops they have replaced the mass market. recurring charge for access to the HFPL with FTTH loops is unnecessary at this 29. The Commission requires for those customers obtained after the time because existing rules, with minor incumbent LECs to provide unbundled effective date of this Order will increase modifications, serve as adequate access to the entire non-packetized to 75 percent of the state-approved rate safeguards. Because the retirement of transmission path capable of voice- or the agreed-upon rate for a stand-alone copper loop plant is a network grade service between the central office loop for that location. After the modification that affects the ability of and customer’s premises. This transition period, any new customer competitive LECs to provide service, the unbundling obligation for narrowband must be served through a line splitting Commission clarifies that incumbent services is limited to the TDM-based arrangement, through use of a stand- LECs must provide notice of such features, functions, and capabilities of alone copper loop, or through an retirement in accordance with our rules. these hybrid loops. Incumbent LECs arrangement that a competitive LEC has The Commission revises its network may elect, instead, to provide homerun negotiated with the incumbent LEC to modification rules with respect to the copper loops rather than a TDM-based replace line sharing. If line sharing retirement of copper loops to allow narrowband pathway over their hybrid obligations are imposed by a state law parties to file objections to the loop facilities if the incumbent LEC has decision after the effective date of this incumbent LEC’s notice of such not removed such loop facilities. The Order, any party that believes such retirement on the basis that competitors Commission further requires incumbent decision is inconsistent with the limits will be denied access to the loop LECs to provide requesting carriers of sections 251(d)(3)(B) and (C) may facilities required under our rules. This access to a transmission path over seek a declaratory ruling from this process does not preempt the ability of hybrid loops served by Integrated DLC Commission. any state commission to evaluate an systems. 25. In addition, incumbent LECs are incumbent LEC’s retirement of its 30. The Commission retains only required to provide access to the copper loops to ensure that such competitive LECs’ existing right to HFPL if the incumbent LEC is retirement complies with any applicable obtain unbundled access to hybrid loops providing, and continues to provide, state requirements. capable of providing DS1 and DS3 analog circuit-switched voiceband 28. In making our unbundling service. Incumbent LECs remain services on the loop over which the determination for hybrid loops, the obligated to comply with the requesting carriers seeks access to Commission considers both impairment nondiscrimination requirements of provide ADSL service. In the event that and, through our section 251(d)(2) ‘‘at a section 251(c)(3) in their provision of the customer ceases purchasing voice minimum’’ authority, additional factors. loops to requesting carriers, including service from the incumbent LEC, either The Commission declines to require stand-alone spare copper loops, copper the new voice provider or the xDSL incumbent LECs to unbundle the next- subloops, and the features, functions, provider, or both, must purchase the full generation network, packetized and capabilities for TDM-based services stand-alone loop to continue providing capabilities of their hybrid loops to over their hybrid loops. The xDSL service. Incumbent LECs may also enable requesting carriers to provide Commission prohibits incumbent LECs maintain control over the loop and broadband services to the mass market. from engineering the transmission splitter equipment and functions. The Commission concludes that capabilities of their loops in a way that 26. The Commission concludes that applying section 251(c) unbundling would disrupt or degrade the local loop the level of impairment without access obligations to these next-generation UNEs (either hybrid loops or stand- to fiber to the home (FTTH) loops varies network elements would blunt the alone copper loops) provided to depending on whether such loops are deployment of advanced competitive LECs. VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52280 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 31. Enterprise Market Loops. The level or type of loop the requesting Specifically, based on the evidence in Commission concludes that different carrier will provision to its customer. the record, the Commission makes the economic characteristics affect Unbundled access must be provided at following determinations. First, due to alternative loop deployment according any technically feasible accessible the ability to self-deploy or utilize to whether the loop facility is dark fiber terminal at or near the multiunit unbundled dark fiber or multiple or ‘‘lit’’ fiber, as well as the loop premise, including but not limited to, a unbundled DS3 circuits, the capacity level. The Commission finds pole or pedestal, a network interface Commission finds on a national level that incumbent LECs are no longer device (NID), the MPOE, the single that requesting carriers are not impaired required to unbundle OCn loops, point of interconnection (SPOI) or a without access to unbundled OCn nationwide. Incumbent LECs must feeder distribution interface. Upon transport facilities. Second, due to continue to offer, on a nationwide basis, notification by a requesting carrier that barriers to entry, including high sunk unbundled access to dark fiber loops, interconnection at a multiunit premise costs, and the general lack of DS3 loops (limited to two DS3 loops per is required through a SPOI, an alternatives in most areas, it finds on a requesting carrier per customer location) incumbent LEC is required to provide a national level that requesting carriers and DS1 loops, except at specified SPOI at that multiunit premise if the are impaired without access to customer locations where state incumbent LEC owns, controls or leases unbundled dark fiber, DS3, and DS1 commissions have found no impairment the wiring at such premise. A requesting transport facilities. However, the record based on federally-defined triggers carrier accessing a subloop on the indicates that competitive dark fiber, within nine months of the effective date incumbent LEC’s network side of the DS3, and DS1 transport facilities are of this Order. NID obtains the NID functionality as available on a wholesale basis in some 32. Specifically, a state commission part of that subloop. areas, and that competing carriers have must determine that unbundling is no 34. Network Interface Device (NID). deployed their own transport networks longer required at a specific customer The Commission concludes that the NID in some areas. Because the record is not location for dark fiber or DS3 loops must remain available as a stand-alone sufficiently detailed concerning exactly when two or more unaffiliated unbundled network element as the where these facilities have been competitive LECs have self-provisioned means to enable a competitive LEC to deployed, and because the nature of their own transmission facilities at the connect its loop to customer premise transport facilities requires a highly same loop capacity level to that inside wiring. The NID is the gateway to granular impairment analysis, the customer location. A state commission the consumer and thus a key element to Commission establishes specific triggers must determine that unbundling is no local competition. The record shows for states to apply in conducting such an longer required at a specific customer that the NID may often be the only analysis. It establishes two ways for location for DS3 loops or DS1 loops means through which a competitive LEC states to identify where requesting when two or more unaffiliated can provide facilities-based service to carriers are not impaired without competitive providers offer wholesale customers, particularly those located in unbundled transport: (1) By identifying loops at the same capacity level to multiunit premises. The NID is defined specific point-to-point routes where competitive LECs at that customer as any means of interconnecting the carriers have the ability to use two or location. State commissions have a incumbent LEC’s loop distribution plant more alternatives to the incumbent’s continuing responsibility to conduct to wiring at a customer premises network, or (2) by identifying specific periodic granular reviews of location. Incumbent LECs must offer point-to-point routes where three or impairment, which must be completed unbundled access to the NID on a stand more competing carriers have self- within six months of a petition to alone basis to carriers requesting only deployed transport facilities. The initiate each subsequent review. stand-alone NID access. An incumbent Commission delegates to state regulators 33. Subloops for Multiunit Premises LEC shall permit a requesting carrier to the authority to make findings of fact Access. The Commission concludes that connect its loop facilities through the within the scope of these triggers to competitive carriers are impaired on a incumbent LEC’s NID. nationwide basis without access to 35. Dedicated Transport. Pursuant to identify on a more granular scale where unbundled subloops used to access the approach of the NPRM, the carriers are not impaired without access customers in multiunit premises. Based Commission adopts in this Order a more to incumbent LEC unbundled transport. on evidence in the record, the barriers granular unbundling analysis for In addition to allowing a more precise faced by requesting carriers in accessing transport facilities. See Review of the finding of impairment, the customers in multiunit premises are not Section 251 Unbundling Obligations of Commission’s analysis provides a unique to customers typically associated Incumbent Local Exchange Carriers, 67 roadmap for deregulation where with the enterprise market residing in FR 1947 (2002) (proposed Jan. 15, 2002). regulation does not serve the goals of such premises but extend to all As an initial matter, the Commission the Act. customers residing therein, including limits its definition of the dedicated 36. Local Circuit Switching. The residential or other tenants typically transport network element to only those Commission finds that, on the national associated with the mass market. transmission facilities connecting level, competitive LECs are not Similarly, impairment is also not incumbent LEC switches or wire centers impaired without access to unbundled limited by the type or capacity of the as this provides a reasonable local circuit switching when serving loop the requesting carrier will provide. interpretation of an incumbent LEC’s DS1 enterprise customers. DS1 The Commission finds that incumbent unbundling obligations. The enterprise customers are served using LECs must offer unbundled access to Commission makes findings regarding DS1 and above capacity facilities, or subloops necessary to access wiring at impairment by evaluating the attributes served by a sufficient number of DS0 or near multiunit customer premises, of each capacity of transport and the lines that state commissions have including the Inside Wire Subloop, i.e., effect of barriers to entry on each. It determined they could be served using all incumbent LEC loop plant between believes that its analysis of transport DS1 and above capacity facilities. The the minimum point of entry (MPOE) at will create market certainty and provide record reveals widespread switch a multiunit premise and the point of incentives for competitive LECs to deployment by competing carriers to demarcation, regardless of the capacity deploy and utilize alternate facilities. serve the DS1 enterprise market and VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52281 establishes that, in most areas, result of such a review, it must consider finding of no impairment, competitive competitive LECs can overcome barriers whether this impairment could be LECs may no longer request access to to serving enterprise customers in an addressed by a narrower rule making unbundled local circuit switching. economic manner using their own unbundled switching temporarily Competitive LECs are required to submit switching facilities in combination with available for a minimum of 90 days for the necessary orders to transition their unbundled loops. The Commission customer acquisition purposes, rather embedded base of unbundled local recognizes, however, that in particular than making unbundled switching circuit switching customers, except markets special circumstances might available for an indefinite period of rolling use customers, in accordance give rise to impairment without access time. State commissions have a with the following schedule: (1) 13 to unbundled local circuit switching for continuing responsibility to conduct months after a finding of no carriers serving DS1 enterprise periodic reviews of impairment for impairment: Each competitive LEC must customers. The Commission thus allows carriers serving the mass market. submit orders for one-third of all its states 90 days from the effective date of 38. The Commission also requires unbundled local circuit switching end this Order to petition the Commission to state commissions to take steps to help users; (2) 20 months after a finding of no waive the finding of no impairment in mitigate the causes of impairment with impairment: Each competitive LEC must individual markets based on specific respect to the mass market. Specifically, submit orders for half of its remaining operational and economic factors. State within nine months of the effective date unbundled local circuit switching end commissions have a continuing of this Order, state commissions must users; and (3) 27 months after a finding responsibility to conduct periodic approve and implement a seamless, of no impairment: Each competitive LEC reviews of impairment for carriers low-cost process for transferring large must submit orders for its remaining serving the DS1 enterprise market. volumes of mass market customers or unbundled local circuit switching end issue detailed findings that such a 37. The Commission further users. ‘‘batch cut’’ process is unnecessary in a 42. Shared Transport. The concludes that, on the national level, particular market. Commission finds that shared transport competitive LECs are impaired without 39. On an interim basis, pending state and switching are inextricably linked. access to unbundled local circuit commission determinations pursuant to Therefore, the Commission finds that switching when serving mass market the framework described above, the requesting carriers are impaired without customers. The record indicates that Commission retains the rule that access to unbundled shared transport to there has been only minimal incumbent LECs are not obligated to the extent that they are impaired deployment of competitive LEC-owned provide unbundled local circuit without access to unbundled local switches to serve mass market switching to requesting carriers for circuit switching. Thus, state customers, and that the characteristics serving customers with four or more commissions in identifying impairment of the mass market give rise to DS0 loops in density zone one of the top for unbundled circuit switching should significant barriers to competitive LECs’ fifty MSAs. Retaining this rule on a also incorporate into their analyses the use of self-provisioned switching to temporary basis minimizes the potential economic characteristics of shared serve mass market customers. In service disruptions that could occur transport. particular, inherent difficulties arise from the changes adopted regarding 43. Packet Switching. Incumbent LECs from the incumbent LEC hot cut process local circuit switching if carriers were are not required to unbundle packet for transferring DS0 loops, typically free to accumulate more DS0 customers switching, including routers and used to serve mass market customers, to while states pursued their inquiries, DSLAMs, as a stand-alone network competing carriers’ switches. This only to risk losing those customers after element. The Order eliminates the national finding of impairment is the states had made their current limited requirement for subject to a more granular review by determinations. unbundling of packet switching. state commissions within nine months 40. The Commission also establishes 44. Signaling Networks. The of the effective date of this Order. The a transition plan to migrate the Commission finds that, in the instances state commission must find that embedded customer base served using in which incumbent LECs will be competing LECs are not impaired in a unbundled switching to an alternative required to provide access to switching particular market if either of two triggers service arrangement when unbundled as a UNE, carriers purchasing the are met: (1) Three or more competing local circuit switching is no longer switching UNE must also gain access to carriers, unaffiliated with the incumbent made available. Competitive carriers incumbent LEC signaling. In all other carrier, each are using their own must transfer their embedded base of cases, however, the Commission switches to serve mass market enterprise customers to an alternative determines that there are sufficient customers in the market or (2) two or service arrangement within 90 days alternatives in the market available and more competing carriers, unaffiliated from the end of the 90-day state competitive LECs are no longer with the incumbent carrier, offer commission consideration period, impaired without access to signaling wholesale local circuit switching to unless a longer period is necessary to networks as UNEs for all markets. The carriers serving mass market customers comply with a ‘‘change of law’’ Commission concludes that, in the last in the market. If the triggers are not provision in an applicable several years, the market for signaling satisfied, the state commissions shall interconnection agreement. networks has matured. The Commission examine evidence of the potential for 41. To the extent a state commission explains that multiple alternative switch self-provisioning in the finds that competing LECs are not providers are available to provide rival particular market, taking into account impaired without unbundled local signaling services to competitive LECs, current switch deployment, revenues, circuit switching in serving mass market and that several competitive carriers are costs, processes, network architecture, customers in a particular market, the building their own signaling network and the other factors that the Commission requires mass market capabilities. Accordingly, the Commission identified as potentially carriers to commit to an implementation Commission finds that, for competitive giving rise to impairment. If a state plan with the incumbent LEC within 2 carriers deploying their own switches, commission makes a finding of months from the finding of no there are no barriers to obtaining impairment in a particular market as a impairment. Within 5 months after a signaling or self-provisioning signaling VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52282 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations capabilities. The Commission further that access to those databases continue 49. The Commission concludes that finds that the appropriate level of to be unbundled. requesting carriers are permitted to granularity for its analysis to be at the 47. OSS Functions. The Commission commingle UNEs and combinations of national level and its conclusions apply finds that competitive LECs providing UNEs with other wholesale facilities equally to the mass market and the qualifying services continue to be and services obtained from an enterprise market. impaired on a national basis without incumbent LEC. Incumbent LECs, 45. Call-Related Databases. The access to OSS functions, including: pre- however, are not required to implement Commission finds that, competitive ordering, ordering, provisioning, any changes to their systems to bill a carriers deploying their own switches maintenance and repair, and billing single circuit at multiple rates in order are not impaired in any market without functions supported by an incumbent to charge competitive LECs a single, access to incumbent LEC call-related LEC’s databases and information. blended rate. databases, with the exception of the 911 Accordingly, the Commission requires 50. The Commission concludes that and E911 databases. The Commission incumbent LECs to continue to provide competitive LECs may both convert concludes that, for carriers deploying unbundled access to OSS. The UNEs and UNE combinations to their own switches, there is evidence in Commission states that this requirement wholesale services and convert the record of substantial numbers of includes an ongoing obligation on the wholesale services to UNEs and UNE competitive suppliers that competitive incumbent LECs to make modifications combinations, so long as the LECs can reliably utilize as an to existing OSS as necessary to offer competitive LEC meets the applicable alternative to the incumbent LECs’ competitive carriers nondiscriminatory eligibility criteria. To the extent a services. In such instances where access and to ensure that the incumbent competitive LEC fails to meet the switching remains a UNE, however, the LEC complies with all of its network eligibility criteria for serving a Commission finds that competitive element, resale and interconnection particular customer, the incumbent LEC carriers purchasing the switching UNE obligations in a nondiscriminatory may convert the UNE or UNE must be able to have access to signaling manner. In reaching this conclusion, the combination to the equivalent wholesale and the call-related databases that the Commission finds that the systems, service in accordance with the signaling networks permit carriers to databases, and personnel that the procedures established between the access, and if the incumbent LEC does incumbent LEC uses to provide OSS parties. 51. The Commission declines to not provide customized routing, to functions represent an extensive require incumbent LECs to provide operator service and directory infrastructure that would be difficult, if requesting carriers an opportunity to assistance. As with signaling, the not impossible, for competitors to supersede or dissolve existing Commission finds that the appropriate duplicate. Accordingly, the Commission contractual arrangements governing level of granularity for its analysis to be finds that competitive LECs are loop-transport combinations. The at the national level. The alternative impaired without access to incumbent Commission concludes, however, that call-related database networks are LECs’ OSS. The Commission adopts an incumbent LECs may not assess national and regional networks that unbundling requirement for OSS termination charges, re-connect and competitive LECs will be able to use functions on a national basis that disconnect fees, or non-recurring throughout the country. In addition, the applies equally to the mass market and charges associated with establishing a Commission states that its conclusions the enterprise market. service for the first time because such apply equally to the mass market and 48. Combinations of Network charges deter legitimate conversions the enterprise market. Elements. The Commission reaffirms its from wholesale services to UNEs or 46. With regard to the specific call- existing rules requiring incumbent LECs UNE combinations and unjustly enrich related databases, the Commission finds to provide UNE combinations upon an incumbent LEC. Further, because that carriers deploying their own request where such combinations are incumbent LECs are never required to switches are not impaired without technically feasible and do not perform a conversion in order to access to the incumbent LECs’ CNAM undermine the ability of other carriers continue serving their own customers, and LIDB databases. The Commission to access UNEs or interconnect with the the Commission concludes that such concludes that carriers can either self incumbent LEC’s network, and charges are inconsistent with an provision or use alternative providers to prohibiting incumbent LECs from incumbent LEC’s duty to provide obtain CNAM and LIDB database separating UNE combinations that are nondiscriminatory access to UNEs and services. The Commission similarly ordinarily combined except upon UNE combinations on just, reasonable, concludes that carriers deploying their request. The Commission concludes that and nondiscriminatory rates, terms, and own switches are not impaired without incumbent LECs shall make UNE conditions, and that such charges access to the Toll-Free and LNP combinations, including unbundled unlawfully subject competitive LECs databases. Like CNAM and LIDB, the loop-transport combinations, available purchasing UNEs or UNE combinations Commission determines that there are in all areas where the underlying UNEs to undue or unreasonable prejudice or third-party vendors available to provide are available and in all instances where disadvantage. competitive carriers access to Toll-Free the requesting carrier meets the 52. Service Eligibility Criteria to and LNP databases. With regard to AIN applicable eligibility requirements. Access UNEs. The Order concludes that databases, the Commission also Apart from the applicable service a carrier seeking access to an unbundled concludes that competitive carriers are eligibility criteria for high-capacity element of the incumbent LEC’s no longer impaired without unbundled circuits, incumbent LECs may not network must provide qualifying service access to those databases if the carrier impose additional conditions or to a customer in order to obtain access deploys its own switches. However, the limitations, such as pre-audits or a to that facility pursuant to the Commission determines that all requirement to purchase special access Commission’s section 251 unbundling competitive carriers continue to be services which are subsequently rules. With respect to combinations of impaired on a national basis without converted to UNE combinations, to high-capacity (DS1 and DS3) loops and access to the 911 and E911 databases obtaining access to EELs and other UNE interoffice transport only, the and, therefore, the Commission requires combinations. Commission adopts additional VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52283 eligibility criteria due to the potential a necessary building block for providing requesting carrier must certify that the for a provider of exclusively non- local voice services and is traditionally switching equipment is either registered qualifying service to obtain access to not used by interexchange carriers. as Class 5 or that it can switch local these combinations at UNE prices. More specifically, because traditional voice traffic. 53. The Commission does not, interexchange configurations route long- 59. The Commission applies the however, impose these additional distance traffic from a customer service eligibility requirements on a requirements on access to UNEs other premises over tariffed channel circuit-by-circuit basis, so each DS1 EEL than high-capacity EELs. To ensure that termination and transport facilities (or combination of DS1 loop with DS3 the Commission’s rules on service directly to an interexchange point-of- transport) must satisfy the service eligibility are not gamed in whole or in presence, a section 251(c)(6) collocation eligibility criteria. For a requesting part, the Commission makes clear that requirement ensures that a carrier has carrier to obtain a DS3 EEL as a UNE, the service eligibility criteria must be set up an architecture that ensures that the requesting carrier must satisfy the satisfied (1) to convert a special access traffic can leave the incumbent network criteria for service eligibility for the circuit to a high-capacity EEL; (2) to prior to hitting the POP. As further DS1-equivalent circuit capacity of that obtain a new high-capacity EEL; or (3) evidence that a carrier provides DS3 EEL. The Commission is persuaded to obtain at UNE pricing part of a high- qualifying voice service, the collocation that while no single requirement can capacity loop-transport combination arrangement must be within the same prevent gaming, the criteria the (commingled EEL). LATA as the customer premises. The Commission adopts are collectively 54. Service Eligibility Criteria for Commission determines that a sufficient to restrict the availability of High-Capacity EELs. The Order requesting carrier can satisfy this prong these UNE combinations to legitimate concludes that where a requesting through reverse collocation, and that providers of local voice service. carrier satisfies the following three any non-incumbent LEC collocation 60. Certification and Auditing. The categories of criteria, it is a bona fide arrangement pursuant to section Commission concludes that requesting provider of qualifying services and thus 251(c)(6) meets this test. carriers may self-certify to satisfying the is entitled to order high-capacity EELs. 57. As an additional indicator of qualifying service eligibility criteria for Requesting carriers must certify to providing local voice service, the high-capacity EELs. The Order does not meeting all three criteria (authorization, Commission concludes that each EEL specify the form for such a self- local number and E911 assignment, and circuit must be served by an certification, but re-adopts the architectural safeguards) to qualify for interconnection trunk in the same Commission’s prior findings that a letter the high-capacity circuit, subject to the LATA as the customer premises served sent to the incumbent LEC by a separate certification and auditing by the EEL, and that for every 24 DS1 requesting carrier is a practical method. requirements. EELs or the equivalent, the requesting The Order concludes that incumbent 55. First, the Commission finds that carrier must maintain at least one active LECs may obtain and pay for an each requesting carrier must have a state DS1 interconnection trunk for the independent auditor to audit, on an certification of authority to provide exchange of local voice traffic. As a annual basis, compliance with the local voice service. Second, to further safeguard against gaming, where qualifying service eligibility criteria. demonstrate that it actually provides a a requesting carrier strips off the calling The independent auditor must perform local voice service to the customer over party number on calls exchanged over its evaluation in accordance with the every DS1 circuit, the Commission finds the interconnection trunk, that trunk standards established by the American that the requesting carrier must have at shall not be counted towards meeting Institute for Certified Public least one local number assigned to each the trunk/EEL ratio. The costs and Accountants (AICPA), which will circuit and must provide 911 or E911 difficulties of network configuration require the auditor to perform an capability to each circuit. To ensure the necessary to satisfy the interconnection ‘‘examination engagement’’ and issue an legitimacy of these assignments, the and collocation requirements minimize opinion regarding the requesting origination and termination of local the potential for these safeguards to be carrier’s compliance with the qualifying voice traffic should not include a toll gamed; only a bona fide provider of service eligibility criteria. To the extent charge, and should not require dialing qualifying local services would the independent auditor’s report special digits beyond those normally undertake these measures, all of which concludes that the competitive LEC required for a local voice call. Further, are a necessary precondition to compete failed to comply with the service the Commission also clarifies that each directly against the incumbent LEC’s eligibility criteria, that carrier must true- DS1-equivalent circuit of a DS3 EEL voice service. The 24-to-1 EEL to up any difference in payments, convert must have its own local number interconnection trunk ratio provides a all noncompliant circuits to the assignment, so that each DS3 must have reliable gauge that the competitive LEC appropriate service, and make the at least 28 local voice numbers assigned exchanges local traffic with the correct payments on a going-forward to it. incumbent LEC in a manner that basis. 56. Third, the Commission finds indicates that it is a bona fide provider 61. In addition, to the extent the additional circuit-specific architectural of local voice service. The Commission independent auditor’s report concludes safeguards to prevent gaming are finds that this ratio therefore provides a that the competitive LEC failed to necessary. Each circuit must terminate reasonable proxy for the capacity of comply in all material respects with the into a collocation governed by section interconnection that a bona fide service eligibility criteria, the 251(c)(6) at an incumbent LEC central provider of local voice service competitive LEC must reimburse the office within the same LATA as the competing against the incumbent LEC incumbent LEC for the cost of the customer premises. In particular, for would require. independent auditor. Similarly, to the this collocation safeguard, the Order 58. In addition, the Commission finds extent the independent auditor’s report finds that termination of a circuit into that each EEL circuit must be served by concludes that the requesting carrier a section 251(c)(6) collocation a Class 5 switch or other switch capable complied in all material respects with arrangement in an incumbent LEC of providing local voice traffic. To the eligibility criteria, the incumbent central office is an effective tool to ensure that the traffic carried over each LEC must reimburse the audited carrier prevent arbitrage, because collocation is EEL is not exclusively non-local, a for its costs associated with the audit. VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52284 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations The Commission also expects that by the just, reasonable and established in section 11 of the Act. requesting carriers will maintain the nondiscriminatory rate standards of These reviews, however, will not be appropriate documentation to support sections 201 and 202. The Commission performed de novo but according to the their certifications. further concludes that following a grant standards of the biennial review 62. Modification of Existing Network. of section 271 authorization, the BOC process. The Commission concludes that must continue to comply with any 68. Duty to Negotiate in Good Faith. incumbent LECs must make routine conditions required for approval, The Commission amends its duty-to- network modifications to unbundled subject to changes in the law. It would negotiate rule 51.301(c)(8)(ii) to make transmission facilities used by be inconsistent with public policy to the rule conform to the text of the Local requesting carriers where the requested impose different—and potentially out- Competition Order. transmission facility has already been of-date or vacated—rules on BOCs based Final Regulatory Flexibility Analysis constructed, meaning that incumbent solely on the date of section 271 entry. LECs must perform those activities that 64. Clarification of TELRIC Rules. The 69. As required by the Regulatory incumbent LECs regularly undertake for Order clarifies two key components of Flexibility Act of 1980, as amended their own customers. Routine its TELRIC pricing rules to ensure that (RFA), an Initial Regulatory Flexibility modifications, however, do not include UNE prices send appropriate economic Analysis (IRFA) was incorporated in the the construction of new wires for a signals to incumbent LECs and Federal Register summary of the NPRM. requesting carrier. The Commission competitive LECs. First, the Order The Commission sought written public finds that loop modification functions clarifies that the risk-adjusted cost of comments on the proposals in the that the incumbent LECs routinely capital used in calculating UNE prices NPRM, including comments on the perform for their own customers, and should reflect the risks associated with IRFA. Comments addressed the therefore must perform for competitors, a competitive market. The Order also proposals contained in the NPRM, as include rearrangement or splicing of reiterates the Commission’s finding well as the IRFA. This present Final cable, and deploying a new multiplexer from the Local Competition Order that Regulatory Flexibility Analysis (FRFA) or reconfiguring an existing multiplexer. the cost of capital may be different for addresses comments on the IRFA and The Commission also concludes that different UNEs. Second, the Order conforms to the RFA. incumbent LECs must provide access, declines to mandate the use of any Need for, and Objectives of, the Rules on an unbundled basis, to xDSL-capable particular set of asset lives for stand-alone copper loops because depreciation, but clarifies that the use of 70. This Order fulfills the competitive LECs are impaired without an accelerated depreciation mechanism commitment the Commission undertook such loops. Such access may require may present a more accurate method of in its 1999 UNE Remand Order to incumbent LECs to condition the local calculating economic depreciation. In reexamine, in three years, the list of loop for the provision of xDSL-capable addition to these clarifications, the network elements that incumbent LECs services by removing bridge taps and Order notes that the Commission plans must offer to competitors on an similar devices as part of this obligation. to open a proceeding to consider issues unbundled basis, and responds to The Commission concludes that related to its TELRIC pricing rules. several significant judicial rulings that incumbent LECs are not obligated to 65. Fresh Look. The Commission have been issued since the Commission construct transmission facilities so that retains the determination made in the last conducted a comprehensive review requesting carriers can access them as UNE Remand Order that it will not of its unbundling rules. More UNEs at cost-based rates. However, the permit competitive LECs to avoid any specifically, this Order refines the Commission also clarifies that an liability under contractual early ‘‘impair’’ standard set forth in section incumbent LEC’s unbundling obligation termination clauses in the event that it 251(d)(2) of the Act, and applies the includes all deployed transmission converts a special access circuit to a revised standard to an array of facilities in its network, unless UNE. Although ‘‘fresh look’’ has ‘‘transmission’’ and ‘‘intelligence’’ specifically exempted in the Order. To occurred in the past, this rare exercise network elements. The revised ‘‘impair’’ ensure that no incumbent LEC is of Commission discretion is not standard is designed to reflect both the obligated to build out facilities at appropriate here because it would be experience of the local service market TELRIC pricing, the Commission unfair to both incumbent LECs and during the seven years since the Act’s clarifies that the tariffed termination other competitors, disruptive to the market-opening provisions took effect liabilities for special construction apply market place, and ultimately and the legal guidance mentioned to the conversion of special access inconsistent with the public interest. above. Applying this standard, which circuits built to customer specification. 66. Transition Period. The pays special attention to the requesting 63. Section 271 Issues. The Commission will not intervene in the carrier’s ability to self-provision the Commission concludes that BOCs have contract modification process to element or to obtain it from a source an independent obligation, under establish a specific transition period for other than the incumbent LEC, this section 271(c)(2)(B), to provide access to each of the rules established in this Order adopts a list of network elements each network element on section 271’s Order. Instead, as contemplated in the that must be unbundled and sets forth ‘‘competitive checklist’’ even where that Act, individual carriers will have the the particular circumstances in which element is no longer required to be opportunity to negotiate specific terms unbundling will be required. The unbundled under section 251(c)(3). This and conditions necessary to translate approach adopted is substantially more conclusion follows from the plain our rules into the commercial granular than our earlier formulations of language and structure of section environment, and to resolve disputes the ‘‘impair’’ standard, accounting for 271(c)(2)(B) and is a reasonable over any new contract language arising considerations of customer class, interpretation of the Act. Sections 251, from differing interpretations of our geography, and service. This Order also 252 and 271 do not establish standards rules. reaffirms a state commission’s authority for the rates, terms and conditions of 67. Periodic Review of National to establish unbundling requirements, offerings pursuant to section Unbundling Rules. The Commission as long as the unbundling obligations 271(c)(2)(B) alone. Rather, the offering will evaluate these rules consistent with are consistent with the requirements of of such network elements is governed the biennial review mechanism section 251(d)(3) and do not VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52285 substantially prevent implementation of effects an agency’s action will have on concerning IRFA. This more recent data the requirements of that section and the the customers of the companies it are reflected in subsection 3 of the purposes of the Act, and authorizes state regulates unless those customers are, FRFA, infra. commissions to make certain factual themselves, subject to regulation by the 77. TeleTruth also contends that ‘‘[a] determinations necessary to agency. In any event, as noted above, we true IRFA analysis about small business implementation of the granular analysis have considered the needs of small telecom competitors would conclude we adopt here. business customers of competitive (and that the current FCC is in violation of incumbent) LECs throughout this Order. the Telecom Act and all of its Summary of Significant Issues Raised Our analysis of small business concerns provisions’’ because the Commission by the Public Comments in Response to is summarized in Part X.A.5, below. purportedly has failed to enforce its the IRFA 74. TeleTruth argues that the local competition rules. Such an 71. In this section, the Commission Commission has taken inadequate steps assertion falls outside the scope of this responds to various arguments raised by to notify small businesses of this and rulemaking proceeding and our analysis TeleTruth, the National Federation of other proceedings, in violation of the herein. Complaints regarding carriers’ Independent Businesses (NFIB), and the RFA. The Commission disagrees. The compliance with the Commission’s Office of Advocacy of the Small RFA requires the Commission to ‘‘assure Rules are properly addressed in other Business Administration (SBA that small entities have been given an venues. For example, section 208 of the Advocacy) relating to the IRFA opportunity to participate in the Communications Act specifically presented in the NPRM. It also rulemaking,’’ and proposes as example permits small businesses and other addresses concerns raised by Senator five ‘‘reasonable techniques’’ that an entities to lodge complaints regarding (then-Representative) James Talent in a agency might employ to do so. In this other carriers’ activities, and to seek letter submitted in response to the UNE proceeding, the Commission has enforcement of Commission regulations. Remand Order, which was later employed several of these techniques: it Also, to the extent an incumbent LEC’s incorporated into this proceeding. To has published a ‘‘notice of proposed obligations under section 251 are the extent the Commission received rulemaking in publications likely to be implemented through interconnection comments raising general small obtained by small entities’’; has agreements, those obligations are business concerns during this ‘‘inclu[ded] * * * a statement that the enforceable as a matter of contract law proceeding, those comments are proposed rule may have a significant through the courts. discussed throughout the Order and are economic effect on a substantial number 78. TeleTruth next argues the RFA summarized in Part X.A.5, below. of small entities’’ in the NPRM; has requires ‘‘an impact study on how [an 72. As an initial matter, the solicited comments over its computer agency’s regulations] will harm small Commission rejects the contention that network; and has acted ‘‘to reduce the businesses,’’ and that ‘‘the FCC has not it failed to consider the needs of small cost or complexity of participation in done anything of the sort for this business customers of competitive LECs the rulemaking by small entities’’ by, proceeding.’’ The Commission in fashioning the analysis set forth in among other things, facilitating disagrees: the RFA requires us to this Order. It has grappled, throughout electronic submission of comments. The provide precisely the information this proceeding and throughout this Commission thus concludes that it has contained in this FRFA, but does not Order, with the consequences our satisfied its RFA obligation to assure mandate a separate ‘‘impact study.’’ The determinations will have on all market that small companies were able to Commission has therefore satisfied its participants, including small business participate in this proceeding. RFA obligations. providers and the small business end 75. TeleTruth further contends that 79. In a letter challenging the UNE users about which TeleTruth, NFIB, the Commission’s IRFA was flawed by Remand Order, Senator Talent argued SBA Advocacy, and Senator Talent its use of ‘‘boilerplate’’ language that that that Order violated section express concern. The Commission has differed little from the language used in 3(a)(2)(C) of the Small Business Act. also considered various alternatives to the IRFAs prepared for other Specifically, Senator Talent noted that the rules it adopts, and has stated the proceedings. However, the only the UNE Remand Order differentiated reasons for rejecting these alternative language it cites does not even appear between businesses that used fewer than rules, as commenters have urged. A in the IRFA prepared for this four access lines and those that used summary of our analysis regarding small proceeding. Moreover, TeleTruth has four or more lines, in contravention of business concerns, and of alternative suggested no reason why the use of the Small Business Act’s directive that rules that we considered in light of similar language in several proceedings ‘‘unless specifically authorized by those concerns, is presented in is at all problematic. Indeed, the statute, no Federal department or subsection 5 of the FRFA, infra. particular language about which it agency may prescribe a size standard for 73. Many of the complaints raised complains merely describes the categorizing a business concern as a regarding the Commission’s IRFA hinge ‘‘number of telephone companies small business concern,’’ unless certain on the argument that in performing the affected’’ by a given proceeding— a procedural requirements are satisfied. In analysis mandated by the RFA, an class that is likely to differ little, if at all, the present Order, our action does not agency must analyze the effects its among industry-wide rulemakings such establish any special small business size proposed rules will have on as this. standard. ‘‘customers’’ of the entities it regulates. 76. TeleTruth next complains that the 80. TeleTruth and Senator Talent But as the courts have made clear time IRFA used outdated census data from suggest that section 257 of the Act and again, this is not the case. Indeed, 1992 in estimating the number of small dictates a particular substantive result the D.C. Circuit ‘‘has consistently held businesses that might be affected by the in this matter. Specifically, TeleTruth that the RFA imposes no obligation to Commission’s decisions here. While claims that this ‘‘Triennial Review is conduct a small entity impact analysis certain 1997 census data became mandated in Section [257(c)],’’ and of effects on entities which [the agency available in late 2000 and were not requires an outcome favorable to conducting the analysis] does not incorporated into the previous NPRM, entrepreneurs and small businesses. regulate.’’ Thus, the RFA imposes no this updating would not, we believe, Senator Talent argued that in limiting independent obligation to examine the have affected a small entity’s decisions the class of elements subject to section VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52286 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 251(c), the UNE Remand Order ‘‘erected throughout this Order, and those of operation; and (3) satisfies any a new barrier to entry’’ by small considerations are summarized in Part additional criteria established by the business carriers, and consequently X.A.5, below. Moreover, in Part X.A.3, Small Business Administration (SBA). violated section 257 of the we attempt to estimate the number of 85. In this section, we further describe Communications Act. Section 257, competitive LECs that will be affected and estimate the number of small entity however, did not mandate this by the rules we adopt herein. licensees and regulatees that may be proceeding and in no way cabins this 83. SBA Advocacy also claims that affected by rules adopted in this Order. Commission’s exercise of its authority to the proposals contained in the NPRM The most reliable source of information adopt rules implementing the Act. were not sufficiently specific to allow regarding the total numbers of certain Section 257 required the Commission to small businesses the opportunity to common carrier and related providers conduct a proceeding designed to comment meaningfully. The nationwide, as well as the number of identify and eliminate ‘‘market entry Commission disagrees. This proceeding commercial wireless entities, appears to barriers for entrepreneurs and other has elicited well over one thousand be the data that the Commission small businesses in the provision and filings, submitted by scores of parties. publishes in its Trends in Telephone ownership of telecommunications These parties—which include numerous Service report. The SBA has developed services and information services’’ small businesses—found in the NPRM small business size standards for within 15 months of the enactment of sufficient specificity to permit wireline and wireless small businesses the 1996 Act, and periodically to review meaningful comment. SBA Advocacy within the three commercial census its regulations and report to Congress on notes its ‘‘particular concern’’ that the categories of Wired any such barriers. The Commission Commission ‘‘is considering removing Telecommunications Carriers, Paging, concluded the requisite proceeding in elements from the list’’ of incumbent and Cellular and Other Wireless 1997 and issued its first subsequent LECs’ unbundling obligations, whereas Telecommunications. Under these section 257 Report to Congress in 2000. the NPRM purportedly gave no categories, a business is small if it has Thus, this proceeding is not mandated indication of this eventuality. The 1,500 or fewer employees. Below, using (or in any way governed) by section 257. NPRM clearly explained that the the above size standards and others, we Rather, as described above, this Order Commission was considering ‘‘an discuss the total estimated numbers of fulfills the Commission’s commitment— unbundling analysis that is more small businesses that might be affected set forth in the UNE Remand Order—to targeted,’’ including approaches ‘‘that by our actions. reevaluate unbundling requirements, take into consideration specific services, 86. The Commission has included and responds to various judicial rulings facilities, and customer and business small incumbent LECs in this present regarding those requirements. considerations.’’ It expressly sought RFA analysis. As noted above, a ‘‘small 81. TeleTruth, the NFIB, and SBA comment ‘‘on applying the unbundling business’’ under the RFA is one that, Advocacy caution that this Order may analysis to define the network inter alia, meets the pertinent small stand in violation of Executive Order elements’’ subject to unbundling, and business size standard (e.g., a wired 13272. Setting aside the question of indicated our intention to ‘‘probe telecommunications carrier having whether a multi-member independent whether and to what extent we should 1,500 or fewer employees), and ‘‘is not agency such as the FCC must comply adopt a more sophisticated, refined dominant in its field of operation.’’ SBA with that Executive Order, it notes that unbundling analysis.’’ The Commission Advocacy contends that, for RFA affected agencies must: (1) Comply with officially stated its intention to purposes, small incumbent LECs are not the RFA, (2) give SBA Advocacy reexamine unbundling obligations with dominant in their field of operation advanced notice of any proposed rules respect to loops, switching, interoffice because any such dominance is not that might substantially impact small transport, OSS, call-related signaling ‘‘national’’ in scope. The Commission businesses, and (3) give ‘‘appropriate and call-related databases. It is thus not has therefore included small incumbent consideration to’’ and provide a written persuaded that the NPRM somehow LECs in this RFA analysis, although it response to ‘‘any comments provided failed to signal our intent to examine emphasizes that this RFA action has no by’’ SBA Advocacy. Here, the rules that might result in modification effect on Commission analyses and Commission did send SBA Advocacy a of the list of elements (including determinations in other, non-RFA copy of the published NPRM (which possible removal of elements) subject to contexts. pre-dated the Executive Order). section 251(c)(3)’s unbundling 87. Wired Telecommunications Moreover, in this FRFA, we fully satisfy requirements. Carriers. The SBA has developed a our obligations under the RFA. Finally, small business size standard for Wired Description and Estimate of the Number we address SBA Advocacy’s other Telecommunications Carriers, which of Small Entities to Which the Actions comments below. Therefore, this consists of all such companies having Taken Will Apply proceeding stands in compliance with 1,500 or fewer employees. According to Executive Order 13272. 84. The RFA directs agencies to Census Bureau data for 1997, there were 82. SBA Advocacy argues that the provide a description of and, where 2,225 firms in this category, total, that Commission’s IRFA ‘‘did not consider feasible, an estimate of the number of operated for the entire year. Of this the impact of delisting unbundled small entities that will be affected by the total, 2,201 firms had employment of network elements * * * on small rules. The RFA generally defines the 999 or fewer employees, and an competitive local exchange carriers.’’ term ‘‘small entity’’ as having the same additional 24 firms had employment of While SBA Advocacy recommends that meaning as the terms ‘‘small business,’’ 1,000 employees or more. Thus, under we issue a revised IRFA to account more ‘‘small organization,’’ and ‘‘small this size standard, the great majority of fully for the impact our rules might have governmental jurisdiction.’’ In addition, firms can be considered small. on competitive LECs, it recognizes that the term ‘‘small business’’ has the same 88. Incumbent LECs. Neither the we might appropriately address any meaning as the term ‘‘small business Commission nor the SBA has developed such impact in this FRFA instead. The concern’’ under the Small Business Act. a size standard for small businesses Commission has adopted the latter A small business concern is one which: specifically applicable to incumbent course. It notes that we have considered (1) Is independently owned and local exchange services. The closest the concerns of competitive LECs operated; (2) is not dominant in its field applicable size standard under SBA VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52287 rules is for Wired Telecommunications service providers are small entities that size standard for wireless firms within Carriers. Under that size standard, such may be affected by the rules and the two broad economic census a business is small if it has 1,500 or policies adopted herein. categories of Paging and Cellular and fewer employees. According to 91. Operator Service Providers (OSPs). Other Wireless Telecommunications. Commission data, 1,329 carriers Neither the Commission nor the SBA Under both SBA categories, a wireless reported that they were engaged in the has developed a size standard for small business is small if it has 1,500 or fewer provision of local exchange services. Of businesses specifically applicable to employees. For the census category of these 1,329 carriers, an estimated 1,024 OSPs. The closest applicable size Paging, Census Bureau data for 1997 have 1,500 or fewer employees and 305 standard under SBA rules is for Wired show that there were 1,320 firms in this have more than 1,500 employees. Telecommunications Carriers. Under category, total, that operated for the Consequently, the Commission that size standard, such a business is entire year. Of this total, 1,303 firms had estimates that most providers of small if it has 1,500 or fewer employees. employment of 999 or fewer employees, incumbent local exchange service are According to Commission data, 22 and an additional 17 firms had small businesses that may be affected by companies reported that they were employment of 1,000 employees or the rules and policies adopted herein. engaged in the provision of operator more. Thus, under this category and 89. Competitive LECs. Neither the services. Of these 22 companies, an associated small business size standard, Commission nor the SBA has developed estimated 20 have 1,500 or fewer the great majority of firms can be a size standard for small businesses employees and two have more than considered small. For the census specifically applicable to providers of 1,500 employees. Consequently, the category Cellular and Other Wireless competitive exchange services or to Commission estimates that the great Telecommunications firms, Census competitive access providers or to majority of OSPs are small entities that Bureau data for 1997 show that there ‘‘Other Local Exchange Carriers,’’ all of may be affected by the rules and were 977 firms in this category, total, which are discrete categories under policies adopted herein. that operated for the entire year. Of this which TRS data are collected. The 92. Prepaid Calling Card Providers. total, 965 firms had employment of 999 closest applicable size standard under The SBA has developed a size standard or fewer employees, and an additional SBA rules is for Wired for a small business within the category 12 firms had employment of 1,000 Telecommunications Carriers. Under of Telecommunications Resellers. Under employees or more. Thus, under this that size standard, such a business is that SBA size standard, such a business second category and size standard, the small if it has 1,500 or fewer employees. is small if it has 1,500 or fewer great majority of firms can, again, be According to Commission data, 532 employees. According to Commission considered small. companies reported that they were data, 32 companies reported that they engaged in the provision of either were engaged in the provision of 95. Broadband Personal competitive access provider services or prepaid calling cards. Of these 32 Communications Service. The competitive LEC services. Of these 532 companies, an estimated 31 have 1,500 broadband Personal Communications companies, an estimated 411 have 1,500 or fewer employees and one has more Service (PCS) spectrum is divided into or fewer employees and 121 have more than 1,500 employees. Consequently, six frequency blocks designated A than 1,500 employees. In addition, 55 the Commission estimates that the great through F, and the Commission has held carriers reported that they were ‘‘Other majority of prepaid calling card auctions for each block. The Local Exchange Carriers.’’ Of the 55 providers are small entities that may be Commission defined ‘‘small entity’’ for ‘‘Other Local Exchange Carriers,’’ an affected by the rules and policies Blocks C and F as an entity that has estimated 53 have 1,500 or fewer adopted herein. average gross revenues of $40 million or employees and two have more than 93. Other Toll Carriers. Neither the less in the three previous calendar 1,500 employees. Consequently, the Commission nor the SBA has developed years. For Block F, an additional Commission estimates that most a size standard for small businesses classification for ‘‘very small business’’ providers of competitive local exchange specifically applicable to ‘‘Other Toll was added and is defined as an entity service, competitive access providers, Carriers.’’ This category includes toll that, together with its affiliates, has and ‘‘Other Local Exchange Carriers’’ carriers that do not fall within the average gross revenues of not more than are small entities that may be affected categories of interexchange carriers, $15 million for the preceding three by the rules and policies adopted OSPs, prepaid calling card providers, calendar years.’’ These standards herein. satellite service carriers, or toll resellers. defining ‘‘small entity’’ in the context of 90. Interexchange Carriers. Neither The closest applicable size standard broadband PCS auctions have been the Commission nor the SBA has under SBA rules is for Wired approved by the SBA. No small developed a size standard for small Telecommunications Carriers. Under businesses, within the SBA-approved businesses specifically applicable to that size standard, such a business is small business size standards bid interexchange services. The closest small if it has 1,500 or fewer employees. successfully for licenses in Blocks A applicable size standard under SBA According to Commission’s data, 42 and B. There were 90 winning bidders rules is for Wired Telecommunications companies reported that their primary that qualified as small entities in the Carriers. Under that size standard, such telecommunications service activity was Block C auctions. A total of 93 small a business is small if it has 1,500 or the provision of payphone services. Of and very small business bidders won fewer employees. According to these 42 companies, an estimated 37 approximately 40 percent of the 1,479 Commission data, 229 companies have 1,500 or fewer employees and five licenses for Blocks D, E, and F. On reported that their primary have more than 1,500 employees. March 23, 1999, the Commission re- telecommunications service activity was Consequently, the Commission auctioned 347 C, D, E, and F Block the provision of payphone services. Of estimates that most ‘‘Other Toll licenses. There were 48 small business these 229 companies, an estimated 181 Carriers’’ are small entities that may be winning bidders. On January 26, 2001, have 1,500 or fewer employees and 48 affected by the rules and policies the Commission completed the auction have more than 1,500 employees. adopted herein. of 422 C and F Broadband PCS licenses Consequently, the Commission 94. Wireless Service Providers. The in Auction No. 35. Of the 35 winning estimates that the majority of payphone SBA has developed a small business bidders in this auction, 29 qualified as VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52288 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations ‘‘small’’ or ‘‘very small’’ businesses. 97. 220 MHz Radio Service—Phase I The second auction included 225 Subsequent events, concerning Auction Licensees. The 220 MHz service has licenses: 216 EA licenses and 9 EAG 35, including judicial and agency both Phase I and Phase II licenses. Phase licenses. Fourteen companies claiming determinations, resulted in a total of 163 I licensing was conducted by lotteries in small business status won 158 licenses. C and F Block licenses being available 1992 and 1993. There are approximately 99. 800 MHz and 900 MHz for grant. In addition, we note that, as 1,515 such non-nationwide licensees Specialized Mobile Radio Licenses. The a general matter, the number of winning and four nationwide licensees currently Commission awards ‘‘small entity’’ and bidders that qualify as small businesses authorized to operate in the 220 MHz ‘‘very small entity’’ bidding credits in at the close of an auction does not band. The Commission has not auctions for Specialized Mobile Radio necessarily represent the number of developed a small business size (SMR) geographic area licenses in the small businesses currently in service. standard for small entities specifically 800 MHz and 900 MHz bands to firms Also, the Commission does not applicable to such incumbent 220 MHz that had revenues of no more than $15 generally track subsequent business size Phase I licensees. To estimate the million in each of the three previous unless, in the context of assignments or number of such licensees that are small calendar years, or that had revenues of transfers, unjust enrichment issues are businesses, we apply the small business no more than $3 million in each of the implicated. size standard under the SBA rules previous calendar years, respectively. 96. Narrowband PCS. To date, two applicable to ‘‘Cellular and Other These bidding credits apply to SMR auctions of narrowband PCS licenses Wireless Telecommunications’’ providers in the 800 MHz and 900 MHz bands that either hold geographic area have been conducted. For purposes of companies. This standard provides that licenses or have obtained extended the two auctions that have already been such a company is small if it employs implementation authorizations. The held, ‘‘small businesses’’ were entities no more than 1,500 persons. According Commission does not know how many with average gross revenues for the prior to Census Bureau data for 1997, there firms provide 800 MHz or 900 MHz three calendar years of $40 million or were 977 firms in this category, total, geographic area SMR service pursuant less. Through these auctions, the that operated for the entire year. Of this to extended implementation Commission has awarded a total of 41 total, 965 firms had employment of 999 authorizations, nor how many of these licenses, out of which 11 were obtained or fewer employees, and an additional providers have annual revenues of no by small businesses. To ensure 12 firms had employment of 1,000 more than $15 million. One firm has meaningful participation of small employees or more. If this general ratio continues in the context of Phase I 220 over $15 million in revenues. The business entities in future auctions, the Commission assumes, for purposes here, Commission has adopted a two-tiered MHz licensees, the Commission estimates that nearly all such licensees that all of the remaining existing small business size standard in the extended implementation Narrowband PCS Second Report and are small businesses under the SBA’s small business size standard. authorizations are held by small Order. A ‘‘small business’’ is an entity entities, as that term is defined by the that, together with affiliates and 98. 220 MHz Radio Service—Phase II Small Business Act. The Commission controlling interests, has average gross Licensees. The 220 MHz service has has held auctions for geographic area revenues for the three preceding years of both Phase I and Phase II licenses. The licenses in the 800 MHz and 900 MHz not more than $40 million. A ‘‘very Phase II 220 MHz service is a new SMR bands. There were 60 winning small business’’ is an entity that, service, and is subject to spectrum bidders that qualified as small or very together with affiliates and controlling auctions. In the 220 MHz Third Report small entities in the 900 MHz SMR interests, has average gross revenues for and Order, we adopted a small business auctions. Of the 1,020 licenses won in the three preceding years of not more size standard for ‘‘small’’ and ‘‘very the 900 MHz auction, bidders qualifying than $15 million. The SBA has small’’ businesses for purposes of as small or very small entities won 263 approved these small business size determining their eligibility for special licenses. In the 800 MHz auction, 38 of standards. In the future, the provisions such as bidding credits and the 524 licenses won were won by small Commission will auction 459 licenses to installment payments. This small and very small entities. Consequently, serve Metropolitan Trading Areas business size standard indicates that a the Commission estimates that there are (MTAs) and 408 response channel ‘‘small business’’ is an entity that, 301 or fewer small entity SMR licensees licenses. There is also one megahertz of together with its affiliates and in the 800 MHz and 900 MHz bands that narrowband PCS spectrum that has been controlling principals, has average gross may be affected by the rules and held in reserve and that the Commission revenues not exceeding $15 million for policies adopted herein. has not yet decided to release for the preceding three years. A ‘‘very small 100. Common Carrier Paging. In the licensing. The Commission cannot business’’ is an entity that, together with Paging Third Report and Order, the predict accurately the number of its affiliates and controlling principals, Commission developed a small business licenses that will be awarded to small has average gross revenues that do not size standard for ‘‘small businesses’’ and entities in future actions. However, four exceed $3 million for the preceding ‘‘very small businesses’’ for purposes of of the 16 winning bidders in the two three years. The SBA has approved determining their eligibility for special previous narrowband PCS auctions were these small business size standards. provisions such as bidding credits and small businesses, as that term was Auctions of Phase II licenses installment payments. A ‘‘small defined under the Commission’s Rules. commenced on September 15, 1998, and business’’ is an entity that, together with The Commission assumes, for purposes closed on October 22, 1998. In the first its affiliates and controlling principals, of this analysis that a large portion of auction, 908 licenses were auctioned in has average gross revenues not the remaining narrowband PCS licenses three different-sized geographic areas: exceeding $15 million for the preceding will be awarded to small entities. The three nationwide licenses, 30 Regional three years. Additionally, a ‘‘very small Commission also assumes that at least Economic Area Group (EAG) Licenses, business’’ is an entity that, together with some small businesses will acquire and 875 Economic Area (EA) Licenses. its affiliates and controlling principals, narrowband PCS licenses by means of Of the 908 licenses auctioned, 693 were has average gross revenues that are not the Commission’s partitioning and sold. Thirty-nine small businesses won more than $3 million for the preceding disaggregation rules. licenses in the first 220 MHz auction. three years. An auction of Metropolitan VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52289 Economic Area licenses commenced on 103. Air-Ground Radiotelephone present, there are approximately 22,015 February 24, 2000, and closed on March Service. The Commission has not common carrier fixed licensees and 2, 2000. Of the 985 licenses auctioned, adopted a small business size standard 61,670 private operational-fixed 440 were sold. Fifty-seven companies specific to the Air-Ground licensees and broadcast auxiliary radio claiming small business status won. At Radiotelephone Service. The licensees in the microwave services. present, there are approximately 24,000 Commission will use SBA’s small The Commission has not created a size Private-Paging site-specific licenses and business size standard applicable to standard for a small business 74,000 Common Carrier Paging licenses. ‘‘Cellular and Other Wireless specifically with respect to fixed According to the most recent Trends in Telecommunications,’’ i.e., an entity microwave services. For purposes of Telephone Service, 471 carriers reported employing no more than 1,500 persons. this analysis, the Commission uses the that they were engaged in the provision There are approximately 100 licensees SBA small business size standard for the of either paging and messaging services in the Air-Ground Radiotelephone category ‘‘Cellular and Other or other mobile services. Of those, the Service, and we estimate that almost all Telecommunications,’’ which is 1,500 Commission estimates that 450 are of them qualify as small under the SBA or fewer employees. The Commission small, under the SBA business size small business size standard. does not have data specifying the standard specifying that firms are small 104. Aviation and Marine Radio number of these licensees that have if they have 1,500 or fewer employees. Services. Small businesses in the more than 1,500 employees, and thus 101. 700 MHz Guard Band Licensees. aviation and marine radio services use are unable at this time to estimate with In the 700 MHz Guard Band Order, the a very high frequency (VHF) marine or greater precision the number of fixed Commission adopted a small business aircraft radio and, as appropriate, an microwave service licensees that would size standard for ‘‘small businesses’’ and emergency position-indicating radio qualify as small business concerns ‘‘very small businesses’’ for purposes of beacon (and/or radar) or an emergency under the SBA’s small business size determining their eligibility for special locator transmitter. The Commission has standard. Consequently, the provisions such as bidding credits and not developed a small business size Commission estimates that there are up installment payments. A ‘‘small standard specifically applicable to these to 22,015 common carrier fixed business’’ as an entity that, together small businesses. For purposes of this licensees and up to 61,670 private with its affiliates and controlling analysis, the Commission uses the SBA operational-fixed licensees and principals, has average gross revenues small business size standard for the broadcast auxiliary radio licensees in not exceeding $15 million for the category ‘‘Cellular and Other the microwave services that may be preceding three years. Additionally, a Telecommunications,’’ which is 1,500 small and may be affected by the rules ‘‘very small business’’ is an entity that, or fewer employees. Most applicants for and policies adopted herein. We noted, together with its affiliates and recreational licenses are individuals. however, that the common carrier controlling principals, has average gross Approximately 581,000 ship station microwave fixed licensee category revenues that are not more than $3 licensees and 131,000 aircraft station includes some large entities. million for the preceding three years. licensees operate domestically and are 106. Offshore Radiotelephone Service. An auction of 52 Major Economic Area not subject to the radio carriage This service operates on several UHF (MEA) licenses commenced on requirements of any statute or treaty. television broadcast channels that are September 6, 2000, and closed on For purposes of our evaluations in this not used for television broadcasting in September 21, 2000. Of the 104 licenses analysis, we estimate that there are up the coastal areas of states bordering the auctioned, 96 licenses were sold to nine to approximately 712,000 licensees that Gulf of Mexico. There are presently bidders. Five of these bidders were are small businesses (or individuals) approximately 55 licensees in this small businesses that won a total of 26 under the SBA standard. In addition, service. We are unable to estimate at licenses. A second auction of 700 MHz between December 3, 1998 and this time the number of licensees that Guard Band licenses commenced on December 14, 1998, the Commission would qualify as small under the SBA’s February 13, 2001 and closed on held an auction of 42 VHF Public Coast small business size standard for February 21, 2001. All eight of the licenses in the 157.1875–157.4500 MHz ‘‘Cellular and Other Wireless licenses auctioned were sold to three (ship transmit) and 161.775–162.0125 Telecommunications’’ services. Under bidders. One of these bidders was a MHz (coast transmit) bands. For that SBA small business size standard, small business that won a total of two purposes of the auction, the a business is small if it has 1,500 or licenses. Commission defined a ‘‘small’’ business fewer employees. 102. Rural Radiotelephone Service. as an entity that, together with 107. Wireless Communications The Commission has not adopted a size controlling interests and affiliates, has Services (WCS). This service can be standard for small businesses specific to average gross revenues for the preceding used for fixed, mobile, radiolocation, the Rural Radiotelephone Service. A three years not to exceed $15 million and digital audio broadcasting satellite significant subset of the Rural dollars. In addition, a ‘‘very small’’ uses. The Commission established small Radiotelephone Service is the Basic business is one that, together with business size standards for the WCS Exchange Telephone Radio System controlling interests and affiliates, has auction. A ‘‘small business’’ is an entity (BETRS). The Commission uses the average gross revenues for the preceding with average gross revenues of $40 SBA’s small business size standard three years not to exceed $3 million million for each of the three preceding applicable to ‘‘Cellular and Other dollars. There are approximately 10,672 years, and a ‘‘very small business’’ is an Wireless Telecommunications,’’ i.e., an licensees in the Marine Coast Service, entity with average gross revenues of entity employing no more than 1,500 and the Commission estimates that $15 million for each of the three persons. There are approximately 1,000 almost all of them qualify as ‘‘small’’ preceding years. The SBA has approved licensees in the Rural Radiotelephone businesses under the above special these small business size standards. The Service, and the Commission estimates small business size standards. Commission auctioned geographic area that there are 1,000 or fewer small entity 105. Fixed Microwave Services. Fixed licenses in the WCS service. In the licensees in the Rural Radiotelephone microwave services include common auction, there were seven winning Service that may be affected by the rules carrier, private operational-fixed, and bidders that qualified as ‘‘very small and policies adopted herein. broadcast auxiliary radio services. At business’’ entities, and one that VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52290 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations qualified as a ‘‘small business’’ entity. institutions are included in this analysis We cannot estimate, however, the We conclude that the number of as small entities. Thus, we tentatively number of licenses that will be won by geographic area WCS licensees affected conclude that at least 1,932 licensees are entities qualifying as small or very small by this analysis includes these eight small businesses. businesses under our rules in future entities. 110. Local Multipoint Distribution auctions of 218–219 MHz spectrum. 108. 39 GHz Service. The Commission Service. Local Multipoint Distribution 112. 24 GHz—Incumbent Licensees. created a special small business size Service (LMDS) is a fixed broadband This analysis may affect incumbent standard for 39 GHz licenses—an entity point-to-multipoint microwave service licensees who were relocated to the 24 that has average gross revenues of $40 that provides for two-way video GHz band from the 18 GHz band, and million or less in the three previous telecommunications. The auction of the applicants who wish to provide services calendar years. An additional size 1,030 LMDS licenses began on February in the 24 GHz band. The applicable SBA standard for ‘‘very small business’’ is: an 18, 1998, and closed on March 25, 1998. small business size standard is that of entity that, together with affiliates, has The Commission established a small ‘‘Cellular and Other Wireless average gross revenues of not more than business size standard for LMDS Telecommunications’’ companies. This $15 million for the preceding three licenses as an entity that has average category provides that such a company calendar years. The SBA has approved gross revenues of less than $40 million is small if it employs no more than these small business size standards. The in the three previous calendar years. An 1,500 persons. According to Census auction of the 2,173 39 GHz licenses additional small business size standard Bureau data for 1997, there were 977 began on April 12, 2000 and closed on for ‘‘very small business’’ was added as firms in this category, total, that May 8, 2000. The 18 bidders who an entity that, together with its affiliates, operated for the entire year. Of this claimed small business status won 849 has average gross revenues of not more total, 965 firms had employment of 999 licenses. Consequently, the Commission than $15 million for the preceding three or fewer employees, and an additional estimates that 18 or fewer 39 GHz calendar years. The SBA has approved 12 firms had employment of 1,000 licensees are small entities that may be these small business size standards in employees or more. Thus, under this affected by the rules and polices the context of LMDS auctions. There size standard, the great majority of firms adopted herein. were 93 winning bidders that qualified can be considered small. These broader 109. Multipoint Distribution Service as small entities in the LMDS auctions. census data notwithstanding, we believe (MDS), Multichannel Multipoint A total of 93 small and very small that there are only two licensees in the Distribution Service (MMDS), and business bidders won approximately 24 GHz band that were relocated from Instructional Television Fixed Service 277 A Block licenses and 387 B Block the 18 GHz band, Teligent and TRW, (ITFS). MMDS systems, often referred to licenses. On March 27, 1999, the Inc. It is our understanding that Teligent as ‘‘wireless cable,’’ transmit video Commission re-auctioned 161 licenses; and its related companies have less than programming to subscribers using the there were 40 winning bidders. Based 1,500 employees, though this may microwave frequencies of the MDS and on this information, we conclude that change in the future. TRW is not a small ITFS. In connection with the 1996 MDS the number of small LMDS licenses entity. Thus, only one incumbent auction, the Commission established a consists of the 93 winning bidders in licensee in the 24 GHz band is a small small business size standard as an entity the first auction and the 40 winning business entity. that had annual average gross revenues bidders in the re-auction, for a total of 113. 24 GHz—Future Licensees. With of less than $40 million in the previous 133 small entity LMDS providers. respect to new applicants in the 24 GHz three calendar years. The MDS auctions 111. 218–219 MHz Service. The first band, the small business size standard resulted in 67 successful bidders auction of 218–219 MHz spectrum for ‘‘small business’’ is an entity that, obtaining licensing opportunities for resulted in 170 entities winning licenses together with controlling interests and 493 Basic Trading Areas (BTAs). Of the for 594 Metropolitan Statistical Area affiliates, has average annual gross 67 auction winners, 61 met the (MSA) licenses. Of the 594 licenses, 557 revenues for the three preceding years definition of a small business. MDS also were won by entities qualifying as a not in excess of $15 million. ‘‘Very includes licensees of stations authorized small business. For that auction, the small business’’ in the 24 GHz band is prior to the auction. In addition, the small business size standard was an an entity that, together with controlling SBA has developed a small business entity that, together with its affiliates, interests and affiliates, has average gross size standard for Cable and Other has no more than a $6 million net worth revenues not exceeding $3 million for Program Distribution, which includes and, after federal income taxes the preceding three years. The SBA has all such companies generating $12.5 (excluding any carry-over losses), has no approved these small business size million or less in annual receipts. more than $2 million in annual profits standards. These size standards will According to Census Bureau data for each year for the previous two years. In apply to the future auction, if held. 1997, there were a total of 1,311 firms the 218–219 MHz Report and Order and 114. Internet Service Providers. While in this category, total, that had operated Memorandum Opinion and Order, we internet service providers (ISPs) are for the entire year. Of this total, 1,180 established a small business size only indirectly affected by our present firms had annual receipts of under $10 standard for a ‘‘small business’’ as an actions, and ISPs are therefore not million and an additional 52 firms had entity that, together with its affiliates formally included within this present receipts of $10 million or more but less and persons or entities that hold FRFA, we have addressed them than $25 million. Consequently, we interests in such an entity and their informally to create a fuller record and estimate that the majority of providers affiliates, has average annual gross to recognize their participation in this in this service category are small revenues not to exceed $15 million for proceeding. The SBA has developed a businesses that may be affected by the the preceding three years. A ‘‘very small small business size standard for Online rules and policies adopted herein. This business’’ is defined as an entity that, Information Services, which consists of SBA small business size standard also together with its affiliates and persons all such companies having $21 million appears applicable to ITFS. There are or entities that hold interests in such an or less in annual receipts. According to presently 2,032 ITFS licensees. All but entity and its affiliates, has average Census Bureau data for 1997, there were 100 of these licenses are held by annual gross revenues not to exceed $3 2,751 firms in this category, total, that educational institutions. Educational million for the preceding three years. operated for the entire year. Of this VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52291 total, 2,659 firms had annual receipts of condition copper loops for provision of technical, operational, accounting, $9,999,999 or less, and an additional 67 advanced services), but are not impaired billing, and legal skills. The carriers that had receipts of $10 million to without access to line-sharing (subject are affected by these requirements $24,999,999. Thus, under this size to a three-year transition) or hybrid already possess these skills. This Order standard, the great majority of firms can loops; (9) are not impaired without contains new or modified information be considered small. access to new build/greenfield fiber-to- collections, which are subject to Office the-home (FTTH) loops for broadband of Management and Budget review Description of Projected Reporting, or narrowband services or overbuild/ pursuant to the Paperwork Reduction Recordkeeping, and Other Compliance brownfield FTTH loops for broadband Act of 1995, Pub. L. 104–13. Requirements services; (10) are not impaired without Steps Taken To Minimize Significant 115. Pursuant to sections 251(c) and unbundled access to OCn capacity loop Economic Impact on Small Entities, and (d) of the Act, incumbent LECs, facilities, but are impaired, subject to Significant Alternatives Considered including those that qualify as small certain triggers, without access to dark entities, are required to provide fiber loops, DS1 loops, and DS3 loops; 120. The RFA requires an agency to nondiscriminatory access to UNEs. The (11) are impaired without access to describe any significant alternatives that only exception to this rule applies to unbundled subloops associated with it has considered in reaching its qualifying rural carriers that have gone accessing customer premises wiring at proposed approach, which may include through the process of obtaining an multiunit premises and are also the following four alternatives (among exemption, suspension, or modification impaired without unbundled access to others): (1) The establishment of pursuant to section 251(f) of the Act. the incumbent LEC Inside Wire differing compliance or reporting This Order represents, in large part, a Subloops and NIDs, regardless of loop requirements or timetables that take into fresh examination of the issues type; (12) are not impaired without account the resources available to small presented in implementing the unbundled access to OCn transport entities; (2) the clarification, unbundling requirements of section 251, facilities, but are impaired, subject to consolidation, or simplification of based on comments from interested certain triggers, without access to dark compliance or reporting requirements parties responding to the NPRM. This fiber transport facilities, DS1 transport under the rule for small entities; (3) the Order also interprets the necessary and facilities, and DS3 transport facilities; use of performance, rather than design, impair standards of section 251(d)(2) in and (13) are impaired without access to standards; and (4) an exemption from a manner that satisfies the D.C. Circuit’s unbundled shared transport only to the coverage of the rule, or any part thereof, directives that (1) the Commission extent they are impaired without access for small entities. eschew broad national standards in to local circuit switching. The Order 121. In this Order, the Commission favor of more granular analysis, and also affirms that incumbent LECs are adopts rules regarding the unbundling that, (2) in determining whether a obligated to provide access to UNE of network elements. It has modified our carrier is ‘‘impaired’’ by diminished combinations. impairment analysis to find that a access to a given element, the 117. In this Order, the Commission requesting carrier is impaired when lack Commission distinguish between ‘‘cost adopts rules to implement a of access to a facility in the incumbent disparities that are universal as between congressionally-mandated scheme, LEC’s network poses barriers that are new entrants and incumbents in any embodied in section 251 of the Act, that likely to make entry into the market industry’’ and disparities resulting imposes upon incumbent LECs an uneconomic. These can include both specifically from the conditions of obligation to provide unbundled access operational and economic barriers, such natural monopoly that the Act is to certain network elements. This Order as scale economies, sunk costs, first designed to redress. articulates a new impairment standard mover advantages, absolute cost 116. In this Order, we determine that to govern which network elements advantages, and barriers within the requesting carriers (1) are impaired incumbent LECs must unbundle for control of the incumbent LEC. In without access to local circuit switching competitors in accordance with the Act. adopting this interpretation, the in providing service to mass market While this Order imposes no general Commission considered a variety of customers using DS0 capacity loops; (2) obligations on competitive LECs, the factors relating to the size of regulated are not impaired without access to Order does require competitive LECs to entities and the customers they serve. It unbundled local circuit switching for satisfy certain reporting requirements in considered a number of barriers to the provision of service to enterprise order to obtain as UNEs certain high- competitive entry, including those faced customers using DS1 and higher capacity network elements from by small competitors, as well as the capacity loops; (3) are not impaired incumbent LECs. We have attempted to importance of scale economies as they without access to packet switching, keep the obligations imposed by this relate to small entities. Finally, the including routers and DSLAMs; (4) are Order to the minimum necessary to Commission considered and rejected a not impaired without access to implement the requirements of the Act. number of suggested approaches to incumbent LECs’ signaling systems 118. In addition, this Order outlines impairment. except where they are also impaired procedures whereby states may conduct 122. In applying its impairment without access to the incumbent LEC’s proceedings to determine whether analysis to specific network elements, unbundled circuit switching; (5) are certain network elements satisfy our the Commisson adopts a more granular impaired without unbundled access to impairment standard according to approach, including the considerations the incumbent LEC’s 911 and e911 specific guidelines and triggers, as of customer class, geography, and databases; (6) are not impaired without outlined in the Order. While this Order service. The Commission found that access to the incumbent LEC’s other does not specifically impose any conducting a more granular analysis call-related databases if they deploy obligations on carriers in this regard, permits it to distinguish, with more their own switches, but otherwise are records regarding facility use may be particularity, those situations for which impaired; (7) are impaired without necessary for these state proceedings. there is impairment from those for access to incumbent LECs’ OSS; (8) are 119. The various compliance which there is none. It also found that impaired without access to copper loop requirements contained in this Order an even more granular analysis—loop or subloop facilities (and must will require the use of engineering, by loop, for example—is neither VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52292 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations administratively feasible nor required elements, against the burdens and section 706 of the by the courts. The Commission unbundling imposes upon incumbent Telecommunications Act of 1996, 47 considered the differing needs of three LECs—including small incumbents— U.S.C. 157 nt, the Report and Order on classes of telecommunications and yields a more accurate picture of Remand and Further Notice of Proposed customers: mass market customers (i.e., the state of competition for each of the Rulemaking in CC Docket No. 01–338 is residential customers and sometimes varied network elements composing the adopted, and that part 51 of the very small business customers), small local telephone network. For those Commission’s Rules, 47 CFR part 51, is and medium enterprise customers, and network elements for which carriers amended as set forth in the rule large enterprise customers. Mass market may be impaired only in certain changes. customers typically generate lower geographic markets, such as certain high 127. The rules contained herein are revenue and tighter profit margins than capacity loops and transport, we adopt effective October 2, 2003. the other classes and therefore require an approach that permits localized 128. Pursuant to sections 1, 3, 4, 201– service providers to minimize costs. determination—with a role for the 205, 251, 256, 271, and 303(r) of the Small and medium business customers states—as to where and whether Communications Act, as amended, 47 typically are willing to pay higher prices impairment exists. In this way, the U.S.C. 151, 153, 154, 201–205, 251, 252, but are more sensitive to reliability and Commission has sought to take a more 256, 271, and 303(r), and Section 706 of quality of service. Large enterprise specific view of the needs of differently the Telecommunications Act of 1996, 47 customers tend to demand extensive situated competitors. U.S.C. 157 nt. that the petitions for and sophisticated service packages, and 125. The Commission also has reconsideration of the UNE Remand reliability and quality of service are established service eligibility Order filed in CC Docket No. 96–98 by essential to these customers. requirements for UNEs which are Low Tech Designs, Inc. on February 15, 123. In addition, because requiring designed to ensure that carriers use 2000, and by the Telecommunications unbundling in the absence of UNEs primarily to provide local services Resellers Association on February 18, impairment imposes unnecessary in competition with incumbent LECs, 2000; the petition for partial costs—including for small or rural ‘‘while avoiding burdensome reconsideration of the UNE Remand incumbent LECs—we considered administrative rules that serve as a drag Order filed in CC Docket No. 96–98 by whether impairment varies on competitive entry.’’ While we Birch Telecom, Inc. on February 17, geographically throughout the country. recognize that regulatory requirements 2000; the petition for reconsideration The Commission makes unbundling may disproportionately impact smaller and clarification of the UNE Remand decisions on a national scale where the entities, we have adopted the least Order filed in CC Docket No. 96–98 by record permits us to, but delegate some burdensome of several available Sprint Corporation on February 17, determining role to the states where it alternatives in requiring competitors to 2000; the petition for clarification on appears that impairment might exist in satisfy certain service eligibility criteria. reconsideration of the UNE Remand some regions of the country but not For example, rather than requiring Order filed in CC Docket No. 96–98, 95– others. In this regard, we note that carriers to certify to be the sole provider Congress provided a mechanism—in of local service in order to access certain 185 by MGC Communications, Inc.; section 251(f) of the Act—to exempt elements (e.g., high capacity loops and d/b/a Mpower Communications, Corp. small and rural incumbent LECs from transport)—an approach that might on February 17, 2000; the joint petition several of the Act’s obligations. For require frequent and costly assurance filed in CC Docket No. 96–98 by example, unbundling rules shall not from a carrier’s customers—the BellSouth Corporation and BellSouth apply to a rural telephone company Commission permits carriers to certify Telecommunications, Inc., SBC until it receives a bona fide request for that they are the primary providers of Communications, Inc., and Verizon interconnection and until the state local service. In this regard, being Telephone Companies on April 5, 2001; commission determines that the request certified as a competitive LEC is the petitions for waiver of the is technically feasible, not unduly probative of providing qualifying supplemental order clarification filed in economically burdensome, and service. The Commission also adopts CC Docket No. 96–98 by WorldCom, Inc. on September 12, 2000, and consistent with section 254. Or, a LEC collocation and local interconnection ∧ with fewer than two percent of the requirements as less burdensome ways ITC DeltaCom Communications, Inc. on nation’s subscriber lines may obtain of assuring service eligibility. By August 16, 2001; the petition filed in CC relief from unbundling if the state contrast, we have rejected a number of Docket Nos. 01–338, 96–98, 98–147 by commission decides, among other suggested approaches as unnecessarily Promoting Active Competition things, that relief is necessary to avoid burdensome, such as measuring minutes Everywhere (PACE) Coalition on imposing a economically burdensome or traffic percentages, separately February 6, 2002; and the petition for requirement or other significant adverse measuring voice and data use, or declaratory ruling filed in CC Docket economic impact. permitting UNEs only where a No. 01–338 by WorldCom, Inc. on 124. Through our granular competitive carrier uses certain types of August 8, 2002 are dismissed as moot. impairment analysis, the Commission switches. It finds that our adopted 129. Pursuant to sections 1, 3, 4, 201– has considered the resources and needs indicia of service eligibility serve as 205, 251, 256, 271, and 303(r) of the of various carriers, including small adequate and less burdensome Communications Act, as amended, 47 businesses, and have examined the state assurance that a carrier is using UNEs in U.S.C. 151, 153, 154, 201–205, 251, 252, of the marketplace to determine whether a manner consistent with the local 256, 271, and 303(r), and Section 706 of it was economically feasible for competition goals of the Act. the Telecommunications Act of 1996, 47 competitors to self-provision network U.S.C. 157 nt. that the joint petition for elements or obtain them from Ordering Clauses declaratory ruling filed in CC Docket competitive sources other than 126. Accordingly, pursuant to No. 96–98 by AT&T Wireless Services, incumbent LECs. This approach strikes sections 1, 3, 4, 201–205, 251, 256, 271, Inc. and VoiceStream Wireless, Corp. on the appropriate balance between the 303(r) of the Communications Act of November 19, 2001 is granted to the needs of competitors—including small 1934, as amended, 47 U.S.C. 151, 153, extent indicated herein and otherwise is competitors—to access certain network 154, 201–205, 251, 252, 256, 271, 303(r), moot. VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52293 130. Pursuant to sections 1, 3, 4, 201– UNE Remand Order filed in CC Docket Federal Communications Commission. 205, 251, 256, 271, and 303(r) of the No. 96–98 by Bell Atlantic on February William F. Caton, Communications Act, as amended, 47 17, 2000; and the petition for Deputy Secretary. U.S.C. 151, 153, 154, 201–205, 251, 252, reconsideration and clarification of the Final Rules 256, 271, and 303(r), and Section 706 of UNE Remand Order filed in CC Docket the Telecommunications Act of 1996, 47 No. 96–98 by AT&T Corp. on February ■ Part 51 of title 47 of the Code of Federal U.S.C. 157 nt. that the petition for 17, 2000 are granted to the extent Regulations is amended as follows: reconsideration/clarification of the UNE indicated herein and otherwise are Remand Order filed in CC Docket No. denied or dismissed as moot. PART 51—INTERCONNECTION 96–98 by BellSouth Corporation and ■ BellSouth Telecommunications, Inc. on 134. The Public Notice, Comments 1. The authority citation for part 51 is February 17, 2000 is granted to the Sought on the Use of Unbundled revised to read as follows: extent indicated herein and otherwise Network Elements to Provide Exchange Authority: Sections 1–5, 7, 201–05, 207– are denied. Access Service, CC Docket No. 96–98, 09, 218, 225–27, 251–54, 256, 271, 303(r), 131. Pursuant to sections 1, 3, 4, 201– DA 01–169 (rel. Jan. 24, 2001); 332, 48 Stat. 1070, as amended, 1077; 47 205, 251, 256, 271, and 303(r) of the Deployment of Wireline Services U.S.C. 151–55, 157, 201–05, 207–09, 218, Communications Act, as amended, 47 225–27, 251–54, 256, 271, 303(r), 332, 47 Offering Advanced Telecommunications U.S.C. 157 note, unless otherwise noted. U.S.C. 151, 153, 154, 201–205, 251, 252, Capability and Implementation of the 256, 271, and 303(r), and Section 706 of Local Competition Provisions of the ■ 2. Section 51.5 is amended by adding the Telecommunications Act of 1996, 47 Telecommunications Act of 1996, Third six new definitions in alphabetical order U.S.C. 157 nt. that the petitions for Report and Order on Reconsideration in and by revising the definition of ‘‘state reconsideration of the UNE Remand CC Docket No. 98–147, Fourth Report commission’’ to read as follows: Order filed in CC Docket Nos. 96–98, and Order on Reconsideration in CC 95–185 by Rhythms Netconnections Inc. § 51.5 Terms and definitions. Docket No. 96–98, Third Further Notice and Covad Communications Co. on * * * * * of Proposed Rulemaking in CC Docket January 21, 2000, @Link Networks, Inc., Commingling. Commingling means DSL.net, Inc. and MGC No. 98–147, and Sixth Further Notice of the connecting, attaching, or otherwise Communications, Inc., d/b/a Mpower Proposed Rulemaking in CC Docket No. linking of an unbundled network Communications Corp. on February 17, 96–98, 16 FCC Rcd 2101 (2001); element, or a combination of unbundled 2000, McLeodUSA Telecommunications Implementation of Local Competition network elements, to one or more Services, Inc. and the petition for Provisions of the Telecommunications facilities or services that a requesting reconsideration of the UNE Remand Act of 1996, Third Order on telecommunications carrier has Order filed in CC Docket No. 96–98 by Reconsideration and Further Notice of obtained at wholesale from an RCN Telecom Services, Inc. on February Proposed Rulemaking, CC Docket Nos. incumbent LEC, or the combining of an 17, 2000 are denied. 96–98 and 95–185, 12 FCC Rcd 12460 unbundled network element, or a 132. Pursuant to sections 1, 3, 4, 201– (1997); and Implementation of the Local combination of unbundled network 205, 251, 256, 271, and 303(r) of the Competition Provisions of the elements, with one or more such Communications Act, as amended, 47 Telecommunications Act of 1996, Third facilities or services. Commingle means U.S.C. 151, 153, 154, 201–205, 251, 252, Report and Order and Fourth Further the act of commingling. 256, 271, and 303(r), and section 706 of Notice of Proposed Rulemaking, CC * * * * * the Telecommunications Act of 1996, 47 Docket No. 96–98, 15 FCC Rcd 3696 Enhanced extended link. An U.S.C. 157 nt. that the petition of the (1999) are terminated. enhanced extended link or EEL consists UNE Remand Order filed in CC Docket 135. The Commission’s Consumer and of a combination of an unbundled loop No. 96–98 by Competitive and unbundled dedicated transport, Governmental Affairs Bureau, Reference Telecommunications Association on together with any facilities, equipment, Information Center, shall send a copy of November 26, 2001; and the petitions or functions necessary to combine those this Report and Order and Order on for reconsideration of the UNE Remand network elements. Order filed in CC Docket No. 96–98 by Remand, including the Final Regulatory Intermedia Communications, Inc. and Flexibility Analysis, to the Chief * * * * * Intermodal. The term intermodal by MCI WorldCom, Inc. on February 17, Counsel for Advocacy of the Small refers to facilities or technologies other 2000 are denied to the extent indicated Business Administration. than those found in traditional herein and otherwise are dismissed as moot. Report to Congress telephone networks, but that are utilized 133. Pursuant to sections 1, 3, 4, 201– to provide competing services. 125. The Commission will send a 205, 251, 256, 271, and 303(r) of the Intermodal facilities or technologies copy of the Order, including this FRFA, Communications Act, as amended, 47 include, but are not limited to, U.S.C. 151, 153, 154, 201–205, 251, 252, in a report to be sent to Congress traditional or new cable plant, wireless 256, 271, and 303(r), and Section 706 of pursuant to the Congressional Review technologies, and power line the Telecommunications Act of 1996, 47 Act. In addition, the Commission will technologies. U.S.C. 157 nt. that the petition for send a copy of the Order, including the * * * * * clarification of the UNE Remand Order FRFA, to the Chief Counsel for SBA Non-qualifying service. A non- filed in CC Docket No. 96–98 by MCI Advocacy. The Order and FRFA, or qualifying service is a service that is not WorldCom, Inc. on February 17, 2000; summaries thereof, will also be a qualifying service. the petition for reconsideration of the published in the Federal Register. * * * * * UNE Remand Order filed in CC Docket Qualifying service. A qualifying List of Subjects in 47 CFR Part 51 No. 96–98 by the Competitive service is a telecommunications service Telecommunications Association on Interconnection, Telecommunications that competes with a February 17, 2000; the petition for carriers. telecommunications service that has reconsideration and clarification of the been traditionally the exclusive or VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52294 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations primary domain of incumbent LECs, adding paragraphs (d) through (g) to read requesting access to that network including, but not limited to, local as follows: element. exchange service, such as plain old (b) To the extent technically feasible, telephone service, and access services, § 51.309 Use of unbundled network the quality of an unbundled network elements. such as digital subscriber line services element, as well as the quality of the and high-capacity circuits. (a) Except as provided in § 51.318, an access to such unbundled network * * * * * incumbent LEC shall not impose element, that an incumbent LEC State commission. A state limitations, restrictions, or requirements provides to a requesting commission means the commission, on requests for, or the use of, unbundled telecommunications carrier shall be at board, or official (by whatever name network elements for the service a least equal in quality to that which the designated) which under the laws of any requesting telecommunications carrier incumbent LEC provides to itself. If an state has regulatory jurisdiction with seeks to offer. incumbent LEC fails to meet this respect to intrastate operations of (b) A requesting telecommunications requirement, the incumbent LEC must carriers. As referenced in this part, this carrier may not access an unbundled prove to the state commission that it is term may include the Commission if it network element for the sole purpose of not technically feasible to provide the assumes responsibility for a proceeding providing non-qualifying services. requested unbundled network element, or matter, pursuant to section 252(e)(5) * * * * * or to provide access to the requested of the Act or § 51.320. This term shall (d) A requesting telecommunications unbundled network element, at a level also include any person or persons to carrier that accesses and uses an of quality that is equal to that which the whom the state commission has unbundled network element pursuant to incumbent LEC provides to itself. delegated its authority under sections section 251(c)(3) of the Act and this part * * * * * 251 and 252 of the Act and this part. to provide a qualifying service may use ■ 7. Section 51.315 is amended by * * * * * the same unbundled network element to revising paragraphs (c) and (f) to read as Triennial Review Order. The Triennial provide non-qualifying services. follows: Review Order means the Commission’s (e) Except as provided in § 51.318, an Report and Order and Order on Remand incumbent LEC shall permit a § 51.315 Combination of unbundled and Further Notice of Proposed requesting telecommunications carrier network elements. Rulemaking in CC Docket Nos. 01–338, to commingle an unbundled network * * * * * 96–98, and 98–147. element or a combination of unbundled (c) Upon request, an incumbent LEC * * * * * network elements with wholesale shall perform the functions necessary to ■ 3. Section 51.301 is amended by services obtained from an incumbent combine unbundled network elements revising paragraph (c)(8)(ii) to read as LEC. in any manner, even if those elements follows: (f) Upon request, an incumbent LEC are not ordinarily combined in the shall perform the functions necessary to incumbent LEC’s network, provided that § 51.301 Duty to negotiate. commingle an unbundled network such combination: * * * * * element or a combination of unbundled (1) Is technically feasible; and (c) * * * network elements with one or more (2) Would not undermine the ability (8) * * * facilities or services that a requesting of other carriers to obtain access to (ii) Refusal by an incumbent LEC to telecommunications carrier has unbundled network elements or to furnish cost data that would be relevant obtained at wholesale from an interconnect with the incumbent LEC’s to setting rates if the parties were in incumbent LEC. network. arbitration. (g) An incumbent LEC shall not deny * * * * * ■ 4. Section 51.305 is amended by access to an unbundled network (f) An incumbent LEC that denies a removing paragraph (a)(4), redesignating element or a combination of unbundled request to combine unbundled network paragraph (a)(5) as paragraph (a)(4), and network elements on the grounds that elements pursuant to paragraph (c)(2) of revising paragraph (a)(3) to read as one or more of the elements: this section must demonstrate to the follows: (1) Is connected to, attached to, linked state commission that the requested to, or combined with, a facility or combination would undermine the § 51.305 Interconnection. service obtained from an incumbent ability of other carriers to obtain access (a) * * * LEC; or to unbundled network elements or to (3) That is at a level of quality that is (2) Shares part of the incumbent LEC’s interconnect with the incumbent LEC’s equal to that which the incumbent LEC network with access services or inputs network. provides itself, a subsidiary, an affiliate, for non-qualifying services. ■ 8. Section 51.316 is added to read as or any other party. At a minimum, this ■ requires an incumbent LEC to design 6. Section 51.311 is amended by follows: interconnection facilities to meet the revising paragraphs (a) and (b), removing paragraph (c), redesignating paragraphs § 51.316 Conversion of unbundled network same technical criteria and service elements and services. standards that are used within the (d) and (e) as paragraphs (c) and (d) to read as follows: (a) Upon request, an incumbent LEC incumbent LEC’s network. This shall convert a wholesale service, or obligation is not limited to a § 51.311 Nondiscriminatory access to group of wholesale services, to the consideration of service quality as unbundled network elements. equivalent unbundled network element, perceived by end users, and includes, (a) The quality of an unbundled or combination of unbundled network but is not limited to, service quality as network element, as well as the quality elements, that is available to the perceived by the requesting of the access to the unbundled network requesting telecommunications carrier telecommunications carrier; and element, that an incumbent LEC under section 251(c)(3) of the Act and * * * * * provides to a requesting this part. ■ 5. Section 51.309 is amended by telecommunications carrier shall be the (b) An incumbent LEC shall perform revising paragraphs (a) and (b), and by same for all telecommunications carriers any conversion from a wholesale service VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52295 or group of wholesale services to an ■ 10. Section 51.318 is added to read as telecommunications carrier will have at unbundled network element or follows: least one active DS1 local service combination of unbundled network interconnection trunk that meets the elements without adversely affecting the § 51.318 Eligibility criteria for access to requirements of paragraph (d) of this certain unbundled network elements. service quality perceived by the section; and requesting telecommunications carrier’s (a) Except as provided in paragraph (vii) Each circuit to be provided to end-user customer. (b) of this section, an incumbent LEC each customer will be served by a (c) Except as agreed to by the parties, shall provide access to unbundled switch capable of switching local voice an incumbent LEC shall not impose any network elements and combinations of traffic. untariffed termination charges, or any unbundled network elements without (c) A collocation arrangement meets disconnect fees, re-connect fees, or regard to whether the requesting the requirements of this paragraph if it charges associated with establishing a telecommunications carrier seeks access is: service for the first time, in connection to the elements to establish a new (1) Established pursuant to section with any conversion between a circuit or to convert an existing circuit 251(c)(6) of the Act and located at an wholesale service or group of wholesale from a service to unbundled network incumbent LEC premises within the services and an unbundled network elements. same LATA as the customer’s premises, element or combination of unbundled (b) An incumbent LEC need not when the incumbent LEC is not the network elements. provide access to an unbundled DS1 collocator; and ■ 9. Section 51.317 is revised to read as loop in combination, or commingled, (2) Located at a third party’s premises follows: with a dedicated DS1 transport or within the same LATA as the customer’s dedicated DS3 transport facility or premises, when the incumbent LEC is § 51.317 Standards for requiring the service, or to an unbundled DS3 loop in the collocator. unbundling of network elements. combination, or commingled, with a (d) An interconnection trunk meets Proprietary network elements. A dedicated DS3 transport facility or the requirements of this paragraph if the network element shall be considered to service, unless the requesting requesting telecommunications carrier be proprietary if an incumbent LEC can telecommunications carrier certifies that will transmit the calling party’s number demonstrate that it has invested all of the following conditions are met: in connection with calls exchanged over resources to develop proprietary (1) The requesting the trunk. information or functionalities that are telecommunications carrier has received ■ 11. Section 51.319 is revised to read as protected by patent, copyright or trade state certification to provide local voice follows: secret law. The Commission shall service in the area being served or, in undertake the following analysis to the absence of a state certification § 51.319 Specific unbundling requirements. determine whether a proprietary requirement, has complied with network element should be made registration, tariffing, filing fee, or other (a) Local loops. An incumbent LEC available for purposes of section regulatory requirements applicable to shall provide a requesting 251(c)(3) of the Act: the provision of local voice service in telecommunications carrier with (a) Determine whether access to the that area. nondiscriminatory access to the local proprietary network element is (2) The following criteria are satisfied loop on an unbundled basis, in ‘‘necessary.’’ A network element is for each combined circuit, including accordance with section 251(c)(3) of the ‘‘necessary’’ if, taking into consideration each DS1 circuit, each DS1 enhanced Act and this part and as set forth in the availability of alternative elements extended link, and each DS1-equivalent paragraphs (a)(1) through (a)(9) of this outside the incumbent LEC’s network, circuit on a DS3 enhanced extended section. The local loop network element including self-provisioning by a link: is defined as a transmission facility requesting telecommunications carrier (i) Each circuit to be provided to each between a distribution frame (or its or acquiring an alternative from a third- customer will be assigned a local equivalent) in an incumbent LEC central party supplier, lack of access to the number prior to the provision of service office and the loop demarcation point at network element precludes a requesting over that circuit; an end-user customer premises. This telecommunications carrier from (ii) Each DS1-equivalent circuit on a element includes all features, functions, providing the services that it seeks to DS3 enhanced extended link must have and capabilities of such transmission offer. If access is ‘‘necessary,’’ the its own local number assignment, so facility, including the network interface Commission may require the that each DS3 must have at least 28 device. It also includes all electronics, unbundling of such proprietary network local voice numbers assigned to it; optronics, and intermediate devices element. (iii) Each circuit to be provided to (including repeaters and load coils) (b) In the event that such access is not each customer will have 911 or E911 used to establish the transmission path ‘‘necessary,’’ the Commission may capability prior to the provision of to the end-user customer premises as require unbundling if it is determined service over that circuit; well as any inside wire owned or that: (iv) Each circuit to be provided to controlled by the incumbent LEC that is (1) The incumbent LEC has each customer will terminate in a part of that transmission path. implemented only a minor modification collocation arrangement that meets the (1) Copper loops. An incumbent LEC to the network element in order to requirements of paragraph (c) of this shall provide a requesting qualify for proprietary treatment; section; telecommunications carrier with (2) The information or functionality (v) Each circuit to be provided to each nondiscriminatory access to the copper that is proprietary in nature does not customer will be served by an loop on an unbundled basis. A copper differentiate the incumbent LEC’s interconnection trunk that meets the loop is a stand-alone local loop services from the requesting requirements of paragraph (d) of this comprised entirely of copper wire or telecommunications carrier’s services; section; cable. Copper loops include two-wire or (vi) For each 24 DS1 enhanced and four-wire analog voice-grade copper (3) Lack of access to such element extended links or other facilities having loops, digital copper loops (e.g., DS0s would jeopardize the goals of the Act. equivalent capacity, the requesting and integrated services digital network VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52296 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations lines), as well as two-wire and four-wire provide access to the high frequency after that effective date, the incumbent copper loops conditioned to transmit portion of the loop at the same rate that LEC shall provide access to the high the digital signals needed to provide the incumbent LEC charged for such frequency portion of a copper loop at 75 digital subscriber line services, access prior to the effective date of the percent of the state-approved monthly regardless of whether the copper loops Commission’s Triennial Review Order. recurring rate, or 75 percent of the are in service or held as spares. The (B) Line sharing customers on or after monthly recurring rate set forth in the copper loop includes attached the effective date of the Commission’s incumbent LEC’s and requesting electronics using time division Triennial Review Order. An incumbent telecommunications carrier’s multiplexing technology, but does not LEC shall provide a requesting interconnection agreement, for access to include packet switching capabilities as telecommunications carrier with the a copper loop in effect on the effective defined in paragraph (a)(2)(i) of this ability to engage in line sharing over a date of the Commission’s Triennial section. The availability of DS1 and DS3 copper loop, between the effective date Review Order. copper loops is subject to the of the Commission’s Triennial Review (ii) Line splitting. An incumbent LEC requirements of paragraphs (a)(4) and Order and three years after that effective shall provide a requesting (a)(5) of this section. date, where the requesting telecommunications carrier that obtains (i) Line sharing. Beginning on the telecommunications carrier began an unbundled copper loop from the effective date of the Commission’s providing digital subscriber line service incumbent LEC with the ability to Triennial Review Order, the high to a particular end-user customer on or engage in line splitting arrangements frequency portion of a copper loop shall before the date one year after that with another competitive LEC using a no longer be required to be provided as effective date. Beginning three years splitter collocated at the central office an unbundled network element, subject after the effective date of the where the loop terminates into a to the transitional line sharing Commission’s Triennial Review Order, distribution frame or its equivalent. Line conditions in paragraphs (a)(1)(i)(A) and the incumbent LEC is no longer required splitting is the process in which one (a)(1)(i)(B) of this section. Line sharing to provide a requesting competitive LEC provides narrowband is the process by which a requesting telecommunications carrier with the voice service over the low frequency telecommunications carrier provides ability to engage in line sharing for this portion of a copper loop and a second digital subscriber line service over the end-user customer or any new end-user competitive LEC provides digital same copper loop that the incumbent customer. Between the effective date of subscriber line service over the high LEC uses to provide voice service, with the Commission’s Triennial Review frequency portion of that same loop. the incumbent LEC using the low Order and three years after that effective (A) An incumbent LEC’s obligation, frequency portion of the loop and the date, an incumbent LEC shall provide a under paragraph (a)(1)(ii) of this section, requesting telecommunications carrier requesting telecommunications carrier to provide a requesting using the high frequency portion of the with access to the high frequency telecommunications carrier with the loop. The high frequency portion of the portion of a copper loop in order to ability to engage in line splitting applies loop consists of the frequency range on serve line sharing customers obtained regardless of whether the carrier the copper loop above the range that between the effective date of the providing voice service provides its own carries analog circuit-switched voice Commission’s Triennial Review Order switching or obtains local circuit transmissions. This portion of the loop and one year after that effective date in switching as an unbundled network includes the features, functions, and the following manner: element pursuant to paragraph (d) of capabilities of the loop that are used to (1) During the first year following the this section. establish a complete transmission path effective date of the Commission’s (B) An incumbent LEC must make all on the high frequency range between the Triennial Review Order, the incumbent necessary network modifications, incumbent LEC’s distribution frame (or LEC shall provide access to the high including providing nondiscriminatory its equivalent) in its central office and frequency portion of a copper loop at 25 access to operations support systems the demarcation point at the end-user percent of the state-approved monthly necessary for pre-ordering, ordering, customer premises, and includes the recurring rate, or 25 percent of the provisioning, maintenance and repair, high frequency portion of any inside monthly recurring rate set forth in the and billing for loops used in line wire owned or controlled by the incumbent LEC’s and requesting splitting arrangements. incumbent LEC. telecommunications carrier’s (iii) Line conditioning. The incumbent (A) Line sharing customers before the interconnection agreement, for access to LEC shall condition a copper loop at the effective date of the Commission’s a copper loop in effect on that date. request of the carrier seeking access to Triennial Review Order. An incumbent (2) Beginning one year plus one day a copper loop under paragraph (a)(1) of LEC shall provide a requesting after the effective date of the this section, the high frequency portion telecommunications carrier with the Commission’s Triennial Review Order of a copper loop under paragraph ability to engage in line sharing over a until two years after that effective date, (a)(1)(i) of this section, or a copper copper loop where, prior to the effective the incumbent LEC shall provide access subloop under paragraph (b) of this date of the Commission’s Triennial to the high frequency portion of a section to ensure that the copper loop or Review Order, the requesting copper loop at 50 percent of the state- copper subloop is suitable for providing telecommunications carrier began approved monthly recurring rate, or 50 digital subscriber line services, providing digital subscriber line service percent of the monthly recurring rate set including those provided over the high to a particular end-user customer and forth in the incumbent LEC’s and frequency portion of the copper loop or has not ceased providing digital requesting telecommunications carrier’s copper subloop, whether or not the subscriber line service to that customer. interconnection agreement, for access to incumbent LEC offers advanced services Until such end-user customer cancels or a copper loop in effect on the effective to the end-user customer on that copper otherwise discontinues its subscription date of the Commission’s Triennial loop or copper subloop. If the to the digital subscriber line service of Review Order. incumbent LEC seeks compensation the requesting telecommunications (3) Beginning two years plus one day from the requesting telecommunications carrier, or its successor or assign, an after effective date of the Commission’s carrier for line conditioning, the incumbent LEC shall continue to Triennial Review Order until three years requesting telecommunications carrier VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52297 has the option of refusing, in whole or (a)(1)(iii)(D)(2) of this section, the state forwarding of packets, frames, cells, or in part, to have the line conditioned; commission concludes that a copper other data units based on address or and a requesting telecommunications loop or copper subloop cannot be other routing information contained in carrier’s refusal of some or all aspects of conditioned without significantly the packets, frames, cells or other data line conditioning will not diminish any degrading the voiceband service, the units, and the functions that are right it may have, under paragraphs (a) incumbent LEC cannot then or performed by the digital subscriber line and (b) of this section, to access the subsequently condition that loop or access multiplexers, including but not copper loop, the high frequency portion subloop to provide advanced services to limited to the ability to terminate an of the copper loop, or the copper its own customers without first making end-user customer’s copper loop (which subloop. available to any requesting includes both a low-band voice channel (A) Line conditioning is defined as telecommunications carrier the high and a high-band data channel, or solely the removal from a copper loop or frequency portion of the newly a data channel); the ability to forward copper subloop of any device that could conditioned loop or subloop. the voice channels, if present, to a diminish the capability of the loop or (iv) Maintenance, repair, and testing. circuit switch or multiple circuit subloop to deliver high-speed switched (A) An incumbent LEC shall provide, on switches; the ability to extract data units wireline telecommunications capability, a nondiscriminatory basis, physical loop from the data channels on the loops; including digital subscriber line service. test access points to a requesting and the ability to combine data units Such devices include, but are not telecommunications carrier at the from multiple loops onto one or more limited to, bridge taps, load coils, low splitter, through a cross-connection to trunks connecting to a packet switch or pass filters, and range extenders. the requesting telecommunications packet switches. (B) Incumbent LECs shall recover the carrier’s collocation space, or through a (ii) Broadband services. When a costs of line conditioning from the standardized interface, such as an requesting telecommunications carrier requesting telecommunications carrier intermediate distribution frame or a test seeks access to a hybrid loop for the in accordance with the Commission’s access server, for the purpose of testing, provision of broadband services, an forward-looking pricing principles maintaining, and repairing copper loops incumbent LEC shall provide the promulgated pursuant to section and copper subloops. requesting telecommunications carrier 252(d)(1) of the Act and in compliance (B) An incumbent LEC seeking to with nondiscriminatory access to the with rules governing nonrecurring costs utilize an alternative physical access time division multiplexing features, methodology may request approval to in § 51.507(e). functions, and capabilities of that (C) Insofar as it is technically feasible, do so from the state commission, but hybrid loop, including DS1 or DS3 the incumbent LEC shall test and report must show that the proposed alternative capacity (where impairment has been troubles for all the features, functions, method is reasonable and found to exist), on an unbundled basis and capabilities of conditioned copper nondiscriminatory, and will not to establish a complete transmission lines, and may not restrict its testing to disadvantage a requesting path between the incumbent LEC’s voice transmission only. telecommunications carrier’s ability to central office and an end user’s (D) Where the requesting perform loop or service testing, customer premises. This access shall telecommunications carrier is seeking maintenance, or repair. access to the high frequency portion of (v) Control of the loop and splitter include access to all features, functions, a copper loop or copper subloop functionality. In situations where a and capabilities of the hybrid loop that pursuant to paragraphs (a) or (b) of this requesting telecommunications carrier are not used to transmit packetized section and the incumbent LEC claims is obtaining access to the high frequency information. that conditioning that loop or subloop portion of a copper loop either through (iii) Narrowband services. When a will significantly degrade, as defined in a line sharing or line splitting requesting telecommunications carrier § 51.233, the voiceband services that the arrangement, the incumbent LEC may seeks access to a hybrid loop for the incumbent LEC is currently providing maintain control over the loop and provision of narrowband services, the over that loop or subloop, the splitter equipment and functions, and incumbent LEC may either: incumbent LEC must either: shall provide to the requesting (A) Provide nondiscriminatory access, (1) Locate another copper loop or telecommunications carrier loop and on an unbundled basis, to an entire copper subloop that has been or can be splitter functionality that is compatible hybrid loop capable of voice-grade conditioned, migrate the incumbent with any transmission technology that service (i.e., equivalent to DS0 capacity), LEC’s voiceband service to that loop or the requesting telecommunications using time division multiplexing subloop, and provide the requesting carrier seeks to deploy using the high technology; or telecommunications carrier with access frequency portion of the loop, as (B) Provide nondiscriminatory access to the high frequency portion of that defined in paragraph (a)(1)(i) of this to a spare home-run copper loop serving alternative loop or subloop; or section, provided that such transmission that customer on an unbundled basis. (2) Make a showing to the state technology is presumed to be (3) Fiber-to-the-home loops. A fiber- commission that the original copper deployable pursuant to § 51.230. to-the-home loop is a local loop loop or copper subloop cannot be (2) Hybrid loops. A hybrid loop is a consisting entirely of fiber optic cable, conditioned without significantly local loop composed of both fiber optic whether dark or lit, and serving a degrading voiceband services on that cable, usually in the feeder plant, and residential end user’s customer loop or subloop, as defined in § 51.233, copper wire or cable, usually in the premises. and that there is no adjacent or distribution plant. (i) New builds. An incumbent LEC is alternative copper loop or copper (i) Packet switching facilities, not required to provide subloop available that can be features, functions, and capabilities. An nondiscriminatory access to a fiber-to- conditioned or to which the end-user incumbent LEC is not required to the-home loop on an unbundled basis customer’s voiceband service can be provide unbundled access to the packet when the incumbent LEC deploys such moved to enable line sharing. switched features, functions and a loop to a residential unit that (E) If, after evaluating the incumbent capabilities of its hybrid loops. Packet previously has not been served by any LEC’s showing under paragraph switching capability is the routing or loop facility. VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52298 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations (ii) Overbuilds. An incumbent LEC is commission shall find that a requesting obtained under a long-term indefeasible not required to provide telecommunications carrier is not right of use and is serving customers via nondiscriminatory access to a fiber-to- impaired without access to a DS1 loop those facilities at that location. the-home loop on an unbundled basis at a specific customer location where (B) Competitive wholesale facilities when the incumbent LEC has deployed two or more competing providers not trigger for DS3 loops. To satisfy this such a loop parallel to, or in affiliated with each other or with the trigger, a state commission must find replacement of, an existing copper loop incumbent LEC, including intermodal that each competing provider satisfies facility, except that: providers of service comparable in the conditions in paragraphs (A) The incumbent LEC must quality to that of the incumbent LEC, (a)(5)(i)(B)(1) and (a)(5)(i)(B)(2) of this maintain the existing copper loop each satisfy the conditions in section. connected to the particular customer paragraphs (a)(4)(ii)(A) and (a)(4)(ii)(B) (1) The competing provider has premises after deploying the fiber-to- of this section: deployed its own DS3 facilities, and the-home loop and provide (A) The competing provider has offers a DS3 loop over its own facilities nondiscriminatory access to that copper deployed its own DS1 facilities, and on a widely available wholesale basis to loop on an unbundled basis unless the offers a DS1 loop over its own facilities other competing providers seeking to incumbent LEC retires the copper loop on a widely available wholesale basis to serve customers at the specific customer pursuant to paragraph (a)(3)(iii) of this other carriers desiring to serve location. For purposes of this paragraph, section. customers at that location. For purposes the competing provider’s DS3 facilities (B) An incumbent LEC that maintains of this paragraph, the competing may use dark fiber facilities that the the existing copper loop pursuant to provider’s DS1 facilities may use dark competing provider has obtained on an paragraph (a)(3)(ii)(A) of this section fiber facilities that the competing unbundled, leased, or purchased basis if need not incur any expenses to ensure provider has obtained on an unbundled, it has attached its own optronics to that the existing copper loop remains leased, or purchased basis if it has activate the fiber. capable of transmitting signals prior to attached its own optronics to activate (2) The competing provider has access receiving a request for access pursuant the fiber. to the entire customer location, to that paragraph, in which case the (B) The competing provider has including each individual unit within incumbent LEC shall restore the copper access to the entire customer location, that location. loop to serviceable condition upon including each individual unit within (ii) Potential deployment of DS3 request. that location. loops. Where neither trigger in (C) An incumbent LEC that retires the (5) DS3 loops. Subject to the cap in paragraph (a)(5)(i) of this section is copper loop pursuant to paragraph paragraph (a)(5)(iii), an incumbent LEC satisfied, a state commission shall (a)(3)(iii) of this section shall provide shall provide a requesting consider whether other evidence shows nondiscriminatory access to a 64 telecommunications carrier with that a requesting telecommunications kilobits per second transmission path nondiscriminatory access to a DS3 loop carrier is not impaired without access to capable of voice grade service over the on an unbundled basis except where the an unbundled DS3 loop at a specific fiber-to-the-home loop on an unbundled state commission has found, through customer location. To make this basis. application of either paragraph (a)(5)(i) determination, a state must consider the (iii) Retirement of copper loops or of this section or the potential following factors: evidence of copper subloops. Prior to retiring any deployment analysis in paragraph alternative loop deployment at that copper loop or copper subloop that has (a)(5)(ii) of this section, that requesting location; local engineering costs of been replaced with a fiber-to-the-home telecommunications carriers are not building and utilizing transmission loop, an incumbent LEC must comply impaired without access to a DS3 loop facilities; the cost of underground or with: at a specific customer location. A DS3 aerial laying of fiber or copper; the cost (A) The network disclosure loop is a digital local loop having a total of equipment needed for transmission; requirements set forth in section digital signal speed of 44.736 megabytes installation and other necessary costs 251(c)(5) of the Act and in § 51.325 per second. involved in setting up service; local through § 51.335; and (i) Triggers for DS3 loops. A state topography such as hills and rivers; (B) Any applicable state requirements. commission shall find that a requesting availability of reasonable access to (4) DS1 loops. (i) An incumbent LEC telecommunications carrier is not rights-of-way; building access shall provide a requesting impaired without access to unbundled restrictions/costs; and availability/ telecommunications carrier with DS3 loops at a specific customer feasibility of similar quality/reliability nondiscriminatory access to a DS1 loop location where two or more competing alternative transmission technologies at on an unbundled basis except where the providers not affiliated with each other that particular location. state commission has found, through or with the incumbent LEC, including (iii) Cap on unbundled DS3 circuits. application of the competitive intermodal providers of service A requesting telecommunications wholesale facilities trigger in paragraph comparable in quality to that of the carrier may obtain a maximum of two (a)(4)(ii) of this section, that requesting incumbent LEC, satisfy either paragraph unbundled DS3 loops for any single telecommunications carriers are not (a)(5)(i)(A) or paragraph (a)(5)(i)(B) of customer location where DS3 loops are impaired without access to a DS1 loop this section: available as unbundled loops. at a specific customer location. A DS1 (A) Self-provisioning trigger for DS3 (6) Dark fiber loops. An incumbent loop is a digital local loop having a total loops. To satisfy this trigger, a state LEC shall provide a requesting digital signal speed of 1.544 megabytes commission must find that each telecommunications carrier with per second. DS1 loops include, but are competing provider has either deployed nondiscriminatory access to a dark fiber not limited to, two-wire and four-wire its own DS3 facilities at that specific loop on an unbundled basis except copper loops capable of providing high- customer location and is serving where a state commission has found, bit rate digital subscriber line services, customers via those facilities at that through application of the self- including T1 services. location, or has deployed DS3 facilities provisioning trigger in paragraph (ii) Competitive wholesale facilities by attaching its own optronics to (a)(6)(i) of this section or the potential trigger for DS1 loops. A state activate dark fiber transmission facilities deployment analysis in paragraph VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52299 (a)(6)(ii) of this section, that requesting (ii) Continuing review. A state this part and as set forth in paragraph telecommunications carriers are not commission shall complete any (b) of this section. impaired without access to a dark fiber subsequent review applying these (1) Copper subloops. An incumbent loop at a specific customer location. triggers and criteria within six months LEC shall provide a requesting Dark fiber is fiber within an existing of the filing of a petition or other telecommunications carrier with fiber optic cable that has not yet been pleading to conduct such a review. nondiscriminatory access to a copper activated through optronics to render it (8) Routine network modifications. (i) subloop on an unbundled basis. A capable of carrying communications An incumbent LEC shall make all copper subloop is a portion of a copper services. routine network modifications to loop, or hybrid loop, comprised entirely (i) Self-provisioning trigger for dark unbundled loop facilities used by of copper wire or copper cable that acts fiber loops. A state commission shall requesting telecommunications carriers as a transmission facility between any find that a requesting where the requested loop facility has point of technically feasible access in an telecommunications carrier is not already been constructed. An incumbent incumbent LEC’s outside plant, impaired without access to a dark fiber LEC shall perform these routine network including inside wire owned or loop at a specific customer location modifications to unbundled loop controlled by the incumbent LEC, and where two or more competing providers facilities in a nondiscriminatory the end-user customer premises. A not affiliated with each other or with the fashion, without regard to whether the copper subloop includes all incumbent LEC, have deployed their loop facility being accessed was intermediate devices (including own dark fiber facilities at that specific constructed on behalf, or in accordance repeaters and load coils) used to customer location. For purposes of with the specifications, of any carrier. establish a transmission path between a making this determination, a competing (ii) A routine network modification is point of technically feasible access and provider that has obtained those dark an activity that the incumbent LEC the demarcation point at the end-user fiber facilities under a long-term regularly undertakes for its own customer premises, and includes the indefeasible right of use shall be customers. Routine network features, functions, and capabilities of considered a competing provider with modifications include, but are not the copper loop. Copper subloops its own dark fiber facilities. Dark fiber limited to, rearranging or splicing of include two-wire and four-wire analog purchased on an unbundled basis from cable; adding an equipment case; adding voice-grade subloops as well as two- the incumbent LEC shall not be a doubler or repeater; adding a smart wire and four-wire subloops conditioned to transmit the digital considered under this paragraph. jack; installing a repeater shelf; adding (ii) Potential deployment of dark fiber signals needed to provide digital a line card; deploying a new multiplexer loops. Where the trigger in paragraph subscriber line services, regardless of or reconfiguring an existing multiplexer; (a)(6)(i) of this section is not satisfied, a whether the subloops are in service or and attaching electronic and other state commission shall consider held as spares. whether other evidence shows that a equipment that the incumbent LEC (i) Point of technically feasible access. requesting telecommunications carrier ordinarily attaches to a DS1 loop to A point of technically feasible access is is not impaired without access to an activate such loop for its own customer. any point in the incumbent LEC’s unbundled dark fiber loop at a specific They also include activities needed to outside plant where a technician can customer location. To make this enable a requesting telecommunications access the copper wire within a cable determination, a state must consider the carrier to obtain access to a dark fiber without removing a splice case. Such following factors: evidence of loop. Routine network modifications points include, but are not limited to, a alternative loop deployment at that may entail activities such as accessing pole or pedestal, the serving area location; local engineering costs of manholes, deploying bucket trucks to interface, the network interface device, building and utilizing transmission reach aerial cable, and installing the minimum point of entry, any remote facilities; the cost of underground or equipment casings. Routine network terminal, and the feeder/distribution aerial laying of fiber; the cost of modifications do not include the interface. An incumbent LEC shall, equipment needed for transmission; construction of a new loop, or the upon a site-specific request, provide installation and other necessary costs installation of new aerial or buried cable access to a copper subloop at a splice involved in setting up service; local for a requesting telecommunications near a remote terminal. The incumbent topography such as hills and rivers; carrier. LEC shall be compensated for providing availability of reasonable access to (9) Engineering policies, practices, this access in accordance with §§ 51.501 rights-of-way; building access and procedures. An incumbent LEC through 51.515. restrictions/costs; and availability/ shall not engineer the transmission (ii) Rules for collocation. Access to feasibility of similar quality/reliability capabilities of its network in a manner, the copper subloop is subject to the alternative transmission technologies at or engage in any policy, practice, or Commission’s collocation rules at that particular location. procedure, that disrupts or degrades §§ 51.321 and 51.323. (7) State commission proceedings. A access to a local loop or subloop, (2) Subloops for access to multiunit state commission shall complete the including the time division premises wiring. An incumbent LEC proceedings necessary to satisfy the multiplexing-based features, functions, shall provide a requesting requirements in paragraphs (a)(4), (a)(5), and capabilities of a hybrid loop, for telecommunications carrier with and (a)(6) of this section in accordance which a requesting telecommunications nondiscriminatory access to the subloop with paragraphs (a)(7)(i) and (a)(7)(ii) of carrier may obtain or has obtained for access to multiunit premises wiring this section. access pursuant to paragraph (a) of this on an unbundled basis regardless of the (i) Initial review. A state commission section. capacity level or type of loop that the shall complete any initial review (b) Subloops. An incumbent LEC shall requesting telecommunications carrier applying the triggers and criteria in provide a requesting seeks to provision for its customer. The paragraphs (a)(4), (a)(5), and (a)(6) of telecommunications carrier with subloop for access to multiunit premises this section within nine months from nondiscriminatory access to subloops wiring is defined as any portion of the the effective date of the Commission’s on an unbundled basis in accordance loop that it is technically feasible to Triennial Review Order. with section 251(c)(3) of the Act and access at a terminal in the incumbent VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52300 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations LEC’s outside plant at or near a subloops at a designated point, an or where the state commission has multiunit premises. One category of this incumbent LEC in any state shall have found that all such impairment would subloop is inside wire, which is defined the burden of demonstrating to the state be cured by implementation of for purposes of this section as all loop commission, in state proceedings under transitional unbundled local circuit plant owned or controlled by the section 252 of the Act, that it is not switching in a given market and has incumbent LEC at a multiunit customer technically feasible, or that sufficient implemented such transitional access as premises between the minimum point of space is not available, to unbundle its set forth in paragraph (d)(2)(iii)(C) of entry as defined in § 68.105 of this own loops at such a point. this section. chapter and the point of demarcation of (c) Network interface device. Apart (i) Market definition. A state the incumbent LEC’s network as defined from its obligation to provide the commission shall define the markets in in § 68.3 of this chapter. network interface device functionality which it will evaluate impairment by (i) Point of technically feasible access. as part of an unbundled loop or determining the relevant geographic A point of technically feasible access is subloop, an incumbent LEC also shall area to include in each market. In any point in the incumbent LEC’s provide nondiscriminatory access to the defining markets, a state commission outside plant at or near a multiunit network interface device on an shall take into consideration the premises where a technician can access unbundled basis, in accordance with locations of mass market customers the wire or fiber within the cable section 251(c)(3) of the Act and this actually being served (if any) by without removing a splice case to reach part. The network interface device competitors, the variation in factors the wire or fiber within to access the element is a stand-alone network affecting competitors’ ability to serve wiring in the multiunit premises. Such element and is defined as any means of each group of customers, and points include, but are not limited to, a interconnection of customer premises competitors’ ability to target and serve pole or pedestal, the network interface wiring to the incumbent LEC’s specific markets profitably and device, the minimum point of entry, the distribution plant, such as a cross- efficiently using currently available single point of interconnection, and the connect device used for that purpose. technologies. A state commission shall feeder/distribution interface. An incumbent LEC shall permit a not define the relevant geographic area (ii) Single point of interconnection. requesting telecommunications carrier as the entire state. Upon notification by a requesting to connect its own loop facilities to on- (ii) Batch cut process. In each of the telecommunications carrier that it premises wiring through the incumbent markets that the state commission requests interconnection at a multiunit LEC’s network interface device, or at defines pursuant to paragraph (d)(2)(i) premises where the incumbent LEC any other technically feasible point. of this section, the state commission owns, controls, or leases wiring, the (d) Local circuit switching. An shall either establish an incumbent LEC incumbent LEC shall provide a single incumbent LEC shall provide a batch cut process as set forth in point of interconnection that is suitable requesting telecommunications carrier paragraph (d)(2)(ii)(A) of this section or for use by multiple carriers. This with nondiscriminatory access to local issue detailed findings explaining why obligation is in addition to the circuit switching, including tandem such a batch process is unnecessary, as incumbent LEC’s obligations, under switching, on an unbundled basis, in set forth in paragraph (d)(2)(ii)(B) of this paragraph (b)(2) of this section, to accordance with section 251(c)(3) of the section. A batch cut process is defined provide nondiscriminatory access to a Act and this part and as set forth in as a process by which the incumbent subloop for access to multiunit premises paragraph (d) of this section. LEC simultaneously migrates two or wiring, including any inside wire, at (1) Definition. Local circuit switching more loops from one carrier’s local any technically feasible point. If the is defined as follows: circuit switch to another carrier’s local parties are unable to negotiate rates, (i) Local circuit switching circuit switch, giving rise to operational terms, and conditions under which the encompasses all line-side and trunk- and economic efficiencies not available incumbent LEC will provide this single side facilities, plus the features, when migrating loops from one carrier’s point of interconnection, then any functions, and capabilities of the switch. local circuit switch to another carrier’s issues in dispute regarding this The features, functions, and capabilities local circuit switch on a line-by-line obligation shall be resolved in state of the switch shall include the basic basis. proceedings under section 252 of the switching function of connecting lines (A) A state commission shall establish Act. to lines, lines to trunks, trunks to lines, an incumbent LEC batch cut process for (3) Other subloop provisions—(i) and trunks to trunks. use in migrating lines served by one Technical feasibility. If parties are (ii) Local circuit switching includes carrier’s local circuit switch to lines unable to reach agreement through all vertical features that the switch is served by another carrier’s local circuit voluntary negotiations as to whether it capable of providing, including custom switch in each of the markets the state is technically feasible, or whether calling, custom local area signaling commission has defined pursuant to sufficient space is available, to services features, and Centrex, as well as paragraph (d)(2)(i) of this section. In unbundle a copper subloop or subloop any technically feasible customized establishing the incumbent LEC batch for access to multiunit premises wiring routing functions. cut process: at the point where a (2) DS0 capacity (i.e., mass market) (1) A state commission shall first telecommunications carrier requests, the determinations. An incumbent LEC determine the appropriate volume of incumbent LEC shall have the burden of shall provide access to local circuit loops that should be included in the demonstrating to the state commission, switching on an unbundled basis to a ‘‘batch.’’ in state proceedings under section 252 requesting telecommunications carrier (2) A state commission shall adopt of the Act, that there is not sufficient serving end users using DS0 capacity specific processes to be employed when space available, or that it is not loops except where the state performing a batch cut, taking into technically feasible to unbundle the commission has found, in accordance account the incumbent LEC’s particular subloop at the point requested. with the conditions set forth in network design and cut over practices. (ii) Best practices. Once one state paragraph (d)(2) of this section, that (3) A state commission shall evaluate commission has determined that it is requesting telecommunications carriers whether the incumbent LEC is capable technically feasible to unbundle are not impaired in a particular market, of migrating multiple lines served using VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52301 unbundled local circuit switching to more competing providers not affiliated in an incumbent LEC’s wire center switches operated by a carrier other with each other or the incumbent LEC, render entry uneconomic for requesting than the incumbent LEC for any including intermodal providers of telecommunications carriers in the requesting telecommunications carrier service comparable in quality to that of absence of unbundled access to local in a timely manner, and may require the incumbent LEC, each are serving circuit switching. that incumbent LECs comply with an mass market customers in the particular (3) Economic barriers. The state average completion interval metric for market with the use of their own local commission shall also examine the role provision of high volumes of loops. circuit switches. of potential economic barriers in (4) A state commission shall adopt (2) Local switching competitive determining whether to find ‘‘no rates for the batch cut activities it wholesale facilities trigger. To satisfy impairment’’ in a given market. approves in accordance with the this trigger, a state commission must Specifically, the state commission shall Commission’s pricing rules for find that two or more competing examine whether the costs of migrating unbundled network elements. These providers not affiliated with each other incumbent LEC loops to requesting rates shall reflect the efficiencies or the incumbent LEC, including telecommunications carriers’ switches associated with batched migration of intermodal providers of service or the costs of backhauling voice loops to a requesting comparable in quality to that of the circuits to requesting telecommunications carrier’s switch, incumbent LEC, each offer wholesale telecommunications carriers’ switches either through a reduced per-line rate or local circuit switching service to from the end offices serving their end through volume discounts as customers serving DS0 capacity loops in users render entry uneconomic for appropriate. that market using their own switches. requesting telecommunications carriers. (B) If a state commission concludes (B) Additional state authority. If (4) Multi-line DS0 end users. As part that the absence of a batch cut migration neither of the triggers described in of the economic analysis set forth in process is not impairing requesting paragraph (d)(2)(iii)(A) of this section paragraph (d)(2)(iii)(B)(3) of this section, telecommunications carriers’ ability to has been satisfied, the state commission the state commission shall establish a serve end users using DS0 loops in the shall find that requesting maximum number of DS0 loops for each mass market without access to local telecommunications carriers are not geographic market that requesting circuit switching on an unbundled impaired without access to unbundled telecommunications carriers can serve basis, that conclusion will render the local circuit switching in a particular through unbundled switching when creation of such a process unnecessary. market where the state commission serving multiline end users at a single In such cases, the state commission determines that self-provisioning of location. Specifically, in establishing shall issue detailed findings regarding local switching is economic based on this ‘‘cutoff,’’ the state commission shall the volume of unbundled loop the following criteria: take into account the point at which the migrations that could be expected if (1) Evidence of actual deployment. increased revenue opportunity at a requesting telecommunications carriers The state commission shall consider single location is sufficient to overcome were no longer entitled to local circuit whether switches actually deployed in impairment and the point at which switching on an unbundled basis, the the market at issue permit competitive multiline end users could be served in ability of the incumbent LEC to meet entry in the absence of unbundled local an economic fashion by higher capacity that demand in a timely and efficient circuit switching. Specifically, the state loops and a carrier’s own switching and manner using its existing hot cut commission shall examine whether, in thus be considered part of the DS1 process, and the non-recurring costs the market at issue, there are either two enterprise market. associated with that hot cut process. wholesale providers or three self- (C) Transitional use of unbundled The state commission further shall provisioners of local switching not switching. If the triggers described in explain why these findings indicate that affiliated with each other or the paragraph (d)(2)(iii)(A) of this section the absence of a batch cut process does incumbent LEC, serving end users using have not been satisfied with regard to a not give rise to impairment in the DS1 or higher capacity loops in the particular market and the analysis market at issue. market at issue; or there is any carrier, described in paragraph (d)(2)(iii)(B) of (iii) State commission analysis. To including any intermodal provider of this section has resulted in a finding determine whether requesting service comparable in quality to that of that requesting telecommunications telecommunications carriers are the incumbent LEC, using a self- carriers are impaired without access to impaired without access to local circuit provisioned switch to serve end users local circuit switching on an unbundled switching on an unbundled basis, a state using DS0 capacity loops. If so, and if basis in that market, the state commission shall perform the inquiry the state commission determines that commission shall consider whether any set forth in paragraphs (d)(2)(iii)(A) the switch or switches identified can be impairment would be cured by through (d)(2)(iii)(C) of this section: used to serve end users using DS0 transitional (‘‘rolling’’) access to local (A) Local switching triggers. A state capacity loops in that market in an circuit switching on an unbundled basis commission shall find that a requesting economic fashion, this evidence must be for a period of 90 days or more. telecommunications carrier is not given substantial weight. ‘‘Rolling’’ access means the use of impaired without access to local circuit (2) Operational barriers. The state unbundled local circuit switching for a switching on an unbundled basis in a commission also shall examine the role limited period of time for each end-user particular market where either the self- of potential operational barriers in customer to whom a requesting provisioning trigger set forth in determining whether to find ‘‘no telecommunications carrier seeks to paragraph (d)(2)(iii)(A)(1) of this section impairment’’ in a given market. provide service. If the state commission or the competitive wholesale facilities Specifically, the state commission shall determines that transitional access to trigger set forth in paragraph examine whether the incumbent LEC’s unbundled local circuit switching (d)(2)(iii)(A)(2) of this section is performance in provisioning loops, would cure any impairment, it shall satisfied. difficulties in obtaining collocation require incumbent LECs to make (1) Local switching self-provisioning space due to lack of space or delays in unbundled local circuit switching trigger. To satisfy this trigger, a state provisioning by the incumbent LEC, or available to requesting commission must find that three or difficulties in obtaining cross-connects telecommunications carriers for 90 days VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52302 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations or more, as specified by the state requesting telecommunications carriers incumbent LEC shall comply with the commission. The time limit set by the are not impaired without access to local four-line ‘‘carve-out’’ for unbundled commission shall apply to each request circuit switching on an unbundled switching established in for access to unbundled local circuit basis. Each requesting Implementation of the Local switching by a requesting telecommunications carrier shall also Competition Provisions of the telecommunications carrier on a per notify the state commission when it has Telecommunications Act of 1996, CC customer basis. submitted its orders for migration. Each Docket No. 96–98, Third Report and (iv) DS0 capacity end-user transition. incumbent LEC shall notify the state Order and Fourth Further Notice of If a state commission finds that no commission when it has completed the Proposed Rulemaking, 15 FCC Rcd impairment exists in a market or that migration. 3822–31, paras. 276–98 (1999), reversed any impairment could be cured by (3) DS1 capacity and above (i.e., and remanded in part sub. nom. United transitional access to unbundled local enterprise market) determinations. An States Telecom Ass’n v. FCC, 290 F.3d circuit switching, all requesting incumbent LEC is not required to 415 (D.C. Cir. 2002). telecommunications carriers in that provide access to local circuit switching (A) DS1 capacity and above end-user market shall commit to an on an unbundled basis to requesting transition. Each requesting implementation plan with the telecommunications carriers for the telecommunications carrier shall incumbent LEC for the migration of the purpose of serving end-user customers transfer its end-user customers served embedded unbundled switching mass using DS1 capacity and above loops using DS1 and above capacity loops and market customer base within 2 months except where the state commission unbundled local circuit switching to an of the state commission determination. petitions this Commission for waiver of alternative arrangement within 90 days A requesting telecommunications this finding in accordance with the from the end of the 90-day state carrier may no longer obtain access to conditions set forth in paragraph commission consideration period set unbundled local circuit switching 5 (d)(3)(i) of this section and the forth in paragraph (d)(5)(i), unless a months after the state commission Commission grants such waiver. longer period is necessary to comply determination, except, where (i) State commission inquiry. In its with a ‘‘change of law’’ provision in an applicable, on a transitional basis as petition, a state commission wishing to applicable interconnection agreement. described in paragraph (d)(2)(iii)(C) of rebut the Commission’s finding should (4) Other elements to be unbundled. this section. petition the Commission to show that Elements relating to the local circuit (A) Transition timeline. Each requesting telecommunications carriers switching element shall be made requesting telecommunications carrier are impaired without access to local available on an unbundled basis as set shall submit the orders necessary to circuit switching to serve end users forth in paragraphs (d)(4)(i) and (d)(4)(ii) migrate its embedded base of end-user using DS1 capacity and above loops in of this section. customers off of the unbundled local a particular geographic market as (i) An incumbent LEC shall provide a circuit switching element in accordance defined in accordance with paragraph requesting telecommunications carrier with the following timetable, measured (d)(2)(i) of this section if it finds that with nondiscriminatory access to from the day of the state commission operational or economic barriers exist in signaling, call-related databases, and determination. For purposes of that market. shared transport facilities on an calculating the number of customers (A) In making this showing, the state unbundled basis, in accordance with who must be migrated, the embedded commission shall consider the following section 251(c)(3) of the Act and this base of customers shall include all operational characteristics: incumbent part, to the extent that local circuit customers served using unbundled LEC performance in provisioning loops; switching is required to be unbundled switching that are not customers being difficulties associated with obtaining by a state commission. These elements served with transitional unbundled collocation space due to lack of space or are defined as follows: switching pursuant to paragraph delays in provisioning by the incumbent (A) Signaling networks. Signaling (d)(3)(iii)(C) of this section. LEC; and the difficulties associated with networks include, but are not limited to, (1) Month 13: Each requesting obtaining cross-connects in the signaling links and signaling transfer telecommunications carrier must submit incumbent LEC’s wire center. points. orders for one-third of all its unbundled (B) In making this showing, the state (B) Call-related databases. Call- local circuit switching end-user commission shall consider the following related databases are defined as customers; economic characteristics: the cost of databases, other than operations support (2) Month 20: Each requesting entry into a particular market, including systems, that are used in signaling telecommunications carrier must submit those caused by both operational and networks for billing and collection, or orders for half of its remaining economic barriers to entry; requesting the transmission, routing, or other unbundled local circuit switching end- telecommunications carriers’ potential provision of a telecommunications user customers, as calculated pursuant revenues from serving enterprise service. Where a requesting to paragraph (d)(2)(iv)(A)(1) of this customers in that market, including all telecommunications carrier purchases section; and likely revenues to be gained from unbundled local circuit switching from (3) Month 27: Each requesting entering that market; the prices an incumbent LEC, an incumbent LEC telecommunications carrier must submit requesting telecommunications carriers shall allow a requesting orders for its remaining unbundled local are likely to be able to charge in that telecommunications carrier to use the circuit switching end-user customers. market, based on a consideration of the incumbent LEC’s service control point (B) Operational aspects of the prevailing retail rates the incumbent element in the same manner, and via the migration. Requesting LEC charges to the different classes of same signaling links, as the incumbent telecommunications carriers and the customers in the different parts of the LEC itself. incumbent LEC shall jointly submit the state. (1) Call-related databases include, but details of their implementation plans for (ii) Transitional four-line carve-out. are not limited to, the calling name each market to the state commission Until the state commission completes database, 911 database, E911 database, within two months of the state the review described in paragraph line information database, toll free commission’s determination that (b)(2)(iii)(B)(4) of this section, an calling database, advanced intelligent VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52303 network databases, and downstream completion, or both, of a telephone call. incumbent LEC interoffice transmission number portability databases by means Directory assistance is a service that facilities that have a total digital signal of physical access at the signaling allows subscribers to retrieve telephone speed of 1.544 megabytes per second transfer point linked to the unbundled numbers of other subscribers. and are dedicated to a particular databases. (5) State commission proceedings. A customer or carrier. (2) Service management systems are state commission shall complete the (ii) Competitive wholesale facilities defined as computer databases or proceedings necessary to satisfy the trigger for dedicated DS1 transport. A systems not part of the public switched requirements in paragraphs (d)(2) and state commission shall find that a network that interconnect to the service (d)(3) of this section in accordance with requesting telecommunications carrier control point and send to the service paragraphs (d)(5)(i) and (d)(5)(ii) of this is not impaired without access to control point information and call section. dedicated DS1 transport along a processing instructions needed for a (i) Timing. A state commission shall particular route where two or more network switch to process and complete complete any initial review applying the competing providers not affiliated with a telephone call, and provide a triggers and criteria in paragraph (d)(2) each other or with the incumbent LEC, telecommunications carrier with the of this section within nine months from including intermodal providers of capability of entering and storing data the effective date of the Commission’s service comparable in quality to that of regarding the processing and completing Triennial Review Order. A state the incumbent LEC, each satisfy the of a telephone call. Where a requesting commission wishing to rebut the conditions in paragraphs (e)(1)(ii)(A) telecommunications carrier purchases Commission’s finding of non- through (e)(1)(ii)(D) of this section. unbundled local circuit switching from impairment for DS1 and above (A) The competing provider has an incumbent LEC, the incumbent LEC enterprise switches must file a petition deployed its own transport facilities and shall allow a requesting with the Commission in accordance is operationally ready to use those telecommunications carrier to use the with paragraph (d)(3) of this section facilities to provide dedicated DS1 incumbent LEC’s service management within 90 days from that effective date. transport along the particular route. For systems by providing a requesting (ii) Continuing review. A state purposes of this paragraph, the telecommunications carrier with the commission shall complete any competing provider’s DS1 facilities may information necessary to enter correctly, subsequent review applying these use dark fiber facilities that the or format for entry, the information triggers and criteria within six months competing provider has obtained on an relevant for input into the incumbent of the filing of a petition or other unbundled, leased, or purchased basis if LEC’s service management system, pleading to conduct such a review. it has attached its own optronics to including access to design, create, test, (e) Dedicated transport. An activate the fiber. and deploy advanced intelligent incumbent LEC shall provide a (B) The competing provider is willing network-based services at the service requesting telecommunications carrier immediately to provide, on a widely management system, through a service with nondiscriminatory access to available basis, dedicated DS1 transport creation environment, that the dedicated transport on an unbundled along the particular route. incumbent LEC provides to itself. basis, in accordance with section (C) The competing provider’s facilities (3) An incumbent LEC shall not be 251(c)(3) of the Act and this part and as terminate in a collocation arrangement required to unbundle the services set forth in paragraph (e)(1) through at each end of the transport route that created in the advanced intelligent (e)(5) of this section. As used in those is located at an incumbent LEC premises network platform and architecture that paragraphs, a ‘‘route’’ is a transmission and in a similar arrangement at each qualify for proprietary treatment. path between one of an incumbent end of the transport route that is not (C) Shared transport. Shared transport LEC’s wire centers or switches and located at an incumbent LEC premises. is defined as the transmission facilities another of the incumbent LEC’s wire (D) Requesting telecommunications shared by more than one carrier, centers or switches. A route between carriers are able to obtain reasonable including the incumbent LEC, between two points (e.g., wire center or switch and nondiscriminatory access to the end office switches, between end office ‘‘A’’ and wire center or switch ‘‘Z’’) may competing provider’s facilities through a switches and tandem switches, and pass through one or more intermediate cross-connect to the competing between tandem switches, in the wire centers or switches (e.g., wire provider’s collocation arrangement at incumbent LEC network. center or switch ‘‘X’’). Transmission each end of the transport route that is (ii) An incumbent LEC shall provide paths between identical end points (e.g., located at an incumbent LEC premises a requesting telecommunications carrier wire center or switch ‘‘A’’ and wire and though a similar arrangement at nondiscriminatory access to operator center or switch ‘‘Z’’) are the same each end of the transport route that is services and directory assistance on an ‘‘route,’’ irrespective of whether they not located at an incumbent LEC unbundled basis, in accordance with pass through the same intermediate wire premises. section 251(c)(3) of the Act and this centers or switches, if any. (2) Dedicated DS3 transport. Subject part, to the extent that local circuit (1) Dedicated DS1 transport. (i) An to the cap in paragraph (e)(2)(iii) of this switching is required to be unbundled incumbent LEC shall provide a section, an incumbent LEC shall provide by a state commission, if the incumbent requesting telecommunications carrier a requesting telecommunications carrier LEC does not provide that requesting with nondiscriminatory access to with nondiscriminatory access to telecommunications carrier with dedicated DS1 transport on an dedicated DS3 transport on an customized routing, or a compatible unbundled basis except where the state unbundled basis except where the state signaling protocol, necessary to use commission has found, through commission has found, through either a competing provider’s operator application of the competitive application of either paragraph (e)(2)(i) services and directory assistance wholesale facilities trigger in paragraphs of this section or the potential platform or the requesting (e)(1)(ii) of this section, that requesting deployment analysis in paragraph telecommunications carrier’s own telecommunications carriers are not (e)(2)(ii) of this section, that requesting platform. Operator services are any impaired without access to dedicated telecommunications carriers are not automatic or live assistance to a DS1 transport along a particular route. impaired without access to dedicated customer to arrange for billing or Dedicated DS1 transport consists of DS3 transport along a particular route. VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52304 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations Dedicated DS3 transport consists of (3) The competing provider’s facilities requesting telecommunications carrier incumbent LEC interoffice transmission terminate in a collocation arrangement is not impaired without access to dark facilities that have a total digital signal at each end of the transport route that fiber transport along a particular route speed of 44.736 megabytes per second is located at an incumbent LEC premises where either of the triggers in paragraph and are dedicated to a particular and in a similar arrangement at each (e)(3)(i)(A) or paragraph (e)(3)(i)(B) of customer or carrier. end of the transport route that is not this section is satisfied. (i) Triggers for dedicated DS3 located at an incumbent LEC premises. (A) Self-provisioning trigger for dark transport. A state commission shall find (4) Requesting telecommunications fiber transport. To satisfy this trigger, a that a requesting telecommunications carriers are able to obtain reasonable state commission must find three or carrier is not impaired without access to and nondiscriminatory access to the more competing providers not affiliated unbundled dedicated DS3 transport competing provider’s facilities through a with each other or with the incumbent along a particular route where either of cross-connect to the competing LEC, each satisfy paragraphs the triggers in paragraphs (e)(2)(i)(A) or provider’s collocation arrangement at (e)(3)(i)(A)(1) and (e)(3)(i)(A)(2) of this (e)(2)(i)(B) of this section is satisfied. each end of the transport route that is section. (A) Self-provisioning trigger for located at an incumbent LEC premises (1) The competing provider has dedicated DS3 transport. To satisfy this and though a similar arrangement at deployed its own dark fiber facilities, trigger, a state must find that three or each end of the transport route that is which may include dark fiber facilities more competing providers not affiliated not located at an incumbent LEC that it has obtained on a long-term, with each other or with the incumbent premises. indefeasible-right of use basis. LEC, including intermodal providers of (ii) Potential deployment of dedicated (2) The competing provider’s facilities service comparable in quality to that of DS3 transport. Where neither trigger in terminate in a collocation arrangement the incumbent LEC, each satisfy the paragraph (e)(2)(i) of this section is at each end of the transport route that conditions in paragraphs (e)(2)(i)(A)(1) satisfied, a state commission shall is located at an incumbent LEC premises and (e)(2)(i)(A)(2) of this section. consider whether other evidence shows and in a similar arrangement at each (1) The competing provider has that a requesting telecommunications end of the transport route that is not deployed its own transport facilities and carrier is not impaired without access to located at an incumbent LEC premises. is operationally ready to use those unbundled dedicated DS3 transport (B) Competitive wholesale facilities transport facilities to provide dedicated along a particular route. To make this trigger for dark fiber transport. To DS3 transport along the particular route. determination, a state must consider the satisfy this trigger, a state commission For purposes of this paragraph, the following factors: local engineering must find that two or more competing competing provider’s DS3 transport costs of building and utilizing providers not affiliated with each other facilities may use dark fiber facilities transmission facilities; the cost of or with the incumbent LEC, each satisfy that the competing provider has underground or aerial laying of fiber or paragraphs (e)(3)(i)(B)(1) through obtained on a long-term, indefeasible- copper; the cost of equipment needed (e)(3)(i)(B)(4) of this section. In applying right of use basis and that it has for transmission; installation and other this trigger, the state commission may deployed by attaching its own optronics necessary costs involved in setting up consider whether competing providers to activate the fiber. service; local topography such as hills have sufficient quantities of dark fiber (2) The competing provider’s facilities and rivers; availability of reasonable available to satisfy current demand terminate at a collocation arrangement access to rights-of-way; availability/ along that route. at each end of the transport route that feasibility of similar quality/reliability (1) The competing provider has is located at an incumbent LEC premises alternative transmission technologies deployed its own dark fiber, including and in a similar arrangement at each along the particular route; customer dark fiber that it has obtained from an end of the transport route that is not density or addressable market; and entity other than the incumbent LEC, located at an incumbent LEC premises. existing facilities-based competition. and is operationally ready to lease or (B) Competitive wholesale facilities (iii) Cap on unbundled DS3 circuits. sell those facilities for the provision of trigger for dedicated DS3 transport. To A requesting telecommunications fiber-based transport along the satisfy this trigger, a state must find that carrier may obtain a maximum of 12 particular route. two or more competing providers not unbundled dedicated DS3 circuits for (2) The competing provider is willing affiliated with each other or with the any single route for which dedicated immediately to provide, on a widely incumbent LEC, including intermodal DS3 transport is available as unbundled available basis, dark fiber along the providers of service comparable in transport. particular route. quality to that of the incumbent LEC, (3) Dark fiber transport. An (3) The competing provider’s dark each satisfy the conditions in incumbent LEC shall provide a fiber terminates in a collocation paragraphs (e)(2)(i)(B)(1) through requesting telecommunications carrier arrangement at each end of the transport (e)(2)(i)(B)(4) of this section. with nondiscriminatory access to dark route that is located at an incumbent (1) The competing provider has fiber transport on an unbundled basis LEC premises and in a similar deployed its own transport facilities, except where the state commission has arrangement at each end of the transport including transport facilities that use found, through application of either route that is not located at an incumbent dark fiber facilities that the competing paragraph (e)(3)(i) of this section or the LEC premises. provider has obtained on an unbundled, potential deployment analysis in (4) Requesting telecommunications leased, or purchased basis if it has paragraph (e)(3)(ii) of this section, that carriers are able to obtain reasonable attached its own optronics to activate requesting telecommunications carriers and nondiscriminatory access to the the fiber, and is operationally ready to are not impaired without access to competing provider’s dark fiber through use those facilities to provide dedicated unbundled dark fiber transport along a cross-connect to the competing DS3 transport along the particular route. the particular route. Dark fiber transport provider’s collocation arrangement at (2) The competing provider is willing consists of unactivated optical each end of the transport route that is immediately to provide, on a widely interoffice transmission facilities. located at an incumbent LEC premises available basis, dedicated DS3 transport (i) Triggers for dark fiber transport. A and though a similar arrangement at along the particular route. state commission shall find that a each end of the transport route that is VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations 52305 not located at an incumbent LEC cable; adding an equipment case; adding any findings in accordance with the premises. a doubler or repeater; installing a Commission’s rules. (ii) Potential deployment of dark fiber repeater shelf; and deploying a new ■ 13. Section 51.325 is amended by transport. Where neither trigger in multiplexer or reconfiguring an existing adding paragraph (a)(4) to read as paragraph (e)(3)(i) of this section is multiplexer. They also include activities follows: satisfied, a state commission shall needed to enable a requesting consider whether other evidence shows telecommunications carrier to light a § 51.325 Notice of network changes: that a requesting telecommunications dark fiber transport facility. Routine Public notice requirement. carrier is not impaired without access to network modifications may entail (a) * * * unbundled dark fiber transport along a activities such as accessing manholes, (4) Will result in the retirement of particular route. To make this deploying bucket trucks to reach aerial copper loops or copper subloops, and determination, a state must consider the cable, and installing equipment casings. the replacement of such loops with following factors: local engineering Routine network modifications do not fiber-to-the-home loops, as that term is costs of building and utilizing include the installation of new aerial or defined in § 51.319(a)(3). transmission facilities; the cost of buried cable for a requesting * * * * * underground or aerial laying of fiber; telecommunications carrier. ■ 14. Section 51.331 is amended by the cost of equipment needed for (f) 911 and E911 databases. An adding paragraph (c) to read as follows: transmission; installation and other incumbent LEC shall provide a necessary costs involved in setting up requesting telecommunications carrier § 51.331 Notice of network changes: service; local topography such as hills with nondiscriminatory access to 911 Timing of notice. and rivers; availability of reasonable and E911 databases on an unbundled * * * * * access to rights-of-way; availability/ basis, in accordance with section (c) Competing service providers may feasibility of similar quality/reliability 251(c)(3) of the Act and this part. object to incumbent LEC notice of alternative transmission technologies (g) Operations support systems. An retirement of copper loops or copper along the particular route; customer incumbent LEC shall provide a subloops and replacement with fiber-to- density or addressable market; and requesting telecommunications carrier the-home loops in the manner set forth existing facilities-based competition. with nondiscriminatory access to in § 51.333(c). (4) State commission proceedings. A operations support systems on an ■ 15. Section 51.333 is amended by state commission shall complete the unbundled basis, in accordance with revising the section heading, paragraph proceedings necessary to satisfy the section 251(c)(3) of the Act and this (b), paragraph (c) introductory text, and requirements in paragraphs (e)(1), (e)(2), part. Operations support system by adding paragraph (f) to read as and (e)(3) of this section in accordance functions consist of pre-ordering, follows: with paragraphs (e)(4)(i) and (e)(4)(ii) of ordering, provisioning, maintenance this section. and repair, and billing functions § 51.333 Notice of Network Changes: Short (i) Initial review. A state commission supported by an incumbent LEC’s term notice, objections thereto and shall complete any initial review databases and information. An objections to retirement of copper loops or applying the triggers and criteria in incumbent LEC, as part of its duty to copper subloops. paragraphs (e)(1), (e)(2), and (e)(3) of provide access to the pre-ordering * * * * * this section within nine months from function, shall provide the requesting (b) Implementation date. The the effective date of the Commission’s telecommunications carrier with Commission will release a public notice Triennial Review Order. nondiscriminatory access to the same of filings of such short term notices or (ii) Continuing review. A state detailed information about the loop that notices of replacement of copper loops commission shall complete any is available to the incumbent LEC. or copper subloops with fiber-to-the- subsequent review applying these ■ 12. Section 51.320 is added to read as home loops. The effective date of the triggers and criteria within six months follows: network changes referenced in those of the filing of a petition or other filings shall be subject to the following pleading to conduct such a review. § 51.320 Assumption of responsibility by requirements: (5) Routine network modifications. (i) the Commission. (i) Short term notice. Short term An incumbent LEC shall make all If a state commission fails to exercise notices shall be deemed final on the routine network modifications to its authority under § 51.319, any party tenth business day after the release of unbundled dedicated transport facilities seeking that the Commission step into the Commission’s public notice, unless used by requesting telecommunications the role of the state commission shall an objection is filed pursuant to carriers where the requested dedicated file with the Commission and serve on paragraph (c) of this section. transport facilities have already been the state commission a petition that (ii) Replacement of copper loops or constructed. An incumbent LEC shall explains with specificity the bases for copper subloops with fiber-to-the-home perform all routine network the petition and information that loops. Notices of replacement of copper modifications to unbundled dedicated supports the claim that the state loops or copper subloops with fiber-to- transport facilities in a commission has failed to act. the-home loops shall be deemed nondiscriminatory fashion, without Subsequent to the Commission’s issuing approved on the 90th day after the regard to whether the facility being a public notice and soliciting comments release of the Commission’s public accessed was constructed on behalf, or on the petition from interested parties, notice of the filing, unless an objection in accordance with the specifications, of the Commission will rule on the is filed pursuant to paragraph (c) of this any carrier. petition within 90 days of the date of section. Incumbent LEC notice of intent (ii) A routine network modification is the public notice. If it agrees that the to retire any copper loops or copper an activity that the incumbent LEC state commission has failed to act, the subloops and replace such loops or regularly undertakes for its own Commission will assume responsibility subloops with fiber-to-the-home loops customers. Routine network for the proceeding, and within nine shall be subject to the short term notice modifications include, but are not months from the date it assumed provisions of this section, but under no limited to, rearranging or splicing of responsibility for the proceeding, make circumstances may an incumbent LEC VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 52306 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Rules and Regulations provide less than 90 days notice of such Commission’s public notice. All issue for replacement with fiber-to-the- a change. objections filed under this section must: home loops. (c) Objection procedures for short * * * * * ■ 16. Section 51.509 is amended by term notice and notices of replacement (f) Resolution of objections to revising paragraph (a) and adding of copper loops or copper subloops with replacement of copper loops or copper paragraph (h) to read as follows: fiber-to-the-home loops. An objection to subloops with fiber-to-the-home loops. An objection to a notice that an § 51.509 Rate structure standards for an incumbent LEC’s short term notice or incumbent LEC intends to retire any specific elements. to its notice that it intends to retire copper loops or copper subloops and (a) Local loop and subloop. Loop and copper loops or copper subloops and replace such loops or subloops with subloop costs shall be recovered replace such loops or subloops with fiber-to-the-home loops shall be deemed through flat-rated charges. fiber-to-the-home loops may be filed by denied 90 days after the date on which * * * * * an information service provider or the Commission releases public notice telecommunications service provider (h) Network interface device. An of the incumbent LEC filing, unless the incumbent LEC must establish a price that directly interconnects with the Commission rules otherwise within that for the network interface device when incumbent LEC’s network. Such time. Until the Commission has either that unbundled network element is objections must be filed with the ruled on an objection or the 90-day purchased on a stand-alone basis Commission, and served on the period for the Commission’s pursuant to § 51.319(c). incumbent LEC, no later than the ninth consideration has expired, an business day following the release of the incumbent LEC may not retire those [FR Doc. 03–22193 Filed 8–29–03; 8:45 am] copper loops or copper subloops at BILLING CODE 6712–01–P VerDate jul<14>2003 15:40 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\02SER2.SGM 02SER2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52307 FEDERAL COMMUNICATIONS Forbearance and Rulemaking filed by pills’’ into such agreements to make COMMISSION Mpower Communications (‘‘Mpower them unsuitable for adoption by third Petition’’) and the comments and ex parties. Second, commenters argue that 47 CFR Part 51 partes filed in response to the Mpower there is not a valid basis for exempting [CC Docket No. 01–338; CC Docket No. 96– Petition. See Petition of Mpower ‘‘FLEX’’ contracts from the requirement 98; CC Docket No. 98–147; FCC 03–36] Communications Corp. for to submit interconnection agreements to Establishment of New Flexible Contract state commissions for approval or from Review of the Section 251 Unbundling Mechanism Not Subject to ‘‘Pick-and- other requirements in section 252. Obligations of Incumbent Local Choose’’, CC Docket No. 01–117, 5. The Commission seeks comment on Exchange Carriers Petition for Forbearance and a proposal described as follows: If an Rulemaking (May 25, 2001). incumbent LEC does not file and obtain AGENCY: Federal Communications 2. In the Local Competition Order, (61 state approval for a statement of Commission. FR 52706, October 8, 1996) the generally available terms and conditions ACTION: Proposed rule. Commission adopted an interpretation (SGAT) the current pick and choose rule of section 252(i) of the Act that required would continue to apply to all of that SUMMARY: This document initiates an incumbent LECs to permit ‘‘third parties incumbent LEC’s interconnection inquiry regarding proposed to obtain access under section 252(i) to modifications to the Commission’s agreements. If an incumbent LEC does any individual interconnection, service file and obtain state approval for an existing rules implementing section or network element arrangement on the 252(i) which requires local exchange SGAT, the current pick and choose rule same terms and conditions as those would apply solely to the SGAT and all carriers (LECs) to make available to contained in any agreement approved other telecommunications carriers other interconnection agreements under section 252.’’ This interpretation entered into by that incumbent would interconnection agreements approved is often referred to as the ‘‘pick and under section 252. be subject to an ‘‘all-or-nothing’’ rule choose’’ rule. See 47 CFR 51.809. In its requiring third parties to adopt the DATES: Comments are due October 2, petition, Mpower argues that the current interconnection agreement in its 2003 and Reply Comments are due rule ‘‘inhibit[s] innovative deal-making’’ entirety. The Commission notes that the October 23, 2003. It is also available on and has led to ‘‘a great sameness and Act only requires Bell Operating the Commission’s Web site at http:// very little meaningful choice’’ in Companies (BOCs) to file SGATs and it www.fcc.gov. interconnection agreements. Mpower seeks comment on whether it should and several carriers filing comments in FOR FURTHER INFORMATION CONTACT: apply the above approach to non-BOC CC Docket 01–117 propose that carriers Robert Tanner, Attorney-Advisor, incumbent LECs as well. The seeking to use section 252(i) be required Wireline Competition Bureau, at (202) Commission also seeks comment on to adopt the entire terms and conditions 418–1580 or via the Internet at whether the SGAT condition, together of an interconnection agreement [email protected]. The complete text of with preservation of the Act’s good faith approved under section 252 rather than this Notice of Proposed Rulemaking obligation and non-discrimination allow adoption of individual terms as safeguards be sufficient to prevent the (NPRM) is available for inspection and conditions. copying during normal business hours 3. The Commission seeks comment on above described proposal from in the FCC Reference Information its legal authority to alter its eviscerating the obligation Congress Center, Portals II, 445 12th Street, SW., interpretation of the statute in view of imposed in section 252(i). Room CY–A257, Washington, DC 20554. the Supreme Court’s characterization of 6. The Commission seeks comment on Further information may also be the Commission’s current rule as ‘‘the whether the above described proposal obtained by calling the Common Carrier most readily apparent’’ reading of the would be workable for all classes of Bureau’s TTY number: (202) 418–0484. statute. Iowa Utils. Bd., 525 U.S. at 396. carriers, including smaller competitive SUPPLEMENTARY INFORMATION: This is a The Commission tentatively concludes LECs. The Commission seeks comment summary of the Commission’s Notice of that it may adopt a different rule on whether there are other means of Proposed Rulemaking in WC Docket No. pursuant to section 252(i), provided the restoring the Congressional goal of 01–338, FCC 03–36, adopted February Commission’s modified rule is a meaningful marketplace negotiations, 20, 2003, and released August 21, 2003. reasonable interpretation of the including modifications to the above This full text may be purchased from statutory text. The Commission observes described proposal. the Commission’s duplicating that the public record in response to the Initial Regulatory Flexibility Analysis contractor, Qualex International, Portals Mpower petition indicates that under II, 445 12th Street, SW., Room CY–B402, the current rules incumbent LECs 7. As required by the Regulatory Washington, DC 20554, telephone 202– seldom make significant concessions in Flexibility Act of 1980, as amended 863–2893, facsimile 202–863–2898, or return for some trade-off for fear that (RFA), the Commission has prepared via e-mail [email protected]. third parties will obtain the equivalent this Initial Regulatory Flexibility benefits without making any trade-off at Analysis (IRFA) of possible significant Synopsis of the Notice of Proposed all. The Commission invites parties to economic impact on a substantial Rulemaking (NPRM) submit concrete evidence to the number of small entities by the policies 1. The Commission seeks comment on contrary. and rules proposed in this NPRM. whether to alter its interpretation of 4. The Commission identifies two key Written public comments are sought on section 252(i) to promote more concerns expressed by commenters in this IRFA. Comments must be identified meaningful commercial negotiations. response to the proposal put forward by as responses to the IRFA and must be The Commission tentatively concludes Mpower to create ‘‘FLEX’’ contracts that filed by the deadlines for comments on that modifying its current approach would provide an alternative form of the NPRM. The Commission will send would better serve the goals of section interconnection agreement outside of a copy of the NPRM, including this 252(i) and sections 251–252 generally. section 252(i) and not subject to the IRFA, to the Chief Counsel for Advocacy The Commission also incorporates into ‘‘pick and choose’’ rule. First, of the Small Business Administration. this docket a related Petition for incumbent LECs might insert ‘‘poison In addition, the NPRM and IRFA (or VerDate jul<14>2003 15:42 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\FR\FM\02SEP2.SGM 02SEP2 52308 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules summaries thereof) will be published in independently owned and operated; (2) Commission nor the SBA has developed the Federal Register. is not dominant in its field of operation; a size standard for small businesses and (3) satisfies any additional criteria specifically applicable to incumbent Need for, and Objectives of, the established by the Small Business local exchange services. The closest Proposed Rules Administration (SBA). applicable size standard under SBA 8. The Commission initiates this 11. In this section, the Commission rules is for Wired Telecommunications NPRM to ensure that market-based further describes and estimates the Carriers. Under that size standard, such incentives exist for incumbent and number of small entity licensees and a business is small if it has 1,500 or competitive LECs to negotiate regulatees that may be affected by rules fewer employees. According to innovative commercial interconnection adopted pursuant to this FNPRM. The Commission data, 1,329 carriers arrangements. The current pick-and- most reliable source of information reported that they were engaged in the choose rules implementing section regarding the total numbers of certain provision of local exchange services. Of 252(i) may discourage give-and-take common carrier and related providers these 1,329 carriers, an estimated 1,024 negotiation because incumbent LECs nationwide, as well as the number of have 1,500 or fewer employees and 305 may be reluctant to make significant commercial wireless entities, appears to have more than 1,500 employees. concessions (in exchange for negotiated be the data that the Commission Consequently, the Commission benefit) if those concessions become publishes in its Trends in Telephone estimates that most providers of automatically available—without any Service report. The SBA has developed incumbent local exchange service are tradeoff—to every potential market small business size standards for small businesses that may be affected by entrant. It therefore seeks comment on wireline and wireless small businesses the rules and policies adopted herein. whether alternate approaches to within the three commercial census 14. Competitive Local Exchange implementing section 252(i), such as categories of Wired Carriers (competitive LECs). Neither the requiring third parties to opt into entire Telecommunications Carriers, Paging, Commission nor the SBA has developed agreements, would promote more and Cellular and Other Wireless a size standard for small businesses innovative and flexible arrangements Telecommunications. Under these specifically applicable to providers of between parties. Any changes to the categories, a business is small if it has competitive exchange services or to current pick-and-choose rule, however, 1,500 or fewer employees. Further, competitive access providers or to may raise concerns as to whether there using the above size standards and ‘‘Other Local Exchange Carriers,’’ all of is the potential for parties to others, we discuss the total estimated which are discrete categories under interconnection agreements to include numbers of small businesses that might which TRS data are collected. The ‘‘poison pill’’ language that would deter be affected by our actions. closest applicable size standard under third parties from opting into those 12. The Commission has included SBA rules is for Wired agreements under section 252(i). This small incumbent LECs in this present Telecommunications Carriers. Under NPRM proposes an approach that would RFA analysis. As noted previously, a that size standard, such a business is eliminate the current pick-and-choose ‘‘small business’’ under the RFA is one small if it has 1,500 or fewer employees. regime for incumbent LECs wherever that, inter alia, meets the pertinent According to Commission data, 532 the incumbent LEC has filed and small business size standard (e.g., a companies reported that they were received state approval of a statement of wired telecommunications carrier engaged in the provision of either generally available terms and having 1,500 or fewer employees), and competitive access provider services or conditions, and this NPRM seeks to ‘‘is not dominant in its field of competitive LEC services. Of these 532 build a record from which to judge the operation.’’ The SBA’s Office of companies, an estimated 411 have 1,500 wisdom of this approach. Advocacy contends that, for RFA or fewer employees and 121 have more purposes, small incumbent LECs are not than 1,500 employees. In addition, 55 Legal Basis dominant in their field of operation carriers reported that they were ‘‘Other 9. The legal basis for any action that because any such dominance is not Local Exchange Carriers.’’ Of the 55 may be taken pursuant to the NPRM is ‘‘national’’ in scope. The Commission ‘‘Other Local Exchange Carriers,’’ an contained in Sections 1, 3, 4, 201–205, has therefore included small incumbent estimated 53 have 1,500 or fewer 251, 256, 271, 303(r) of the LECs in this RFA analysis, although we employees and two have more than Communications Act of 1934, as emphasize that this RFA action has no 1,500 employees. Consequently, the amended, 47 U.S.C. 151, 153, 154, 201– effect on its analyses and Commission estimates that most 205, 251, 252, 256, 271, 303(r). determinations in other, non-RFA providers of competitive local exchange contexts. service, competitive access providers, Description and Estimate of the Number 13. Wired Telecommunications and ‘‘Other Local Exchange Carriers’’ of Small Entities to Which the Proposed Carriers. The SBA has developed a are small entities that may be affected Rules Would Apply small business size standard for Wired by the rules and policies adopted 10. The RFA directs agencies to Telecommunications Carriers, which herein. provide a description of and, where consists of all such companies having 15. Interexchange Carriers. Neither feasible, an estimate of the number of 1,500 or fewer employees. According to the Commission nor the SBA has small entities that will be affected by the Census Bureau data for 1997, there were developed a size standard for small proposed rules. The RFA generally 2,225 firms in this category, total, that businesses specifically applicable to defines the term ‘‘small entity’’ as operated for the entire year. Of this interexchange services. The closest having the same meaning as the terms total, 2,201 firms had employment of applicable size standard under SBA ‘‘small business,’’ ‘‘small organization,’’ 999 or fewer employees, and an rules is for Wired Telecommunications and ‘‘small governmental jurisdiction.’’ additional 24 firms had employment of Carriers. Under that size standard, such In addition, the term ‘‘small business’’ 1,000 employees or more. Thus, under a business is small if it has 1,500 or has the same meaning as the term this size standard, the great majority of fewer employees. According to ‘‘small business concern’’ under the firms can be considered small. Commission data, 229 companies Small Business Act. A small business 13. Incumbent Local Exchange reported that their primary concern is one which: (1) Is Carriers (incumbent LECs). Neither the telecommunications service activity was VerDate jul<14>2003 15:42 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02SEP2.SGM 02SEP2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52309 the provision of payphone services. Of have more than 1,500 employees. auctioned 347 C, D, E, and F Block these 229 companies, an estimated 181 Consequently, the Commission licenses. There were 48 small business have 1,500 or fewer employees and 48 estimates that most ‘‘Other Toll winning bidders. On January 26, 2001, have more than 1,500 employees. Carriers’’ are small entities that may be the Commission completed the auction Consequently, the Commission affected by the rules and policies of 422 C and F Broadband PCS licenses estimates that the majority of payphone adopted herein. in Auction No. 35. Of the 35 winning service providers are small entities that 19. Wireless Service Providers. The bidders in this auction, 29 qualified as may be affected by the rules and SBA has developed a small business ‘‘small’’ or ‘‘very small’’ businesses. policies adopted herein. size standard for wireless firms within Subsequent events, concerning Auction 16. Operator Service Providers (OSPs). the two broad economic census 35, including judicial and agency Neither the Commission nor the SBA categories of Paging and Cellular and determinations, resulted in a total of 163 has developed a size standard for small Other Wireless Telecommunications. C and F Block licenses being available businesses specifically applicable to Under both SBA categories, a wireless for grant. In addition, we note that, as operator service providers. The closest business is small if it has 1,500 or fewer a general matter, the number of winning applicable size standard under SBA employees. For the census category of bidders that qualify as small businesses rules is for Wired Telecommunications Paging, Census Bureau data for 1997 at the close of an auction does not Carriers. Under that size standard, such show that there were 1,320 firms in this necessarily represent the number of a business is small if it has 1,500 or category, total, that operated for the small businesses currently in service. fewer employees. According to entire year. Of this total, 1,303 firms had Also, the Commission does not Commission data, 22 companies employment of 999 or fewer employees, generally track subsequent business size reported that they were engaged in the and an additional 17 firms had unless, in the context of assignments or provision of operator services. Of these employment of 1,000 employees or transfers, unjust enrichment issues are 22 companies, an estimated 20 have more. Thus, under this category and implicated. 1,500 or fewer employees and two have associated small business size standard, 21. Narrowband Personal more than 1,500 employees. the great majority of firms can be Communications Services. To date, two Consequently, the Commission considered small. For the census auctions of narrowband personal estimates that the great majority of category Cellular and Other Wireless communications services (PCS) licenses payphone service providers are small Telecommunications firms, Census have been conducted. For purposes of entities that may be affected by the rules Bureau data for 1997 show that there and policies adopted herein. were 977 firms in this category, total, the two auctions that have already been 17. Prepaid Calling Card Providers. that operated for the entire year. Of this held, ‘‘small businesses’’ were entities The SBA has developed a size standard total, 965 firms had employment of 999 with average gross revenues for the prior for a small business within the category or fewer employees, and an additional three calendar years of $40 million or of Telecommunications Resellers. Under 12 firms had employment of 1,000 less. Through these auctions, the that SBA size standard, such a business employees or more. Thus, under this Commission has awarded a total of 41 is small if it has 1,500 or fewer second category and size standard, the licenses, out of which 11 were obtained employees. According to Commission great majority of firms can, again, be by small businesses. To ensure data, 32 companies reported that they considered small. meaningful participation of small were engaged in the provision of 20. Broadband Personal business entities in future auctions, the prepaid calling cards. Of these 32 Communications Service. The Commission has adopted a two-tiered companies, an estimated 31 have 1,500 broadband Personal Communications small business size standard in the or fewer employees and one has more Service (PCS) spectrum is divided into Narrowband PCS Second Report and than 1,500 employees. Consequently, six frequency blocks designated A Order. A ‘‘small business’’ is an entity the Commission estimates that the great through F, and the Commission has held that, together with affiliates and majority of prepaid calling card auctions for each block. The controlling interests, has average gross providers are small entities that may be Commission defined ‘‘small entity’’ for revenues for the three preceding years of affected by the rules and policies Blocks C and F as an entity that has not more than $40 million. A ‘‘very adopted herein. average gross revenues of $40 million or small business’’ is an entity that, 18. Other Toll Carriers. Neither the less in the three previous calendar together with affiliates and controlling Commission nor the SBA has developed years. For Block F, an additional interests, has average gross revenues for a size standard for small businesses classification for ‘‘very small business’’ the three preceding years of not more specifically applicable to ‘‘Other Toll was added and is defined as an entity than $15 million. The SBA has Carriers.’’ This category includes toll that, together with its affiliates, has approved these small business size carriers that do not fall within the average gross revenues of not more than standards. In the future, the categories of interexchange carriers, $15 million for the preceding three Commission will auction 459 licenses to operator service providers, prepaid calendar years. These standards serve Metropolitan Trading Areas calling card providers, satellite service defining ‘‘small entity’’ in the context of (MTAs) and 408 response channel carriers, or toll resellers. The closest broadband PCS auctions have been licenses. There is also one megahertz of applicable size standard under SBA approved by the SBA. No small narrowband PCS spectrum that has been rules is for Wired Telecommunications businesses, within the SBA-approved held in reserve and that the Commission Carriers. Under that size standard, such small business size standards bid has not yet decided to release for a business is small if it has 1,500 or successfully for licenses in Blocks A licensing. The Commission cannot fewer employees. According to and B. There were 90 winning bidders predict accurately the number of Commission’s data, 42 companies that qualified as small entities in the licenses that will be awarded to small reported that their primary Block C auctions. A total of 93 small entities in future actions. However, four telecommunications service activity was and very small business bidders won of the 16 winning bidders in the two the provision of payphone services. Of approximately 40 percent of the 1,479 previous narrowband PCS auctions were these 42 companies, an estimated 37 licenses for Blocks D, E, and F. On small businesses, as that term was have 1,500 or fewer employees and five March 23, 1999, the Commission re- defined under the Commission’s Rules. VerDate jul<14>2003 15:42 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\02SEP2.SGM 02SEP2 52310 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules The Commission assumes, for purposes auction, 908 licenses were auctioned in has average gross revenues not of this analysis, that a large portion of three different-sized geographic areas: exceeding $15 million for the preceding the remaining narrowband PCS licenses three nationwide licenses, 30 Regional three years. Additionally, a ‘‘very small will be awarded to small entities. The Economic Area Group (EAG) Licenses, business’’ is an entity that, together with Commission also assumes that at least and 875 Economic Area (EA) Licenses. its affiliates and controlling principals, some small businesses will acquire Of the 908 licenses auctioned, 693 were has average gross revenues that are not narrowband PCS licenses by means of sold. Thirty-nine small businesses won more than $3 million for the preceding the Commission’s partitioning and licenses in the first 220 MHz auction. three years. An auction of Metropolitan disaggregation rules. The second auction included 225 Economic Area licenses commenced on 22. 220 MHz Radio Service—Phase I licenses: 216 EA licenses and 9 EAG February 24, 2000, and closed on March Licensees. The 220 MHz service has licenses. Fourteen companies claiming 2, 2000. Of the 985 licenses auctioned, both Phase I and Phase II licenses. Phase small business status won 158 licenses. 440 were sold. Fifty-seven companies I licensing was conducted by lotteries in 24. 800 MHz and 900 MHz claiming small business status won. At 1992 and 1993. There are approximately Specialized Mobile Radio Licenses. The present, there are approximately 24,000 1,515 such non-nationwide licensees Commission awards ‘‘small entity’’ and Private-Paging site-specific licenses and and four nationwide licensees currently ‘‘very small entity’’ bidding credits in 74,000 Common Carrier Paging licenses. authorized to operate in the 220 MHz auctions for Specialized Mobile Radio According to the most recent Trends in band. The Commission has not (SMR) geographic area licenses in the Telephone Service, 471 carriers reported developed a small business size 800 MHz and 900 MHz bands to firms that they were engaged in the provision standard for small entities specifically that had revenues of no more than $15 of either paging and messaging services applicable to such incumbent 220 MHz million in each of the three previous or other mobile services. Of those, the Phase I licensees. To estimate the calendar years, or that had revenues of Commission estimates that 450 are number of such licensees that are small no more than $3 million in each of the small, under the SBA business size businesses, we apply the small business previous calendar years, respectively. standard specifying that firms are small size standard under the SBA rules These bidding credits apply to SMR if they have 1,500 or fewer employees. applicable to ‘‘Cellular and Other providers in the 800 MHz and 900 MHz 26. 700 MHz Guard Band Licensees. Wireless Telecommunications’’ bands that either hold geographic area In the 700 MHz Guard Band Order, we companies. This standard provides that licenses or have obtained extended adopted a small business size standard such a company is small if it employs implementation authorizations. The for ‘‘small businesses’’ and ‘‘very small no more than 1,500 persons. According Commission does not know how many businesses’’ for purposes of determining to Census Bureau data for 1997, there firms provide 800 MHz or 900 MHz their eligibility for special provisions were 977 firms in this category, total, geographic area SMR service pursuant such as bidding credits and installment that operated for the entire year. Of this to extended implementation payments. A ‘‘small business’’ as an total, 965 firms had employment of 999 authorizations, nor how many of these entity that, together with its affiliates or fewer employees, and an additional providers have annual revenues of no and controlling principals, has average 12 firms had employment of 1,000 more than $15 million. One firm has gross revenues not exceeding $15 employees or more. If this general ratio over $15 million in revenues. The million for the preceding three years. continues in the context of Phase I 220 Commission assumes, for purposes here, Additionally, a ‘‘very small business’’ is MHz licensees, the Commission that all of the remaining existing an entity that, together with its affiliates estimates that nearly all such licensees extended implementation and controlling principals, has average are small businesses under the SBA’s authorizations are held by small gross revenues that are not more than $3 small business size standard. entities, as that term is defined by the million for the preceding three years. 23. 220 MHz Radio Service—Phase II SBA. The Commission has held An auction of 52 Major Economic Area Licensees. The 220 MHz service has auctions for geographic area licenses in (MEA) licenses commenced on both Phase I and Phase II licenses. The the 800 MHz and 900 MHz SMR bands. September 6, 2000, and closed on Phase II 220 MHz service is a new There were 60 winning bidders that September 21, 2000. Of the 104 licenses service, and is subject to spectrum qualified as small or very small entities auctioned, 96 licenses were sold to nine auctions. In the 220 MHz Third Report in the 900 MHz SMR auctions. Of the bidders. Five of these bidders were and Order, we adopted a small business 1,020 licenses won in the 900 MHz small businesses that won a total of 26 size standard for ‘‘small’’ and ‘‘very auction, bidders qualifying as small or licenses. A second auction of 700 MHz small’’ businesses for purposes of very small entities won 263 licenses. In Guard Band licenses commenced on determining their eligibility for special the 800 MHz auction, 38 of the 524 February 13, 2001 and closed on provisions such as bidding credits and licenses won were won by small and February 21, 2001. All eight of the installment payments. This small very small entities. Consequently, the licenses auctioned were sold to three business size standard indicates that a Commission estimates that there are 301 bidders. One of these bidders was a ‘‘small business’’ is an entity that, or fewer small entity SMR licensees in small business that won a total of two together with its affiliates and the 800 MHz and 900 MHz bands that licenses. controlling principals, has average gross may be affected by the rules and 27. Rural Radiotelephone Service. The revenues not exceeding $15 million for policies adopted herein. Commission has not adopted a size the preceding three years. A ‘‘very small 25. Common Carrier Paging. In the standard for small businesses specific to business’’ is an entity that, together with Paging Third Report and Order, we the Rural Radiotelephone Service. A its affiliates and controlling principals, developed a small business size significant subset of the Rural has average gross revenues that do not standard for ‘‘small businesses’’ and Radiotelephone Service is the Basic exceed $3 million for the preceding ‘‘very small businesses’’ for purposes of Exchange Telephone Radio System three years. The SBA has approved determining their eligibility for special (BETRS). The Commission uses the these small business size standards. provisions such as bidding credits and SBA’s small business size standard Auctions of Phase II licenses installment payments. A ‘‘small applicable to ‘‘Cellular and Other commenced on September 15, 1998, and business’’ is an entity that, together with Wireless Telecommunications,’’ i.e., an closed on October 22, 1998. In the first its affiliates and controlling principals, entity employing no more than 1,500 VerDate jul<14>2003 15:42 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\02SEP2.SGM 02SEP2 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52311 persons. There are approximately 1,000 almost all of them qualify as ‘‘small’’ $15 million for each of the three licensees in the Rural Radiotelephone businesses under the above special preceding years. The SBA has approved Service, and the Commission estimates small business size standards. these small business size standards. The that there are 1,000 or fewer small entity 30. Fixed Microwave Services. Fixed Commission auctioned geographic area licensees in the Rural Radiotelephone microwave services include common licenses in the WCS service. In the Service that may be affected by the rules carrier, private operational-fixed, and auction, there were seven winning and policies adopted herein. broadcast auxiliary radio services. At bidders that qualified as ‘‘very small 28. Air-Ground Radiotelephone present, there are approximately 22,015 business’’ entities, and one that Service. The Commission has not common carrier fixed licensees and qualified as a ‘‘small business’’ entity. adopted a small business size standard 61,670 private operational-fixed We conclude that the number of specific to the Air-Ground licensees and broadcast auxiliary radio geographic area WCS licensees affected Radiotelephone Service. It will use licensees in the microwave services. by this analysis includes these eight SBA’s small business size standard The Commission has not created a size entities. applicable to ‘‘Cellular and Other standard for a small business 33. 39 GHz Service. The Commission Wireless Telecommunications,’’ i.e., an specifically with respect to fixed created a special small business size entity employing no more than 1,500 microwave services. For purposes of standard for 39 GHz licenses—an entity persons. There are approximately 100 this analysis, the Commission uses the that has average gross revenues of $40 licensees in the Air-Ground SBA small business size standard for the million or less in the three previous Radiotelephone Service, and we category ‘‘Cellular and Other calendar years. An additional size estimate that almost all of them qualify Telecommunications,’’ which is 1,500 standard for ‘‘very small business’’ is an as small under the SBA small business or fewer employees. The Commission entity that, together with affiliates, has size standard. does not have data specifying the average gross revenues of not more than 29. Aviation and Marine Radio number of these licensees that have $15 million for the preceding three Services. Small businesses in the more than 1,500 employees, and thus calendar years. The SBA has approved aviation and marine radio services use are unable at this time to estimate with these small business size standards. The a very high frequency (VHF) marine or greater precision the number of fixed auction of the 2,173 39 GHz licenses aircraft radio and, as appropriate, an microwave service licensees that would began on April 12, 2000 and closed on emergency position-indicating radio qualify as small business concerns May 8, 2000. The 18 bidders who beacon (and/or radar) or an emergency under the SBA’s small business size claimed small business status won 849 locator transmitter. The Commission has standard. Consequently, the licenses. Consequently, the Commission not developed a small business size Commission estimates that there are up estimates that 18 or fewer 39 GHz standard specifically applicable to these to 22,015 common carrier fixed licensees are small entities that may be small businesses. For purposes of this licensees and up to 61,670 private affected by the rules and polices analysis, the Commission uses the SBA operational-fixed licensees and adopted herein. small business size standard for the broadcast auxiliary radio licensees in 34. Multipoint Distribution Service, category ‘‘Cellular and Other the microwave services that may be Multichannel Multipoint Distribution Telecommunications,’’ which is 1,500 small and may be affected by the rules Service, and ITFS. Multichannel or fewer employees. Most applicants for and policies adopted herein. We noted, Multipoint Distribution Service (MMDS) recreational licenses are individuals. however, that the common carrier systems, often referred to as ‘‘wireless Approximately 581,000 ship station microwave fixed licensee category cable,’’ transmit video programming to licensees and 131,000 aircraft station includes some large entities. subscribers using the microwave licensees operate domestically and are 31. Offshore Radiotelephone Service. frequencies of the Multipoint not subject to the radio carriage This service operates on several UHF Distribution Service (MDS) and requirements of any statute or treaty. television broadcast channels that are Instructional Television Fixed Service For purposes of our evaluations in this not used for television broadcasting in (ITFS). In connection with the 1996 analysis, we estimate that there are up the coastal areas of states bordering the MDS auction, the Commission to approximately 712,000 licensees that Gulf of Mexico. There are presently established a small business size are small businesses (or individuals) approximately 55 licensees in this standard as an entity that had annual under the SBA standard. In addition, service. We are unable to estimate at average gross revenues of less than $40 between December 3, 1998 and this time the number of licensees that million in the previous three calendar December 14, 1998, the Commission would qualify as small under the SBA’s years. The MDS auctions resulted in 67 held an auction of 42 VHF Public Coast small business size standard for successful bidders obtaining licensing licenses in the 157.1875–157.4500 MHz ‘‘Cellular and Other Wireless opportunities for 493 Basic Trading (ship transmit) and 161.775–162.0125 Telecommunications’’ services. Under Areas (BTAs). Of the 67 auction MHz (coast transmit) bands. For that SBA small business size standard, winners, 61 met the definition of a small purposes of the auction, the a business is small if it has 1,500 or business. MDS also includes licensees Commission defined a ‘‘small’’ business fewer employees. of stations authorized prior to the as an entity that, together with 32. Wireless Communications auction. In addition, the SBA has controlling interests and affiliates, has Services. This service can be used for developed a small business size average gross revenues for the preceding fixed, mobile, radiolocation, and digital standard for Cable and Other Program three years not to exceed $15 million audio broadcasting satellite uses. The Distribution, which includes all such dollars. In addition, a ‘‘very small’’ Commission established small business companies generating $12.5 million or business is one that, together with size standards for the wireless less in annual receipts. According to controlling interests and affiliates, has communications services (WCS) Census Bureau data for 1997, there were average gross revenues for the preceding auction. A ‘‘small business’’ is an entity a total of 1,311 firms in this category, three years not to exceed $3 million with average gross revenues of $40 total, that had operated for the entire dollars. There are approximately 10,672 million for each of the three preceding year. Of this total, 1,180 firms had licensees in the Marine Coast Service, years, and a ‘‘very small business’’ is an annual receipts of under $10 million and the Commission estimates that entity with average gross revenues of and an additional 52 firms had receipts VerDate jul<14>2003 15:42 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\02SEP2.SGM 02SEP2 52312 Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules of $10 million or more but less than $25 (excluding any carry-over losses), has no revenues for the three preceding years million. Consequently, we estimate that more than $2 million in annual profits not in excess of $15 million. ‘‘Very the majority of providers in this service each year for the previous two years. In small business’’ in the 24 GHz band is category are small businesses that may the 218–219 MHz Report and Order and an entity that, together with controlling be affected by the rules and policies Memorandum Opinion and Order, we interests and affiliates, has average gross adopted herein. This SBA small established a small business size revenues not exceeding $3 million for business size standard also appears standard for a ‘‘small business’’ as an the preceding three years. The SBA has applicable to ITFS. There are presently entity that, together with its affiliates approved these small business size 2,032 ITFS licensees. All but 100 of and persons or entities that hold standards. These size standards will these licenses are held by educational interests in such an entity and their apply to the future auction, if held. institutions. Educational institutions are affiliates, has average annual gross 39. Internet Service Providers. While included in this analysis as small revenues not to exceed $15 million for internet service providers (ISPs) would entities. Thus, we tentatively conclude the preceding three years. A ‘‘very small only be indirectly affected by the that at least 1,932 licensees are small business’’ is defined as an entity that, proposed rules, and ISPs are therefore businesses. together with its affiliates and persons not formally included within this 35. Local Multipoint Distribution or entities that hold interests in such an present IRFA, we address them Service. Local Multipoint Distribution entity and its affiliates, has average informally to create a fuller record. The Service (LMDS) is a fixed broadband annual gross revenues not to exceed $3 SBA has developed a small business point-to-multipoint microwave service million for the preceding three years. size standard for Online Information that provides for two-way video We cannot estimate, however, the Services, which consists of all such telecommunications. The auction of the number of licenses that will be won by companies having $21 million or less in 1,030 Local Multipoint Distribution entities qualifying as small or very small annual receipts. According to Census Service (LMDS) licenses began on businesses under our rules in future Bureau data for 1997, there were 2,751 February 18, 1998 and closed on March auctions of 218–219 MHz spectrum. firms in this category, total, that 25, 1998. The Commission established a 37. 24 GHz—Incumbent Licensees. operated for the entire year. Of this small business size standard for LMDS This analysis may affect incumbent total, 2,659 firms had annual receipts of licenses as an entity that has average licensees who were relocated to the 24 $9,999,999 or less, and an additional 67 gross revenues of less than $40 million GHz band from the 18 GHz band, and had receipts of $10 million to in the three previous calendar years. An applicants who wish to provide services $24,999,999. Thus, under this size additional small business size standard in the 24 GHz band. The applicable SBA standard, the great majority of firms can for ‘‘very small business’’ was added as small business size standard is that of be considered small. an entity that, together with its affiliates, ‘‘Cellular and Other Wireless has average gross revenues of not more Telecommunications’’ companies. This Federal Rules That May Duplicate, than $15 million for the preceding three category provides that such a company Overlap, or Conflict With the Proposed calendar years. The SBA has approved is small if it employs no more than Rules these small business size standards in 1,500 persons. According to Census None. the context of LMDS auctions. There Bureau data for 1997, there were 977 were 93 winning bidders that qualified firms in this category, total, that Ordering Clauses as small entities in the LMDS auctions. operated for the entire year. Of this 12. Accordingly, pursuant to the A total of 93 small and very small total, 965 firms had employment of 999 authority contained in sections 1, 2, business bidders won approximately or fewer employees, and an additional 4(i)–4(j), 201, 202, 205, 251, 271, 272, 277 A Block licenses and 387 B Block 12 firms had employment of 1,000 and 303(r) of the Communications Act licenses. On March 27, 1999, the employees or more. Thus, under this of 1934, as amended, 47 U.S.C. 151, 152, Commission re-auctioned 161 licenses; size standard, the great majority of firms 154(i)–4(j), 201, 202, 205, 251, 271, 272, there were 40 winning bidders. Based can be considered small. These broader and 303(r), this NPRM is adopted. on this information, we conclude that census data notwithstanding, we believe 13. The Commission’s Consumer and the number of small LMDS licenses that there are only two licensees in the Governmental Affairs Bureau, Reference consists of the 93 winning bidders in 24 GHz band that were relocated from Information Center, shall send a copy of the first auction and the 40 winning the 18 GHz band, Teligent and TRW, this NPRM, including the Initial bidders in the re-auction, for a total of Inc. It is our understanding that Teligent Regulatory Flexibility Certification, to 133 small entity LMDS providers. and its related companies have less than the Chief Counsel for Advocacy of the 36. 218–219 MHz Service. The first 1,500 employees, though this may Small Business Administration. auction of 218–219 MHz spectrum change in the future. TRW is not a small resulted in 170 entities winning licenses entity. Thus, only one incumbent List of Subjects in 47 CFR Part 51 for 594 Metropolitan Statistical Area licensee in the 24 GHz band is a small Interconnection, Telecommunications (MSA) licenses. Of the 594 licenses, 557 business entity. carriers. were won by entities qualifying as a 38. 24 GHz—Future Licensees. With small business. For that auction, the respect to new applicants in the 24 GHz Federal Communications Commission. small business size standard was an band, the small business size standard William F. Caton, entity that, together with its affiliates, for ‘‘small business’’ is an entity that, Deputy Secretary. has no more than a $6 million net worth together with controlling interests and [FR Doc. 03–22194 Filed 8–29–03; 8:45 am] and, after federal income taxes affiliates, has average annual gross BILLING CODE 6712–01–P VerDate jul<14>2003 15:42 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\02SEP2.SGM 02SEP2 i Reader Aids Federal Register Vol. 68, No. 169 Tuesday, September 2, 2003 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER 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. 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FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 52077–52312...... 2 VerDate jul 14 2003 18:09 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\02SECU.LOC 02SECU ii Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids REMINDERS Public Housing Capital Fund AGRICULTURE Commercial fishing The items in this list were Program funds; obligation DEPARTMENT authorizations— editorially compiled as an aid and expenditure; Agricultural Marketing Zero Mortality Rate Goal; to Federal Register users. published 8-1-03 Service definition; comments Inclusion or exclusion from TRANSPORTATION Peanuts, domestic and due by 9-8-03; this list has no legal DEPARTMENT imported, marketed in published 7-9-03 [FR significance. Federal Aviation United States; minimum 03-17240] Administration quality and handling COMMODITY FUTURES standards; comments due Airworthiness directives: TRADING COMMISSION RULES GOING INTO by 9-8-03; published 8-7-03 Commodity Exchange Act: EFFECT SEPTEMBER 2, BAE Systems (Operations) [FR 03-20158] Ltd.; published 7-28-03 Futures commission 2003 AGRICULTURE Boeing; published 7-28-03 merchants and introducing DEPARTMENT brokers; minimum financial Airworthiness standards: COMMERCE DEPARTMENT Agricultural Marketing and related reporting Transport category Service National Oceanic and requirements; comments airplanes— Potatoes (Irish) grown in— Atmospheric Administration due by 9-8-03; published Thermal/acoustic Idaho and Oregon; 7-9-03 [FR 03-17218] Fishery conservation and insulation materials; comments due by 9-12- management: ENVIRONMENTAL improved flammability 03; published 8-28-03 [FR PROTECTION AGENCY Northeastern United States standards; published 7- 03-21990] fisheries— 31-03 Air quality implementation AGRICULTURE plans; approval and Summer flounder; TRANSPORTATION DEPARTMENT promulgation; various published 9-2-03 DEPARTMENT Agricultural Marketing States: Space-based data collection National Highway Traffic Service California; comments due by systems; policies and Safety Administration Prunes (dried) produced in— 9-8-03; published 8-8-03 procedures; published 8-1- Motor vehicle safety California; comments due by [FR 03-20306] 03 standards: 9-8-03; published 7-9-03 ENVIRONMENTAL ENVIRONMENTAL Multifunction school activity [FR 03-17276] PROTECTION AGENCY PROTECTION AGENCY bus; definition; published AGRICULTURE Air quality implementation Air quality implementation 7-31-03 DEPARTMENT plans; approval and plans: TREASURY DEPARTMENT Animal and Plant Health promulgation; various Inspection Service Preparation, adoption, and Alcohol and Tobacco Tax States: submittal— and Trade Bureau Animal and plant health California; comments due by Regional haze rule; emergency programs; cost- 9-10-03; published 8-11- Alcohol; viticultural area sharing; comments due by Western States and designations: 03 [FR 03-20426] Indian tribes; mobile 9-8-03; published 7-8-03 Seneca Lake, NY; published [FR 03-17042] ENVIRONMENTAL source provisions; PROTECTION AGENCY published 7-3-03 7-3-03 Biological agents and toxins; Alcoholic beverages: possession, use, and Air quality implementation Air quality implementation plans; approval and plans; approval and Wine; labeling and transfer: advertising— Listing criteria; meetings; promulgation; various promulgation; various States: States: Fruit and agricultural comments due by 9-8-03; published 7-24-03 [FR 03- California; comments due by Texas; published 7-2-03 wines; amelioration; technical amendments; 18951] 9-10-03; published 8-11- FEDERAL published 7-2-03 Plant-related quarantine, 03 [FR 03-20427] COMMUNICATIONS domestic: ENVIRONMENTAL COMMISSION PROTECTION AGENCY COMMENTS DUE NEXT Karnal bunt; comments due Television broadcasting: by 9-8-03; published 7-8- Air quality implementation Satellite Home Improvement WEEK 03 [FR 03-17202] plans; approval and Act; implementation— User fees: promulgation; various Retransmission consent AGRICULTURE Veterinary services— States: issues; good faith DEPARTMENT Pet food facility inspection Florida; comments due by negotiation and Agricultural Marketing and approval; 9-10-03; published 8-11- exclusivity; correction; Service comments due by 9-8- 03 [FR 03-20302] published 9-2-03 Commodity laboratory testing 03; published 7-9-03 ENVIRONMENTAL GENERAL SERVICES programs: [FR 03-17332] PROTECTION AGENCY ADMINISTRATION Cottonseed chemist COMMERCE DEPARTMENT Air quality implementation Acquisition regulations: licensing program, testing National Oceanic and plans; approval and Products having laboratories addresses, Atmospheric Administration promulgation; various environmental attributes; and information symbols; Fishery conservation and States: identification; published 9- comments due by 9-12- management: Florida; comments due by 2-03 03; published 8-13-03 [FR Alaska; fisheries of 9-10-03; published 8-11- 03-20563] 03 [FR 03-20303] HOMELAND SECURITY Exclusive Economic DEPARTMENT AGRICULTURE Zone— ENVIRONMENTAL DEPARTMENT Atka mackerel; comments Coast Guard PROTECTION AGENCY Agricultural Marketing due by 9-12-03; Anchorage regulations: Air quality implementation Service published 8-29-03 [FR plans; approval and Maine; published 7-31-03 Nectarines and peaches 03-22191] promulgation; various HOUSING AND URBAN grown in— COMMERCE DEPARTMENT States: DEVELOPMENT California; comments due by National Oceanic and Missouri; comments due by DEPARTMENT 9-12-03; published 8-13- Atmospheric Administration 9-10-03; published 8-11- Public and Indian housing: 03 [FR 03-20688] Marine mammals: 03 [FR 03-20300] VerDate jul 14 2003 18:09 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\02SECU.LOC 02SECU Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids iii ENVIRONMENTAL Waste Isolation Pilot States; comments due by JUSTICE DEPARTMENT PROTECTION AGENCY Plant; waste 9-8-03; published 7-10-03 Privacy Act; implementation; Air quality implementation characterization program [FR 03-17477] comments due by 9-10-03; plans; approval and documents availability— Federal property management: published 8-11-03 [FR 03- promulgation; various Idaho National Claims collection; comments 20341] States: Engineering and due by 9-9-03; published LABOR DEPARTMENT Missouri; comments due by Environmental 7-11-03 [FR 03-17286] Laboratory Advanced Nondiscrimination on basis of 9-10-03; published 8-11- HOMELAND SECURITY Mixed Waste Treatment age in federally assisted 03 [FR 03-20301] DEPARTMENT Project; comments due programs or activities; ENVIRONMENTAL by 9-11-03; published Coast Guard comments due by 9-9-03; PROTECTION AGENCY 8-12-03 [FR 03-20525] Drawbridge operations: published 7-11-03 [FR 03- 17591] Air quality implementation Virginia; comments due by plans; approval and ENVIRONMENTAL PROTECTION AGENCY 9-12-03; published 7-16- NATIONAL MEDIATION promulgation; various BOARD Superfund program: 03 [FR 03-17989] States: Administrative rules and National oil and hazardous HOMELAND SECURITY New Jersey; comments due DEPARTMENT procedures: by 9-10-03; published 8- substances contingency plan— Coast Guard Rail industry dispute 11-03 [FR 03-20424] resolution; timely case National priorities list Ports and waterways safety: ENVIRONMENTAL processing; comments update; comments due PROTECTION AGENCY El Segundo offshore marine due by 9-8-03; published by 9-12-03; published terminal, Los Angeles, Air quality implementation 8-7-03 [FR 03-20085] 8-13-03 [FR 03-20430] CA; safety zone; plans; approval and comments due by 9-8-03; PERSONNEL MANAGEMENT promulgation; various ENVIRONMENTAL published 7-10-03 [FR 03- OFFICE States: PROTECTION AGENCY 17461] Pay administration: New Jersey; comments due Superfund program: New York Marine Inspection Federal wage system survey by 9-10-03; published 8- National oil and hazardous and Captain of Port job; comments due by 9- 11-03 [FR 03-20425] substances contingency plan— Zones, NY; safety and 11-03; published 8-12-03 ENVIRONMENTAL security zones; comments [FR 03-20445] PROTECTION AGENCY National priorities list due by 9-8-03; published update; comments due TRANSPORTATION Air quality implementation 8-7-03 [FR 03-20023] by 9-12-03; published DEPARTMENT plans; approval and 8-13-03 [FR 03-20431] HOMELAND SECURITY Federal Aviation promulgation; various DEPARTMENT Administration States: EQUAL EMPLOYMENT Coast Guard Air carrier certification and West Virginia; comments OPPORTUNITY COMMISSION Ports and waterways safety: operations: due by 9-10-03; published Age Discrimination in 8-11-03 [FR 03-20304] Employment Act: St. Croix, U.S. Virgin Hawaii; air tour operators; Retiree health benefits; Islands; safety zone; comments due by 9-8-03; ENVIRONMENTAL comments due by 9-8-03; published 8-8-03 [FR 03- PROTECTION AGENCY comments due by 9-12- 03; published 7-14-03 [FR published 7-10-03 [FR 03- 20277] Air quality implementation 03-17738] 17462] Hawaii; air tour operators; plans; approval and FEDERAL HOMELAND SECURITY correction; comments due promulgation; various DEPARTMENT by 9-8-03; published 8-20- States: COMMUNICATIONS Coast Guard 03 [FR 03-21423] West Virginia; comments COMMISSION Regattas and marine parades: Airworthiness directives: due by 9-10-03; published Common carrier services: 8-11-03 [FR 03-20305] Commercial mobile radio Isle of Wight Bay, Ocean Airline Container services— City, MD; marine events; Manufacturing Co., Inc.; ENVIRONMENTAL comments due by 9-12- Facilitate provision of comments due by 9-8-03; PROTECTION AGENCY 03; published 7-29-03 [FR fixed and mobile published 7-8-03 [FR 03- Pesticides; tolerances in food, 17111] 03-19196] animal feeds, and raw broadband access, JUSTICE DEPARTMENT TRANSPORTATION agricultural commodities: education, and other advanced services in Drug Enforcement DEPARTMENT Aspergillus flavus AF36; 2150-2162 and 2500- Administration Federal Aviation comments due by 9-12- 2690 MHz bands; Controlled substances; Administration 03; published 7-14-03 [FR comments due by 9-8- 03-17726] manufacturers, distributors, Airworthiness directives: 03; published 6-10-03 and dispensers; registration: ENVIRONMENTAL Boeing; comments due by [FR 03-14222] Reverse distributors; PROTECTION AGENCY 9-8-03; published 7-10-03 Digital television stations; table definition and registration; [FR 03-17311] Pesticides; tolerances in food, of assignments: comments due by 9-9-03; TRANSPORTATION animal feeds, and raw Oklahoma; comments due published 7-11-03 [FR 03- DEPARTMENT agricultural commodities: by 9-8-03; published 7-24- 17578] Diallyl sulfides; comments 03 [FR 03-18833] Federal Aviation JUSTICE DEPARTMENT Administration due by 9-8-03; published GENERAL SERVICES 7-9-03 [FR 03-17106] Drug Enforcement Airworthiness directives: ADMINISTRATION Administration Emamectin; comments due Boeing; comments due by Federal claims collection: Controlled substances; by 9-8-03; published 7-9- 9-8-03; published 7-9-03 Administrative wage manufacturers, distributors, 03 [FR 03-17212] [FR 03-17432] garnishment; comments and dispensers; registration: ENVIRONMENTAL due by 9-9-03; published Theft or significant loss; TRANSPORTATION PROTECTION AGENCY 7-11-03 [FR 03-17400] reports by registrants; DEPARTMENT Radiation protection programs: Salary offset for comments due by 9-8-03; Federal Aviation Transuranic radioactive indebtedness of Federal published 7-8-03 [FR 03- Administration waste for disposal at employees to United 17127] Airworthiness directives: VerDate jul 14 2003 18:09 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\02SECU.LOC 02SECU iv Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids Boeing; comments due by 03; published 7-25-03 Non-VA physicians— H.R. 2854/P.L. 108–74 9-8-03; published 7-24-03 [FR 03-18924] Medication prescribed by To amend title XXI of the [FR 03-18788] non-VA physicians; TRANSPORTATION Social Security Act to extend requirements and limits; Cessna; comments due by DEPARTMENT the availability of allotments comments due by 9-8- 9-8-03; published 8-1-03 National Highway Traffic for fiscal years 1998 through [FR 03-19585] 03; published 7-25-03 Safety Administration [FR 03-19011] 2001 under the State General Electric Co.; Motor vehicle safety Children’s Health Insurance comments due by 9-8-03; standards: Program, and for other published 7-8-03 [FR 03- Side impact protection and LIST OF PUBLIC LAWS purposes. (Aug. 15, 2003; 117 17178] fuel system integrity— Stat. 892) McDonnell Douglas; This is a continuing list of Radial tires instead of S. 1015/P.L. 108–75 comments due by 9-8-03; public bills from the current bias ply tires used on published 7-24-03 [FR 03- session of Congress which Mosquito Abatement for Safety moving barriers; 18795] have become Federal laws. It and Health Act (Aug. 15, comments due by 9-12- may be used in conjunction 2003; 117 Stat. 898) TRANSPORTATION 03; published 7-29-03 with ‘‘PLUS’’ (Public Laws DEPARTMENT [FR 03-19261] Update Service) on 202–741– H.R. 1412/P.L. 108–76 Federal Aviation TREASURY DEPARTMENT 6043. This list is also Administration Higher Education Relief Internal Revenue Service available online at http:// Opportunities for Students Act Airworthiness standards: www.nara.gov/fedreg/ Income taxes, etc.: of 2003 (Aug. 18, 2003; 117 Special conditions— plawcurr.html. Automatic time extension to Stat. 904) Dassault Model Falcon 10 file certain information The text of laws is not Last List August 19, 2003 Series airplanes; returns and exempt published in the Federal comments due by 9-10- organization returns; Register but may be ordered 03; published 8-11-03 cross-reference; in ‘‘slip law’’ (individual [FR 03-20400] comments due by 9-9-03; pamphlet) form from the Public Laws Electronic TRANSPORTATION published 6-11-03 [FR 03- Superintendent of Documents, Notification Service DEPARTMENT 14604] U.S. Government Printing Office, Washington, DC 20402 (PENS) National Highway Traffic Procedure and administration: (phone, 202–512–1808). The Safety Administration Agriculture Department; text will also be made Confidential business return information available on the Internet from PENS is a free electronic mail information; comments due disclosure; comments due GPO Access at http:// notification service of newly by 9-11-03; published 7-28- by 9-8-03; published 6-6- www.access.gpo.gov/nara/ enacted public laws. To 03 [FR 03-19069] 03 [FR 03-14206] nara005.html. Some laws may subscribe, go to http:// TRANSPORTATION Agriculture Department; not yet be available. listserv.gsa.gov/archives/ DEPARTMENT return information publaws-l.html H.R. 2195/P.L. 108–72 National Highway Traffic disclosure; cross-reference Smithsonian Facilities Note: This service is strictly Safety Administration Correction; comments due Authorization Act (Aug. 15, for E-mail notification of new by 9-8-03; published 7- Motor vehicle safety 2003; 117 Stat. 888) laws. The text of laws is not 10-03 [FR 03-17524] standards: H.R. 2465/P.L. 108–73 available through this service. Glazing materials— VETERANS AFFAIRS Family Farmer Bankruptcy PENS cannot respond to Low-speed vehicles, etc.; DEPARTMENT Relief Act of 2003 (Aug. 15, specific inquiries sent to this comments due by 9-8- Medical benefits: 2003; 117 Stat. 891) address. VerDate jul 14 2003 18:09 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\02SECU.LOC 02SECU Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids v CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–050–00038–5) ...... 60.00 Jan. 1, 2003 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–050–00039–3) ...... 58.00 Jan. 1, 2003 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–050–00040–7) ...... 28.00 Jan. 1, 2003 numbers, prices, and revision dates. 200–1199 ...... (869–050–00041–5) ...... 47.00 Jan. 1, 2003 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–050–00042–3) ...... 43.00 Jan. 1, 2003 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–050–00043–1) ...... 37.00 Jan. 1, 2003 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–050–00044–0) ...... 57.00 Jan. 1, 2003 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–050–00045–8) ...... 40.00 Jan. 1, 2003 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–050–00046–6) ...... 47.00 Jan. 1, 2003 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–050–00047–4) ...... 57.00 Jan. 1, 2003 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: The annual rate for subscription to all revised paper volumes is 1–199 ...... (869–050–00049–1) ...... 50.00 Apr. 1, 2003 $1195.00 domestic, $298.75 additional for foreign mailing. 200–239 ...... (869–050–00050–4) ...... 58.00 Apr. 1, 2003 240–End ...... (869–050–00051–2) ...... 62.00 Apr. 1, 2003 Mail orders to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 18 Parts: accompanied by remittance (check, money order, GPO Deposit 1–399 ...... (869–050–00052–1) ...... 62.00 Apr. 1, 2003 Account, VISA, Master Card, or Discover). Charge orders may be 400–End ...... (869–050–00053–9) ...... 25.00 Apr. 1, 2003 telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–050–00054–7) ...... 60.00 Apr. 1, 2003 charge orders to (202) 512-2250. 141–199 ...... (869–050–00055–5) ...... 58.00 Apr. 1, 2003 Title Stock Number Price Revision Date 200–End ...... (869–050–00056–3) ...... 30.00 Apr. 1, 2003 1, 2 (2 Reserved) ...... (869–050–00001–6) ...... 9.00 4Jan. 1, 2003 20 Parts: 1–399 ...... (869–050–00057–1) ...... 50.00 Apr. 1, 2003 3 (1997 Compilation 400–499 ...... (869–050–00058–0) ...... 63.00 Apr. 1, 2003 and Parts 100 and 500–End ...... (869–050–00059–8) ...... 63.00 Apr. 1, 2003 101) ...... (869–050–00002–4) ...... 32.00 1 Jan. 1, 2003 21 Parts: 4 ...... (869–050–00003–2) ...... 9.50 Jan. 1, 2003 1–99 ...... (869–050–00060–1) ...... 40.00 Apr. 1, 2003 5 Parts: 100–169 ...... (869–050–00061–0) ...... 47.00 Apr. 1, 2003 1–699 ...... (869–050–00004–1) ...... 57.00 Jan. 1, 2003 170–199 ...... (869–050–00062–8) ...... 50.00 Apr. 1, 2003 700–1199 ...... (869–050–00005–9) ...... 46.00 Jan. 1, 2003 200–299 ...... (869–050–00063–6) ...... 17.00 Apr. 1, 2003 1200–End, 6 (6 300–499 ...... (869–050–00064–4) ...... 29.00 Apr. 1, 2003 Reserved) ...... (869–050–00006–7) ...... 58.00 Jan. 1, 2003 500–599 ...... (869–050–00065–2) ...... 47.00 Apr. 1, 2003 7 Parts: 600–799 ...... (869–050–00066–1) ...... 15.00 Apr. 1, 2003 1–26 ...... (869–050–00007–5) ...... 40.00 Jan. 1, 2003 800–1299 ...... (869–050–00067–9) ...... 58.00 Apr. 1, 2003 27–52 ...... (869–050–00008–3) ...... 47.00 Jan. 1, 2003 1300–End ...... (869–050–00068–7) ...... 22.00 Apr. 1, 2003 53–209 ...... (869–050–00009–1) ...... 36.00 Jan. 1, 2003 22 Parts: 210–299 ...... (869–050–00010–5) ...... 59.00 Jan. 1, 2003 1–299 ...... (869–050–00069–5) ...... 62.00 Apr. 1, 2003 300–399 ...... (869–050–00011–3) ...... 43.00 Jan. 1, 2003 300–End ...... (869–050–00070–9) ...... 44.00 Apr. 1, 2003 400–699 ...... (869–050–00012–1) ...... 39.00 Jan. 1, 2003 700–899 ...... (869–050–00013–0) ...... 42.00 Jan. 1, 2003 23 ...... (869–050–00071–7) ...... 44.00 Apr. 1, 2003 900–999 ...... (869–050–00014–8) ...... 57.00 Jan. 1, 2003 24 Parts: 1000–1199 ...... (869–050–00015–6) ...... 23.00 Jan. 1, 2003 0–199 ...... (869–050–00072–5) ...... 58.00 Apr. 1, 2003 1200–1599 ...... (869–050–00016–4) ...... 58.00 Jan. 1, 2003 200–499 ...... (869–050–00073–3) ...... 50.00 Apr. 1, 2003 1600–1899 ...... (869–050–00017–2) ...... 61.00 Jan. 1, 2003 500–699 ...... (869–050–00074–1) ...... 30.00 Apr. 1, 2003 4 1900–1939 ...... (869–050–00018–1) ...... 29.00 Jan. 1, 2003 700–1699 ...... (869–050–00075–0) ...... 61.00 Apr. 1, 2003 1940–1949 ...... (869–050–00019–9) ...... 47.00 Jan. 1, 2003 1700–End ...... (869–050–00076–8) ...... 30.00 Apr. 1, 2003 1950–1999 ...... (869–050–00020–2) ...... 45.00 Jan. 1, 2003 2000–End ...... (869–050–00021–1) ...... 46.00 Jan. 1, 2003 25 ...... (869–050–00077–6) ...... 63.00 Apr. 1, 2003 8 ...... (869–050–00022–9) ...... 58.00 Jan. 1, 2003 26 Parts: §§ 1.0–1–1.60 ...... (869–050–00078–4) ...... 49.00 Apr. 1, 2003 9 Parts: §§ 1.61–1.169 ...... (869–050–00079–2) ...... 63.00 Apr. 1, 2003 1–199 ...... (869–050–00023–7) ...... 58.00 Jan. 1, 2003 §§ 1.170–1.300 ...... (869–050–00080–6) ...... 57.00 Apr. 1, 2003 200–End ...... (869–050–00024–5) ...... 56.00 Jan. 1, 2003 §§ 1.301–1.400 ...... (869–050–00081–4) ...... 46.00 Apr. 1, 2003 10 Parts: §§ 1.401–1.440 ...... (869–050–00082–2) ...... 61.00 Apr. 1, 2003 1–50 ...... (869–050–00025–3) ...... 58.00 Jan. 1, 2003 §§ 1.441–1.500 ...... (869–050–00083–1) ...... 50.00 Apr. 1, 2003 51–199 ...... (869–050–00026–1) ...... 56.00 Jan. 1, 2003 §§ 1.501–1.640 ...... (869–050–00084–9) ...... 49.00 Apr. 1, 2003 200–499 ...... (869–050–00027–0) ...... 44.00 Jan. 1, 2003 §§ 1.641–1.850 ...... (869–050–00085–7) ...... 60.00 Apr. 1, 2003 500–End ...... (869–050–00028–8) ...... 58.00 Jan. 1, 2003 §§ 1.851–1.907 ...... (869–050–00086–5) ...... 60.00 Apr. 1, 2003 11 ...... (869–050–00029–6) ...... 38.00 Jan. 1, 2003 §§ 1.908–1.1000 ...... (869–050–00087–3) ...... 60.00 Apr. 1, 2003 §§ 1.1001–1.1400 ...... (869–050–00088–1) ...... 61.00 Apr. 1, 2003 12 Parts: §§ 1.1401–1.1503–2A .... (869–050–00089–0) ...... 50.00 Apr. 1, 2003 1–199 ...... (869–050–00030–0) ...... 30.00 Jan. 1, 2003 §§ 1.1551–End ...... (869–050–00090–3) ...... 50.00 Apr. 1, 2003 200–219 ...... (869–050–00031–8) ...... 38.00 Jan. 1, 2003 2–29 ...... (869–050–00091–1) ...... 60.00 Apr. 1, 2003 220–299 ...... (869–050–00032–6) ...... 58.00 Jan. 1, 2003 30–39 ...... (869–050–00092–0) ...... 41.00 Apr. 1, 2003 300–499 ...... (869–050–00033–4) ...... 43.00 Jan. 1, 2003 40–49 ...... (869–050–00093–8) ...... 26.00 Apr. 1, 2003 500–599 ...... (869–050–00034–2) ...... 38.00 Jan. 1, 2003 50–299 ...... (869–050–00094–6) ...... 41.00 Apr. 1, 2003 600–899 ...... (869–050–00035–1) ...... 54.00 Jan. 1, 2003 300–499 ...... (869–050–00095–4) ...... 61.00 Apr. 1, 2003 ...... 900–End (869–050–00036–9) 47.00 Jan. 1, 2003 500–599 ...... (869–050–00096–2) ...... 12.00 5Apr. 1, 2003 13 ...... (869–050–00037–7) ...... 47.00 Jan. 1, 2003 600–End ...... (869–050–00097–1) ...... 17.00 Apr. 1, 2003 VerDate jul 14 2003 18:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\02SECL.LOC 02SECL vi Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids Title Stock Number Price Revision Date Title Stock Number Price Revision Date 27 Parts: 86 (86.600–1–End) ...... (869–048–00149–2) ...... 47.00 July 1, 2002 1–199 ...... (869–050–00098–9) ...... 63.00 Apr. 1, 2003 87–99 ...... (869–048–00150–6) ...... 57.00 July 1, 2002 200–End ...... (869–050–00099–7) ...... 25.00 Apr. 1, 2003 100–135 ...... (869–048–00151–4) ...... 42.00 July 1, 2002 ...... 28 Parts: ...... 136–149 (869–048–00152–2) 58.00 July 1, 2002 150–189 ...... *0–42 ...... (869–050–00100–4) ...... 61.00 July 1, 2003 (869–048–00153–1) 47.00 July 1, 2002 190–259 ...... *43–End ...... (869–050–00101–2) ...... 58.00 July 1, 2003 (869–048–00154–9) 37.00 July 1, 2002 260–265 ...... (869–048–00155–7) ...... 47.00 July 1, 2002 29 Parts: 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 *0–99 ...... (869–050–00102–1) ...... 50.00 July 1, 2003 300–399 ...... (869–048–00157–3) ...... 43.00 July 1, 2002 100–499 ...... (869–048–00101–8) ...... 21.00 July 1, 2002 400–424 ...... (869–048–00158–1) ...... 54.00 July 1, 2002 500–899 ...... (869–048–00102–6) ...... 58.00 July 1, 2002 425–699 ...... (869–048–00159–0) ...... 59.00 July 1, 2002 900–1899 ...... (869–048–00103–4) ...... 35.00 July 1, 2002 700–789 ...... (869–048–00160–3) ...... 58.00 July 1, 2002 1900–1910 (§§ 1900 to 790–End ...... (869–048–00161–1) ...... 45.00 July 1, 2002 1910.999) ...... (869–048–00104–2) ...... 58.00 July 1, 2002 41 Chapters: 1910 (§§ 1910.1000 to 3 8 1, 1–1 to 1–10 ...... 13.00 July 1, 1984 end) ...... (869–048–00105–1) ...... 42.00 July 1, 2002 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–050–00108–0) ...... 30.00 July 1, 2003 3–6 ...... 14.00 3 July 1, 1984 *1926 ...... (869–050–00109–8) ...... 50.00 July 1, 2003 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–048–00108–5) ...... 59.00 July 1, 2002 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–048–00109–3) ...... 56.00 July 1, 2002 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–048–00110–7) ...... 47.00 July 1, 2002 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–048–00111–5) ...... 56.00 July 1, 2002 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 31 Parts: 19–100 ...... 13.00 3 July 1, 1984 0–199 ...... (869–048–00112–3) ...... 35.00 July 1, 2002 1–100 ...... (869–048–00162–0) ...... 23.00 July 1, 2002 200–End ...... (869–048–00113–1) ...... 60.00 July 1, 2002 101 ...... (869–048–00163–8) ...... 43.00 July 1, 2002 32 Parts: 102–200 ...... (869–048–00164–6) ...... 41.00 July 1, 2002 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–048–00165–4) ...... 24.00 July 1, 2002 1–39, Vol. II ...... 19.00 2 July 1, 1984 42 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–399 ...... (869–048–00166–2) ...... 56.00 Oct. 1, 2002 1–190 ...... (869–048–00114–0) ...... 56.00 July 1, 2002 400–429 ...... (869–048–00167–1) ...... 59.00 Oct. 1, 2002 191–399 ...... (869–048–00115–8) ...... 60.00 July 1, 2002 430–End ...... (869–048–00168–9) ...... 61.00 Oct. 1, 2002 400–629 ...... (869–048–00116–6) ...... 47.00 July 1, 2002 630–699 ...... (869–048–00117–4) ...... 37.00 July 1, 2002 43 Parts: 700–799 ...... (869–048–00118–2) ...... 44.00 July 1, 2002 1–999 ...... (869–048–00169–7) ...... 47.00 Oct. 1, 2002 800–End ...... (869–048–00119–1) ...... 46.00 July 1, 2002 1000–end ...... (869–048–00170–1) ...... 59.00 Oct. 1, 2002 33 Parts: 44 ...... (869–048–00171–9) ...... 47.00 Oct. 1, 2002 1–124 ...... (869–048–00120–4) ...... 47.00 July 1, 2002 45 Parts: 125–199 ...... (869–048–00121–2) ...... 60.00 July 1, 2002 1–199 ...... (869–048–00172–7) ...... 57.00 Oct. 1, 2002 200–End ...... (869–048–00122–1) ...... 47.00 July 1, 2002 200–499 ...... (869–048–00173–5) ...... 31.00 9Oct. 1, 2002 34 Parts: 500–1199 ...... (869–048–00174–3) ...... 47.00 Oct. 1, 2002 1–299 ...... (869–048–00123–9) ...... 45.00 July 1, 2002 1200–End ...... (869–048–00175–1) ...... 57.00 Oct. 1, 2002 300–399 ...... (869–048–00124–7) ...... 43.00 July 1, 2002 46 Parts: 400–End ...... (869–048–00125–5) ...... 59.00 July 1, 2002 1–40 ...... (869–048–00176–0) ...... 44.00 Oct. 1, 2002 35 ...... (869–048–00126–3) ...... 10.00 7July 1, 2002 41–69 ...... (869–048–00177–8) ...... 37.00 Oct. 1, 2002 70–89 ...... (869–048–00178–6) ...... 14.00 Oct. 1, 2002 36 Parts 90–139 ...... (869–048–00179–4) ...... 42.00 Oct. 1, 2002 ...... 1–199 (869–048–00127–1) 36.00 July 1, 2002 140–155 ...... (869–048–00180–8) ...... 24.00 9Oct. 1, 2002 ...... 200–299 (869–048–00128–0) 35.00 July 1, 2002 156–165 ...... (869–048–00181–6) ...... 31.00 9Oct. 1, 2002 ...... 300–End (869–048–00129–8) 58.00 July 1, 2002 166–199 ...... (869–048–00182–4) ...... 44.00 Oct. 1, 2002 37 ...... (869–048–00130–1) ...... 47.00 July 1, 2002 200–499 ...... (869–048–00183–2) ...... 37.00 Oct. 1, 2002 ...... 38 Parts: 500–End (869–048–00184–1) 24.00 Oct. 1, 2002 *0–17 ...... (869–050–00133–1) ...... 58.00 July 1, 2003 47 Parts: 18–End ...... (869–048–00132–8) ...... 58.00 July 1, 2002 0–19 ...... (869–048–00185–9) ...... 57.00 Oct. 1, 2002 20–39 ...... (869–048–00186–7) ...... 45.00 Oct. 1, 2002 39 ...... (869–048–00133–6) ...... 40.00 July 1, 2002 40–69 ...... (869–048–00187–5) ...... 36.00 Oct. 1, 2002 40 Parts: 70–79 ...... (869–048–00188–3) ...... 58.00 Oct. 1, 2002 1–49 ...... (869–048–00134–4) ...... 57.00 July 1, 2002 80–End ...... (869–048–00189–1) ...... 57.00 Oct. 1, 2002 50–51 ...... (869–048–00135–2) ...... 40.00 July 1, 2002 48 Chapters: 52 (52.01–52.1018) ...... (869–048–00136–1) ...... 55.00 July 1, 2002 1 (Parts 1–51) ...... (869–048–00190–5) ...... 59.00 Oct. 1, 2002 52 (52.1019–End) ...... (869–048–00137–9) ...... 58.00 July 1, 2002 1 (Parts 52–99) ...... (869–048–00191–3) ...... 47.00 Oct. 1, 2002 53–59 ...... (869–050–00140–3) ...... 31.00 July 1, 2003 2 (Parts 201–299) ...... (869–048–00192–1) ...... 53.00 Oct. 1, 2002 60 (60.1–End) ...... (869–048–00139–5) ...... 56.00 July 1, 2002 3–6 ...... (869–048–00193–0) ...... 30.00 Oct. 1, 2002 60 (Apps) ...... (869–048–00140–9) ...... 51.00 8July 1, 2002 7–14 ...... (869–048–00194–8) ...... 47.00 Oct. 1, 2002 61–62 ...... (869–048–00141–7) ...... 38.00 July 1, 2002 15–28 ...... (869–048–00195–6) ...... 55.00 Oct. 1, 2002 63 (63.1–63.599) ...... (869–048–00142–5) ...... 56.00 July 1, 2002 29–End ...... (869–048–00196–4) ...... 38.00 9Oct. 1, 2002 63 (63.600–63.1199) ...... (869–048–00143–3) ...... 46.00 July 1, 2002 63 (63.1200–End) ...... (869–048–00144–1) ...... 61.00 July 1, 2002 49 Parts: 64–71 ...... (869–048–00145–0) ...... 29.00 July 1, 2002 1–99 ...... (869–048–00197–2) ...... 56.00 Oct. 1, 2002 72–80 ...... (869–048–00146–8) ...... 59.00 July 1, 2002 100–185 ...... (869–048–00198–1) ...... 60.00 Oct. 1, 2002 81–85 ...... (869–048–00147–6) ...... 47.00 July 1, 2002 186–199 ...... (869–048–00199–9) ...... 18.00 Oct. 1, 2002 86 (86.1–86.599–99) ...... (869–048–00148–4) ...... 52.00 8July 1, 2002 200–399 ...... (869–048–00200–6) ...... 61.00 Oct. 1, 2002 VerDate jul 14 2003 18:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\02SECL.LOC 02SECL Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids vii Title Stock Number Price Revision Date 400–999 ...... (869–048–00201–4) ...... 61.00 Oct. 1, 2002 1000–1199 ...... (869–048–00202–2) ...... 25.00 Oct. 1, 2002 1200–End ...... (869–048–00203–1) ...... 30.00 Oct. 1, 2002 50 Parts: 1–17 ...... (869–048–00204–9) ...... 60.00 Oct. 1, 2002 18–199 ...... (869–048–00205–7) ...... 40.00 Oct. 1, 2002 200–599 ...... (869–048–00206–5) ...... 38.00 Oct. 1, 2002 600–End ...... (869–048–00207–3) ...... 58.00 Oct. 1, 2002 CFR Index and Findings Aids ...... (869–050–00048–2) ...... 59.00 Jan. 1, 2003 Complete 2003 CFR set ...... 1,195.00 2003 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2003 Individual copies ...... 2.00 2003 Complete set (one-time mailing) ...... 298.00 2002 Complete set (one-time mailing) ...... 290.00 2001 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2002, through January 1, 2003. The CFR volume issued as of January 1, 2002 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2001. The CFR volume issued as of April 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2002. The CFR volume issued as of July 1, 2001 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2002. The CFR volume issued as of October 1, 2001 should be retained. VerDate jul 14 2003 18:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4721 Sfmt 4721 E:\FR\FM\02SECL.LOC 02SECL viii Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Reader Aids TABLE OF EFFECTIVE DATES AND TIME PERIODS—SEPTEMBER 2003 This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17) DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION Sept 2 Sept 17 Oct 2 Oct 17 Nov 3 Dec 1 Sept 3 Sept 18 Oct 3 Oct 20 Nov 3 Dec 2 Sept 4 Sept 19 Oct 6 Oct 20 Nov 3 Dec 3 Sept 5 Sept 22 Oct 6 Oct 20 Nov 4 Dec 4 Sept 8 Sept 23 Oct 8 Oct 23 Nov 7 Dec 8 Sept 9 Sept 24 Oct 9 Oct 24 Nov 10 Dec 8 Sept 10 Sept 25 Oct 10 Oct 27 Nov 10 Dec 9 Sept 11 Sept 26 Oct 14 Oct 27 Nov 10 Dec 10 Sept 12 Sept 29 Oct 14 Oct 27 Nov 12 Dec 11 Sept 15 Sept 30 Oct 15 Oct 30 Nov 14 Dec 15 Sept 16 Oct 1 Oct 16 Oct 31 Nov 17 Dec 15 Sept 17 Oct 2 Oct 17 Nov 3 Nov 17 Dec 16 Sept 18 Oct 3 Oct 20 Nov 3 Nov 17 Dec 17 Sept 19 Oct 6 Oct 20 Nov 3 Nov 18 Dec 18 Sept 22 Oct 7 Oct 22 Nov 6 Nov 21 Dec 22 Sept 23 Oct 8 Oct 23 Nov 7 Nov 24 Dec 22 Sept 24 Oct 9 Oct 24 Nov 10 Nov 24 Dec 23 Sept 25 Oct 10 Oct 27 Nov 10 Nov 24 Dec 24 Sept 26 Oct 14 Oct 27 Nov 10 Nov 25 Dec 26 Sept 29 Oct 14 Oct 29 Nov 13 Nov 28 Dec 29 Sept 30 Oct 15 Oct 30 Nov 14 Dec 1 Dec 29 VerDate jul 14 2003 18:10 Aug 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4201 Sfmt 4701 E:\FR\FM\02SEEF.LOC 02SEEF