1–31–02 Thursday Vol. 67 No. 21 Jan. 31, 2002 Pages 4649–4868
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1 II Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public interest. Subscriptions: Paper or fiche 202–523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–523–5243 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 67 FR 12345.
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2 III
Contents Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
Agency for Toxic Substances and Disease Registry NAFTA transitional adjustment assistance: NOTICES Akers National Roll, 4758 Superfund program: Armada, Inc., 4758 Substance-Specific Applied Research Program; status Denso Sales California, Inc., 4758–4759 update, 4835–4854 King Press Corp., 4759 McGinley Mills, Inc., 4759 Agriculture Department Perceptron, Inc., 4759 See Forest Service Wesley Industries, Inc., 4759–4760 See Natural Resources Conservation Service See Rural Utilities Service Energy Department See Federal Energy Regulatory Commission Civil Rights Commission NOTICES Environmental Protection Agency Meetings; Sunshine Act, 4701 RULES Air pollution control: Coast Guard State operating permits programs— RULES District of Columbia; correction, 4673–4674 Ports and waterways safety: Air programs: Oahu, Maui, Hawaii, and Kauai, HI; security zones, Fuels and fuel additives— 4656–4658 Compliance baseline modification; CFR correction, Ports of Charleston and Georgetown, SC; security zones, 4674 4665–4667 Air quality implementation plans; approval and San Diego Bay, CA; security zone, 4658–4665 promulgation; various States: PROPOSED RULES Alabama, 4668–4669 Ports and waterways safety: Ohio, 4669–4673 Ouzinkie Harbor, AK; safety zone, 4692–4694 Water pollution control: National Pollutant Discharge Elimination System— Commerce Department Storm water discharges; CFR correction, 4675 See International Trade Administration PROPOSED RULES See National Oceanic and Atmospheric Administration Air quality implementation plans; approval and promulgation; various States: Copyright Office, Library of Congress Ohio, 4695 NOTICES PROPOSED RULES Copyright arbitration royalty panel rules and procedures: Pesticide programs: Risk assessments; availability, etc.— Mechanical and digital phonorecord delivery compulsory Lindane, 4714–4716 license, 4694–4695 Federal Aviation Administration Employment and Training Administration RULES NOTICES Airworthiness directives: Adjustment assistance: Israeli Aircraft Industries, Ltd., 4650–4652 Blue Mountain Products, LLC, 4752 Rolls-Royce, plc, 4652–4654 Converse, Inc., 4752 Short Brothers, 4649–4650 Crown Marking Equipment Co., 4752 Class E5 airspace, 4655–4656 CSC Ltd., 4752–4753 Class E airspace, 4654–4655 DuCoa, L.P., 4753 PROPOSED RULES Eagle Affiliates, 4753–4754 Airworthiness directives: Echo Bay Minerals Co., 4754 Bell, 4685–4689 Hampton Industries, 4754 Raytheon, 4683–4685 Henry Manufacturing, 4754 Airworthiness standards: HMG Intermark Worldwide et al., 4754–4755 Transport category airplanes— Huck Fasteners, 4755–4756 Powerplant installation requirements; revisions, 4855– McGinley Mills, Inc., 4756 4863 Spinnaker Coating Maine Inc., 4756–4757 Existing regulations review; disposition of comments, Stanley Furniture Co. et al., 4757–4758 4680–4682 Thomaston Mills, Inc., 4758 NOTICES Adjustment assistance and NAFTA transitional adjustment Advisory circulars; availability, etc.: assistance: Transport category airplanes— Agere Systems, 4747–4748 Flight test guide for certification, 4774–4775 Budd Co., 4748 Agency information collection activities: Georgia Pacific Corp., 4748–4749 Proposed collection; comment request, 4775 Pennsylvania Tool & Gages, Inc., et al., 4749–4751 Aviation insurance: Sierra Pacific Industries, 4751–4752 Third party war risk liability insurance, 4775–4776
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Meetings: Forest Service RTCA, Inc., 4776 NOTICES Passenger facility charges; applications, etc.: Environmental statements; notice of intent: Akron-Canton Regional Airport, OH, 4776 Pacific Southwest Region; vegetation management for Chicago O’Hare International Airport, IL, 4777 reforestation, 4698–4699 Meetings: Federal Communications Commission Olympic Provincial Advisory Committee, 4699 RULES Resource Advisory Committees— Common carrier services: Fresno County, 4699 Commercial mobile radio services— Hood/Willamette, 4700 Spectrum aggregation limits; biennial regulatory Idaho Panhandle, 4700 review; correction, 4675 North Gifford Pinchot National Forest, 4699 Organization, functions, and authority delegations: South Gifford Pinchot National Forest, 4699–4700 Bureau functions; duplicate CFR section removed; CFR correction, 4675 Health and Human Services Department Radio services, special: See Agency for Toxic Substances and Disease Registry Aviation services— See Food and Drug Administration Advanced digital communications accommodation in See Health Resources and Services Administration 117.975-137 MHz frequency band and flight See National Institutes of Health information services implementation in 136-137 MHz frequency band, 4675–4676 Health Resources and Services Administration NOTICES NOTICES International telecommunication services: Agency information collection activities: Satellite network filings; union charges implementation, Proposed collection; comment request, 4720 4716–4717 Applications, hearings, determinations, etc.: Applications, hearings, determinations, etc.: Proposed collection; comment request, 4720–4722 Great Western Aviation, Inc., et al., 4716 Immigration and Naturalization Service Federal Energy Regulatory Commission RULES NOTICES Nonimmigrant classes: Electric rate and corporate regulation filings: Victims of severe forms of trafficking in persons; new PJM Interconnection, L.L.C., et al., 4708–4710 classification; eligibility for ‘‘T’’ status, 4783–4820 Environmental statements; notice of intent: NOTICES Texas Eastern Transmission, L.P., 4711–4712 Agency information collection activities: Hydroelectric applications, 4712–4713 Submission for OMB review; comment request, 4745– Meetings: 4746 Electricity Market Design and Structure, 4713–4714 Reports and guidance documents; availability, etc.: Indian Affairs Bureau California Independent System Operator; operational NOTICES audit, 4714 Meetings: Applications, hearings, determinations, etc.: Indian trust asset management; tribal consultation, 4730– Cogen Lyondell, Inc., et al., 4706–4707 4731 El Dorado Irrigation District, 4708 Great Northern Paper, Inc., 4707–4708 Indian Trust Transition Office TPS Dell, LLC, 4707 NOTICES Meetings: Federal Maritime Commission Indian trust asset management; tribal consultation, 4730– NOTICES 4731 Agreements filed, etc., 4717 Meetings; Sunshine Act, 4717 Interior Department Ocean transportation intermediary licenses: See Indian Affairs Bureau AFS Logistics, Inc., et al., 4717–4718 See Indian Trust Transition Office ANC International, 4718–4719 See Minerals Management Service Security Storage Co. of Washington, 4719 See National Park Service See Reclamation Bureau Federal Register Office See Special Trustee for American Indians Office NOTICES See Surface Mining Reclamation and Enforcement Office Public Laws; cummulatve list: NOTICES 107th Congress; First Session, 00000 Meetings: Indian trust asset management; tribal consultation, 4730– Food and Drug Administration 4731 NOTICES Reports and guidance documents; availability, etc.: Internal Revenue Service Nucleic acid tests use on pooled samples from source NOTICES plasma donors to adequately and appropriately Agency information collection activities: reduce HIV-1 and HCV transmission risk, 4719–4720 Proposed collection; comment request, 4779–4780
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International Trade Administration National Institute of Mental Health, 4725 NOTICES National Institute on Alcohol Abuse and Alcoholism, Antidumping: 4725 Structural steel beams from— National Institute on Deafness and Other Communication Germany, 4703–4704 Disorders, 4727–4728 Luxembourg, 4701–4702 National Institute on Drug Abuse, 4726–4727 Russian Federation, 4704–4706 National Library of Medicine, 4728 Taiwan, 4702–4703 Scientific Review Center, 4728–4730 International Trade Commission National Oceanic and Atmospheric Administration NOTICES RULES Import investigations: Fishery conservation and management: Stainless steel bar from— Alaska; fisheries of Exclusive Economic Zone— Taiwan, 4745 Pollock, 4677–4678 Caribbean, Gulf, and South Atlantic fisheries— Justice Department Gulf of Mexico and South Atlantic coastal migratory See Immigration and Naturalization Service pelagic resources, 4677 See Victims of Crime Office PROPOSED RULES Fishery conservation and management: Labor Department Atlantic coastal fisheries cooperative management— See Employment and Training Administration American lobster, 4697 NOTICES Caribbean, Gulf of Mexico, and South Atlantic fisheries— Agency information collection activities: Snapper-grouper, 4696–4697 Proposed collection; comment request, 4746–4747 NOTICES Meetings: Legal Services Corporation North Pacific Fishery Management Council, 4706 NOTICES Grant and cooperative agreement awards: National Park Service Civil legal services to low-income clients— NOTICES Louisiana, 4760 Environmental statements; availability, etc.: Provincetown Municipal Airport, MA, 4732–4733 Library of Congress Environmental statements; notice of intent: See Copyright Office, Library of Congress Chiricahua National Monument, AZ; fire management plan, 4733–4734 Minerals Management Service Schuylkill River Valley National Heritage Area, PA, 4734 NOTICES Meetings: Agency information collection activities: Golden Gate National Recreation Area and Point Reyes Submission for OMB review; comment request, 4731– National Seashore Advisory Commission, 4735 4732 National Register of Historic Places: Pending nominations, 4735–4736 Morris K. Udall Scholarship and Excellence in National Native American human remains and associated funerary Environmental Policy Foundation objects: NOTICES University of Denver, Anthropology Department and Agency information collection activities: Museum, CO— Submission for OMB review; comment request, 4760– Inventory from Big Sandy, Sublette County, WY, 4736– 4762 4737 National Highway Traffic Safety Administration National Science Foundation PROPOSED RULES NOTICES Vehicles built in two or more stages: Agency information collection activities: Negotiated Rulemaking Committee— Proposed collection; comment request, 4762–4763 Meetings, 4695 Natural Resources Conservation Service National Institutes of Health NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities: Sixmile-St. Charles Watershed, CO, 4700–4701 Proposed collection; comment request, 4722 Submission for OMB review; comment request, 4722– Nuclear Regulatory Commission 4723 NOTICES Meetings: Environmental statements; availability, etc.: Fogarty International Center Advisory Board, 4723–4724 FirstEnergy Nuclear Operating Co., 4763–4764 National Center for Research Resources, 4724 Meetings: National Eye Institute, 4724 Reactor Safeguards Advisory Committee, 4764 National Institute of Allergy and Infectious Diseases, Reports and guidance documents; availability, etc.: 4726 Updated and consolidated decommissioning policy and National Institute of Dental and Craniofacial Research, guidance; comment request, 4764–4765 4725 National Institute of Environmental Health Sciences, Public Health Service 4726, 4728 See Agency for Toxic Substances and Disease Registry
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See Food and Drug Administration NOTICES See Health Resources and Services Administration Aviation proceedings: See National Institutes of Health Agreements filed, etc.; weekly receipts, 4773 Certificates of public convenience and necessity and Reclamation Bureau foreign air carrier permits; weekly applications, NOTICES 4773–4774 Contract negotiations: Tabulation of water service and repayment; quarterly Transportation Security Administration status report, 4737–4745 NOTICES Agency information collection activities: Research and Special Programs Administration Submission for OMB review; comment request, 4865– NOTICES 4867 Hazardous materials: Applications; exemptions, renewals, etc., 4777–4779 Treasury Department Rural Utilities Service See Internal Revenue Service PROPOSED RULES See Thrift Supervision Office Telecommunications specifications and standards: Materials, equipment, and construction— Veterans Affairs Department Voice Frequency Loading Coils (PE-26); rescission, RULES 4679–4680 Medical benefits: Compensated Work Therapy/Transitional Residence Securities and Exchange Commission Program, 4667–4668 NOTICES NOTICES Investment Company Act of 1940: Means test thresholds; cost-of-living adjustments, 4780– Deregistration applications— 4781 PaineWebber Mutual Fund Trust et al., 4765–4767 Self-regulatory organizations; proposed rule changes: Victims of Crime Office American Stock Exchange LLC, 4767–4768 NOTICES Government Securities Clearing Corp., 4768–4770 Grants and cooperative agreements; availability, etc.: Terrorism and Mass Violence Crimes; Antiterrorism and Special Trustee for American Indians Office Emergency Assistance Program, 4821–4833 NOTICES Meetings: Indian trust asset management; tribal consultation, 4730– 4731 Separate Parts In This Issue
State Department Part II NOTICES Justice Department, Immigration and Naturalization Grants and cooperative agreements; availability, etc.: Service, 4783–4820 International Sports Programming Initiative, 4770–4773 Presidential permits: Part III Reef International, L.L.C.; pipeline facilities construction Justice Department, Victims of Crime Office, 4821–4833 and maintenance on U.S.-Mexican border, 4773 Surface Mining Reclamation and Enforcement Office Part IV PROPOSED RULES Health and Human Services Department, Agency for Toxic Permanent program and abandoned mine land reclamation Substances and Disease Registry, 4835–4854 plan submissions: West Virginia, 4689–4692 Part V Transportation Department, Federal Aviation Thrift Supervision Office Administration, 4855–4863 NOTICES Agency information collection activities: Part VI Submission for OMB review; comment request, 4780 Department of Transportation, Transportation Security Administration, 4865–4867 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Reader Aids See Coast Guard Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, reminders, See National Highway Traffic Safety Administration and notice of recently enacted public laws. See Research and Special Programs Administration See Transportation Security Administration To subscribe to the Federal Register Table of Contents RULES LISTSERV electronic mailing list, go to http:// Workplace drug and alcohol testing programs: listserv.access.gpo.gov and select Online mailing list Urine collection documentation form; CFR correction, archives, FEDREGTOC-L, Join or leave the list (or change 4677 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR Proposed Rules: 1755...... 4679 8 CFR 103...... 4784 212...... 4784 214...... 4784 274a...... 4784 299...... 4784 14 CFR 39 (3 documents) ...4649, 4650, 4652 71 (3 documents) ....4654, 4655 Proposed Rules: Ch. I ...... 4680 25...... 4856 39 (2 documents) ....4683, 4685 30 CFR Proposed Rules: 948...... 4689 33 CFR 100...... 4656 165 (6 documents) ...... 4656, 4658, 4660, 4662, 4664, 4665 Proposed Rules: 165...... 4692 37 CFR Proposed Rules: 255...... 4694 38 CFR 17...... 4667 40 CFR 52 (2 documents) ....4668, 4669 70...... 4673 80...... 4674 122...... 4675 Proposed Rules: 52...... 4695 47 CFR 0...... 4675 20...... 4675 22...... 4675 87...... 4675 49 CFR 40...... 4677 Proposed Rules: 567...... 4695 568...... 4695 50 CFR 622...... 4677 679...... 4677 Proposed Rules: 622 (2 documents) ...... 4696 697...... 4697
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Rules and Regulations Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
This section of the FEDERAL REGISTER International Branch, ANM–116, FAA, Regulatory Impact contains regulatory documents having general Transport Airplane Directorate, 1601 applicability and legal effect, most of which The regulations adopted herein will Lind Avenue, SW., Renton, Washington not have a substantial direct effect on are keyed to and codified in the Code of 98055–4056; telephone (425) 227–1175; Federal Regulations, which is published under the States, on the relationship between 50 titles pursuant to 44 U.S.C. 1510. fax (425) 227–1149. the national Government and the States, SUPPLEMENTARY INFORMATION: A or on the distribution of power and The Code of Federal Regulations is sold by proposal to amend part 39 of the Federal responsibilities among the various the Superintendent of Documents. Prices of Aviation Regulations (14 CFR part 39) to levels of government. Therefore, it is new books are listed in the first FEDERAL determined that this final rule does not REGISTER issue of each week. include an airworthiness directive (AD) that is applicable to all Short Brothers have federalism implications under Model SD3 series airplanes was Executive Order 13132. DEPARTMENT OF TRANSPORTATION published in the Federal Register on For the reasons discussed above, I October 4, 2001 (66 FR 50584). That certify that this action (1) is not a Federal Aviation Administration action proposed to require a one-time ‘‘significant regulatory action’’ under inspection of the installation of the Executive Order 12866; (2) is not a 14 CFR Part 39 bearing housings of the elevator torque ‘‘significant rule’’ under DOT shaft assembly, and corrective action if Regulatory Policies and Procedures (44 [Docket No. 2001–NM–229–AD; Amendment FR 11034, February 26, 1979); and (3) 39–12616; AD 2002–01–22] necessary. will not have a significant economic RIN 2120–AA64 Comments impact, positive or negative, on a substantial number of small entities Airworthiness Directives; Short Interested persons have been afforded under the criteria of the Regulatory Brothers Model SD3 Series Airplanes an opportunity to participate in the Flexibility Act. A final evaluation has making of this amendment. No been prepared for this action and it is AGENCY: Federal Aviation comments were submitted in response Administration, DOT. contained in the Rules Docket. A copy to the proposal or the FAA’s of it may be obtained from the Rules ACTION: Final rule. determination of the cost to the public. Docket at the location provided under SUMMARY: This amendment adopts a Conclusion the caption ADDRESSES. new airworthiness directive (AD), List of Subjects in 14 CFR Part 39 applicable to all Short Brothers Model The FAA has determined that air SD3 series airplanes, that requires a one- safety and the public interest require the Air transportation, Aircraft, Aviation time inspection of the installation of the adoption of the rule as proposed. safety, Incorporation by reference, Safety. bearing housings of the elevator torque Cost Impact shaft assembly, and corrective action if Adoption of the Amendment necessary. This action is necessary to The FAA estimates that 75 Model SD3 prevent failure of the elevator torque series airplanes of U.S. registry will be Accordingly, pursuant to the shaft, which could result in reduced affected by this AD, that it will take authority delegated to me by the controllability of the airplane. This approximately 2 work hours per Administrator, the Federal Aviation action is intended to address the airplane to accomplish the required Administration amends part 39 of the identified unsafe condition. inspection, and that the average labor Federal Aviation Regulations (14 CFR DATES: Effective March 7, 2002. rate is $60 per work hour. Based on part 39) as follows: The incorporation by reference of these figures, the cost impact of the PART 39—AIRWORTHINESS certain publications listed in the inspection required by this AD on U.S. DIRECTIVES regulations is approved by the Director operators is estimated to be $9,000, or of the Federal Register as of March 7, $120 per airplane. 1. The authority citation for part 39 2002. The cost impact figure discussed continues to read as follows: ADDRESSES: The service information above is based on assumptions that no Authority: 49 U.S.C. 106(g), 40113, 44701. referenced in this AD may be obtained operator has yet accomplished any of from Short Brothers, Airworthiness & the requirements of this AD action, and § 39.13 [Amended] Engineering Quality, P.O. Box 241, that no operator would accomplish 2. Section 39.13 is amended by Airport Road, Belfast BT3 9DZ, those actions in the future if this AD adding the following new airworthiness Northern Ireland. This information may were not adopted. The cost impact directive: be examined at the Federal Aviation figures discussed in AD rulemaking Administration (FAA), Transport 2002–01–22 Short Brothers PLC: actions represent only the time Amendment 39–12616. Docket 2001– Airplane Directorate, Rules Docket, necessary to perform the specific actions NM–229–AD. 1601 Lind Avenue, SW., Renton, actually required by the AD. These Applicability: All Model SD3 series Washington; or at the Office of the figures typically do not include airplanes, certificated in any category. Federal Register, 800 North Capitol incidental costs, such as the time Note 1: This AD applies to each airplane Street, NW., suite 700, Washington, DC. required to gain access and close up, identified in the preceding applicability FOR FURTHER INFORMATION CONTACT: planning time, or time necessitated by provision, regardless of whether it has been Todd Thompson, Aerospace Engineer, other administrative actions. modified, altered, or repaired in the area
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subject to the requirements of this AD. For this AD; and, if the unsafe condition has not Inspection airplanes that have been modified, altered, or been eliminated, the request should include (a) Within 60 days after the effective date repaired so that the performance of the specific proposed actions to address it. of this AD: Perform a detailed visual requirements of this AD is affected, the Compliance: Required as indicated, unless owner/operator must request approval for an inspection of the bearing housings of the alternative method of compliance in accomplished previously. elevator torque shaft assembly to detect accordance with paragraph (c) of this AD. To prevent failure of the elevator torque discrepancies (including movement of the The request should include an assessment of shaft, which could result in reduced housings relative to the mounting structure), the effect of the modification, alteration, or controllability of the airplane, accomplish in accordance with the applicable service repair on the unsafe condition addressed by the following: bulletin listed in the following table:
TABLE 1.—SERVICE BULLETINS
Inspect in accordance with For model— Short Brothers Service Dated— Bulletin—
(1) SD3–60 Sherpa series airplanes ...... SD3–60 SHERPA–27–6 May 22, 2001 (2) SD3–Sherpa series airplanes ...... SD3 SHERPA–27–5 May 22, 2001 (3) SD3–60 series airplanes ...... SD360–27–31 May 22, 2001 (4) SD3–30 series airplanes ...... SD330–27–39 May 22, 2001
Note 2: For the purposes of this AD, a Incorporation by Reference DEPARTMENT OF TRANSPORTATION detailed visual inspection is defined as: ‘‘An (e) The actions shall be done in accordance intensive visual examination of a specific with Short Brothers Service Bulletin SD3–60 Federal Aviation Administration structural area, system, installation, or SHERPA–27–6, dated May 22, 2001; Short assembly to detect damage, failure, or 14 CFR Part 39 irregularity. Available lighting is normally Brothers Service Bulletin SD3–SHERPA–27– supplemented with a direct source of good 5, dated May 22, 2001; Short Brothers Service [Docket No. 2001–NM–200–AD; Amendment lighting at intensity deemed appropriate by Bulletin SD360–27–31, dated May 22, 2001; 39–12621; AD 2002–01–26] or Short Brothers Service Bulletin SD330– the inspector. Inspection aids such as mirror, RIN 2120–AA64 magnifying lenses, etc., may be used. Surface 27–39, dated May 22, 2001; as applicable. cleaning and elaborate access procedures This incorporation by reference was Airworthiness Directives; Israel may be required.’’ approved by the Director of the Federal Aircraft Industries, Ltd., Model 1124 Register in accordance with 5 U.S.C. 552(a) and 1124A, and Model 1125 Westwind Corrective Action and 1 CFR part 51. Copies may be obtained Astra Series Airplanes (b) If any discrepancy is found during the from Short Brothers, Airworthiness & inspection required by paragraph (a) of this Engineering Quality, P.O. Box 241, Airport AGENCY: Federal Aviation AD: Prior to further flight, replace any Road, Belfast BT3 9DZ, Northern Ireland. Administration, DOT. affected part with a new part, in accordance Copies may be inspected at the FAA, ACTION: Final rule. with the applicable service bulletin listed in Transport Airplane Directorate, 1601 Lind Table 1 of this AD. Avenue, SW., Renton, Washington; or at the SUMMARY: This amendment adopts a Note 3: The service bulletins listed in Office of the Federal Register, 800 North new airworthiness directive (AD), Table 1 of this AD recommend that operators Capitol Street, NW., suite 700, Washington, applicable to all Israel Aircraft submit a report of their inspection findings DC. Industries, Ltd., Model 1124 and 1124A, to the manufacturer. Although operators may submit such a report, this AD does not Note 5: The subject of this AD is addressed and certain Model 1125 Westwind Astra require it. in British airworthiness directives 003–05– series airplanes, that requires a one-time 2001, 008–05–2001, 009–05–2001, and 007– inspection of the attachment bolts Alternative Methods of Compliance 05–2001. installed on the engine inlet cowl and (c) An alternative method of compliance or aft nacelle attachment flanges to verify adjustment of the compliance time that Effective Date correct part numbers of the bolts, and provides an acceptable level of safety may be (f) This amendment becomes effective on replacement of any discrepant/incorrect used if approved by the Manager, March 7, 2002. bolt with a correct attachment bolt. The International Branch, ANM–116, Transport actions specified by this AD are Airplane Directorate, FAA. Operators shall Issued in Renton, Washington, on January intended to prevent failure of submit their requests through an appropriate 17, 2002. attachment bolts due to fatigue, which FAA Principal Maintenance Inspector, who Michael Kaszycki, may add comments and then send it to the could result in separation of the engine Manager, International Branch, ANM–116. Acting Manager, Transport Airplane inlet cowl and aft nacelle, and consequent damage to the horizontal or Note 4: Information concerning the Directorate, Aircraft Certification Service. existence of approved alternative methods of [FR Doc. 02–1820 Filed 1–30–02; 8:45 am] vertical stabilizer. This action is compliance with this AD, if any, may be BILLING CODE 4910–13–P intended to address the identified obtained from the International Branch, unsafe condition. ANM–116. DATES: Effective March 7, 2002. The incorporation by reference of Special Flight Permits certain publications listed in the (d) Special flight permits may be issued in regulations is approved by the Director accordance with sections 21.197 and 21.199 of the Federal Register as of March 7, of the Federal Aviation Regulations (14 CFR 2002. 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD ADDRESSES: The service information can be accomplished. referenced in this AD may be obtained
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from Galaxy Aerospace Corporation, figures typically do not include provision, regardless of whether it has been One Galaxy Way, Fort Worth Alliance incidental costs, such as the time modified, altered, or repaired in the area Airport, Fort Worth, Texas 76177. This required to gain access and close up, subject to the requirements of this AD. For information may be examined at the planning time, or time necessitated by airplanes that have been modified, altered, or repaired so that the performance of the Federal Aviation Administration (FAA), other administrative actions. requirements of this AD is affected, the Transport Airplane Directorate, Rules Regulatory Impact owner/operator must request approval for an Docket, 1601 Lind Avenue, SW., alternative method of compliance in Renton, Washington; or at the Office of The regulations adopted herein will accordance with paragraph (b) of this AD. the Federal Register, 800 North Capitol not have a substantial direct effect on The request should include an assessment of Street, NW., suite 700, Washington, DC. the States, on the relationship between the effect of the modification, alteration, or FOR FURTHER INFORMATION CONTACT: Dan the national Government and the States, repair on the unsafe condition addressed by Rodina, Aerospace Engineer, or on the distribution of power and this AD; and, if the unsafe condition has not responsibilities among the various been eliminated, the request should include International Branch, ANM–116, FAA, specific proposed actions to address it. Transport Airplane Directorate, 1601 levels of government. Therefore, it is determined that this final rule does not Compliance: Required as indicated, unless Lind Avenue, SW., Renton, Washington accomplished previously. 98055–4056; telephone (425) 227–2125; have federalism implications under To prevent failure of attachment bolts due fax (425) 227–1149. Executive Order 13132. to fatigue, which could result in separation SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I of the engine inlet cowl and aft nacelle, and proposal to amend part 39 of the Federal certify that this action (1) is not a consequent damage to the horizontal or Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under vertical stabilizer, accomplish the following: include an airworthiness directive (AD) Executive Order 12866; (2) is not a Inspection and Replacement, if Necessary that is applicable to all Israel Aircraft ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 (a) Within 50 flight hours from the effective Industries, Ltd., Model 1124 and 1124A, date of this AD, perform a one-time and certain Model 1125 Westwind Astra FR 11034, February 26, 1979); and (3) inspection of the bolts installed on the engine series airplanes was published in the will not have a significant economic inlet cowl and aft nacelle attachment flanges Federal Register on October 29, 2001 impact, positive or negative, on a to verify correct part numbers of the bolts. (66 FR 54465). That action proposed to substantial number of small entities Before further flight, replace any discrepant require a one-time inspection of the under the criteria of the Regulatory bolts with the correct bolts, per 1124– attachment bolts installed on the engine Flexibility Act. A final evaluation has Westwind (Israeli Aircraft Industries) Alert Service Bulletin 1124–54A–138, and Astra inlet cowl and aft nacelle attachment been prepared for this action and it is contained in the Rules Docket. A copy (Israeli Aircraft Industries) Alert Service flanges to verify correct part numbers of Bulletin 1125–54A–247, both dated March the bolts, and replacement of any of it may be obtained from the Rules 29, 2001; as applicable. discrepant/incorrect bolt with a correct Docket at the location provided under attachment bolt. the caption ADDRESSES. Alternative Methods of Compliance (b) An alternative method of compliance or Comments List of Subjects in 14 CFR Part 39 adjustment of the compliance time that Interested persons have been afforded Air transportation, Aircraft, Aviation provides an acceptable level of safety may be an opportunity to participate in the safety, Incorporation by reference, used if approved by the Manager, making of this amendment. No Safety. International Branch, ANM–116, Transport Airplane Directorate, FAA. Operators shall comments were submitted in response Adoption of the Amendment submit their requests through an appropriate to the proposal or the FAA’s FAA Principal Maintenance Inspector, who determination of the cost to the public. Accordingly, pursuant to the may add comments and then send it to the authority delegated to me by the Conclusion Manager, International Branch, ANM–116. Administrator, the Federal Aviation Note 2: Information concerning the The FAA has determined that air Administration amends part 39 of the existence of approved alternative methods of safety and the public interest require the Federal Aviation Regulations (14 CFR compliance with this AD, if any, may be adoption of the rule as proposed. part 39) as follows: obtained from the International Branch, ANM–116. Cost Impact PART 39—AIRWORTHINESS The FAA estimates that 299 airplanes DIRECTIVES Special Flight Permits of U.S. registry will be affected by this (c) Special flight permits may be issued in AD, that it will take approximately 1 1. The authority citation for part 39 accordance with §§ 21.197 and 21.199 of the work hour per airplane to accomplish continues to read as follows: Federal Aviation Regulations (14 CFR 21.197 the inspection, and that the average Authority: 49 U.S.C. 106(g), 40113, 44701. and 21.199) to operate the airplane to a labor rate is $60 per work hour. Based location where the requirements of this AD can be accomplished. on these figures, the cost impact of the § 39.13 [Amended] AD on U.S. operators is estimated to be 2. Section 39.13 is amended by Incorporation by Reference $17,940, or $60 per airplane. adding the following new airworthiness (d) The actions shall be done in accordance The cost impact figure discussed directive: with 1124-Westwind (Israeli Aircraft above is based on assumptions that no Industries) Alert Service Bulletin 1124–54A– 2002–01–26 Israel Aircraft Industries, Ltd.: 138, dated March 29, 2001; and Astra (Israeli operator has yet accomplished any of Amendment 39–12621. Docket 2001– the requirements of this AD action, and Aircraft Industries) Alert Service Bulletin NM–200–AD. 1125–54A–247, dated March 29, 2001; as that no operator would accomplish Applicability: All Model 1124 and 1124A those actions in the future if this AD applicable. This incorporation by reference series airplanes, and Model 1125 Westwind was approved by the Director of the Federal were not adopted. The cost impact Astra series airplanes having serial numbers Register in accordance with 5 U.S.C. 552(a) figures discussed in AD rulemaking 004 through 072 inclusive and 074 through and 1 CFR part 51. Copies may be obtained actions represent only the time 078 inclusive; certificated in any category. from Galaxy Aerospace Corporation, One necessary to perform the specific actions Note 1: This AD applies to each airplane Galaxy Way, Fort Worth Alliance Airport, actually required by the AD. These identified in the preceding applicability Fort Worth, Texas 76177. Copies may be
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inspected at the FAA, Transport Airplane Comments for inclusion in the Rules 72–1498, which is terminating action for Directorate, 1601 Lind Avenue, SW., Renton, Docket must be received on or before this AD. Washington; or at the Office of the Federal April 1, 2002. Register, 800 North Capitol Street, NW., suite Manufacturer’s Service Information ADDRESSES: 700, Washington, DC. Submit comments in triplicate to the Federal Aviation Rolls-Royce, plc has issued Note 3: The subject of this AD is addressed Administration (FAA), New England mandatory SB’s Tay-72–1483, Revision in Israeli airworthiness directive 54–01–05– 2, dated October 20, 2000, Tay-72–1498, 02, dated May 13, 2001. Region, Office of the Regional Counsel, Attention: Rules Docket No. 2001–NE– dated October 20, 2000, and Tay-72– Effective Date 02–AD, 12 New England Executive Park, 1498, Revision 1, dated December 1, Burlington, MA 01803–5299. Comments 2000, that specify procedures for: (e) This amendment becomes effective on • March 7, 2002. may be inspected at this location, by Initial and repetitive borescope inspections, based on bolt cyclic life Issued in Renton, Washington, on January appointment, between 8 a.m. and 4:30 p.m., Monday through Friday, except exposure, of the stage 12 rotor disc 18, 2002. assembly for damage due to failed HPC Michael Kaszycki, Federal holidays. Comments may also be sent via the Internet using the OGV retaining bolts and, if necessary, Acting Manager, Transport Airplane replacement with serviceable parts. Directorate, Aircraft Certification Service. following address: ‘‘9-ane- • [email protected]’’. Comments sent Introduction of revised retaining [FR Doc. 02–1964 Filed 1–30–02; 8:45 am] via the Internet must contain the docket and locking features for the HPC OGV BILLING CODE 4910–13–P number in the subject line. and outer seal spacer, to eliminate stage The service information referenced in 12 rotor disc assembly damage and stage 11/12 spacer cracking. DEPARTMENT OF TRANSPORTATION this AD may be obtained from Rolls- Royce plc, PO Box 31 Derby, DE24 8BJ, The CAA has classified SB’s Tay-72– 1483, Revision 2, dated October 20, Federal Aviation Administration United Kingdom; telephone 011–44– 1332–242424; fax 011–44–1332–249936. 2000; and Tay-72–1498, Revision 1, dated December 1, 2000; as mandatory 14 CFR Part 39 This information may be examined at the FAA, by appointment, between 8 and issued AD 005–12–99, dated a.m. and 4:30 p.m., Monday through December 2, 1999; and AD 003–10– [Docket No. 2001–NE–02–AD; Amendment 2000, dated December 1, 2000, in order 39–12624; AD 2002–01–29] Friday, except Federal holidays, at the FAA, New England Region, Office of the to assure the airworthiness of these RR Regional Counsel, 12 New England Tay engines in the UK. RIN 2120–AA64 Executive Park, Burlington, MA; or at Bilateral Airworthiness Agreement the Office of the Federal Register, 800 Airworthiness Directives; Rolls-Royce, These engines are manufactured in North Capitol Street, NW., suite 700, plc. Models Tay 650–15 and 651–54 the UK, and are type certificated for Washington, DC. Turbofan Engines operation in the United States under the FOR FURTHER INFORMATION CONTACT: provisions of § 21.29 of the Federal AGENCY: Federal Aviation Keith Mead, Aerospace Engineer, Aviation Regulations (14 CFR 21.29) Administration, DOT. Engine Certification Office, FAA, Engine and the applicable bilateral ACTION: Final rule; request for and Propeller Directorate, 12 New airworthiness agreement. Pursuant to comments. England Executive Park, Burlington, MA this bilateral airworthiness agreement, 01803–5299; telephone (781) 238–7744; the CAA has kept the FAA informed of SUMMARY: This amendment adopts a fax (781) 238–7199. the situation described above. The FAA new airworthiness directive (AD) that is SUPPLEMENTARY INFORMATION: The Civil has examined the findings of the CAA, applicable to Rolls-Royce, plc (RR) Aviation Authority (CAA), which is the reviewed all available information, and models Tay 650–15 and 651–54 airworthiness authority for the United determined that AD action is necessary turbofan engines. This action requires Kingdom (UK), recently notified the for products of this type design that are borescope inspection of the high FAA that an unsafe condition may exist certificated for operation in the United pressure compressor (HPC) stage 12 disc on RR models Tay 650–15 and 651–54 States. assembly to detect damage caused by turbofan engines. The CAA advises that HPC outlet guide vane (OGV) retaining four cracked HPC stage 11/12 spacers FAA’s Determination of an Unsafe bolt failure, and replacement of have been found during engine Condition and Required Actions unserviceable parts with serviceable overhaul. Investigation has concluded Since an unsafe condition has been parts. This action also requires as that the spacer cracking results from identified that is likely to exist or terminating action, the incorporation of prior failures of the HPC OGV retaining develop on other RR models Tay 650– a new design retention arrangement for bolts. The separated OGV bolt material 15 and 651–54 turbofan engines of the the HPC OGV, to prevent HPC OGV is released into a cavity between the same type design, this AD is being retaining bolt failure. This amendment inner seal support assembly air seal and issued to prevent an uncontained failure is prompted by service reports of stage 12 rotor disc assembly, damaging of the HPC stage 11/12 disc spacer, cracked HPC stage 11/12 disc spacers. the disc assembly, resulting in high which could result in damage to the The actions specified in this AD are stresses and cracking of the HPC stage airplane. This AD requires: intended to prevent an uncontained 11/12 spacer. Loose object damage • Initial and repetitive borescope failure of the HPC stage 11/12 disc resulting from OGV retaining bolt inspections of the stage 12 rotor disc spacer, which could result in damage to material release is clearly visible during assembly for damage due to failed HPC the airplane. borescope inspection of the stage 12 OGV retaining bolts, and replacement DATES: Effective February 15, 2002. The rotor disc assembly rear face. Based on with serviceable parts as required. incorporation by reference of certain an engineering review, a redesign has • Introduction of revised retaining publications listed in the rule is been introduced to reduce the loading and locking features for the HPC OGV approved by the Director of the Federal on the OGV retaining bolts, introduced and outer seal spacer, to eliminate stage Register as of February 15, 2002. by mandatory service bulletin (SB) Tay- 12 rotor disc assembly damage and stage
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11/12 spacer cracking due to failed HPC effect on the States, on the relationship engines that have been modified, altered, or OGV retaining bolts. between the national government and repaired so that the performance of the The actions must be done in the States, or on the distribution of requirements of this AD is affected, the accordance with the service bulletins power and responsibilities among the owner/operator must request approval for an alternative method of compliance in described previously. various levels of government. accordance with paragraph (e) of this AD. Immediate Adoption of This AD Accordingly, the FAA has not consulted The request should include an assessment of with state authorities prior to the effect of the modification, alteration, or Since a situation exists that requires publication of this final rule. repair on the unsafe condition addressed by the immediate adoption of this The FAA has determined that this this AD; and, if the unsafe condition has not regulation, it is found that notice and regulation is an emergency regulation been eliminated, the request should include opportunity for prior public comment that must be issued immediately to specific proposed actions to address it. hereon are impracticable, and that good correct an unsafe condition in aircraft, Compliance cause exists for making this amendment and is not a ‘‘significant regulatory Compliance with this AD is required as effective in less than 30 days. Therefore, action’’ under Executive Order 12866. It a situation exists that allows the indicated, unless already done. has been determined further that this To prevent an uncontained failure of the immediate adoption of this regulation. action involves an emergency regulation HPC stage 11/12 disc spacer, which could Comments Invited under DOT Regulatory Policies and result in damage to the airplane, do the Procedures (44 FR 11034, February 26, following: Although this action is in the form of 1979). If it is determined that this Initial Inspection a final rule that involves requirements emergency regulation otherwise would affecting flight safety and, thus, was not be significant under DOT Regulatory (a) Perform borescope inspection to the preceded by notice and an opportunity rear side of the stage 12 rotor disc in Policies and Procedures, a final accordance with paragraph 3.A.(1) of the for public comment, comments are regulatory evaluation will be prepared invited on this rule. Interested persons Accomplishment Instructions of RR and placed in the Rules Docket. A copy Mandatory Service Bulletin (SB) Tay-72– are invited to comment on this rule by of it, if filed, may be obtained from the 1483, Revision 2, dated October 20, 2000, at submitting such written data, views, or Rules Docket at the location provided or before accumulating 8,000 cycles on the arguments as they may desire. under the caption ADDRESSES. OGV retaining bolts, or within 30 days from Communications should identify the the effective date of this AD, whichever Rules Docket number and be submitted List of Subjects in 14 CFR Part 39 occurs later. If damage is observed on the in triplicate to the address specified Air transportation, Aircraft, Aviation stage 12 rotor disc, replace unserviceable parts with serviceable parts as necessary. under the caption ADDRESSES. All safety, Incorporation by reference, communications received on or before Safety. Repetitive Inspections the closing date for comments will be Adoption of the Amendment (b) Thereafter, perform repetitive borescope considered, and this rule may be inspections of the rear side of the stage 12 amended in light of the comments Accordingly, pursuant to the rotor disc no earlier than 1,800 and no later received. Factual information that authority delegated to me by the than 2,200 cycles-since-last-inspection, or no supports the commenter’s ideas and Administrator, the Federal Aviation later than 18 months since-last-inspection, suggestions is extremely helpful in whichever occurs first, in accordance with Administration amends part 39 of the paragraph 3.A.(1) of the Accomplishment evaluating the effectiveness of the AD Federal Aviation Regulations (14 CFR action and determining whether Instructions of RR mandatory SB Tay-72– part 39) as follows: 1483, Revision 2, dated October 20, 2000. If additional rulemaking action would be damage is observed on the stage 12 rotor disc, needed. PART 39—AIRWORTHINESS replace unserviceable parts with serviceable Comments are specifically invited on DIRECTIVES parts as necessary. the overall regulatory, economic, environmental, and energy aspects of 1. The authority citation for part 39 OGV Retaining Bolt Replacement the rule that might suggest a need to continues to read as follows: (c) For engines that had OGV bolts replaced with new bolts P/N’s BLT3602, modify the rule. All comments Authority: 49 U.S.C. 106(g), 40113, 44701. submitted will be available, both before DU909, and DU818 as specified in RR SB § 39.13 [Amended] Tay-72–1484, the initial and repetitive and after the closing date for comments, inspection requirements, based on engine in the Rules Docket for examination by 2. Section 39.13 is amended by cycles-since-bolt installation, are the same as interested persons. A report that adding the following new airworthiness specified in paragraphs (a) and (b) of this AD. summarizes each FAA-public contact directive: Terminating Action for the Inspections concerned with the substance of this AD 2002–01–29 Rolls-Royce, plc: Amendment Required by This AD will be filed in the Rules Docket. 39–12624. Docket No. 2001–NE–02–AD. Commenters wishing the FAA to (d) Before October 1, 2005 for Tay 650–15 acknowledge receipt of their comments Applicability engines, and before October 1, 2012 for Tay 651–54 engines, install new design retaining This airworthiness directive (AD) is submitted in response to this action and locking hardware for the HPC OGV and applicable to Rolls-Royce, plc. (RR) models must submit a self-addressed, stamped outer seal housing assembly, in accordance postcard on which the following Tay 650–15 and 651–54 turbofan engines with paragraph 3 of the Accomplishment statement is made: ‘‘Comments to with high pressure compressor (HPC) outlet Instructions of RR mandatory SB Tay-72– guide vane (OGV) retaining bolts part Docket Number 2001–NE–02–AD.’’ The 1498, dated October 20, 2000, or RR numbers (P/N’s) BLT3602, DU909, and mandatory SB Tay-72–1498, Revision 1, postcard will be date stamped and DU818 installed. These engines are installed returned to the commenter. dated December 1, 2000. After performing on, but not limited to Boeing 727 and Fokker this action, the inspections specified in Regulatory Analysis F.28 Mark 0100 airplanes. paragraphs (a) through (c) of this AD are no Note 1: This AD applies to each engine longer required. This final rule does not have identified in the preceding applicability federalism implications, as defined in provision, regardless of whether it has been Alternative Methods of Compliance Executive Order 13132, because it modified, altered, or repaired in the area (e) An alternative method of compliance or would not have a substantial direct subject to the requirements of this AD. For adjustment of the compliance time that
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provides an acceptable level of safety may be Note 2: Information concerning the and 21.199) to operate the airplane to a used if approved by the Manager, Engine existence of approved alternative methods of location where the requirements of this AD Certification Office (ECO). Operators must compliance with this airworthiness directive, can be done. if any, may be obtained from the ECO. submit their requests through an appropriate Documents That Have Been Incorporated by FAA Principal Maintenance Inspector, who Special Flight Permits Reference may add comments and then send it to the (f) Special flight permits may be issued in (g) The inspections and replacements must Manager, ECO. accordance with §§ 21.197 and 21.199 of the be done in accordance with the following Federal Aviation Regulations (14 CFR 21.197 Rolls-Royce plc, mandatory SB’s:
Document No. Pages Revision Date
SB Tay-72–1483 ...... 1–4 2 ...... October 20, 2000. 5 Original ...... December 2, 1999. Appendix 1 ...... 1–4 2 ...... October 20, 2000. Appendix 2 ...... 1–2 2 ...... October 20, 2000. Total pages: 11. SB Tay-72–1498 ...... 1–38 Original ...... October 20, 2000. Total pages: 38. SB Tay-72–1498 ...... 1–38 1 ...... December 1, 2000 Total pages: 38.
The incorporations by reference were Heliport, MD. Development of an Area which in incorporated by reference in approved by the Director of the Federal Navigation (RNAV), Helicopter 14 CFR 71.1. The Class E airspace Register in accordance with 5 U.S.C. 552(a) RNAV137 approach, for the St. Mary’s designation listed in this document will and 1 CFR part 51. Copies may be obtained from Rolls-Royce plc, PO Box 31 Derby, DE24 Hospital Heliport, MD has made action be published in the Order. necessary. Controlled airspace 8BJ, United Kingdom; telephone 011–44– The Rule 1332–242424; fax 011–44–1332–249936. extending upward from 700 feet Above Copies may be inspected, by appointment, at Ground Level (AGL) is needed to This amendment to Part 71 of the the FAA, New England Region, Office of the contain aircraft executing the approach Federal Aviation Regulations (14 CFR Regional Counsel, 12 New England Executive to the St. Mary’s Hospital Heliport. Park, Burlington, MA; or at the Office of the part 71) provides controlled Class E EFFECTIVE DATE: 0901 UTC February 21, Federal Register, 800 North Capitol Street, airspace extending upward from 700 NW., suite 700, Washington, DC. 2002. feet above the surface for aircraft Note 3: The subject of This AD is FOR FURTHER INFORMATION CONTACT: Mr. conducting Instrument Flight Rules addressed in Civil Airworthiness Authority Francis Jordan, Airspace Specialist, (IFR) operations at the St. Mary’s airworthiness directives AD 005–12–99, Airspace Branch, AEA–520, Air Traffic Hospital Heliport, MD. dated December 2, 1999; and AD 003–10– Division, Eastern Region, Federal 2000, dated December 1, 2000, in order to Aviation Administration, 1 Aviation The FAA has determined that this assure the airworthiness of these RR Tay Plaza, Jamaica, New York 11434–4809, regulation only involves an established engines in the UK. telephone: (718) 553–4521. body of technical regulations for which frequent and routine amendments are Effective Date of This AD SUPPLEMENTARY INFORMATION: necessary to keep them operationally (h) This amendment becomes effective on History current. Therefore, this regulation: (1) Is February 15, 2002. On August 28, 2001 a notice not a ‘‘significant regulatory action’’ Issued in Burlington, Massachusetts, on proposing to amend Part 71 of the under Executive Order 12866; (2) is not January 18, 2002. Federal Aviation Regulations (14 CFR a ‘‘significant rule’’ under DOT Thomas A. Boudreau, part 71) by establishing Class E airspace Regulatory Policies and Procedures (44 Acting Manager, Engine and Propeller extending upward from 700 feet Above FR 11034; February 26, 1979); and (3) Directorate, Aircraft Certification Service. Ground Level (AGL) for an RNAV, does not warrant preparation of a [FR Doc. 02–2060 Filed 1–30–02; 8:45 am] Helicopter RNAV137 approach to the St. Regulatory Evaluation as the anticipated BILLING CODE 4910–13–P Mary’s Hospital Heliport, MD was impact is so minimal. Since this is a published in the Federal Register (44 routine matter that will only affect air FR 45200–45201). traffic procedures and air navigation it DEPARTMENT OF TRANSPORTATION Interested parties were invited to is certified that this rule will not have Federal Aviation Administration participate in this rulemaking significant economic impact on a proceeding by submitting written substantial number of small entities 14 CFR Part 71 comments on the proposal to the FAA under the criteria of the Regulatory on or before July 11, 2001. No comments Flexibility Act. [Airspace Docket No. 01–AEA–21FR] to the proposal were received. The rule is adopted as proposed. The coordinates List of Subjects in 14 CFR Part 71 Establishment of Class E Airspace; St. for this airspace docket are based on Mary’s Hospital Heliport, MD Airspace, Incorporation by reference, North American Datum 83. Navigation (air). AGENCY: Federal Aviation Class E airspace areas designations for Administration (FAA), DOT. airspace extending upward from 700 Adoption of the Amendment ACTION: Final rule. feet or more above the surface of the earth are published in paragraph 6005 of In consideration of the foregoing, the SUMMARY: This action establishes Class FAA order 7400.9J, dated August 31, Federal Aviation Administration E airspace at St. Mary’s Hospital 2001 and effective September 16, 2001, amends 14 CFR part 71 as follows:
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PART 71—[AMENDED] Division, Eastern Region, Federal List of Subjects in 14 CFR Part 71 Aviation Administration, 1 Aviation 1. The authority citation for 14 CFR Airspace, Incorporation by reference, Plaza, Jamaica, New York 11434–4809, Navigation (air). Part 71 continues to read as follows: telephone: (718) 553–4521. Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40113, SUPPLEMENTARY INFORMATION: 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– In consideration of the forging, the 1063 Comp., p. 389. History Federal Aviation Administration § 71.1 [Amended] On August 28, 2001 a notice amends 14 CFR part 71 as follows: proposing to amend Part 71 of the 2. The incorporation by reference in Federal Aviation Regulations (14 CFR PART 71—[AMENDED] 14 CFR 71.1 of Federal Aviation part 71) by establishing Class E airspace 1. The authority citation for 14 CFR Administration Order 7400.9J, Airspace extending upward from 700 feet Above Part 71 continues to read as follows: Designations and Reporting Points, Ground Level (AGL) for an RNAV, dated August 31, 2001 and effective Helicopter RNAV036 approach to the Authority: 49 U.S.C. 106(g), 40103, 40113, September 16, 2001, is amended as Easton Memorial Hospital Heliport, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– follows: Easton, MD, was published in the 1963 Comp., p. 389. Paragraph 6005 Class E airspace areas Federal Register (66 FR 45198–45199). § 71.1 [Amended] extending upward from 700 feet or more Interested parties were invited to above the surface of the earth. 2. The incorporation by reference in participate in this rulemaking 14 CFR 71.1 of Federal Aviation AEA MD E5, St. Mary’s Hospital [NEW] proceeding by submitting written Administration Order 7400.9J, Airspace St. Mary’s Hospital Heliport comments on the proposal to the FAA Designations and Reporting Points, (Lat. 38°18′04″ N., long. 76°38′12″ W.) on or before September 27, 2001. No dated August 31, 2001, and effective Point in Space Coordinates comments to the proposal were ° ′ ″ ° ′ ″ September 16, 2001, is amended as (Lat. 38 19 32 N., long. 76 40 27 W.) received. The rule is adopted as follows: That airspace extending upward from 700 proposed. The coordinates for this feet above the surface within a 6 mile radius airspace docket are based on North Paragraph 6005 Class E airspace areas of the point in space for the SIAP to the St. American Datum 83. extending upward from 700 feet or more Mary’s Hospital Heliport. Class E airspace areas designations for above the surface of the earth. Issued in Jamaica, New York on October airspace extending upward from 700 AEA MD E5, Easton Memorial Hospital 29, 2001. feet or more above the surface of the [NEW] Richard J. Ducharme, earth are published in paragraph 6005 of Easton Memorial Hospital Heliport ° ′ ″ ° ′ ″ Assistant Manager, Air Traffic Division, FAA Order 7400.9J, dated August 31, (Lat. 38 46 08 N., long. 76 04 22 W.) Eastern Region. 2001 and effective September 16, 2001, Point in Space Coordinates (Lat. 38°46′18″ N., long. 76°06′10″ W.) [FR Doc. 02–1005 Filed 1–30–02; 8:45 am] which is incorporated by reference in 14 That airspace extending upward from 700 BILLING CODE 4910–13–M CFR 71.1. The Class E airspace designation listed in this document will feet above the surface within a 6 mile radius be published in the Order. of the point in space for the SIAP to the Easton Memorial Hospital Heliport, Easton, DEPARTMENT OF TRANSPORTATION The Rule MD. Federal Aviation Administration This amendment to Part 71 of the Issued in Jamaica, New York on October Federal Aviation Regulations (14 CFR 29, 2001. 14 CFR Part 71 part 71) provides controlled Class E Richard J. Ducharme, Assistant Manager, Air Traffic Division, [Airspace Docket No. 01–AEA–22FR] airspace extending upward from 700 feet above the surface for aircraft Eastern Region. Establishment of Class E Airspace; conducting Instrument Flight Rules [FR Doc. 02–1006 Filed 1–30–02; 8:45 am] Easton Memorial Hospital Heliport, MD (IFR) operations at the Easton Memorial BILLING CODE 4910–13–M Hospital Heliport, Easton, MD. AGENCY: Federal Aviation The FAA has determined that this Administration (FAA), DOT. regulation only involves an established DEPARTMENT OF TRANSPORTATION ACTION: Final rule. body of technical regulations for which Federal Aviation Administration frequent and routine amendments are SUMMARY: This action establishes Class necessary to keep them operationally 14 CFR Part 71 E airspace at Easton Memorial Hospital current. Therefore, this regulation: (1) Is Heliport, Easton, MD. Development of not a ‘‘significant regulatory action’’ [Airspace Docket No. 01–AWP–29] an Area Navigation (RNAV), Helicopter under Executive Order 12866; (2) is not RNAV036 approach, for the Easton a ‘‘significant rule’’ under DOT Amendment of Honolulu Class E5 Memorial Hospital Heliport, MD has Regulatory Policies and Procedures (44 Airspace Area Legal Description made this action necessary. Controlled FR 11034; February 26, 1979); and (3) AGENCY: Federal Aviation airspace extending upward from 700 does not warrant preparation of a feet Above Ground Level (AGL) is Administration (FAA) DOT. Regulatory Evaluation as the anticipated ACTION: Final rule. needed to contain aircraft executing the impact is so minimal. Since this a approach to the Easton Memorial routine matter that will only affect air SUMMARY: This rule amends the legal Hospital Heliport. traffic procedures and air navigation it description of the Honolulu EFFECTIVE DATE: 0901 UTC February 21, is certified that this rule will not have International Airport Class E5 airspace 2002. significant economic impact on a area. The amended description replaces FOR FURTHER INFORMATION CONTACT: Mr. substantial number of small entities all references to Naval Air Station (NAS) Francis Jordan, Airspace Specialist, under the criteria of the Regulatory Barbers Point with Kalaeloa, John Airspace Branch, AEA–520, Air Traffic Flexibility Act. Rogers Field.
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EFFECTIVE DATE: 0901 UTC, February 21, Adoption of the Amendment Issued in Los Angeles, California, on 2002. November 14, 2001. In consideration of the foregoing, the Dawna J. Vicars, FOR FURTHER INFORMATION CONTACT: Debra Trindle, Airspace Specialist, Federal Aviation Administration Acting Manager, Air Traffic Division, Airspace Branch, AWP–520.10, Air amends 14 CFR part 71 as follows: Western-Pacific Region. Traffic Division, Western-Pacific [FR Doc. 02–862 Filed 1–30–02; 8:45 am] PART 71—DESIGNATION OF CLASS A, BILLING CODE 4910–13–M Region, Federal Aviation CLASS B, CLASS C, CLASS D AND Administration, 15000 Aviation CLASS E AIRSPACE AREAS; Boulevard, Lawndale, California 90261, AIRWAYS; ROUTES; AND REPORTING DEPARTMENT OF TRANSPORTATION telephone (310) 725–6613. POINTS SUPPLEMENTARY INFORMATION: Coast Guard 1. The authority citation for 14 CFR History part 71 continues to read as follows: 33 CFR Parts 100 and 165 In 1999, the United States Navy Authority: 49 U.S.C. 106(g), 40103, 40113, [COTP Honolulu 01–008] vacated NAS Barbers Point under the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– mandates of the Base Realignment and 1963 Comp., p. 389. RIN 2115–AA97 and 2115–AA98 Closure Act. The airport was renamed Kalaeloa, John Rogers Field on § 71.1 [Amended] Security Zones; Oahu, Maui, HI, and September 9, 1999. The existing legal 2. The incorporation by reference in Kauai, HI description for the Honolulu 14 CFR 71.1 of the Federal Aviation AGENCY: Coast Guard, DOT. International Airport Class E5 airspace Administration Order 7400.9J, Airspace area still refers to NAS Barbers Point. Designations and Reporting Points, ACTION: Temporary final rule. This rule amends that description to dated August 31, 2001, and effective reflect the correct name of Kalaeloa, SUMMARY: The Coast Guard is September 16, 2001, is amended as establishing security zones in John Rogers Field. It does not change follows: the dimensions, configuration, or designated waters adjacent to the operating requirements of the affected Paragraph 6005 Class E airspace areas islands of Oahu, Maui, Hawaii, and airspace. extending upward from 700 feet or more Kauai, HI for a period of six months. above the surface of the earth. Class E5 airspace is published in These security zones are necessary to Paragraph 6005 of FAA Order 7400.9J, * * * * * protect personnel, vessels, and facilities Airpsace Designations and Reporting from acts of sabotage or other subversive AWP HI E5 Honolulu International acts, accidents, or other causes of a Points, dated August 31, 2001 and Airport, HI [Revised] effective September 16, 2002, which is similar nature during operations and Honolulu International Airport, HI will extend from the surface of the water incorporated by reference in 14 CFR (Lat. 21°19′08″ N., long. 157°55′21″ W.) 71.1. The Class E5 airspace designation to the ocean floor. When the zones are Kalaeloa John Rogers Field activated, entry into these zones is listed in this document would be ° ′ ″ ° ′ ″ (Lat. 21 18 21 N., long. 158 04 20 W.) prohibited unless authorized by the published subsequently in this Order. Honolulu VORTAC ° ′ ″ ° ′ ″ Coast Guard Captain of the Port The Rule (Lat. 21 18 30 N., long. 157 55 50 W.) Honolulu, HI. This rule also terminates That airspace extending upward from 700 a previous rule published October 17, This amendment to 14 CFR part 71 of feet above the surface south and southeast of 2001 creating security zones in these the Federal Aviation Regulations amend Honolulu International Airport beginning at areas until March 22, 2002. the Class E5 airspace for Honolulu. lat. 21°20′19″ N., long. 157°51′05″ W., thence DATES: This rule is effective from 6 a.m. The FAA has determined that this south to lat. 21°15′19″ N., long. 157°49′05″ regulation only involves an established W., thence east along the shoreline to where HST October 19, 2001, to 4 p.m. HST body of technical regulations for which the shoreline intercepts the Honolulu April 19, 2002. 33 CFR 165.T14–058 frequent and routine amendments are VORTAC 15-mile radius, then clockwise published October 17, 2001 (66 FR necessary to keep them operationally along the 15-mile radius of the Honolulu 52693), is terminated. current. Therefore, this regulation—(1) VORTAC to intercept the Honolulu VORTAC ADDRESSES: The docket for this ° is no a ‘‘significant regulatory action’’ 241 radial, then northeast bound along the rulemaking is maintained by the ° under Executive Order 12866; (2) is not Honolulu VORTAC 241 radial to intercept Commanding Officer, U.S. Coast Guard a ‘‘significant rule’’ under DOT the 4.3-mile radius south of Kalaeloa John Marine Safety Office Honolulu, 433 Ala Regulatory Policies and Procedures (44 Rogers Field, then counterclockwise along Moana Blvd., Honolulu, Hawaii 96813. the arc of the 4.3-mile radius of Kalaeloa John FR 11034; February 26, 1979); and (3) Docket material is available for Rogers Field to and counterclockwise along inspection or copying at this location does not warrant preparation of a the arc of a 5-mile radius of the Honolulu Regulatory Evaluation as the anticipated ° between 7 a.m. and 4:30 p.m. on VORTAC to the Honolulu VORTAC 106 weekdays, except Federal holidays. impact is so minimal. Since this is a radial, then westbound along the Honolulu routine matter that will only affect air 106° radial to the 4-mile radius of the FOR FURTHER INFORMATION CONTACT: traffic procedures and air navigation, it Honolulu VORTAC, then counterclockwise LCDR M. A. Willis, Coast Guard Marine is certified that this rule would not have along the 4-mile radius to intercept the Safety Office Honolulu, Hawaii at (808) a significant economic impact on a Honolulu VORTAC 071° radial, thence to the 522–8260. substantial number of small entities point of beginning and that airspace SUPPLEMENTARY INFORMATION: under the criteria of the Regulatory beginning at lat. 21°10′25″ N., long. Flexibility Act. 158°11′22″ W., to lat. 21°16′05″ N., long. Regulatory Information 158°14′35″ W.; to lat. 21°16′30″ N., long. List of Subjects 14 CFR Part 71 Recent terrorist incidents in New 158°13′46″ W.; to lat. 21°16′50″ N., long. York and Washington, DC have called Airspace, Incorporation by reference, 158°00′00″ W., to the point of beginning. for the implementation of additional Navigation (air). * * * * * measures to protect the national
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security. These temporary rules are procedures of DOT is unnecessary. This or on the distribution of power and intended to provide for the safety and expectation is based on the temporary responsibilities between the Federal security of the public, maritime duration of the zone and the limited Government and Indian tribes. commerce, and transportation, by geographic area affected by it. Taking of Private Property creating security zones in designated Small Entities harbors, anchorages, facilities, and This rule will not affect a taking of adjacent navigable waters of the United Under the Regulatory Flexibility Act private property or otherwise have States. As authorized by 5 U.S.C. 553, (5 U.S.C. 601–612), we considered taking implications under Executive we did not publish a notice of proposed whether this rule would have a Order 12630, Governmental Actions and rulemaking (NPRM) for this regulation significant economic impact on a Interference with Constitutionally and there is good cause for us to make substantial number of small entities. Protected Property Rights. the rule effective in less than 30 days The term ‘‘small entities’’ comprises after publication in the Federal small businesses, not-for-profit Civil Justice Reform Register. Publishing an NPRM and organizations that are independently This rule meets applicable standards delaying this rule from becoming owned and operated and are not in sections 3(a) and 3(b)(2) of Executive effective would be contrary to the public dominant in their fields, and Order 12988, Civil Justice Reform, to interest since immediate action is governmental jurisdictions with minimize litigation, eliminate needed to protect persons, vessels, and populations of less than 50,000. The ambiguity, and reduce burden. facilities in various areas on the islands Coast Guard certifies under 5 U.S.C. of Oahu, Maui, Hawaii, and Kauai, HI. 605(b) that this regulation will not have Protection of Children There was insufficient time to publish a a significant economic impact on a We have analyzed this rule under proposed rule in advance of the event or substantial number of small entities. No Executive Order 13045, Protection of to provide a delayed effective date. small business impacts are anticipated Children from Environmental Health Under these circumstances, following due to the small size of the zone and the Risks and Safety Risks. This rule is not normal rulemaking procedures would short duration of the security zone in an economically significant rule and be impracticable. any one area. does not concern an environmental risk Background and Purpose Assistance for Small Entities to health or risk to safety that may The Coast Guard is establishing Because we did not anticipate any disproportionately affect children. designated security zones in the waters small business impacts, we did not offer Environment adjacent to the islands of Oahu, Maui, assistance to small entities in Hawaii, and Kauai, HI for a period of understanding the rule. The Coast Guard considered the six-months. These security zones are environmental impact of this action and necessary to protect personnel, vessels, Collection of Information concluded that, under figure 2–1, and facilities from acts of sabotage or This rule calls for no new collection paragraph (34)(g) of Commandant other subversive acts, accidents, or other of information under the Paperwork Instruction M16475.1D, this rule is causes of a similar nature during Reduction Act of 1995 (44 U.S.C. 3501– categorically excluded from further operations. These security zones extend 3520 et seq.). environmental documentation. As an from the surface of the water to the emergency action, the environmental ocean floor. Entry into these zones is Federalism analysis requisite regulatory prohibited unless authorized by the The Coast Guard has analyzed this consultations, and categorical exclusion Coast Guard Captain of the Port rule under Executive Order 13132, and determination, will be prepared and Honolulu, HI. Representatives of the has determined this rule does not have submitted after establishment of this Captain of the Port Honolulu will implications for federalism under that temporary security zone, and will be enforce these security zones. The Order. available for inspection or copying Captain of the Port may be assisted by where indicated under addresses. other federal or state agencies. Unfunded Mandates Reform Act List of Subjects Periodically, by Broadcast Notice to The Unfunded Mandates Reform Act Mariners, the Coast Guard will of 1995 (2 U.S.C. 1531–1538) governs 33 CFR Part 110 announce the existence or status of the the issuance of Federal regulations that temporary security zones in this rule. require unfunded mandates. An Anchorage grounds. unfunded mandate is a regulation that 33 CFR Part 165 Regulatory Evaluation requires a State, local, or tribal This temporary final rule is not a government or the private sector to Harbors, Marine safety, Navigation significant regulatory action under incur direct costs without the Federal (water), Reporting and recordkeeping section 3(f) of Executive Order 12866 Government having first provided the requirements, Security measures, and does not require an assessment of funds to pay those unfunded mandate Waterways. potential costs and benefits under costs. This rule will not impose an For the reasons set out in the section 6(a)(3) of that order. The Office unfunded mandate. preamble, the Coast Guard amends 33 of Management and Budget has not CFR parts 110 and 165 as follows: reviewed it under that order. It is not Indian Tribal Governments significant under the regulatory policies This rule does not have tribal PART 110—ANCHORAGE and procedures of the Department of implications under Executive Order REGULATIONS Transportation (DOT) (44 FR 11040, 13175, Consultation and Coordination February 26, 1979). The U.S. Coast with Indian Tribal Governments, 1. The authority citation for part 110 Guard expects the economic impact of because it does not have a substantial continues to read as follows: this action to be so minimal that a full direct effect on one or more Indian Authority: 33 U.S.C. 471, 1221 through Regulatory Evaluation under paragraph tribes, on the relationship between the 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 10(e) of the regulatory policies and Federal Government and Indian tribes, CFR 1.05–1(g).
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2. From 6 a.m. October 19, 2001, until (i) Lahaina Small Boat Harbor, Maui, inspection or copying at the Coast 4 p.m. April 19, 2002, in § 110.235, add between Makila Point and Puunoa Guard Marine Safety Office, 2716 North a new paragraph (c) to read as follows: Point. Harbor Drive, San Diego, CA 92101– (ii) Kailua-Kona Small Boat Harbor, 1064 between 7:30 a.m. and 4 p.m., § 110.235 Pacific Ocean (Mamala Bay), Hawaii, between Keahulolu Point and Monday through Friday, except Federal Honolulu Harbor, Hawaii (Datus: NAD 83) Puapuaa Point. holidays. * * * * * (b) Designated representative. A FOR FURTHER INFORMATION CONTACT: (c) Before entering in the anchorage designated representative of the Captain Lieutenant Christopher Hochschild, grounds in this section, you must first of the Port is any Coast Guard Vessel Traffic Management Section, obtain permission from the Captain of commissioned officer, warrant or petty 11th Coast Guard District, telephone the Port Honolulu. officer that has been authorized by the (510) 437–2940; e-mail: Captain of the Port Honolulu to act on PART 165—REGULATED NAVIGATION [email protected]. his behalf. The following officers have AREAS AND LIMITED ACCESS AREAS SUPPLEMENTARY INFORMATION: or will be designated by the Captain of 3. The authority citation for part 165 the Port Honolulu: The senior Coast Regulatory History continues to read as follows: Guard boarding officer on each vessel On June 13, 2001, the Coast Guard enforcing the security zone. published a notice of proposed Authority: 33 U.S.C. 1231; 50 U.S.C. 191, (c) Regulations. rulemaking (NPRM) entitled Security 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5, 49 (1) In accordance with the general Zone; Naval Supply Center Pier, San CFR 1.46. regulations in § 165.33 of this part, entry Diego Bay, CA in the Federal Register into these zones is prohibited unless § 165.T14–058 [Removed] (66 FR 31870). The Coast Guard did not authorized by the Captain of the Port or 4. Remove § 165.T14–058. receive any letters commenting on the his designated representatives. proposed rule. No public hearing was 5. From 6 a.m. October 19, 2001, until (2) The existence or status of the requested, and none was held. Since 4 p.m. April 19, 2002, a new § 165.T14– temporary security zones in this section publication of the NPRM, the Navy has 061 is temporarily added to read as will be announced periodically by notified the Coast Guard that it has follows: Broadcast Notice to Mariners. (d) Authority. The authority for this changed the name of the pier from the § 165.T14–061 Security Zones: Oahu, section is 33 U.S.C. 1226; 49 CFR 1.46. Naval Supply Center Pier to the Fleet Maui, Hawaii, and Kauai, HI. (e) Effective dates: This section is Industrial Supply Center Pier. (a) Location. The following areas are effective from 6 a.m. HST October 19, In keeping with the requirements of 5 security zones: 2001, until 4 p.m. HST April 19, 2002. U.S.C. 553(d)(3), the Coast Guard finds (1) All waters of Honolulu Harbor and that good cause exists for making this entrance channel, Keehi Lagoon, and Dated: October 19, 2001. regulation effective immediately. The General Anchorages A, B, C, and D as R. D. Utley, Coast Guard balanced the necessity for defined in 33 CFR 110.235 that are Rear Admiral, Coast Guard Commander, immediate implementation against the shoreward of the following coordinates: Fourteenth Coast Guard District. principles of fundamental fairness The shoreline of a line connecting [FR Doc. 02–2356 Filed 1–30–02; 8:45 am] which require that all effected persons 21°17.68′ N, 157°52.0′ W; thence due BILLING CODE 4910–15–P be afforded a reasonable time to prepare south to 21°16.0′ N, 157°52.0′ W; thence for the effective date of the rule. In light due west to 21°16.0′ N, 157°55.58′ W; of the events of September 11, 2001, the thence due north to Honolulu DEPARTMENT OF TRANSPORTATION Coast Guard believes it is in the national interest to immediately implement the International Airport Reef Runway at Coast Guard 21°18.25′ N, 157°55.58′ W. rule to provide for security zone coverage around the pier. The Coast (2) The waters around the Tesoro 33 CFR Part 165 Single Point Mooring extending 1,000 Guard further believes that it has yards in all directions from position [CGD11–01–008] provided the public adequate notice and ° ′ ° ′ time to adapt to the security zone’s 21 16.2 N, 158 05.3 W. RIN 2115–AA97 (3) The Kahului Harbor and Entrance implementation through the NPRM. In Channel, Maui, HI consisting of all Security Zone; Naval Supply Center addition, the California Coastal waters shoreward of the COLREGS Pier, San Diego Bay, CA Commission, in its Coast Zone DEMARCATION line. (See 33 CFR Management Act Determination of 80.1460). AGENCY: Coast Guard, DOT. October 16, 2001 discussed the minimal (4) All waters within the Nawiliwili ACTION: Final rule. impact the zone will have on the public: Harbor, Kauai, HI shoreward of the ‘‘These areas [including the subject COLREGS DEMARCATION line (See 33 SUMMARY: The Coast Guard is creating a security zone] are not typically used for CFR 80.1450). permanent security zone around the recreational or commercial boating, and (5) All waters of Port Allen Harbor, Fleet Industrial Supply Center (formerly the restrictions will not adversely affect Kauai, HI shoreward of the COLREGS the Naval Supply Center) Pier at Naval navigation or boating in San Diego Bay.’’ DEMARCATION line (See 33 CFR Base, San Diego, at the request of the The Coast Guard was delayed slightly in 80.1440). U.S. Navy. The establishment of this implementing this final rule because the (6) Hilo Harbor and Entrance Channel, security zone is needed to ensure the attacks on the World Trade Center in Hawaii, HI consisting of all waters physical protection of naval vessels New York and the Pentagon in shoreward of the COLREGS moored at the Fleet Industrial Supply Washington, DC caused the Coast Guard DEMARCATION line (See 33 CFR Center pier. and the Navy to re-examine the whole 80.1480). DATES: This rule becomes effective scheme of security zones contemplated (7) The waters extending out 500 December 17, 2001. for San Diego to ensure they adequately yards in all directions from cruise ship ADDRESSES: Documents as indicated in met force protection and national vessels anchored within 3 miles of this preamble are available for defense needs.
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Background and Purpose Center Pier. Also, to reflect a name Taking of Private Property The Coast Guard is creating a change resulting from the Navy’s 1998 This rule will not effect a taking of permanent security zone around the regionalization process, the Coast Guard private property or otherwise have newly-named Fleet Industrial Supply has made the following minor technical taking implications under Executive Center Pier at Naval Base, San Diego amendment to the final rule which did Order 12630, Governmental Actions and (formerly known as the Naval Supply not appear in the NPRM: In paragraph Interference with Constitutionally Center Pier). The security zone consists (b) of the final rule, Commanding Protected Property Rights. Officer, Naval Base San Diego has been of the waters of San Diego Bay Civil Justice Reform extending approximately 100 feet out re-named as the Commander, Navy from the north, west, and south sides of Region Southwest. This rule meets applicable standards the Fleet Industrial Supply Center Pier. Regulatory Evaluation in sections 3(a) and 3(b)(2) of Executive Currently, there is a restricted area Order 12988, Civil Justice Reform, to This rule is not a ‘‘significant around the Fleet Industrial Supply minimize litigation, eliminate regulatory action’’ under section 3(f) of Center Pier, 33 CFR 334.870(d). The ambiguity, and reduce burden. Executive Order 12866, Regulatory Navy believes that this restricted area, Planning and Review, and does not Protection of Children by itself, is insufficient to adequately require an assessment of potential costs We have analyzed this rule under safeguard its vessels. The Navy has been and benefits under section 6(a)(3) of that Executive Order 13045, Protection of reviewing all aspects of its anti- Order. The Office of Management and Children from Environmental Health terrorism and force protection posture Budget has not reviewed it under that Risks and Safety Risks. This rule is not in response to the attack on the USS Order. It is not ‘‘significant’’ under the an economically significant rule and COLE. The attacks of September 11, regulatory policies and procedures of does not create an environmental risk to 2001 and the heightened state of the Department of Transportation health or risk to safety that may military alert resulting therefrom add (DOT)(44 FR 11040, February 26, l979). disproportionately affect children. substantial urgency to the creation of This rule will have minimal additional this security zone. The creation of this Indian Tribal Governments impact on vessel traffic because it is security zone will help safeguard already a restricted area codified at 33 This rule does not have tribal vessels moored at the Fleet Industrial CFR 334.870. implications under Executive Order Supply Center and waterside facilities 13175, Consultation and Coordination from destruction, loss, or injury from Small Entities with Indian Tribal Governments, sabotage or other subversive acts, Under the Regulatory Flexibility Act because it does not have a substantial accidents, or other causes of a similar (5 U.S.C. 601–612), we have considered direct effect on one or more Indian nature. whether this rule would have a tribes, on the relationship between the The creation of this security zone will significant economic impact on a Federal Government and Indian tribes, also prevent recreational and substantial number of small entities. or on the distribution of power and commercial craft from interfering with The term ‘‘small entities’’ comprises responsibilities between the Federal military operations involving naval small businesses, not-for-profit Government and Indian tribes. vessels and it will protect transiting organizations that are independently Energy Effects recreational and commercial vessels, owned and operated and are not and their respective crews, from the dominant in their fields, and We have analyzed this rule under navigational hazards posed by such governmental jurisdictions with Executive Order 13211, Actions military operations. Unlike the current populations of less than 50,000. The Concerning Regulations That restricted area, under this proposed rule Coast Guard certifies under 5 U.S.C. Significantly Affect Energy Supply, entry into, transit through, or anchoring 605(b) that this rule will not have a Distribution, or Use. We have within this security zone would be significant economic impact on a determined that it is not a ‘‘significant prohibited unless authorized by the substantial number of small entities. energy action’’ under that order because Captain of the Port, or the Commander, it is not a ‘‘significant regulatory action’’ Navy Region Southwest. Collection of Information under Executive Order 12866 and is not Vessels or persons violating this This rule calls for no new collection likely to have a significant adverse effect section would be subject to the penalties of information under the Paperwork on the supply, distribution, or use of set forth in 50 U.S.C. 192 and 18 U.S.C. Reduction Act (44 U.S.C. 3501–3520). energy. It has not been designated by the 3571: seizure and forfeiture of the Administrator of the Office of vessel, a monetary penalty of not more Federalism Information and Regulatory Affairs as a than $250,000, and imprisonment for The Coast Guard has analyzed this significant energy action. Therefore, it not more than 10 years. rule under Executive Order 13132 and does not require a Statement of Energy The U.S. Coast Guard may be assisted has determined that it does not have Effects under Executive Order 13211. in the patrol and enforcement of this implications for federalism. security zone by the U.S. Navy. Environment Unfunded Mandates Reform Act We considered the environmental Discussion of Comments and Changes The Unfunded Mandates Reform Act impact of this rule and concluded that No comments were received during of 1995 (2 U.S.C. 1531–1538) governs under figure 2–1, paragraph (34)(g) of the NPRM comment period. the issuance of Federal regulations that Commandant Instruction M16475.lD, To reflect the pier’s name change, the require unfunded mandates. An this rule is categorically excluded from Coast Guard has made the following unfunded mandate is a regulation that further environmental documentation. minor technical amendments to the requires State, local, or tribal This rule creates a security zone on top final rule that did not appear in the government or the private sector to of an already existing restricted area. NPRM: In paragraph (a) of the final rule, incur direct costs without the Federal The rules are only slightly different and the Naval Supply Center Pier has been Government’s having first provided the the physical characteristics of the re-named as the Fleet Industrial Supply funds to pay those costs. surrounding waters does not change at
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all. A Categorical Exclusion DEPARTMENT OF TRANSPORTATION implement the rule to avoid any gap in Determination and an Environmental security zone coverage. The Coast Guard Analysis Checklist are available in the Coast Guard further believes that it has provided the docket at the location specified under public adequate notice and time to the ADDRESSES portion of this 33 CFR Part 165 adapt to the security zone’s implementation through the NPRM and rulemaking. [CGD11–01–011] the Navy’s placement of small buoys List of Subjects in 33 CFR Part 165 RIN 2115–AA97 marking the zone. In addition, the California Coastal Commission, in its Harbors, Marine safety, Navigation Security Zone; Naval Amphibious Coast Zone Management Act (water), Reporting and recordkeeping Base, San Diego Bay, CA Determination of October 16, 2001 requirements, Security measures, discussed the minimal impact the zone AGENCY: Coast Guard, DOT. Waterways. will have on the public: ‘‘These areas ACTION: Final rule. For the reasons discussed in the [including the subject security zone] are not typically used for recreational or preamble, the Coast Guard amends 33 SUMMARY: The Coast Guard is creating a commercial boating, and the restrictions CFR part 165 as follows: permanent security zone around the will not adversely affect navigation or Naval Amphibious Base, Coronado, boating in San Diego Bay.’’ PART 165—REGULATED NAVIGATION California, at the request of the U.S. AREAS AND LIMITED ACCESS AREAS The Coast Guard was delayed slightly Navy. This security zone will be in implementing this final rule because established inside an already exiting the attacks on the World Trade Center 1. The authority citation for 33 CFR restricted area defined by the U.S. Navy part 165 continues to read as follows: in New York and the Pentagon in maintained buoys. The establishment of Washington, DC caused the Coast Guard Authority: [33 U.S.C. 1231; 50 U.S.C. 191, this security zone is needed to ensure and the Navy to re-examine the whole 33 CFR 1.05–1(g) 6.04–1, 6.04–6, 160.5; 49 the physical protection of naval vessels scheme of security zones contemplated CFR 1.46.] and their activities at Naval Amphibious for San Diego to ensure they adequately Base, Coronado. 2. A new § 165.1121 is added to read met force protection and national DATES: This rule becomes effective as follows: defense needs. December 17, 2001. Background and Purpose § 165.1121 Security Zone: Fleet Supply ADDRESSES: Documents as indicated in Center Industrial Pier, San Diego, CA. this preamble are available for The Coast Guard is creating a permanent security zone around the (a) Location. The following area is a inspection or copying at the Coast Guard Marine Safety Office, 2716 North Naval Amphibious Base, Coronado, security zone: the waters of San Diego Harbor Drive, San Diego, CA 92101– California, at the request of the U.S. Bay extending approximately 100 feet 1064 between 7:30 a.m. and 4 p.m., Navy. The security zone will consist of from the north, west, and south sides of Monday through Friday, except Federal the waters of San Diego Bay around the the Fleet Industrial Supply Center holidays. perimeter of the Naval Amphibious enclosed by lines connecting the Base, extending approximately 100 FOR FURTHER INFORMATION CONTACT: following points: Beginning at 32°42′50″ yards out. Lieutenant Christopher Hochschild, N, 117°10′25″ W (Point A); to 32°42′50″ Currently, there is a restricted area Vessel Traffic Management Section, N, 117°10′38″ W (Point B); to 32°42′54″ around the Naval Amphibious Base, 33 ° ′ ″ ° ′ ″ 11th Coast Guard District, telephone CFR 334.860. The Navy believes that N, 117 10 38 W (Point C); to 32 42 54 (510) 437–2940; e-mail: N, 117°10′25″ W (Point D). this restricted area, by itself, is [email protected]. insufficient to adequately safeguard its (b) Regulations. In accordance with SUPPLEMENTARY INFORMATION: vessels and the military operations the general regulations in § 165.33, entry involving the base. The Navy has been Regulatory History into the area of this zone is prohibited reviewing all aspects of its anti- unless authorized by the Captain of the On June 13, 2001, the Coast Guard terrorism and force protection posture Port or the Commander, Navy Region published a notice of proposed in response to the attack on the USS Southwest. Section 165.33 also contains rulemaking (NPRM) entitled Security COLE. The attacks of September 11, other general requirements. Zone; Naval Amphibious Base, San 2001 and the heightened state of (c) Enforcement. The U.S. Coast Diego Bay, CA in the Federal Register military alert resulting therefrom add Guard may be assisted in the patrol and (66 FR 31872). The Coast Guard did not substantial urgency to the creation of enforcement of this security zone by the receive any letters commenting on the this security zone. This security zone U.S. Navy. proposed rule. No public hearing was will safeguard vessels moored at the requested, and none was held. Naval Amphibious Base and waterside Dated: December 17, 2001. In keeping with the requirements of 5 facilities from destruction, loss, or E.R. Riutta, U.S.C. 553(d)(3), the Coast Guard finds injury from sabotage or other subversive Vice Admiral, U.S. Coast Guard, Commander, that good cause exists for making this acts, accidents, or other causes of a Eleventh Coast Guard District. regulation effective immediately. The similar nature. [FR Doc. 02–2361 Filed 1–30–02; 8:45 am] Coast Guard balanced the necessity for The creation of this security zone will BILLING CODE 4910–15–P immediate implementation against the also prevent recreational and principles of fundamental fairness commercial craft from interfering with which require that all effected persons military operations involving naval be afforded a reasonable time to prepare vessels and it will protect transiting for the effective date of the rule. recreational and commercial vessels, In light of the events of September 11, and their respective crews, from the 2001, the Coast Guard believes it is in navigational hazards posed by such the national interest to immediately military operations. Unlike the current
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restricted area regulation, this security have a significant economic impact on Energy Effects zone regulation will not allow vessels to a substantial number of small entities. The Coast Guard has analyzed this transit through or anchor in the security Collection of Information rule under Executive Order 13211, zone unless authorized by the Captain Actions Concerning Regulations That of the Port, the Commander, Navy This final rule calls for no new Significantly Affect Energy Supply, Region Southwest. collection of information under the Distribution, or Use and has determined Vessels or persons violating this Paperwork Reduction Act (44 U.S.C. that it is not a ‘‘significant energy section would be subject to the penalties 3501–3520). action’’ under that order because it is set forth in 50 U.S.C. 192 and 18 U.S.C. Federalism not a ‘‘significant regulatory action’’ 3571: seizure and forfeiture of the under Executive Order 12866 and is not vessel, a monetary penalty of not more The Coast Guard has analyzed this likely to have a significant adverse effect than $250,000, and imprisonment for final rule under Executive Order 13132 on the supply, distribution, or use of not more than 10 years. and has determined that it does not energy. It has not been designated by the The U.S. Coast Guard may be assisted have implications for federalism. Administrator of the Office of in the patrol and enforcement of this Information and Regulatory Affairs as a Unfunded Mandates Reform Act security zone by the U.S. Navy. significant energy action. Therefore, it Discussion of Comments and Changes The Unfunded Mandates Reform Act does not require a Statement of Energy of 1995 (2 U.S.C. 1531–1538) governs Effects under Executive Order 13211. No comments were received during the issuance of Federal regulations that Environment the notice of proposed rulemaking’s require unfunded mandates. An comment period. unfunded mandate is a regulation that The Coast Guard considered the To reflect a naming change resulting requires State, local, or tribal environmental impact of this rule and from the Navy’s 1998 regionalization government or the private sector to concluded that under figure 2–1, process, the Coast Guard has made the incur direct costs without the Federal paragraph (34)(g) of Commandant following minor technical amendment Government’s having first provided the Instruction M16475.lD, this rule is to the final rule which did not appear funds to pay those costs. This final rule categorically excluded from further in the NPRM: In paragraph (b) of the does not impose an unfunded mandate. environmental documentation. This rule final rule, Commanding Officer, Naval creates a security zone inside an already Base San Diego has been re-named as Taking of Private Property existing restricted area and the physical the Commander, Navy Region This final rule will not effect a taking characteristics of the surrounding Southwest. Also, a phrase was added at of private property or otherwise have waters is not altered. A Categorical the end of the coordinates to clarify that taking implications under Executive Exclusion Determination and an the zone is enclosed. Order 12630, Governmental Actions and Environmental Analysis Checklist are Regulatory Evaluation Interference with Constitutionally available in the docket at the location Protected Property Rights. specified under the ADDRESSES portion This final rule is not a ‘‘significant of this rulemaking. regulatory action’’ under section 3(f) of Civil Justice Reform Executive Order 12866, Regulatory List of Subjects in 33 CFR Part 165 Planning and Review, and does not This final rule meets the applicable Harbors, Marine safety, Navigation require an assessment of potential costs standards in sections 3(a) and 3(b)(2) of (water), Reporting and record keeping and benefits under section 6(a)(3) of that Executive Order 12988, Civil Justice requirements, Security measures, Order. The Office of Management and Reform, to minimize litigation, Waterways. eliminate ambiguity, and reduce Budget has not reviewed it under that For the reasons discussed in the burden. Order. It is not ‘‘significant’’ under the preamble, the Coast Guard amends 33 regulatory policies and procedures of Protection of Children CFR part 165 as follows: the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). This The Coast Guard has analyzed this PART 165—REGULATED NAVIGATION rule will have minimal additional final rule under Executive Order 13045, AREAS AND LIMITED ACCESS AREAS impact on vessel traffic because it is Protection of Children from being created inside an already existing Environmental Health Risks and Safety 1. The authority citation for 33 CFR restricted area codified at 33 CFR Risks. This rule is not an economically part 165 continues to read as follows: 334.860. significant rule and does not create an Authority: 33 U.S.C. 1231; 50 U.S.C. 191, environmental risk to health or risk to 33 CFR 1.05–1(g) 6.04–1, 6.04–6, 160.5; 49 Small Entities safety that may disproportionately affect CFR 1.46. children. Under the Regulatory Flexibility Act 2. Add § 165.1120 to read as follows: (5 U.S.C. 601–612), we have considered Indian Tribal Governments whether this rule would have a § 165.1120 Security Zone; Naval significant economic impact on a This final rule does not have tribal Amphibious Base, San Diego, CA. substantial number of small entities. implications under Executive Order (a) Location. The following area is a The term ‘‘small entities’’ comprises 13175, Consultation and Coordination security zone: the waters of San Diego small businesses, not-for-profit with Indian Tribal Governments, Bay, enclosed by lines connecting the organizations that are independently because it does not have a substantial following points: Beginning at owned and operated and are not direct effect on one or more Indian 32°40′30.0″ N, 117°10′03.0″ W (Point A); dominant in their fields, and tribes, on the relationship between the thence running northeasterly to governmental jurisdictions with Federal Government and Indian tribes, 32°40′54.0″ N, 117°09′35.5″ W (Point B); populations of less than 50,000. or on the distribution of power and thence running northeasterly to The Coast Guard certifies under 5 responsibilities between the Federal 32°40′55.0″ N, 117°09′27.0″ W (Point C); U.S.C. 605(b) that this final rule will not Government and Indian tribes. thence running southeasterly to
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32°40′43.0″ N, 117°09′09.0″ W (Point D); Monday through Friday, except Federal implementing this final rule because the thence running southerly to 32°40′39.0″ holidays. attacks on the World Trade Center in N, 117°09′08.0″ (Point E); thence FOR FURTHER INFORMATION CONTACT: New York and the Pentagon in running southwesterly to 32°40′30.0″ N, Lieutenant Christopher Hochschild, Washington, DC caused the Coast Guard 117°09′12.9″ W (Point F); thence Vessel Traffic Management Section, and the Navy to re-examine the whole running a short distance to 32°40′29.0″ 11th Coast Guard District, telephone scheme of security zones contemplated N, 117°09′14.0″ W (Point G); thence (510) 437–2940; e-mail: for San Diego to ensure they adequately running southwesterly to 32°40′26.0″ N, [email protected]. met force protection and national 117°09′17.0″ W (Point H); thence defense needs. SUPPLEMENTARY INFORMATION: running northwesterly to the shoreline Background and Purpose to 32°40′ 31.0″ N, 117°09′ 22.5″ W (Point Regulatory History The Coast Guard is modifying the I), thence running along the shoreline to The Coast Guard published a notice of the beginning point. security zone, enlarging it to proposed rulemaking (NPRM) on May accommodate the home-porting of a (b) Regulations. In accordance with 15, 1998 (63 FR 27019). That NPRM the general regulations in § 165.33 of new aircraft carrier at Naval Base proposed to modify the Security Zone Coronado. There were previously only this part, entry into the area of this zone adjacent to Naval Air Station, North is prohibited unless authorized by the two aircraft carriers home-ported there; Island, 33 CFR 165.1104. No comments however, a third aircraft carrier has been Captain of the Port or the Commander, were received. Publication of the final Navy Region Southwest. designated to homeport at Naval Base rule was delayed because of the need for Coronado. (c) Enforcement. The U.S. Coast operational reassessment. Due to the Guard may be assisted in the patrol and The security zone will be expanded at length of time since publication of the its northwest tip to the west by 0.144 enforcement of this security zone by the NPRM, we published a supplemental square miles. It will be expanded in its U.S. Navy. notice of proposed rulemaking (SNPRM) mid-section to the north by 0.182 square Dated: December 17, 2001. on April 23, 2001 in the Federal miles. E.R. Riutta, Register (66 FR 20413) and provided an The Navy requires the modification Vice Admiral, Coast Guard, Commander, additional opportunity for comment on and expansion of this security zone to Eleventh Coast Guard District. this rulemaking. We did not receive any accommodate the home-porting of this [FR Doc. 02–2360 Filed 1–30–02; 8:45 am] letters commenting on the proposed third aircraft carrier. The expanded zone BILLING CODE 4910–15–P rule. No public hearing was requested, will prevent recreational and and none was held. Two months after commercial craft from interfering with the SNPRM was published, technical military operations involving all naval DEPARTMENT OF TRANSPORTATION amendments were made to Title 33 of vessels home-ported at Naval Base the Code of Federal Regulations, Coronado, and it will protect transiting Coast Guard including a redesignation of § 165.1105 recreational and commercial vessels, as 165.1104 (66 FR 33637, 33642, June and their respective crews, from the 33 CFR Part 165 25, 2001). navigational hazards posed by such In keeping with the requirements of 5 military operations. In addition, the [CGD11–98–003] U.S.C. 553(d)(3), the Coast Guard finds Navy has been reviewing all aspects of RIN 2115–AA97 that good cause exists for making this its anti-terrorism and force protection regulation effective immediately. The posture in response to the attack on the Security Zone; San Diego Bay, CA Coast Guard balanced the necessity for USS COLE. The attacks of September immediate implementation against the 11, 2001 and the heightened state of AGENCY: Coast Guard, DOT. principles of fundamental fairness military alert resulting therefrom add ACTION: Final rule. which require that all effected persons substantial urgency to the expansion of be afforded a reasonable time to prepare this security zone. The modification and SUMMARY: The Coast Guard is expanding for the effective date of the rule. In light the geographical boundaries of the expansion of this security zone will of the events of September 11, 2001, the help safeguard vessels and waterside permanent security zone at the newly- Coast Guard believes it is in the national named Naval Base Coronado, California. facilities from destruction, loss, or interest to immediately implement the injury from sabotage or other subversive This base was known as Naval Air rule to avoid any gap in security zone Station North Island, but the Navy has acts, accidents, or other causes of a coverage. The Coast Guard further similar nature. Entry into, transit recently changed its name. There were believes that it has provided the public previously only two aircraft carriers through, or anchoring within this adequate notice and time to adapt to the security zone is prohibited unless home-ported at Naval Base Coronado; security zone’s implementation through however, a third aircraft carrier has been authorized by the Captain of the Port, the original NPRM, the supplemental the Commander, Naval Air Force, U.S. designated to homeport there. The NPRM and the Navy’s placement of modification and expansion of this Pacific Fleet, the Commander, Navy small buoys marking the zone. In Region Southwest, or the Commanding security zone is needed to ensure the addition, the California Coastal physical protection of this third aircraft Officer, Naval Base Coronado. Commission, in its Coast Zone Vessels or persons violating this carrier at Naval Base Coronado. Management Act Determination of section would be subject to the penalties DATES: This rule becomes effective October 16, 2001 discussed the minimal set forth in 50 U.S.C. 192 and 18 U.S.C. December 17, 2001. impact the zone will have on the public: 3571: seizure and forfeiture of the ADDRESSES: Documents as indicated in ‘‘These areas [including the subject vessel, a monetary penalty of not more this preamble are available for security zone] are not typically used for than $250,000, and imprisonment for inspection or copying at the Coast recreational or commercial boating, and not more than 10 years. Guard Marine Safety Office, 2716 North the restrictions will not adversely affect The U.S. Coast Guard may be assisted Harbor Drive, San Diego, CA 92101– navigation or boating in San Diego Bay.’’ in the patrol and enforcement of this 1064 between 7:30 a.m. and 4 p.m., The Coast Guard was delayed slightly in security zone by the U.S. Navy.
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Discussion of Comments and Changes require unfunded mandates. An under figure 2–1, paragraph (34)(g) of No comments were received during unfunded mandate is a regulation that Commandant Instruction M16475.lD, the NPRM or SNPRM comment periods. requires State, local, or tribal this rule is categorically excluded from To reflect naming changes resulting government or the private sector to further environmental documentation. from the Navy’s 1998 regionalization incur direct costs without the Federal This rule is only a slight expansion of process, the Coast Guard has made the Government’s having first provided the an area which already has existing following minor technical amendments funds to pay those costs. restrictions, and it does not alter any physical state of the surrounding waters. that did not appear in the NPRM or Taking of Private Property SNPRM: In paragraph (a) of the final A Categorical Exclusion Determination rule, Naval Air Station North Island has This final rule will not effect a taking and an Environmental Analysis been re-named as Naval Base Coronado. of private property or otherwise have Checklist are available in the docket at In paragraph (b) of the final rule, the taking implications under Executive the location specified under the Commanding Officer, Naval Air Station Order 12630, Governmental Actions and ADDRESSES portion of this rulemaking. Interference with Constitutionally North Island has been re-named as List of Subjects in 33 CFR Part 165 Commanding Officer, Naval Base Protected Property Rights. Coronado. Civil Justice Reform Harbors, Marine safety, Navigation (water), Reporting and recordkeeping Regulatory Evaluation This final rule meets applicable requirements, Security measures, This rule is not a ‘‘significant standards in sections 3(a) and 3(b)(2) of Waterways. Executive Order 12988, Civil Justice regulatory action’’ under section 3(f) of For the reasons discussed in the Executive Order 12866, Regulatory Reform, to minimize litigation, eliminate ambiguity, and reduce preamble, the Coast Guard amends 33 Planning and Review, and does not CFR part 165 as follows: require an assessment of potential costs burden. and benefits under section 6(a)(3) of that Protection of Children PART 165—REGULATED NAVIGATION Order. The Office of Management and We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS Budget has not reviewed it under that Executive Order 13045, Protection of Order. It is not ‘‘significant’’ under the 1. The authority citation for 33 CFR Children from Environmental Health regulatory policies and procedures of part 165 continues to read as follows: Risks and Safety Risks. This rule is not the Department of Transportation (DOT) an economically significant rule and Authority: 33 U.S.C. 1231; 50 U.S.C. 191, (44 FR 11040, February 26, 1979). This does not create an environmental risk to 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 rule will have minimal additional CFR 1.46. health or risk to safety that may impact on vessel traffic because it is disproportionately affect children. 2. In § 165.1104, revise paragraph (a) only a slight modification and and (b) and add a new paragraph (c) to expansion of the existing security zone Indian Tribal Governments read as follows: codified at 33 CFR 165.1104. This final rule does not have tribal § 165.1104 Security Zone: San Diego Bay, Small Entities implications under Executive Order California. 13175, Consultation and Coordination Under the Regulatory Flexibility Act (a) Location. The following area is a (5 U.S.C. 601–612), we have considered with Indian Tribal Governments, because it does not have a substantial security zone: on the waters along the whether this rule would have a northern shoreline of Naval Base significant economic impact on a direct effect on one or more Indian tribes, on the relationship between the Coronado, the area enclosed by the substantial number of small entities. following points: Beginning at 32° The term ‘‘small entities’’ comprises Federal Government and Indian tribes, ′ ″ ° ′ ″ or on the distribution of power and 42 53.0 N, 117 11 45.0 W (Point A); small businesses, not-for-profit thence running northerly to 32° 42′ organizations that are independently responsibilities between the Federal ″ ° ′ ″ Government and Indian tribes. 55.5 N, 117 11 45.0 W (Point B); owned and operated and are not thence running easterly to 32°42′55.0″ dominant in their fields, and Energy Effects N, 117°11′30.5″ W (Point C); thence governmental jurisdictions with We have analyzed this rule under running southeasterly to 32°42′40.0″ N, populations of less than 50,000. Executive Order 13211, Actions 117°11′06.5″ W (Point D); thence The Coast Guard certifies under 5 running southerly to 32°42′37.5″ N, U.S.C. 605(b) that this rule will not have Concerning Regulations That Significantly Affect Energy Supply, 117°11′07.0″ W (Point E); thence a significant economic impact on a running southerly to 32°42′28.5″ N, substantial number of small entities. Distribution, or Use. We have determined that it is not a ‘‘significant 117°11′11.0″ W (Point F); thence Collection of Information energy action’’ under that order because running southeasterly to 32°42′22.0″ N, 117°10′48.0″ W (Point G); thence This rule calls for no new collection it is not a ‘‘significant regulatory action’’ running southerly to 32°42′13.0″ N, 117° of information under the Paperwork under Executive Order 12866 and is not 10′51.0″ W (Point H); thence running Reduction Act of (44 U.S.C. 3501–3520). likely to have a significant adverse effect on the supply, distribution, or use of generally northwesterly along the Federalism energy. It has not been designated by the shoreline of Naval Base Coronado to the The Coast Guard has analyzed this Administrator of the Office of place of beginning. final rule under Executive Order 13132 Information and Regulatory Affairs as a (b) Regulations. In accordance with and has determined that it does not significant energy action. Therefore, it the general regulations in § 165.33 of have implications for federalism. does not require a Statement of Energy this part, entry into the area of this zone Effects under Executive Order 13211. is prohibited unless authorized by the Unfunded Mandates Reform Act Captain of the Port, the Commander, The Unfunded Mandates Reform Act Environment Naval Air Force, U.S. Pacific Fleet, the of 1995 (2 U.S.C. 1531–1538) governs We considered the environmental Commander, Navy Region Southwest, or the issuance of Federal regulations that impact of this rule and concluded that the Commanding Officer, Naval Base
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Coronado. Section 165.33 also contains (66 FR 33637, 33642, June 25, 2001). in response to the attack on the USS other general requirements. The Coast Guard did not receive any COLE. (c) Enforcement. The U.S. Coast letters commenting on the proposed The attacks of September 11, 2001 Guard may be assisted in the patrol and rule. No public hearing was requested, and the heightened state of military alert enforcement of this security zone by the and none was held. resulting therefrom add substantial U.S. Navy. In keeping with the requirements of 5 urgency to the creation of this security Dated: December 17, 2001. U.S.C. 553(d)(3), the Coast Guard finds zone. The modification and expansion of this security zone will safeguard E.R. Riutta, that good cause exists for making this regulation effective immediately. The vessels and waterside facilities from Vice Admiral, Coast Guard, Commander, destruction, loss, or injury from Eleventh Coast Guard District. Coast Guard balanced the necessity for sabotage or other subversive acts, [FR Doc. 02–2359 Filed 1–30–02; 8:45 am] immediate implementation against the principles of fundamental fairness accidents, or other causes of a similar BILLING CODE 4910–15–U which require that all effected persons nature. Entry into, transit through, or be afforded a reasonable time to prepare anchoring within this security zone is prohibited unless authorized by the DEPARTMENT OF TRANSPORTATION for the effective date of the rule. In light of the events of September 11, 2001, the Captain of the Port or the Commander, Coast Guard Coast Guard believes it is in the national Navy Region Southwest. interest to immediately implement the Vessels or persons violating this 33 CFR Part 165 rule to avoid any gap in security zone section would be subject to the penalties coverage. set forth in 50 U.S.C. 192 and 18 U.S.C. [CGD11–01–010] The Coast Guard further believes that 3571: seizure and forfeiture of the RIN 2115–AA97 it has provided the public adequate vessel, a monetary penalty of not more notice and time to adapt to the security than $250,000, and imprisonment for Security Zone; San Diego Bay zone’s implementation through the not more than 10 years. The U.S. Coast Guard may be assisted AGENCY: Coast Guard, DOT. NPRM. In addition, the California Coastal Commission, in its Coast Zone in the patrol and enforcement of this ACTION: Final rule. Management Act Determination of security zone by the U.S. Navy. SUMMARY: The Coast Guard is expanding October 16, 2001 discussed the minimal Discussion of Comments and Changes impact the zone will have on the public: the geographical boundaries of the No comments were received during ‘‘These areas [including the subject permanent security zone at Naval Base, the NPRM comment period. San Diego, California, at the request of security zone] are not typically used for To reflect a naming change resulting the U.S. Navy. The proposed security recreational or commercial boating, and from the Navy’s 1998 regionalization zone will expand across the mouth of the restrictions will not adversely affect process, the Coast Guard has made the Chollas Creek. The modification and navigation or boating in San Diego Bay.’’ following minor technical amendment expansion of this security zone is The Coast Guard was delayed slightly to the final rule which did not appear needed to ensure the physical in implementing this final rule because in the NPRM: In paragraph (a) of the protection of naval vessels moored at the attacks on the World Trade Center final rule, Naval Station, San Diego has Naval Base, San Diego. in New York and the Pentagon in been re-named as Naval Base, San DATES: This rule becomes effective Washington, DC caused the Coast Guard Diego. In paragraph (b) of the final rule, December 17, 2001. and the Navy to re-examine the whole Commander, Naval Base San Diego has scheme of security zones contemplated ADDRESSES: been re-named as Commander, Navy Documents as indicated in for San Diego to ensure they adequately this preamble are available for Region Southwest. Also in paragraph met force protection and national (b), Commanding Officer, Naval Station, inspection or copying at the Coast defense needs. Guard Marine Safety Office, 2716 North San Diego has been deleted. Harbor Drive, San Diego, CA 92101– Background and Purpose Regulatory Evaluation 1064 between 7:30 a.m. and 4 p.m., The Coast Guard is modifying the This rule is not a ‘‘significant Monday through Friday, except Federal security zone, enlarging it by holidays. regulatory action’’ under section 3(f) of approximately 300 square yards to Executive Order 12866, Regulatory FOR FURTHER INFORMATION CONTACT: enclose the mouth of Chollas Creek so Planning and Review, and does not Lieutenant Christopher Hochschild, that unauthorized vessels or persons require an assessment of potential costs Vessel Traffic Management Section, cannot transit into Chollas Creek. and benefits under section 6(a)(3) of that 11th Coast Guard District, telephone The modification and expansion of Order. The Office of Management and (510) 437–2940; e-mail this security zone is needed to ensure Budget has not reviewed it under that [email protected]. the physical protection of naval vessels Order. It is not ‘‘significant’’ under the SUPPLEMENTARY INFORMATION: moored in the area. The modification regulatory policies and procedures of and expansion of this security zone will Regulatory History the Department of Transportation also prevent recreational and (DOT)(44 FR 11040, February 26, 1979). On April 23, 2001, the Coast Guard commercial craft from interfering with This rule will have minimal additional published a notice of proposed military operations involving all naval impact on vessel traffic because it is rulemaking (NPRM) entitled Security vessels home-ported at Naval Base, San only a slight modification and Zone; San Diego Bay in the Federal Diego and it will protect transiting expansion of the existing security zone Register (66 FR 20412) to amend recreational and commercial vessels, codified at 33 CFR 165.1102. § 165.1102 in Title 33 of the Code of and their respective crews, from the Federal Regulations (CFR). Two months navigational hazards posed by such Small Entities later, technical amendments were made military operations. The Navy has been Under the Regulatory Flexibility Act to Title 33 of the CFR, including a reviewing all aspects of its anti- (5 U.S.C. 601–612), we have considered redesignation of § 165.1102 as 165.1101 terrorism and force protection posture whether this rule would have a
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significant economic impact on a with Indian Tribal Governments, § 165.1101 Security Zone: San Diego Bay, substantial number of small entities. because it does not have a substantial California. The term ‘‘small entities’’ comprises direct effect on one or more Indian (a) Location. The following area is a small businesses, not-for-profit tribes, on the relationship between the security zone: the water area within organizations that are independently Federal Government and Indian tribes, Naval Base, San Diego enclosed by the owned and operated and are not or on the distribution of power and following points: Beginning at dominant in their fields, and responsibilities between the Federal 32°41′16.5″ N, 117°08′01″ W (Point A); governmental jurisdictions with Government and Indian tribes. thence running southwesterly to populations of less than 50,000. The 32°41′06″ N, 117°08′09.3″ W (Point B); Energy Effects Coast Guard certifies under 5 U.S.C. thence running southeasterly along the ° ′ ″ 605(b) that this rule will not have a We have analyzed this rule under U.S. Pierhead Line to 32 39 36.9 N, ° ′ ″ significant economic impact on a Executive Order 13211, Actions 117 07 23.5 W (Point C); thence ° ′ ″ substantial number of small entities. Concerning Regulations That running easterly to 32 39 38.5 N, 117°07′06.5″ W (Point D); thence Collection of Information Significantly Affect Energy Supply, Distribution, or Use. We have running generally northwesterly along This final rule calls for no new determined that it is not a ‘‘significant the shoreline of the Naval Base to the collection of information under the energy action’’ under that order because place of beginning. Paperwork Reduction Act (44 U.S.C. it is not a ‘‘significant regulatory action’’ (b) In accordance with the general 3501–3520). under Executive Order 12866 and is not regulations in § 165.33 of this part, entry into the area of this zone is prohibited Federalism likely to have a significant adverse effect on the supply, distribution, or use of unless authorized by the Captain of the The Coast Guard has analyzed this energy. It has not been designated by the Port or the Commander, Navy Region final rule under Executive Order 13132 Administrator of the Office of Southwest. Section 165.33 also contains and has determined that it does not Information and Regulatory Affairs as a other general requirements. have implications for federalism. significant energy action. Therefore, it (c) The U.S. Coast Guard may be Unfunded Mandates Reform Act does not require a Statement of Energy assisted in the patrol and enforcement of this security zone by the U.S. Navy. The Unfunded Mandates Reform Act Effects under Executive Order 13211. Dated: December 17, 2001. of 1995 (2 U.S.C. 1531–1538) governs Environment the issuance of Federal regulations that E.R. Riutta, require unfunded mandates. An We considered the environmental Vice Admiral, Coast Guard, Commander, unfunded mandate is a regulation that impact of this rule and concluded that Eleventh Coast Guard District. requires State, local, or tribal under figure 2–1, paragraph (34)(g) of [FR Doc. 02–2358 Filed 1–30–02; 8:45 am] government or the private sector to Commandant Instruction M16475.lD, BILLING CODE 4910–15–U incur direct costs without the Federal this rule is categorically excluded from Government’s having first provided the further environmental documentation. funds to pay those costs. This rule is only a slight expansion of DEPARTMENT OF TRANSPORTATION an area which already has the same Taking of Private Property restrictions discussed in the rule, and it Coast Guard This final rule will not affect a taking does not alter any physical state of the 33 CFR Part 165 of private property or otherwise have surrounding waters. A Categorical taking implications under Executive Exclusion Determination and an [COTP Charleston–01–128] Environmental Analysis Checklist are Order 12630, Governmental Actions and RIN 2115–AA97 Interference with Constitutionally available in the docket at the location Protected Property Rights. specified under the ADDRESSES portion Security Zones; Ports of Charleston of this rulemaking. Civil Justice Reform and Georgetown, SC This final rule meets the applicable List of Subjects in 33 CFR Part 165 AGENCY: Coast Guard, DOT. standards in sections 3(a) and 3(b)(2) of Harbors, Marine safety, Navigation ACTION: Temporary final rule. Executive Order 12988, Civil Justice (water), Reporting and recordkeeping SUMMARY: The Coast Guard is Reform, to minimize litigation, requirements, Security measures, establishing a temporary moving eliminate ambiguity, and reduce Waterways. burden. security zone 100 yards around all tank For the reasons discussed in the vessels, passenger vessels and military Protection of Children preamble, the Coast Guard amends 33 pre-positioned ships entering or The Coast Guard has analyzed this CFR part 165 as follows: departing the Ports of Charleston and final rule under Executive Order 13045, Georgetown, South Carolina. We are Protection of Children from PART 165—REGULATED NAVIGATION also establishing temporary fixed Environmental Health Risks and Safety AREAS AND LIMITED ACCESS AREAS security zones 100 yards around all tank Risks. This rule is not an economically vessels, passenger vessels and military significant rule and does not create an 1. The authority citation for 33 CFR pre-positioned ships when these vessels environmental risk to health or risk to Part 165 continues to read as follows: are moored in the Ports of Charleston safety that may disproportionately affect Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and Georgetown, South Carolina. These children. 33 CFR 1.05–1(g) 6.04–1, 6.04–6, and 160.5; security zones are needed for national 49 CFR 1.46. security reasons to protect the public Indian Tribal Governments and ports from potential subversive acts. This final rule does not have tribal 2. In § 165.1101, revise paragraphs (a) Entry into these zones is prohibited, implications under Executive Order and (b) and add a new paragraph (c) to unless specifically authorized by the 13175, Consultation and Coordination read as follows: Captain of the Port, Charleston, South
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Carolina or his designated position 32°39.36′ N, 79°40.54′ W. The provisions or options for compliance, representative. security zone for the Port of Georgetown please contact the person listed under DATES: This regulation is effective from is activated when a subject vessel passes FOR FURTHER INFORMATION CONTACT for the lighted whistle buoy WB, at assistance in understanding this rule. 4 a.m. on October 15, 2001 through ° ′ 11:59 p.m. on June 15, 2002. approximate position 33 11.36 N, Small businesses may send comments 79°05.12′ W. The zone for a vessel is on the actions of Federal employees ADDRESSES: Comments and material deactivated when the vessel passes who enforce, or otherwise determine received from the public, as well as these buoys on its departure from port. compliance with, Federal regulations to documents indicated in this preamble as The Captain of the Port will notify the the Small Business and Agriculture being available in the docket, are part of public via Marine Safety Radio Regulatory Enforcement Ombudsman [COTP Charleston 01–128] and are Broadcast on VHF Marine Band Radio, and the Regional Small each agency’s available for inspection or copying at Channel 22 (157.1 MHz) of all active responsiveness to small business. If you Marine Safety Office Charleston, 196 security zones in the ports by wish to comment on actions by Tradd Street, Charleston, S.C. 29401 identifying the names of the vessels employees of the Coast Guard, call 1– between 7:30 a.m. and 4 p.m. Monday around which the zones are centered. 888-REG-FAIR (1–888–734–3247). through Friday, except Federal holidays. Entry into these security zones is FOR FURTHER INFORMATION CONTACT: LT prohibited, unless specifically Collection of Information James V. Mahney, Coast Guard Marine authorized by the Captain of the This rule calls for no new collection Safety Office Charleston, at (843) 724– Charleston, South Carolina. of information requirements under the 7686. Paperwork Reduction Act (44 U.S.C. Regulatory Evaluation SUPPLEMENTARY INFORMATION: 3501–3520). This rule is not a significant Regulatory Information regulatory action under section 3(f) of Federalism We did not publish a notice of Executive Order 12866, Regulatory A rule has implication for federalism proposed rulemaking (NPRM) for this Planning and Review, and does not under Executive Order 13132, regulation. Under 5 U.S.C. 553(b)(B), the require an assessment of potential costs Federalism, if it has a substantial direct Coast Guard finds that good cause exists and benefits under section 6(a)(3) of that effect on State or local governments and for not publishing a NPRM. Publishing order. The Office of Management and would either preempt State law or a NPRM and delaying this rule’s Budget has not reviewed it under that impose a substantial direct cost of effective date would be contrary to the order. It is not significant under the compliance on them. We have analyzed public interest since immediate action is regulatory policies and procedures of this rule under that Order and have needed to protect the public, ports and the Department of Transportation (DOT) determined that it does not have waterways of the United States. The (44 FR 11040; February 26, 1979) implications for federalism. Coast Guard will issue a broadcast because vessels may be allowed to enter Unfunded Mandates Reform Act notice to mariners and place Coast this temporary zone on a case by case Guard vessels in the vicinity of these basis with the authorization of the The Unfunded Mandates Reform Act zones to advise mariners of the Captain of the Port. of 1995 (2 U.S.C. 1531–1538) requires restriction. Federal agencies to assess the effects of For the same reasons, under 5 U.S.C. Small Entities their discretionary regulatory actions. In 553(d)(3), the Coast Guard finds that Under the Regulatory Flexibility Act particular, the Act addresses actions good cause exists for making this rule (5 U.S.C. 601–612), the Coast Guard that may result in the expenditure by a effective less than 30 days after considered whether this rule would State, local, or tribal government, in the publication in the Federal Register. have a significant economic effect upon aggregate, or by the private sector of a substantial number of small entities. Background and Purpose $100,000,000 or more in any one year. ‘‘Small entities’’ include small Though this rule will not result in such Based on the September 11, 2001, businesses, not-for-profit organizations an expenditure, we do discuss the terrorist attacks on the World Trade that are independently owned and effects of this rule elsewhere in this Center buildings in New York and the operated and are not dominant in their preamble. Pentagon in Arlington, Virginia, there is fields, and governmental jurisdictions an increased risk that subversive with populations of less than 50,000. Taking of Private Property activity could be launched by vessels or The Coast Guard certifies under 5 This rule will not effect a taking of persons in close proximity to the Ports U.S.C. 605(b) that this rule will not have private property or otherwise have of Charleston and Georgetown, South a significant economic impact on a taking implications under Executive Carolina, against tank vessels, cruise substantial number of small entities Order 12630, Governmental Actions and ships and military pre-positioned because small entities may be allowed Interference with Constitutionally vessels entering, departing and moored to enter on a case by case basis with the Protected Property Rights. within these ports. Military pre- authorization of the Captain of the Port. positioned ships are U.S. commercial Civil Justice Reform ships on long-term charter to the Assistance for Small Entities This rule meets applicable standards Military Sealift Command. They are Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive utilized to transport military equipment Business Regulatory Enforcement Order 12988, Civil Justice Reform, to and cargo. There will be Coast Guard Fairness Act of 1996 (Public Law 104– minimize litigation, eliminate and local police department patrol 121), we offer to assist small entities in ambiguity, and reduce burden. vessels on scene to monitor traffic understanding the rule so that they can Environmental through these areas. better evaluate its effects on them and The security zone for the Port of participate in the rulemaking process. If The Coast Guard has considered the Charleston is activated when a subject the rule will affect your small business, environmental impact of this rule and vessel passes the Charleston entrance organization, or government jurisdiction will prepare a categorical exclusion lighted whistle buoy C, at approximate and you have questions concerning its determination pursuant to Figure 2–1,
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paragraph 34(g) of Commandant 100 yards around all tank vessels, FOR FURTHER INFORMATION CONTACT: Instruction M16475.1D. passenger vessels and military pre- Jamie Ploppert, Program Specialist, positioned ships during transits entering Office of Psychosocial Rehabilitation Protection of Children or departing the ports of Charleston and Services (116D), Veterans Health We have analyzed this rule under Georgetown, South Carolina. These Administration, 757–722–9961, ext. Executive Order 13045, Protection of security zones are activated when a 1123 (this is not a toll-free number). Children from Environmental Health subject vessel passes: Charleston SUPPLEMENTARY INFORMATION: On March Risks and Safety Risks. This rule is not entrance lighted whistle buoy C, at 6, 2001, VA published in the Federal an economically significant rule and approximate position 32°39.36′ N, Register a proposal to amend VA’s does not concern an environmental risk 79°40.54′ W when entering the Port of Medical regulations to establish to health or risk to safety that may Charleston; lighted whistle buoy WB, at provisions regarding housing under the disproportionately affect children. approximate position 33°11.36′ N, Compensated Work Therapy/ ° ′ Indian Tribal Governments 79 05.12 W when entering the Port of Transitional Residences program (66 FR Georgetown. 13461–63). No comments were received. This rule does not have tribal (2) Temporary fixed security zones are Based on the rationale set forth in the implications under Executive Order established 100 yards around all tank proposed rule, we are adopting the 13175, Consultation and Coordination vessels, passenger vessels and military provisions of the proposed rule as a with Indian Tribal Governments, pre-positioned ships docked in the Ports final rule, with one change regarding the because it does not have a substantial of Charleston and Georgetown, South requirements for a house manager. direct effect on one or more Indian Carolina. Under the proposed rule, a house tribes, on the relationships between the (b) Regulations. In accordance with manager was required to be a without- Federal Government and Indian tribes, the general regulations in § 165.33 of compensation employee of VA. or on the distribution of power and this part, entry into this zone is However, upon further reflection, VA responsibilities between the Federal prohibited except as authorized by the has determined that it is not necessary Government and Indian tribes. Captain of the Port, or a Coast Guard that each house manager be appointed Energy Effects commissioned, warrant, or petty officer as a without-compensation employee. designated by him. The Captain of the Accordingly, this provision is removed. We have analyzed this rule under Port will notify the public via Marine Executive Order 13211, Actions Safety Radio Broadcast on VHF Marine OMB Review Concerning Regulations That Band Radio, Channel 13 and 16 (157.1 This document has been reviewed by Significantly Affect Energy Supply, MHz) of all active security zones in port the Office of Management and Budget Distribution, or use. We have by identifying the names of the vessels under Executive Order 12866. determined that it is not a ‘‘significant around which they are centered. Paperwork Reduction Act energy action’’ under Executive Order (c) Dates. This section becomes 12866 and is not likely to have a effective at 4 a.m. on October 15, 2001 This document contains no provisions significant adverse effect on the supply, and will terminate at 11:59 p.m. on June constituting a collection of information distribution, or use of energy. It has not 15, 2002. under the Paperwork Reduction Act (44 been designated by the Administrator of U.S.C. 3501–3520). Dated: October 15, 2001. the Office of Information and Regulatory Regulatory Flexibility Act Affairs as a significant energy action. G.W. Merrick, Therefore, it does not require a Commander, Coast Guard, Captain of the The Secretary hereby certifies that the Statement of Energy Effects under Port. adoption of this final rule does not have Executive Order 13211. [FR Doc. 02–2357 Filed 1–30–02; 8:45 am] a significant economic impact on a BILLING CODE 4910–15–U substantial number of small entities as List of Subjects in 33 CFR Part 165 they are defined in the Regulatory Harbors, Marine safety, Navigation Flexibility Act, 5 U.S.C. 601–612. This (water), Reports and recordkeeping DEPARTMENT OF VETERANS document affects individuals and does requirements, Security measures, AFFAIRS not affect small entities. Therefore, Waterways. pursuant to 5 U.S.C. 605(b), this final For the reasons discussed in the 38 CFR Part 17 rule is exempt from the initial and final preamble, the Coast Guard amends 33 RIN 2900–AK01 regulatory flexibility analysis CFR part 165, as follows: requirement of sections 603 and 604. Compensated Work Therapy/ List of Subjects in 38 CFR Part 17 PART 165—REGULATED NAVIGATION Transitional Residences Program AREAS AND LIMITED ACCESS AREAS Administrative practice and AGENCY: Department of Veterans Affairs. procedure, Alcohol abuse, Alcoholism, 1. The authority citation for part 165 ACTION: Final rule. Claims, Day care, Dental health, Drug continues to read as follows: abuse, Foreign relations, Government SUMMARY: This document amends VA’s contracts, Grant programs-health, Authority: 33 U.S.C. 1231; 50 U.S.C. 191, medical regulations to establish 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 Government programs-veterans, Health CFR 1.46. provisions regarding housing under the care, Health facilities, Health Compensated Work Therapy/ professions, Health records, Homeless, 2. A new temporary § 165.T07–128 is Transitional Residences program. These added to read as follows: Medical and dental schools, Medical provisions are designed to ensure devices, Medical research, Mental § 165.T07–128 Security Zone; Ports of proper management, ensure reasonable health programs, Nursing home care, Charleston and Georgetown, South payment rates for residents, and ensure Philippines, Reporting and Carolina. that residents stay only for the time recordkeeping requirements, (a) Regulated area. (1) Temporary necessary to meet the intended goals. Scholarships and fellowships, Travel moving security zones are established DATES: Effective Date: January 31, 2002. and transportation expenses, Veterans.
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Approved: November 13, 2001. average, pay more than 30 percent of ADDRESSES: SIP materials which are Anthony J. Principi, their gross CWT (Compensated Work incorporated by reference into 40 CFR Secretary of Veterans Affairs. Therapy) bi-weekly earnings. The VA part 52 are available for inspection at For the reasons set forth in the program manager shall, bi-annually, the following locations: Environmental preamble, 38 CFR part 17 is amended to conduct a review of the factors in this Protection Agency, Region 4, 61 Forsyth read as follows: paragraph for determining resident Street, SW, Atlanta, GA 30303; Office of payments. If he or she determines that Air and Radiation Docket and PART 17—MEDICAL the payments are too high or too low by Information Center, Air Docket (Mail more than 5 percent of the total Code 6102), 401 M Street., SW., 1. The authority citation for part 17 operating budget, he or she shall Washington, DC. 20460, and Office of continues to read as follows: recalculate resident payments under the the Federal Register, 800 North Capitol Authority: 38 U.S.C. 501, 1721, unless criteria set forth in this paragraph, Street, NW, Suite 700, Washington, DC. otherwise noted. except that the calculations shall be FOR FURTHER INFORMATION CONTACT: Mr. 2. Redesignate § 17.49 as new § 17.48. based on the current fiscal year (actual Sean Lakeman at the above Region 4 3. Add a new § 17.49 to read as amounts for the elapsed portion and address or at (404) 562–9043. follows: projected amounts for the remainder). SUPPLEMENTARY INFORMATION: The SIP is (2) If the revenues of a residence do a living document which the State can § 17.49 Compensated Work Therapy/ not meet the expenses of the residence revise as necessary to address the Transitional Residences program. resulting in an inability to pay actual unique air pollution problems in the (a) This section sets forth operating expenses, the medical center state. Therefore, EPA from time to time requirements for persons residing in of jurisdiction shall provide the funds must take action on SIP revisions housing under the Compensated Work necessary to return the residence to containing new and/or revised Therapy/Transitional Residences fiscal solvency in accordance with the regulations as being part of the SIP. On program. provisions of this section. (b) House managers shall be (e) The length of stay in housing May 22, 1997, (62 FR 27968) EPA responsible for coordinating and under the Compensated Work Therapy/ revised the procedures for incorporating supervising the day-to-day operations of Transitional Residences program is by reference Federally-approved SIPs, as the facilities. The local VA program based on the individual needs of each a result of consultations between EPA coordinator shall select each house resident, as determined by consensus of and OFR. The description of the revised manager and may give preference to an the resident and his/her VA Clinical SIP document, IBR procedures and individual who is a current or past Treatment team. However, the length of ‘‘Identification of plan’’ format are resident of the facility or the program. stay should not exceed 12 months. discussed in further detail in the May 22, 1997, Federal Register document. A house manager must have the (Authority: 38 U.S.C.1772) following qualifications: On December 22, 1998, EPA published (1) A stable, responsible and caring [FR Doc. 02–2364 Filed 1–30–02; 8:45 am] a document in the Federal Register (63 demeanor; BILLING CODE 8320–01–P FR 70669) beginning the new IBR (2) Leadership qualities including the procedure for Alabama. In this ability to motivate; document EPA is doing the first update (3) Effective communication skills ENVIRONMENTAL PROTECTION to the material being IBRed. including the ability to interact; AGENCY EPA has determined that today’s rule (4) A willingness to accept feedback; falls under the ‘‘good cause’’ exemption (5) A willingness to follow a chain of 40 CFR Part 52 in section 553(b)(3)(B) of the Administrative Procedures Act (APA) command. [AL–200213; FRL–7131–5] (c) Each resident admitted to the which, upon finding ‘‘good cause,’’ Transitional Residence, except for a Approval and Promulgation of Air authorizes agencies to dispense with house manager, must also be in the Quality Implementation Plans; public participation and section Compensated Work Therapy program. Alabama Update to Materials 553(d)(3) which allows an agency to (d) Each resident, except for a house Incorporated by Reference make a rule effective immediately manager, must bi-weekly, in advance, (thereby avoiding the 30-day delayed pay a fee to VA for living in the housing. AGENCY: Environmental Protection effective date otherwise provided for in The local VA program coordinator will Agency (EPA). the APA). Today’s rule simply codifies establish the fee for each resident in ACTION: Final rule; notice of provisions which are already in effect as accordance with the provisions of administrative change. a matter of law in Federal and approved paragraph (d)(1) of this section. State programs. Under section 553 of the SUMMARY: (1) The total amount of actual EPA is updating the materials APA, an agency may find good cause operating expenses of the residence submitted by Alabama that are where procedures are ‘‘impractical, (utilities, maintenance, furnishings, incorporated by reference (IBR) into the unnecessary, or contrary to the public appliances, service equipment, all other State implementation plan (SIP). The interest.’’ Public comment is operating costs) for the previous fiscal regulations affected by this update have ‘‘unnecessary’’ and ‘‘contrary to the year plus 15 percent of that amount been previously submitted by the State public interest’’ since the codification equals the total operating budget for the agency and approved by EPA. This only reflects existing law. Immediate current fiscal year. The total operating update affects the SIP materials that are notice in the CFR benefits the public by budget is to be divided by the average available for public inspection at the updating citations. number of beds occupied during the Office of the Federal Register (OFR), previous fiscal year and the resulting Office of Air and Radiation Docket and I. Administrative Requirements amount is the average yearly amount per Information Center, and the Regional Under Executive Order 12866 (58 FR bed. The bi-weekly fee shall equal 1/ Office. 51735, October 4, 1993), this action is 26th of the average yearly amount per EFFECTIVE DATE: This action is effective not a ‘‘significant regulatory action’’ and bed, except that a resident shall not, on January 31, 2002. therefore is not subject to review by the
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Office of Management and Budget. For the Clean Air Act. Thus, the Subpart B—Alabama this reason, this action is also not requirements of section 12(d) of the subject to Executive Order 13211, National Technology Transfer and 2. Section 52.50 is amended by ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. revising paragraph (b) to read as follows: Significantly Affect Energy Supply, 272 note) do not apply. This rule does § 52.50 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 * * * * * state law as meeting Federal Paperwork Reduction Act of 1995 (44 (b) Incorporation by reference. requirements and imposes no additional U.S.C. 3501 et seq.). (1) Material listed in paragraphs (c) and (d) of this section with an EPA requirements beyond those imposed by The Congressional Review Act, 5 state law. Accordingly, the approval date prior to January 1, 2002, U.S.C. 801 et seq., as added by the Small was approved for incorporation by Administrator certifies that this rule Business Regulatory Enforcement will not have a significant economic reference by the Director of the Federal Fairness Act of 1996, generally provides Register in accordance with 5 U.S.C. impact on a substantial number of small that before a rule may take effect, the entities under the Regulatory Flexibility 552(a) and 1 CFR part 51. Material is agency promulgating the rule must Act (5 U.S.C. 601 et seq.). Because this incorporated as it exists on the date of submit a rule report, which includes a rule approves pre-existing requirements the approval, and notice of any change copy of the rule, to each House of the under state law and does not impose in the material will be published in the Congress and to the Comptroller General any additional enforceable duty beyond Federal Register. Entries in paragraphs of the United States. EPA will submit a that required by state law, it does not (c) and (d) of this section with EPA report containing this rule and other contain any unfunded mandate or approval dates on or after January 1, required information to the U.S. Senate, significantly or uniquely affect small 2002, will be incorporated by reference the U.S. House of Representatives, and governments, as described in the in the next update to the SIP the Comptroller General of the United Unfunded Mandates Reform Act of 1995 compilation. (Public Law 104–4). States prior to publication of the rule in (2) EPA Region 4 certifies that the This rule also does not have tribal the Federal Register. A major rule rules/regulations provided by EPA in implications because it will not have a cannot take effect until 60 days after it the SIP compilation at the addresses in substantial direct effect on one or more is published in the Federal Register. paragraph (b)(3) of this section are an Indian tribes, on the relationship This action is not a ‘‘major rule’’ as exact duplicate of the officially between the Federal Government and defined by 5 U.S.C. 804(2). promulgated State rules/regulations Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean which have been approved as part of the power and responsibilities between the Air Act, petitions for judicial review of State implementation plan as of January Federal Government and Indian tribes, this action must be filed in the United 1, 2002. as specified by Executive Order 13175 States Court of Appeals for the (3) Copies of the materials (65 FR 67249, November 9, 2000). This appropriate circuit by April 1, 2002. incorporated by reference may be action also does not have Federalism Filing a petition for reconsideration by inspected at the Region 4 EPA Office at implications because it does not have the Administrator of this final rule does 61 Forsyth Street, SW., Atlanta, GA substantial direct effects on the States, not affect the finality of this rule for the 30303; the Office of the Federal Register, on the relationship between the national purposes of judicial review nor does it 800 North Capitol Street, NW., Suite government and the States, or on the extend the time within which a petition 700, Washington, DC.; or at the EPA, Air distribution of power and for judicial review may be filed, and and Radiation Docket and Information responsibilities among the various shall not postpone the effectiveness of Center, Air Docket (Mail Code 6102), levels of government, as specified in such rule or action. This action may not 401 M Street., SW., Washington, DC. Executive Order 13132 (64 FR 43255, be challenged later in proceedings to 20460. August 10, 1999). This action merely enforce its requirements. (See section * * * * * approves a state rule implementing a 307(b)(2).) [FR Doc. 02–2381 Filed 1–30–02; 8:45 am] Federal standard, and does not alter the BILLING CODE 6560–50–P relationship or the distribution of power List of Subjects in 40 CFR Part 52 and responsibilities established in the Environmental protection, Air Clean Air Act. This rule also is not pollution control, Carbon monoxide, ENVIRONMENTAL PROTECTION subject to Executive Order 13045 Hydrocarbons, Incorporation by AGENCY ‘‘Protection of Children from reference, Intergovernmental relations, Environmental Health Risks and Safety Lead, Nitrogen dioxide, Ozone, 40 CFR Part 52 Risks’’ (62 FR 19885, April 23, 1997), Particulate matter, Reporting and because it is not economically [OH 103–1a; FRL–7114–1] recordkeeping requirements, Sulfur significant. oxides. Approval and Promulgation of In reviewing SIP submissions, EPA’s Implementation Plans; Ohio role is to approve state choices, Dated: January 11, 2002. provided that they meet the criteria of A. Stanley Meiburg, AGENCY: Environmental Protection the Clean Air Act. In this context, in the Acting Regional Administrator, Region 4. Agency (EPA). absence of a prior existing requirement ACTION: Direct final rule. for the State to use voluntary consensus Chapter I, title 40, Code of Federal standards (VCS), EPA has no authority Regulations, is amended as follows: SUMMARY: On March 20, 2000, Ohio to disapprove a SIP submission for submitted certain revisions to the State failure to use VCS. It would thus be PART 52—[AMENDED] Implementation Plan (SIP) for sulfur inconsistent with applicable law for dioxide (SO2) for several Ohio counties. EPA, when it reviews a SIP submission, 1. The authority for citation for part Today, EPA is rulemaking on portions to use VCS in place of a SIP submission 52 continues to read as follows: of this submittal which were not that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401 et seq. addressed in a June 5, 2000, rulemaking
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(see 65 FR 35577). In today’s action, Lorain county portions of this submittal not all, of the rest of the County. EPA is approving revised emission on June 5, 2000 (65 FR 35577). Today Consequently, EPA is approving the full limits for sources in Butler, Pickaway, EPA is taking action on the remaining set of rules Ohio submitted for Butler and Lake Counties. In addition, EPA is elements of the March 20, 2000 County on the basis of their effect of approving selected parts of the State’s submittal. The rules that EPA is strengthening the SIP’s protection rules for compliance schedules and test addressing are listed in the following against NAAQS violations. methods. In conjunction with these table. 2. Pickaway County (OAC 3745–18–71) actions, EPA is rescinding federally promulgated SO2 emission limits for TABLE 1.—RULES BEING ADDRESSED The TSD explains the history of SO2 Butler, Lorain, Coshocton, Gallia, and IN THIS ACTION modeling conducted to assess the Lake Counties, since these limitations impact in Pickaway County of new have been superseded by approved State State rule Rule subject sources in southern Franklin County. As limits. a result of the modeling, Ohio adopted OAC 3745–18–15 ..... Butler County. a lower emission limit for boilers at the DATES: This ‘‘direct final’’ rule is OAC 3745–18–71 ..... Pickaway County. Picway Generating Plant. Ohio changed effective on April 1, 2002, unless EPA OAC 3745–18–49 ..... Lake County. the allowable emission limit for the receives adverse written comments by OAC 3745–18–03 ..... Compliance Time Columbus Southern Power Company, March 4, 2002. If EPA receives adverse Schedules. Picway Generating Plant boiler numbers written comments, EPA will publish a OAC 3745–18–04 ..... Measurement Meth- 7, 8, and 9 from 9.9 to 5.6 pounds of the timely withdrawal of the rule in the ods and Proce- sulfur dioxide per Million British Federal Register and will inform the dures. Thermal Unit (MM BTU) actual heat public that the rule will not take effect. 40 CFR 52.1881(b) ... Removal of Super- seded Parts of the input for each boiler. EPA reviewed the ADDRESSES: You may send written FIP. modeling and concurred that an comments to: J. Elmer Bortzer, Chief, emission limit of 5.6 pounds of sulfur Regulation Development Section, Air EPA has prepared a technical support dioxide per MM BTU is adequate to Programs Branch (AR–18J), document (TSD) dated September 5, meet the NAAQS. EPA, therefore, Environmental Protection Agency, 77 2001 discussing these rules, providing approves this rule revision. West Jackson Boulevard, Chicago, the history of related rulemaking and a 3. Lake County (OAC 3745–18–49) Illinois 60604. more detailed analysis of the State’s Copies of the revision request are submittal. The TSD describes the history of SO2 available for inspection at the following emission limits in Lake County. This address: Environmental Protection II. Summary and Analysis of the State history includes the approval of State- Agency, Region 5, Air and Radiation Rules adopted limits which were covered in Division, 77 West Jackson Boulevard, 1. Butler County (OAC 3745–18–15) the March 17, 1999 rulemaking (64 FR Chicago, Illinois 60604. (We recommend 13071). The TSD also discusses the that you telephone Phuong Nguyen, The TSD describes the history of SO2 lawsuit involved with the Painesville Environmental Scientist, at (312) 886– limitations in Butler County. This Municipal Plant. This lawsuit 6701 before visiting the Region 5 office.) history includes federal promulgation of concluded with a consent decree which FOR FURTHER INFORMATION CONTACT: limits and the rescission of most of required Painesville to physically Phuong Nguyen at (312) 886–6701. these limits, as well as a State submittal modify the unit to derate its capacity to of comparable rules that EPA SUPPLEMENTARY INFORMATION: below the new source performance disapproved. The recent State submittal Throughout this document wherever standards (NSPS) threshold (250 is intended to fill the gap in federally ‘‘we’’ ‘‘us’’ or ‘‘our’’ are used we mean MMBTU per hour). The consent decree enforceable rules. The TSD also EPA. This supplemental information also established an interim limit of 4.7 describes modeling conducted by Ohio section is organized as follows: pounds per MM BTU and called for EPA to assess the impact of the Butler I. What rules are EPA addressing today? establishment of a final limit pursuant county revisions. II. Summary and analysis of the state to modeling. rules. EPA analyzed the State’s submittal by EPA has previously approved 1. Butler County (OAC 3745–18–15) comparing it with existing federally modeling for this area of Lake County. 2. Pickaway County (OAC 3745–18– enforceable limits. Due to historical rule The modeling showed attainment based, 71) rescissions, existing federally in part, on a limit of 5.7 pounds per MM 3. Lake County (OAC 3745–18–49) enforceable limits still apply to only a BTU for all units at the Painesville 4. Compliance Time Schedules (OAC few relatively insignificant sources in Municipal Plant. EPA previously 3745–18–03) the County. By contrast, Ohio’s new approved application of this limit to 5. Measurement Methods and limits establish source-specific limits for other boilers at the Painesville Procedures (OAC 3745–18–04) the full range of significant sources in Municipal Plant besides boiler number III. Federal Implementation Plan (FIP) the County. For some sources, the new 5. EPA is relying on that same modeling replacement. limits are slightly less stringent. as a basis for approving the same limit IV. What action is EPA taking? However, these sources are relatively for boiler number 5. 1. Action on State rules. insignificant in comparison to the 4. Compliance Time Schedules (OAC 2. Action on Federal Implementation sources that now have limits and were 3745–18–03) Plan (FIP). previously unregulated. EPA expects the V. Administrative requirements. tightening effect of establishing limits Rule OAC 3745–18–03 addresses the on the most significant sources will far compliance time and schedules for I. What Rules Are EPA Addressing outweigh the slight relaxation in limits sources in the entire State of Ohio. The Today? for some sources, particularly in the TSD explains in detail why EPA did not On March 20, 2000, Ohio submitted areas most likely to observe exceedances rulemake on the entire 1979 version of several revised SO2 rules to EPA. EPA of the National Ambient Air Quality this rule in January 27, 1981 (46 FR approved the Coshocton, Gallia, and Standards (NAAQS) but also in most, if 8482).
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In today’s action, EPA is approving III. FIP Replacement Risks (62 FR 19885, April 23, 1997), the overall compliance deadline for Several of the FIP limits that EPA applies to any rule that: (1) Is Butler County (OAC 3745–18– promulgated in 1976 have become determined to be ‘‘economically 03(A)(2)(d)) as well as certification and superseded by approval of significant’’ as defined under Executive permit application requirements for corresponding state rules. EPA Order 12866, and (2) concerns an sources in Butler County (OAC 3745– approved State adopted emission limits environmental health or safety risk that 18–03(B)(8)). EPA is also approving the for Lorain, Coshocton, and Gallia on EPA has reason to believe may have a compliance time schedules for sources June 5, 2000 (65 FR 35577), and for Lake disproportionate effect on children. If in both Butler County (3745–18– County on March 30, 1998 (63 FR the regulatory action meets both criteria, 03(C)(6)), and Pickaway County (3745– 15091). In this action, EPA is approving the Agency must evaluate the 18–03(C)(10)). the emission limits for Butler County. environmental health or safety effects of In a previous rulemaking approving These state-adopted emission limits the planned rule on children, and the Lorain County limits, EPA supersede the FIP limits. Therefore, EPA explain why the planned regulation is inadvertently failed to approve the rescinds the federal promulgated preferable to other potentially effective and reasonably feasible alternatives associated compliance provisions, in emission limitations for SO2 for Butler, particular, the certification and permit Lorain, Coshocton, Gallia, and Lake considered by the Agency. application requirements for U.S. Steel Counties since the FIP limits are no This rule is not subject to Executive Corporation in Lorain County (OAC longer needed. Order 13045 because it does not involve 3745–18–03(B)(4)). EPA is approving decisions intended to mitigate these provisions today. IV. What Action Is EPA Taking? environmental health or safety risks. 5. Measurement Methods and A. Action on State Rules C. Executive Order 13132 Procedures (OAC 3745–18–04) In this action, EPA is approving the Federalism (64 FR 43255, August 10, emission limits for specific sources in 1999) revokes and replaces Executive Rule OAC 3745–18–04 addresses the Butler (OAC 3745–18–15), Pickaway Orders 12612 (Federalism) and 12875 measurement methods and procedures (OAC 3745–18–71), and Lake (OAC (Enhancing the Intergovernmental for sources in the entire State of Ohio. 3745–1849) Counties. In addition, EPA Partnership). Executive Order 13132 The TSD describes the history and is approving the overall compliance requires EPA to develop an accountable provides a more detailed review of these deadlines, certification and permit process to ensure ‘‘meaningful and rule revisions. application, and compliance time timely input by State and local officials In today’s action, EPA approves the schedule for Butler (OAC 3745–18– in the development of regulatory test methods and procedures for sources 03(A)(2)(d), OAC 3745–18–03(B)(8), and policies that have federalism in Butler County (OAC 3745–18– OAC 3745–18–03 (C)(6)), Pickaway implications.’’ ‘‘Policies that have 04(D)(9)). The rule allows sources which Counties (OAC 3745–18–03(C)(10)). federalism implications’’ is defined in are burning coal in Butler County to be EPA is also approving the certification the Executive Order to include able to use stack tests, continuous and permit application for U.S. Steel regulations that have ‘‘substantial direct emission monitoring, or coal sampling Corporation in Lorain County (OAC effects on the States, on the relationship and analysis as the methods for 3745–18–03(B)(4)). between the national government and determining compliance with the Finally, EPA is approving the test the States, or on the distribution of applicable SO2 emission limits. EPA methods and procedures for sources in power and responsibilities among the also approves paragraph OAC 3745–18– Butler County (OAC 3745–18–04 (D)(9), various levels of government.’’ Under 04(E)(7) which specifies the test OAC 3745–18–04(D)(8), OAC 3745–18– Executive Order 13132, EPA may not methods and procedures for 04(E)(7)). EPA is also approving a issue a regulation that has federalism determining compliance with the change in the sulfur to sulfur-dioxide implications, that imposes substantial applicable SO2 limits for any boiler conversion factor used in Hamilton direct compliance costs, and that is not burning fuel other than coal in Butler County (OAC 3745–18–04–(F)(1)), as required by statute, unless the Federal County. well as a change in the sulfur content government provides the funds In addition, Ohio changed paragraphs used to define a de minimis exemption necessary to pay the direct compliance (D)(7), (D)(8), and (G) for sources in for natural gas (OAC 3745–18–04(F)(4)). costs incurred by State and local Hamilton County, which EPA had governments, or EPA consults with B. Action on FIP approved in 1994 (59 FR 43287). The State and local officials early in the revised rule OAC 3745–18–04 changes a EPA is rescinding the federal process of developing the proposed conversion factor in the emission rate promulgated emission limits for SO2 regulation. EPA also may not issue a calculation for solid fuel in Hamilton sources in Butler, Lorain, Coshocton, regulation that has federalism County from 1.95 to 1.9. Hamilton Gallia, and Lake Counties codified at 40 implications and that preempts State County sources would now apply the CFR 52.1881(b)(12),(14),(17),(18), and law unless the Agency consults with same conversion factor as other sources (20), respectively. State and local officials early in the in the State. EPA believes this is an V. Administrative Requirements process of developing the proposed appropriate revision to the SIP. regulation. Finally, EPA is approving an A. Executive Order 12866 This rule will not have substantial amendment in OAC 3745–18–04(F)(4). The Office of Management and Budget direct effects on the States, on the The amendment increases the cut point (OMB) has exempted this regulatory relationship between the national from 0.5 to 0.6 pounds of SO2 per action from Executive Order 12866, government and the States, or on the million standard cubic feet in natural entitled ‘‘Regulatory Planning and distribution of power and gas that has a heat content greater than Review.’’ responsibilities among the various 950 BTU per standard cubic feet. EPA levels of government, as specified in believes that such an emissions increase B. Executive Order 13045 Executive Order 13132, because it is insignificant; therefore, we approve Protection of Children from merely approves a state rule this revision. Environmental Health Risks and Safety implementing a federal standard, and
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does not alter the relationship or the into law on March 22, 1995, EPA must would be inconsistent with applicable distribution of power and prepare a budgetary impact statement to law or otherwise impractical. responsibilities established in the Clean accompany any proposed or final rule The EPA believes that VCS are Air Act. Thus, the requirements of that includes a Federal mandate that inapplicable to this action. Today’s section 6 of the Executive Order do not may result in estimated costs to State, action does not require the public to apply to this rule. local, or tribal governments in the perform activities conducive to the use aggregate; or to the private sector, of of VCS. D. Executive Order 13175 $100 million or more. Under section This final rule does not have tribal 205, EPA must select the most cost- J. Petitions for Judicial Review implications. It will not have substantial effective and least burdensome Under section 307(b)(1) of the Clean direct effects on tribal governments, on alternative that achieves the objectives Air Act, petitions for judicial review of the relationship between the Federal of the rule and is consistent with this action must be filed in the United government and Indian tribes, or on the statutory requirements. Section 203 States Court of Appeals for the distribution of power and requires EPA to establish a plan for appropriate circuit by April 1, 2002. responsibilities between the Federal informing and advising any small Filing a petition for reconsideration by government and Indian tribes, as governments that may be significantly the Administrator of this final rule does specified in Executive Order 13175. or uniquely impacted by the rule. not affect the finality of this rule for the Thus, Executive Order 13175 does not EPA has determined that the approval purposes of judicial review nor does it apply to this rule. action promulgated does not include a extend the time within which a petition Federal mandate that may result in E. Executive Order 13211 for judicial review may be filed, and estimated costs of $100 million or more shall not postpone the effectiveness of This rule is not subject to Executive to either State, local, or tribal such rule or action. This action may not Order 13211, ‘‘Actions Concerning governments in the aggregate, or to the be challenged later in proceedings to Regulations That Significantly Affect private sector. This Federal action enforce its requirements. (See section Energy Supply, Distribution, or use’’ (66 approves pre-existing requirements 307(b)(2).) FR 28355, May 22, 2001) because it is under State or local law, and imposes not a significant regulation action under no new requirements. Accordingly, no List of Subjects in 40 CFR Part 52 Executive Order 12866. additional costs to State, local, or tribal Environmental protection, Air governments, or to the private sector, F. Regulatory Flexibility pollution control, Incorporation by result from this action. reference, Intergovernmental relations, The Regulatory Flexibility Act (RFA) Reporting and recordkeeping, Sulfur generally requires an agency to conduct H. Submission to Congress and the dioxide. a regulatory flexibility analysis of any Comptroller General rule subject to notice and comment The Congressional Review Act, 5 Dated: November 29, 2001. rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small Christine Todd Whitman, agency certifies that the rule will not Business Regulatory Enforcement Administrator. have a significant economic impact on Fairness Act of 1996, generally provides For the reasons stated in the a substantial number of small entities. that before a rule may take effect, the preamble, part 52, chapter I, title 40 of Small entities include small businesses, agency promulgating the rule must the Code of Federal Regulations are small not-for-profit enterprises, and submit a rule report, which includes a amended as follows: small governmental jurisdictions. copy of the rule, to each House of the This rule will not have a significant Congress and to the Comptroller General PART 52—[AMENDED] impact on a substantial number of small of the United States. EPA will submit a entities because SIP approvals under report containing this rule and other 1. The authority citation for part 52 section 110 and subchapter I, part D of required information to the U.S. Senate, continues to read as follows: the Clean Air Act do not create any new the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq. requirements but simply approve the Comptroller General of the United requirements that the State is already States prior to publication of the rule in Subpart KK—Ohio imposing. Therefore, because the the Federal Register. A major rule Federal SIP approval does not create cannot take effect until 60 days after it 2. Section 52.1870 is amended by any new requirements, I certify that this is published in the Federal Register. adding paragraph (c)(125) to read as action will not have a significant This action is not a ‘‘major rule’’ as follows: economic impact on a substantial defined by 5 U.S.C. 804(2). This rule § 52.1870 Identification of plan. number of small entities. Moreover, due will be effective April 1, 2002, unless to the nature of the Federal-State EPA receives adverse written comments * * * * * relationship under the Clean Air Act, by March 4, 2002. (c)* * * preparation of flexibility analysis would (125) On March 20, 2000, the Ohio I. National Technology Transfer and constitute Federal inquiry into the Environmental Protection Agency Advancement Act economic reasonableness of state action. submitted revised rules to control sulfur The Clean Air Act forbids EPA to base Section 12 of the National Technology dioxide emissions in Butler and its actions concerning SIPs on such Transfer and Advancement Act Pickaway Counties, and a revision to grounds. Union Electric Co., v. U.S. (NTTAA) of 1995 requires Federal compliance time schedules as well as EPA, 427 U.S. 246, 255–66 (1976); 42 agencies to evaluate existing technical measurement methods and procedures U.S.C. 7410(a)(2). standards when developing a new for SO2 sources for the State of Ohio. regulation. To comply with NTTAA, Ohio has rescinded OAC 3745–18–04 G. Unfunded Mandates EPA must consider and use ‘‘voluntary (G), which had special emission Under sections 202 of the Unfunded consensus standards’’ (VCS) if available calculation procedures for Hamilton Mandates Reform Act of 1995 and applicable when developing County. (‘‘Unfunded Mandates Act’’), signed programs and policies unless doing so (i) Incorporation by reference.
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(A) Rules OAC 3745–18–03(A)(2)(d); County (except Shell Chemical), Wayne final rule granting full approval to the OAC 3745–18–03(B)(4); OAC 3745–18– County, Williams County, Wood County District of Columbia’s title V operating 03(B)(8); OAC 3745–18–03(C)(6); OAC (except Libbey-Owens-Ford Plants Nos. permit program submitted to EPA under 3745–18–03(C)(10); 3745–18–04(D)(8); 4 and 8 and No. 6), and Wyandot the Clean Air Act Amendments of 1990 3745–18–04(D)(9); OAC 3745–18– County. and implementing regulations at 40 CFR 04(E)(7); OAC 3745–18–04(F); OAC * * * * * part 70. The final rule was published in 3745–18–15; OAC 3745–18–71. (8) No Action—EPA is neither the Federal Register on December 4, Adopted March 1, 2000, effective March approving nor disapproving the 2001 (66 FR 62954), and the proposed 21, 2000. emission limitations for the following rule was published in the Federal (B) Rule OAC 3745–18–49(F), counties/sources pending further Register on October 16, 2001 (66 FR effective May 11, 1987. review: Adams County (Dayton Power & 52561). EPA is hereby correcting a * * * * * Light-Stuart), Allen County (Cairo statement in the preamble to the final 3. Section 52.1881 is amended by Chemical), Clermont County (Cincinnati rule concerning EPA’s most recent revising paragraphs (a)(4), (a)(8), and Gas & Electric-Beckjord), Cuyahoga proposed interpretation of the term removing and reserving paragraphs County, Franklin County, Lawrence modifications under Title I of the Clean (b)(12), (b)(14), (b)(17), (b)18), and County (Allied Chemical-South Point), Air Act. The correction merely provides (b)(20) to read as follows: Lucas County (Gulf Oil Company, an accurate reference to EPA’s most Coulton Chemical Company, and recent proposed interpretation of the § 52.1881 Control strategy: Sulfur oxides term and neither the correction nor the (sulfur dioxide). Phillips Chemical Company), Mahoning County, Montgomery County (Bergstrom initial statement is intended to have any (a) * * * Paper and Miami Paper), Pike County effect on the Agency’s final position on (4) Approval—EPA approves the (Portsmouth Gaseous Diffusion Plant), the December 4, 2001 rulemaking sulfur dioxide emission limits for the Ross County (Mead corporation), action. following counties: Adams County Sandusky County (Martin Marietta (except Dayton Power & Light-Stuart), In the preamble to the final rule, EPA Chemicals), Stark County, Washington Allen County (except Cairo Chemical), responded to an adverse comment on County (Shell Chemical Company), and Ashland County, Ashtabula County, the Proposed Rule which asserted that Athens County, Auglaize County, Wood County (Libbey-Owens-Ford EPA could not grant the District’s title Belmont County, Brown County, Butler Plants Nos. 4 and 8 and No. 6). V operating permit program full County, Carroll County, Champaign * * * * * approval because the program excludes changes reviewed under minor new County, Clark County, Clermont County, [FR Doc. 02–2379 Filed 1–30–02; 8:45 am] source review from the definition of (except Cincinnati Gas & Electric- BILLING CODE 6560–50–P Beckjord), Clinton County, Columbiana Title I modifications. EPA included the County, Coshocton County, Crawford following statement in the response: County, Darke County, Defiance County, ENVIRONMENTAL PROTECTION ‘‘Although EPA believes that the better Delaware County, Erie County, Fairfield AGENCY interpretation of ‘Title I modifications’’ County, Fayette County, Fulton County, is to include changes reviewed under a Gallia County, Geauga County, Greene 40 CFR Part 70 minor source preconstruction review program, EPA does not believe it is County, Guernsey County, Hamilton [DC–T5–2001a; FRL–7136–3] County, Hancock County, Hardin appropriate to require the District to County, Harrison County, Henry Clean Air Act Full Approval of change the definition until EPA County, Highland County, Hocking Operating Permit Program; District of completes its rulemaking on this County, Holmes County, Huron County, Columbia; Correction provision.’’ The ‘‘interpretation of ‘Title Jackson County, Jefferson County, Knox I modifications’’’ referred to in this County, Lake County, Lawrence County AGENCY: Environmental Protection statement is the one included in EPA’s (except Allied Chemical-South Point), Agency (EPA). proposed interim approval of the Licking County, Logan County, Lorain ACTION: Direct final rule; correcting District’s title V operating permit County, Lucas County (except Gulf Oil amendment. program, which was published in the Company, Coulton Chemical Company, Federal Register on March 21, 1995 (60 SUMMARY: This document corrects an and Phillips Chemical Company), FR 14921, 14922). The March 21, 1995 error in the preamble language of a final Madison County, Marion County, notice in turn reflected the proposed rule pertaining to the full approval of Medina County, Meigs County, Mercer interpretation of ‘‘Title I modification’’ the District of Columbia’s title V County, Miami County, Monroe County, contained in EPA’s proposed revisions Montgomery County (except Bergstrom operating permit program. EPA is to 40 CFR part 70 that were published Paper, Miami Paper), Morgan County, hereby correcting a statement in the in the Federal Register on August 29, Morrow County, Muskingum County, preamble to the final rule concerning its 1994 (59 FR 44460, 44463). However, Noble County, Ottawa County, Paulding proposed interpretation of the term EPA revised its proposed interpretation County, Perry County, Pickaway ‘‘modifications’’ under Title I of the of ‘‘Title I modifications’’ in the County, Pike County (except Clean Air Act. preamble to proposed revisions to 40 Portsmouth Gaseous Diffusion Plant), EFFECTIVE DATE: This correction is CFR parts 70 and 71 that were Portage County, Preble County, Putnam effective January 31, 2002. published in the Federal Register on County, Richland County, Ross County FOR FURTHER INFORMATION CONTACT: August 31, 1995 to exclude (except Mead Corporation), Sandusky Paresh R. Pandya, U.S. Environmental modifications under the minor new County (except Martin Marietta Protection Agency, Region III (3AP11), source review program in section Chemicals), Scioto County, Seneca 1650 Arch Street, Philadelphia, PA 110(a)(2)(C) of the Clean Air Act. See 60 County, Shelby County, Trumbull 19103 at (215) 814–2167 or by e-mail at FR 45530, 45545–45546 (explaining the County, Tuscarawas County, Union [email protected]. rationale for the revised proposed County, Van Wert County, Vinton SUPPLEMENTARY INFORMATION: Effective interpretation). The December 4, 2001 County, Warren County, Washington November 30, 2001, EPA promulgated a response to the adverse comment on
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‘‘Title I modifications’’ therefore did not procedure are unnecessary. We find that EPA has complied with Executive Order accurately reflect EPA’s current this constitutes good cause under 5 12630 (53 FR 8859, March 15, 1998) by proposed interpretation of this term. U.S.C. 553(b)(B). examining the takings implications of Thus, the first part of the statement the rule in accordance with the Administrative Requirements quoted above should not have been ‘‘Attorney General’s Supplemental included. This action corrects the Under Executive Order (E.O.) 12866 Guidelines for the Evaluation of Risk erroneous language in the preamble. (58 FR 51735, October 4, 1993), this and Avoidance of Unanticipated action is not a ‘‘significant regulatory Correction Takings’’ issued under the executive action’’ and is therefore not subject to order. This rule does not impose an In rule document No. 01–29967, review by the Office of Management and information collection burden under the beginning on page 62954, in the issue of Budget. For this reason, this action is Paperwork Reduction Act of 1995 (44 December 4, 2001, make the following also not subject to Executive Order U.S.C. 3501 et seq). correction: 13211, ‘‘Actions Concerning Regulations On page 62956, third column, remove That Significantly Affect Energy Supply, The Congressional Review Act (5 the last paragraph beginning with Distribution, or Use’’ (66 FR 28355 (May U.S.C. 801 et seq.), as added by the ‘‘Response:’’ and on page 62957, first 22, 2001)). Because the agency has made Small Business Regulatory Enforcement column, remove the first two a ‘‘good cause’’ finding that this action Fairness Act of 1996, generally provides paragraphs, and replace them with the is not subject to notice-and-comment that before a rule may take effect, the following text: requirements under the Administrative agency promulgating the rule must ‘‘Response: EPA, in its proposed Procedures Act or any other statute as submit a rule report, which includes a interim approval, indicated that a indicated in the Supplementary copy of the rule, to each House of the revision of the 20 DCMR 399.1 Information section above, it is not Congress and to the Comptroller General Definition of Title I Modification or subject to the regulatory flexibility of the United States. Section 808 allows modification under any provision of provisions of the Regulatory Flexibility the issuing agency to make a rule Title I of the Act to include changes Act (5 U.S.C. 601 et seq.), or to sections effective sooner than otherwise reviewed under minor new source 202 and 205 of the Unfunded Mandates provided by the CRA if the agency review would be required only if EPA Reform Act of 1995 (UMRA) (Pub. L. makes a good cause finding that notice established such a definition through 104–4). In addition, this action does not and public procedure is impracticable, rulemaking. Because EPA has not issued significantly or uniquely affect small unnecessary or contrary to the public any final rule specifying that the governments or impose a significant interest. This determination must be definition of a ‘Title I modification’ intergovernmental mandate, as supported by a brief statement. 5 U.S.C. must include changes subject to minor described in sections 203 and 204 of 808(2). As stated previously, EPA had new source review, the District’s current UMRA. This rule also does not have a made such a good cause finding, regulations remain consistent with 40 substantial direct effect on one or more including the reasons therefore, and CFR part 70. EPA does not believe it is Indian tribes, on the relationship established an effective date of appropriate to require the District to between the Federal Government and November 30, 2001. EPA will submit a revise the definition until such time as Indian tribes, or on the distribution of report containing this rule and other EPA completes its rulemaking on this power and responsibilities between the required information to the U.S. Senate, provision in a manner that requires a Federal Government and Indian tribes, the U.S. House of Representatives, and revision in the District’s rules. as specified by Executive Order 13175 the Comptroller General of the United Should EPA revise this definition in (65 FR 67249, November 9, 2000), nor States prior to publication of the rule in the future, the District will be required will it have substantial direct effects on the Federal Register. This correction to to revise its regulations as appropriate. the States, on the relationship between Rule Document No. 01–29967 for the As stated in EPA’s proposed interim the national government and the States, District of Columbia is not a ‘‘major approval published on March 21, 1995 or on the distribution of power and rule’’ as defined by 5 U.S.C. 804(2). (60 FR 14921, 14922), EPA did not responsibilities among the various Dated: January 24, 2002. identify the District’s definition of ‘Title levels of governments, as specified by Thomas C. Voltaggio, I modification or modification under Executive Order 13132 (64 FR 43255, any provision of Title I of the Act’ as Acting Regional Administrator, EPA Region August 10, 1999). This rule also is not III. necessary grounds for either interim subject to Executive Order 13045 (62 FR [FR Doc. 02–2377 Filed 1–30–02; 8:45 am] approval or disapproval. Accordingly, 19885, April 23, 1997), because it is not EPA has not identified the District’s economically significant. BILLING CODE 6560–50–P definition of this term to be a program This technical correction action does deficiency.’’ not involve technical standards; thus ENVIRONMENTAL PROTECTION Section 553 of the Administrative the requirements of section 12(d) of the AGENCY Procedure Act, 5 U.S.C. 553(b)(B), National Technology Transfer and provides that, when an agency for good Advancement Act of 1995 (15 U.S.C. 40 CFR Part 80 cause finds that notice and public 272 note) do not apply. The rule also procedure are impracticable, does not involve special consideration Regulation of Fuels and Fuel Additives unnecessary or contrary to the public of environmental justice related issues interest, the agency may issue a rule as required by Executive Order 12898 CFR Correction without providing notice and an (59 FR 7629, February 16, 1994). In In Title 40 of the Code of Federal opportunity for public comment. We issuing this rule, EPA has taken the Regulations, Parts 72 to 80, revised as of have determined that there is good necessary steps to eliminate drafting July 1, 2001, on page 705, § 80.101 is cause for making today’s rule final errors and ambiguity, minimize corrected by removing the second without prior proposal and opportunity potential litigation, and provide a clear paragraph (f)(4). for comment because we are merely legal standard for affected conduct, as correcting an incorrect citation in a required by section 3 of Executive Order [FR Doc. 02–55501 Filed 1–30–02; 8:45 am] previous action. Thus, notice and public 12988 (61 FR 4729, February 7, 1996). BILLING CODE 1505–01–D
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ENVIRONMENTAL PROTECTION Register of January 14, 2002, a Aviation Organization (ICAO). The AGENCY document concerning the 2000 biennial Commission has adopted these review of the Commercial Mobile Radio amendments in response to a petition 40 CFR Part 122 Service (CMRS) spectrum aggregation for partial reconsideration of the Report limit, or ‘‘spectrum cap,’’ and cellular and Order in this proceeding, filed by EPA Administered Permit Programs: cross-interest rules. Inadvertently Aeronautical Radio, Inc. (ARINC). These The National Pollutant Discharge amendatory instruction no. 2 to 47 CFR rule amendments will serve the public Elimination System 22.942 contained an error. This interest because the revised standards CFR Correction document corrects that instruction. have been accepted by the aviation DATES: Effective February 13, 2002. community globally and will assist the In Title 40 of the Code of Federal FOR FURTHER INFORMATION CONTACT: aviation industry in implementing new Regulations, Parts 100 to 135, revised as Lauren Kravetz Patrich or John data communications systems. In of July 1, 2001, § 122.26 is corrected by Branscome, Commercial Wireless addition, by facilitating the deployment revising paragraph (c)(1)(i)(E)(4) and Division, Wireless Telecommunications of advanced aviation communications removing and reserving paragraph (c)(2) Bureau, at (202) 418–0620. technology, these amendments will to read as follows: SUPPLEMENTARY INFORMATION: The serve the goals of aviation safety and § 122.26 Storm water discharges Federal Communications Commission efficiency that underlie this proceeding. (applicable to State NPDES programs, see published a document in the Federal EFFECTIVE DATE: Effective March 4, 2002. § 123.25). Register of January 14, 2002, (67 FR FOR FURTHER INFORMATION CONTACT: * * * * * 1626). This correction revises Jeffrey Tobias, Wireless (c) * * * amendatory instruction no. 2 to 47 CFR Telecommunications Bureau at (202) (1) * * * 22.942. In FR Doc. 02–868, published in 418–0680. (i) * * * the Federal Register of January 14, 2002 SUPPLEMENTARY INFORMATION: 1. This is (E) * * * (67 FR 1626) make the following a summary of the Commission’s (4) Any information on the discharge correction. On page 1642, in the third Memorandum Opinion and Order, FCC required under § 122.21(g)(7) (vi) and column, correct amendatory instruction 01–378, adopted on December 21, 2001, (vii); no. 2 to read as follows: and released on December 28, 2001. The full text of this Memorandum Opinion * * * * * § 22.942 [Corrected] (2) [Reserved] and Order is available for inspection 2. Section 22.942 is amended by and copying during normal business * * * * * revising the section heading and hours in the FCC Reference Center, [FR Doc. 02–55502 Filed 1–30–02; 8:45 am] paragraphs (a) and (c) to read as follows: Room CY–A257, 445 12th Street, SW., BILLING CODE 1505–01–D * * * * * Washington, D.C. 20554. The complete Dated: January 24, 2002. text may be purchased from the Federal Communications Commission. Commission’s copy contractor, Qualex International, Portals II, 445 12th Street, FEDERAL COMMUNICATIONS William F. Caton, COMMISSION S.W., Room CY–B402, Washington, D.C. Deputy Secretary. 20554. 47 CFR Part 0 [FR Doc. 02–2363 Filed 1–30–02; 8:45 am] BILLING CODE 6712–01–P Summary of Report and Order Commission Organization 2. Based on the record in this proceeding, we conclude that we should CFR Correction FEDERAL COMMUNICATIONS grant ARINC’s petition for partial In Title 47 of the Code of Federal COMMISSION reconsideration because § 87.139(k) of Regulations, parts 0 to 19, revised as of the Commission’s rules, 47 CFR 47 CFR Part 87 October 1, 2001, on page 20, the second 87.139(k), as adopted in the Report and § 0.111 is removed. [WT Docket No. 00–77; FCC 01–378] Order, does not reflect recent changes in [FR Doc. 02–55504 Filed 1–30–02; 8:45 am] international standards pertaining to the Accommodation of Advanced Digital emission mask and out-of-band power BILLING CODE 1505–01–D Communications in the 117.975–137 levels for VHF digital aviation MHz Frequency Band and communications systems. These Implementation of Flight Information modifications of the international FEDERAL COMMUNICATIONS Services in the 136–137 MHz COMMISSION SARPs, adopted by the ICAO after the Frequency Band period for submitting comments to the 47 CFR Parts 20 and 22 AGENCY: Federal Communications Notice of Proposed Rulemaking in this proceeding, 65 FR 41032, July 3, 2000, [WT Docket No. 01–14; FCC 01–328] Commission. ACTION: Final rule. are to take effect on January 1, 2002. The 2000 Biennial Regulatory Review— ICAO has increased the amount of SUMMARY: Spectrum Aggregation Limits For This document amends the power permissible in the first adjacent Commercial Mobile Radio Services; Commission’s rules to specify that very channel by 2 dB, specifying that the Correction high frequency (VHF) aeronautical total amount of power across the first stations operating with phase adjacent channel shall not exceed 2 AGENCY: Federal Communications modulation digital data emissions shall dBm, rather than the 0 dBm now Commission. limit their power and out-of-band specified in § 87.139(k)(1). The ICAO ACTION: Final rule; correction. emissions in accord with recently has also specified that the power modified international Standards and measured over a 16 kHz bandwidth SUMMARY: The Federal Communications Recommended Practices (SARPs) centered in either first adjacent 25 kHz Commission published in the Federal adopted by the International Civil channel shall be limited to ¥18 dBm,
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instead of the ¥20 dBm limit set forth out-of-band emission limits applicable Counsel for Advocacy of the Small in § 87.139(k)(3). Finally, the ICAO has to VHF aeronautical stations and aircraft Business Administration. increased the amount of suppression stations operating with digital required for out-of-band emissions in communications technology. These List of Subjects in 47 CFR Part 87 the second adjacent channels and minor revisions conform our rules with Air transportation; Radio. beyond. The old standard required that international standards applicable to the amount of power measured across equipment and aircraft operating Federal Communications Commission. either second adjacent channel be less outside United States airspace, and have William F. Caton, than ¥25 dBm, and that the power been adopted at the request of Deputy Secretary. measured in any other adjacent 25 kHz Aeronautical Radio, Inc., an channels decrease monotonically by at organization representing the civil Rule Changes least 5 dB per octave to a maximum aviation industry, without objection value of ¥52 dBm. Under the new from any party. These minor revisions For reasons discussed in the standard, the amount of power do not impose any new reporting or preamble, the Federal Communication measured across either second adjacent compliance requirements on any entity, Commission amends 47 CFR part 87 as 25 kHz channel must be less than ¥28 do not otherwise impose any additional follows: dBm, the amount of power measured burdens on any small entities, and do PART 87—AVIATION SERVICES across either fourth adjacent 25 kHz not require alteration of the Final channel must be less than ¥38 dBm, Regulatory Flexibility Analysis for the 1. The authority citation for part 87 and from thereon the power measured Report and Order. We therefore certify continues to read as follows: in any other adjacent 25 kHz channel that the adoption of this Memorandum must monotonically decrease at a rate of Opinion and Order will not have a Authority: 47 U.S.C. 154, 303, and 307(e), at least 5 dB per octave to a maximum significant economic impact on a unless otherwise noted. ¥ value of 53 dBm. substantial number of small entities. 3. It would serve the public interest to 2. Section 87.139 is amended by Report to Congress: The Commission revising paragraph (k) to read as follows: have these revised standards reflected in will send a copy of this Memorandum § 87.139(k) because they have been Opinion and Order, including a copy of § 87.139 Emission limitations. accepted by the aviation community this Final Regulatory Flexibility * * * * * globally and will assist the aviation Certification, in a report to be sent to industry in implementing new data Congress pursuant to the Small Business (k) For VHF aeronautical stations and communications systems. In addition, Regulatory Enforcement Fairness Act of aircraft stations operating with G1D or by facilitating the deployment of 1996, see 5 U.S.C. 801(a)(1)(A). In G7D emissions: advanced aviation communications addition, the Commission will send a (1) The amount of power measured technology, this amendment will also copy of this Memorandum Opinion and serve the goals of effective aviation across either first adjacent 25 kHz Order, including a copy of this Final safety and efficiency that underlie this channel shall not exceed 2 dBm. Regulatory Flexibility Certification, to proceeding. Consistent with the ICAO (2) For stations first installed before the Chief Counsel for Advocacy of the rules scheduled to take effect on January January 1, 2002, the amount of power Small Business Administration. A copy 1, 2002, stations installed before January of the Report and Order and Final measured across either second adjacent 1, 2002 that meet the existing out-of- ¥ Regulatory Flexibility Certification (or channel shall be less than 25 dBm and band emission suppression standard in summaries thereof) will also be the power measured in any other § 87.139(k)(2) but not the revised published in the Federal Register. See adjacent 25 kHz channels shall standard will be permitted to continue 5 U.S.C. 604(b). monotonically decrease at a rate of at operating indefinitely. least 5 dB per octave to a maximum Final Regulatory Flexibility Certification Ordering Clauses value of ¥52 dBm. For stations first 4. The Regulatory Flexibility Act of 6. Authority for issuance of this installed on or after January 1, 2002, 1980, as amended, (RFA) requires that a Memorandum Opinion and Order is (i) The amount of power measured regulatory flexibility analysis be contained in sections 1, 4(i), 302, 303(f) across either second adjacent 25 kHz prepared for rulemaking proceedings, and (r), and 332 of the Communications channel shall be less than ¥28 dBm; Act of 1934, as amended, 47 U.S.C. 151, unless the agency certifies that ‘‘the rule (ii) The amount of power measured will not have a significant economic 154(i), 302, 303(f) and (r), 332. 7. The Petition for Partial across either fourth adjacent 25 kHz impact on a substantial number of small channel shall be less than ¥38 dBm; entities.’’ The RFA generally defines Reconsideration filed by Aeronautical and ‘‘small entity’’ as having the same Radio, Inc. on June 14, 2001 is granted. meaning as the terms ‘‘small business,’’ 8. Pursuant to sections 1, 4(i), 302, (iii) From thereon the power ‘‘small organization,’’ and ‘‘small 303(f) and (r), and 332 of the measured in any other adjacent 25 kHz governmental jurisdiction.’’ In addition, Communications Act of 1934, as channel shall monotonically decrease at the term ‘‘small business’’ has the same amended, 47 U.S.C. 151, 154(i), 302, a rate of at least 5 dB per octave to a meaning as the term ‘‘small business 303(f) and (r), 332, part 87 of the maximum value of ¥53 dBm. concern’’ under the Small Business Act. Commission’s rules, 47 CFR part 87, is (3) The amount of power measured A small business concern is one which: amended as set forth in Rule Changes, over a 16 kHz channel bandwidth effective March 4, 2002. (1) Is independently owned and centered on the first adjacent 25 kHz 17. The Commission’s Consumer operated; (2) is not dominant in its field channel shall not exceed ¥18 dBm. of operation; and (3) satisfies any Information Bureau, Reference additional criteria established by the Information Center, shall send a copy of [FR Doc. 02–2284 Filed 1–30–02; 8:45 am] Small Business Administration (SBA). this Memorandum Opinion and Order, BILLING CODE 6712–01–P 5. In this Memorandum Opinion and including the Final Regulatory Order, we make minor revisions to the Flexibility Certification, to the Chief
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DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The and southern subzones. The southern fishery for coastal migratory pelagic fish subzone is that part of the Florida west Office of the Secretary (king mackerel, Spanish mackerel, cero, coast subzone which from November 1 cobia, little tunny, dolphin, and, in the through March 31 extends south and 49 CFR Part 40 Gulf of Mexico only, bluefish) is west from 25°20.4′ N. lat. to 26°19.8′ N. managed under the Fishery lat.(a line directly west from the Lee/ Procedures for Transportation Management Plan for the Coastal Collier County, FL, boundary), i.e., the Workplace Drug and Alcohol Testing Migratory Pelagic Resources of the Gulf area off Collier and Monroe Counties. Programs of Mexico and South Atlantic (FMP). From April 1 through October 31, the CFR Correction The FMP was prepared by the Gulf of southern subzone is that part of the Mexico and South Atlantic Fishery Florida west coast subzone which is In Title 49 of the Code of Federal Management Councils (Councils) and is between 26°19.8′ N. lat. and 25°48′ N. Regulations, Parts 1 to 99, revised as of implemented under the authority of the lat.(a line directly west from the October 1, 2001, on page 593, § 40.45 is Magnuson-Stevens Fishery Monroe/Collier County, FL, boundary), corrected by revising paragraph (a) to Conservation and Management Act i.e., the area off Collier County. read as follows: (Magnuson-Stevens Act) by regulations Classification § 40.45 What form is used to document a at 50 CFR part 622. DOT urine collection? Based on the Councils’ recommended This action responds to the best (a) The Federal Drug Testing Custody total allowable catch and the allocation available information recently obtained and Control Form (CCF) must be used ratios in the FMP, on April 30, 2001 (66 from the fishery. The closure must be to document every urine collection FR 17368, March 30, 2001) NMFS implemented immediately to prevent an required by the DOT drug testing implemented a commercial quota of overrun of the commercial quota (50 program. The CCF must be a five-part 2.25 million lb (1.02 million kg) for the CFR 622.42(c)(1)) of Gulf group king carbonless manifold form. You may eastern zone (Florida) of the Gulf mackerel, given the capacity of the view this form on the Department’s web migratory group of king mackerel. That fishing fleet to harvest the quota site (http://www.dot.gov/ost/dapc) or quota is further divided into separate quickly. Overruns could potentially lead the HHS web site (http:// quotas for the Florida east coast subzone to further overfishing and unnecessary www.workplace.samhsa.gov). and the northern and southern Florida delays in rebuilding this resource. west coast subzones. On April 27, 2000, * * * * * Therefore, any delay in implementing NMFS implemented the final rule (65 this action would be impractical and [FR Doc. 02–55503 Filed 1–30–02; 8:45 am] FR 16336, March 28, 2000) that divided contradictory to the Magnuson-Stevens BILLING CODE 1505–01–D the Florida west coast subzone of the Act, the FMP, and the public interest. eastern zone into northern and southern NMFS finds, for good cause, that the subzones, and established their separate implementation of this action cannot be DEPARTMENT OF COMMERCE quotas. The quota newly implemented delayed for 30 days. Accordingly, under for the southern Florida west coast 5 U.S.C. 553(d), a delay in the effective National Oceanic and Atmospheric subzone is 1,040,625 lb (472,020 kg). date is waived. Administration That quota is further divided into two This action is taken under 50 CFR equal quotas of 520,312 lb (236,010 kg) 622.43(a) and is exempt from review 50 CFR Part 622 for vessels in each of two groups fishing under E.O. 12866. with run-around gillnets and hook-and- [Docket No. 001005281–0369–02; I.D. Authority: 16 U.S.C. 1801 et seq. 012502C] line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)). Dated: January 25, 2002. Fisheries of the Caribbean, Gulf of Under 50 CFR 622.43(a)(3), NMFS is Jonathan M. Kurland, Mexico, and South Atlantic; Coastal required to close any segment of the Acting Director,Office of Sustainable Migratory Pelagic Resources of the king mackerel commercial fishery when Fisheries, National Marine Fisheries Service. Gulf of Mexico and South Atlantic; its quota has been reached, or is [FR Doc. 02–2295 Filed 1–25–02; 4:57 pm] projected to be reached, by filing a Closure BILLING CODE 3510–22–S notification at the Office of the Federal AGENCY: National Marine Fisheries Register. NMFS has determined that the Service (NMFS), National Oceanic and commercial quota of 520,312 lb (236,010 DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), kg) for Gulf group king mackerel for Commerce. vessels using run-around gillnet gear in National Oceanic and Atmospheric ACTION: Closure. the southern Florida west coast subzone Administration will be reached on January 27, 2002. SUMMARY: NMFS closes the commercial Accordingly, the commercial fishery for run-around gillnet fishery for king 50 CFR Part 679 king mackerel for such vessels in the mackerel in the exclusive economic southern Florida west coast subzone is [Docket No. 011218304-1304-01; I.D. zone (EEZ) in the southern Florida west closed at 6 a.m., local time, January 28, 012402B] coast subzone. This closure is necessary 2002, through 6:00 a.m., January 21, to protect the Gulf king mackerel Fisheries of the Exclusive Economic 2003, the beginning of the next fishing resource. Zone Off Alaska; Pollock in Statistical season, i.e., the day after the 2003 Area 630 of the Gulf of Alaska DATES: The closure is effective 6 a.m., Martin Luther King Jr. Federal holiday. local time, January 28, 2002, through The Florida west coast subzone is that AGENCY: National Marine Fisheries 6:00 a.m., January 21, 2003. part of the eastern zone south and west Service (NMFS), National Oceanic and ° ′ FOR FURTHER INFORMATION CONTACT: of 25 20.4 N. lat. (a line directly east Atmospheric Administration (NOAA), Mark Godcharles, telephone: 727–570– from the Miami-Dade County, FL, Commerce. 5305, fax: 727–570–5583, e-mail: boundary). The Florida west coast ACTION: Modification of a closure. [email protected]. subzone is further divided into northern
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SUMMARY: NMFS is opening directed management measures for the the amount of the 2002 A season fishing for pollock in Statistical Area groundfish fisheries off Alaska (67 FR pollock TAC specified for Statistical 630 of the Gulf of Alaska (GOA) for 24 956, January 8, 2002). Area 630 of the GOA constitutes good hours. This action is necessary to fully NMFS closed the directed fishery for cause to waive the requirement to use the first seasonal apportionment of pollock in Statistical Area 630 of the provide prior notice and opportunity for the total allowable catch (TAC) of GOA under § 679.20(d)(1)(iii) on public comment pursuant to the pollock specified for this area. January 21, 2002 (67 FR 3126, January authority set forth at 5 U.S.C. DATES: Effective 1200 hrs, Alaska local 23, 2002). 553(b)(3)(B) and 50 CFR time (A.l.t.), January 29, 2002, until NMFS has determined that 679.20(b)(3)(iii)(A), as such procedures 1200 hrs, A.l.t., January 30, 2002. approximately 522 mt currently remain would be unnecessary and contrary to FOR FURTHER INFORMATION CONTACT: in the directed fishing allowance. the public interest. Similarly, the need Mary Furuness, 907–586–7228. Therefore, NMFS is terminating the to implement these measures in a timely SUPPLEMENTARY INFORMATION: NMFS previous closure and is opening fashion to allow full use the amount of manages the groundfish fishery in the directed fishing for pollock in Statistical the 2002 A season pollock TAC GOA exclusive economic zone Area 630 of the GOA. In accordance specified for Statistical Area 630 of the according to the Fishery Management with § 679.20(d)(1)(iii), the Regional GOA constitutes good cause to find that Plan for Groundfish of the Gulf of Administrator finds that this directed the effective date of this action cannot Alaska (FMP) prepared by the North fishing allowance will be reached after be delayed for 30 days. Accordingly, Pacific Fishery Management Council 24 hours. Consequently, NMFS is under 5 U.S.C. 553(d), a delay in the under authority of the Magnuson- prohibiting directed fishing for pollock effective date is hereby waived. Stevens Fishery Conservation and in Statistical Area 630 of the GOA This action is required by § 679.20 Management Act. Regulations governing effective 1200 hrs, A.l.t., January 30, and is exempt from review under fishing by U.S. vessels in accordance 2002. Executive Order 12866. with the FMP appear at subpart H of 50 Classification Authority: 16 U.S.C. 1801 et seq. CFR part 600 and 50 CFR part 679. The ‘‘A’’ season allowance of the 2002 This action responds to the best Dated: January 25, 2002. pollock TAC in Statistical Area 630 of available information recently obtained Jonathan M. Kurland, the GOA was established as 1,122 from the fishery. The Assistant Acting Director, Office of Sustainable metric tons by an emergency rule Administrator for Fisheries, NOAA, Fisheries, National Marine Fisheries Service. implementing 2002 harvest finds that the need to immediately [FR Doc. 02–2402 Filed 1–29–02; 9:18 am] specifications and associated implement this action to allow full use BILLING CODE 3510–22–S
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Rules and Regulations Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
This section of the FEDERAL REGISTER International Branch, ANM–116, FAA, Regulatory Impact contains regulatory documents having general Transport Airplane Directorate, 1601 applicability and legal effect, most of which The regulations adopted herein will Lind Avenue, SW., Renton, Washington not have a substantial direct effect on are keyed to and codified in the Code of 98055–4056; telephone (425) 227–1175; Federal Regulations, which is published under the States, on the relationship between 50 titles pursuant to 44 U.S.C. 1510. fax (425) 227–1149. the national Government and the States, SUPPLEMENTARY INFORMATION: A or on the distribution of power and The Code of Federal Regulations is sold by proposal to amend part 39 of the Federal responsibilities among the various the Superintendent of Documents. Prices of Aviation Regulations (14 CFR part 39) to levels of government. Therefore, it is new books are listed in the first FEDERAL determined that this final rule does not REGISTER issue of each week. include an airworthiness directive (AD) that is applicable to all Short Brothers have federalism implications under Model SD3 series airplanes was Executive Order 13132. DEPARTMENT OF TRANSPORTATION published in the Federal Register on For the reasons discussed above, I October 4, 2001 (66 FR 50584). That certify that this action (1) is not a Federal Aviation Administration action proposed to require a one-time ‘‘significant regulatory action’’ under inspection of the installation of the Executive Order 12866; (2) is not a 14 CFR Part 39 bearing housings of the elevator torque ‘‘significant rule’’ under DOT shaft assembly, and corrective action if Regulatory Policies and Procedures (44 [Docket No. 2001–NM–229–AD; Amendment FR 11034, February 26, 1979); and (3) 39–12616; AD 2002–01–22] necessary. will not have a significant economic RIN 2120–AA64 Comments impact, positive or negative, on a substantial number of small entities Airworthiness Directives; Short Interested persons have been afforded under the criteria of the Regulatory Brothers Model SD3 Series Airplanes an opportunity to participate in the Flexibility Act. A final evaluation has making of this amendment. No been prepared for this action and it is AGENCY: Federal Aviation comments were submitted in response Administration, DOT. contained in the Rules Docket. A copy to the proposal or the FAA’s of it may be obtained from the Rules ACTION: Final rule. determination of the cost to the public. Docket at the location provided under SUMMARY: This amendment adopts a Conclusion the caption ADDRESSES. new airworthiness directive (AD), List of Subjects in 14 CFR Part 39 applicable to all Short Brothers Model The FAA has determined that air SD3 series airplanes, that requires a one- safety and the public interest require the Air transportation, Aircraft, Aviation time inspection of the installation of the adoption of the rule as proposed. safety, Incorporation by reference, Safety. bearing housings of the elevator torque Cost Impact shaft assembly, and corrective action if Adoption of the Amendment necessary. This action is necessary to The FAA estimates that 75 Model SD3 prevent failure of the elevator torque series airplanes of U.S. registry will be Accordingly, pursuant to the shaft, which could result in reduced affected by this AD, that it will take authority delegated to me by the controllability of the airplane. This approximately 2 work hours per Administrator, the Federal Aviation action is intended to address the airplane to accomplish the required Administration amends part 39 of the identified unsafe condition. inspection, and that the average labor Federal Aviation Regulations (14 CFR DATES: Effective March 7, 2002. rate is $60 per work hour. Based on part 39) as follows: The incorporation by reference of these figures, the cost impact of the PART 39—AIRWORTHINESS certain publications listed in the inspection required by this AD on U.S. DIRECTIVES regulations is approved by the Director operators is estimated to be $9,000, or of the Federal Register as of March 7, $120 per airplane. 1. The authority citation for part 39 2002. The cost impact figure discussed continues to read as follows: ADDRESSES: The service information above is based on assumptions that no Authority: 49 U.S.C. 106(g), 40113, 44701. referenced in this AD may be obtained operator has yet accomplished any of from Short Brothers, Airworthiness & the requirements of this AD action, and § 39.13 [Amended] Engineering Quality, P.O. Box 241, that no operator would accomplish 2. Section 39.13 is amended by Airport Road, Belfast BT3 9DZ, those actions in the future if this AD adding the following new airworthiness Northern Ireland. This information may were not adopted. The cost impact directive: be examined at the Federal Aviation figures discussed in AD rulemaking Administration (FAA), Transport 2002–01–22 Short Brothers PLC: actions represent only the time Amendment 39–12616. Docket 2001– Airplane Directorate, Rules Docket, necessary to perform the specific actions NM–229–AD. 1601 Lind Avenue, SW., Renton, actually required by the AD. These Applicability: All Model SD3 series Washington; or at the Office of the figures typically do not include airplanes, certificated in any category. Federal Register, 800 North Capitol incidental costs, such as the time Note 1: This AD applies to each airplane Street, NW., suite 700, Washington, DC. required to gain access and close up, identified in the preceding applicability FOR FURTHER INFORMATION CONTACT: planning time, or time necessitated by provision, regardless of whether it has been Todd Thompson, Aerospace Engineer, other administrative actions. modified, altered, or repaired in the area
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subject to the requirements of this AD. For this AD; and, if the unsafe condition has not Inspection airplanes that have been modified, altered, or been eliminated, the request should include (a) Within 60 days after the effective date repaired so that the performance of the specific proposed actions to address it. of this AD: Perform a detailed visual requirements of this AD is affected, the Compliance: Required as indicated, unless owner/operator must request approval for an inspection of the bearing housings of the alternative method of compliance in accomplished previously. elevator torque shaft assembly to detect accordance with paragraph (c) of this AD. To prevent failure of the elevator torque discrepancies (including movement of the The request should include an assessment of shaft, which could result in reduced housings relative to the mounting structure), the effect of the modification, alteration, or controllability of the airplane, accomplish in accordance with the applicable service repair on the unsafe condition addressed by the following: bulletin listed in the following table:
TABLE 1.—SERVICE BULLETINS
Inspect in accordance with For model— Short Brothers Service Dated— Bulletin—
(1) SD3–60 Sherpa series airplanes ...... SD3–60 SHERPA–27–6 May 22, 2001 (2) SD3–Sherpa series airplanes ...... SD3 SHERPA–27–5 May 22, 2001 (3) SD3–60 series airplanes ...... SD360–27–31 May 22, 2001 (4) SD3–30 series airplanes ...... SD330–27–39 May 22, 2001
Note 2: For the purposes of this AD, a Incorporation by Reference DEPARTMENT OF TRANSPORTATION detailed visual inspection is defined as: ‘‘An (e) The actions shall be done in accordance intensive visual examination of a specific with Short Brothers Service Bulletin SD3–60 Federal Aviation Administration structural area, system, installation, or SHERPA–27–6, dated May 22, 2001; Short assembly to detect damage, failure, or 14 CFR Part 39 irregularity. Available lighting is normally Brothers Service Bulletin SD3–SHERPA–27– supplemented with a direct source of good 5, dated May 22, 2001; Short Brothers Service [Docket No. 2001–NM–200–AD; Amendment lighting at intensity deemed appropriate by Bulletin SD360–27–31, dated May 22, 2001; 39–12621; AD 2002–01–26] or Short Brothers Service Bulletin SD330– the inspector. Inspection aids such as mirror, RIN 2120–AA64 magnifying lenses, etc., may be used. Surface 27–39, dated May 22, 2001; as applicable. cleaning and elaborate access procedures This incorporation by reference was Airworthiness Directives; Israel may be required.’’ approved by the Director of the Federal Aircraft Industries, Ltd., Model 1124 Register in accordance with 5 U.S.C. 552(a) and 1124A, and Model 1125 Westwind Corrective Action and 1 CFR part 51. Copies may be obtained Astra Series Airplanes (b) If any discrepancy is found during the from Short Brothers, Airworthiness & inspection required by paragraph (a) of this Engineering Quality, P.O. Box 241, Airport AGENCY: Federal Aviation AD: Prior to further flight, replace any Road, Belfast BT3 9DZ, Northern Ireland. Administration, DOT. affected part with a new part, in accordance Copies may be inspected at the FAA, ACTION: Final rule. with the applicable service bulletin listed in Transport Airplane Directorate, 1601 Lind Table 1 of this AD. Avenue, SW., Renton, Washington; or at the SUMMARY: This amendment adopts a Note 3: The service bulletins listed in Office of the Federal Register, 800 North new airworthiness directive (AD), Table 1 of this AD recommend that operators Capitol Street, NW., suite 700, Washington, applicable to all Israel Aircraft submit a report of their inspection findings DC. Industries, Ltd., Model 1124 and 1124A, to the manufacturer. Although operators may submit such a report, this AD does not Note 5: The subject of this AD is addressed and certain Model 1125 Westwind Astra require it. in British airworthiness directives 003–05– series airplanes, that requires a one-time 2001, 008–05–2001, 009–05–2001, and 007– inspection of the attachment bolts Alternative Methods of Compliance 05–2001. installed on the engine inlet cowl and (c) An alternative method of compliance or aft nacelle attachment flanges to verify adjustment of the compliance time that Effective Date correct part numbers of the bolts, and provides an acceptable level of safety may be (f) This amendment becomes effective on replacement of any discrepant/incorrect used if approved by the Manager, March 7, 2002. bolt with a correct attachment bolt. The International Branch, ANM–116, Transport actions specified by this AD are Airplane Directorate, FAA. Operators shall Issued in Renton, Washington, on January intended to prevent failure of submit their requests through an appropriate 17, 2002. attachment bolts due to fatigue, which FAA Principal Maintenance Inspector, who Michael Kaszycki, may add comments and then send it to the could result in separation of the engine Manager, International Branch, ANM–116. Acting Manager, Transport Airplane inlet cowl and aft nacelle, and consequent damage to the horizontal or Note 4: Information concerning the Directorate, Aircraft Certification Service. existence of approved alternative methods of [FR Doc. 02–1820 Filed 1–30–02; 8:45 am] vertical stabilizer. This action is compliance with this AD, if any, may be BILLING CODE 4910–13–P intended to address the identified obtained from the International Branch, unsafe condition. ANM–116. DATES: Effective March 7, 2002. The incorporation by reference of Special Flight Permits certain publications listed in the (d) Special flight permits may be issued in regulations is approved by the Director accordance with sections 21.197 and 21.199 of the Federal Register as of March 7, of the Federal Aviation Regulations (14 CFR 2002. 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD ADDRESSES: The service information can be accomplished. referenced in this AD may be obtained
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from Galaxy Aerospace Corporation, figures typically do not include provision, regardless of whether it has been One Galaxy Way, Fort Worth Alliance incidental costs, such as the time modified, altered, or repaired in the area Airport, Fort Worth, Texas 76177. This required to gain access and close up, subject to the requirements of this AD. For information may be examined at the planning time, or time necessitated by airplanes that have been modified, altered, or repaired so that the performance of the Federal Aviation Administration (FAA), other administrative actions. requirements of this AD is affected, the Transport Airplane Directorate, Rules Regulatory Impact owner/operator must request approval for an Docket, 1601 Lind Avenue, SW., alternative method of compliance in Renton, Washington; or at the Office of The regulations adopted herein will accordance with paragraph (b) of this AD. the Federal Register, 800 North Capitol not have a substantial direct effect on The request should include an assessment of Street, NW., suite 700, Washington, DC. the States, on the relationship between the effect of the modification, alteration, or FOR FURTHER INFORMATION CONTACT: Dan the national Government and the States, repair on the unsafe condition addressed by Rodina, Aerospace Engineer, or on the distribution of power and this AD; and, if the unsafe condition has not responsibilities among the various been eliminated, the request should include International Branch, ANM–116, FAA, specific proposed actions to address it. Transport Airplane Directorate, 1601 levels of government. Therefore, it is determined that this final rule does not Compliance: Required as indicated, unless Lind Avenue, SW., Renton, Washington accomplished previously. 98055–4056; telephone (425) 227–2125; have federalism implications under To prevent failure of attachment bolts due fax (425) 227–1149. Executive Order 13132. to fatigue, which could result in separation SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I of the engine inlet cowl and aft nacelle, and proposal to amend part 39 of the Federal certify that this action (1) is not a consequent damage to the horizontal or Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under vertical stabilizer, accomplish the following: include an airworthiness directive (AD) Executive Order 12866; (2) is not a Inspection and Replacement, if Necessary that is applicable to all Israel Aircraft ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 (a) Within 50 flight hours from the effective Industries, Ltd., Model 1124 and 1124A, date of this AD, perform a one-time and certain Model 1125 Westwind Astra FR 11034, February 26, 1979); and (3) inspection of the bolts installed on the engine series airplanes was published in the will not have a significant economic inlet cowl and aft nacelle attachment flanges Federal Register on October 29, 2001 impact, positive or negative, on a to verify correct part numbers of the bolts. (66 FR 54465). That action proposed to substantial number of small entities Before further flight, replace any discrepant require a one-time inspection of the under the criteria of the Regulatory bolts with the correct bolts, per 1124– attachment bolts installed on the engine Flexibility Act. A final evaluation has Westwind (Israeli Aircraft Industries) Alert Service Bulletin 1124–54A–138, and Astra inlet cowl and aft nacelle attachment been prepared for this action and it is contained in the Rules Docket. A copy (Israeli Aircraft Industries) Alert Service flanges to verify correct part numbers of Bulletin 1125–54A–247, both dated March the bolts, and replacement of any of it may be obtained from the Rules 29, 2001; as applicable. discrepant/incorrect bolt with a correct Docket at the location provided under attachment bolt. the caption ADDRESSES. Alternative Methods of Compliance (b) An alternative method of compliance or Comments List of Subjects in 14 CFR Part 39 adjustment of the compliance time that Interested persons have been afforded Air transportation, Aircraft, Aviation provides an acceptable level of safety may be an opportunity to participate in the safety, Incorporation by reference, used if approved by the Manager, making of this amendment. No Safety. International Branch, ANM–116, Transport Airplane Directorate, FAA. Operators shall comments were submitted in response Adoption of the Amendment submit their requests through an appropriate to the proposal or the FAA’s FAA Principal Maintenance Inspector, who determination of the cost to the public. Accordingly, pursuant to the may add comments and then send it to the authority delegated to me by the Conclusion Manager, International Branch, ANM–116. Administrator, the Federal Aviation Note 2: Information concerning the The FAA has determined that air Administration amends part 39 of the existence of approved alternative methods of safety and the public interest require the Federal Aviation Regulations (14 CFR compliance with this AD, if any, may be adoption of the rule as proposed. part 39) as follows: obtained from the International Branch, ANM–116. Cost Impact PART 39—AIRWORTHINESS The FAA estimates that 299 airplanes DIRECTIVES Special Flight Permits of U.S. registry will be affected by this (c) Special flight permits may be issued in AD, that it will take approximately 1 1. The authority citation for part 39 accordance with §§ 21.197 and 21.199 of the work hour per airplane to accomplish continues to read as follows: Federal Aviation Regulations (14 CFR 21.197 the inspection, and that the average Authority: 49 U.S.C. 106(g), 40113, 44701. and 21.199) to operate the airplane to a labor rate is $60 per work hour. Based location where the requirements of this AD can be accomplished. on these figures, the cost impact of the § 39.13 [Amended] AD on U.S. operators is estimated to be 2. Section 39.13 is amended by Incorporation by Reference $17,940, or $60 per airplane. adding the following new airworthiness (d) The actions shall be done in accordance The cost impact figure discussed directive: with 1124-Westwind (Israeli Aircraft above is based on assumptions that no Industries) Alert Service Bulletin 1124–54A– 2002–01–26 Israel Aircraft Industries, Ltd.: 138, dated March 29, 2001; and Astra (Israeli operator has yet accomplished any of Amendment 39–12621. Docket 2001– the requirements of this AD action, and Aircraft Industries) Alert Service Bulletin NM–200–AD. 1125–54A–247, dated March 29, 2001; as that no operator would accomplish Applicability: All Model 1124 and 1124A those actions in the future if this AD applicable. This incorporation by reference series airplanes, and Model 1125 Westwind was approved by the Director of the Federal were not adopted. The cost impact Astra series airplanes having serial numbers Register in accordance with 5 U.S.C. 552(a) figures discussed in AD rulemaking 004 through 072 inclusive and 074 through and 1 CFR part 51. Copies may be obtained actions represent only the time 078 inclusive; certificated in any category. from Galaxy Aerospace Corporation, One necessary to perform the specific actions Note 1: This AD applies to each airplane Galaxy Way, Fort Worth Alliance Airport, actually required by the AD. These identified in the preceding applicability Fort Worth, Texas 76177. Copies may be
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inspected at the FAA, Transport Airplane Comments for inclusion in the Rules 72–1498, which is terminating action for Directorate, 1601 Lind Avenue, SW., Renton, Docket must be received on or before this AD. Washington; or at the Office of the Federal April 1, 2002. Register, 800 North Capitol Street, NW., suite Manufacturer’s Service Information ADDRESSES: 700, Washington, DC. Submit comments in triplicate to the Federal Aviation Rolls-Royce, plc has issued Note 3: The subject of this AD is addressed Administration (FAA), New England mandatory SB’s Tay-72–1483, Revision in Israeli airworthiness directive 54–01–05– 2, dated October 20, 2000, Tay-72–1498, 02, dated May 13, 2001. Region, Office of the Regional Counsel, Attention: Rules Docket No. 2001–NE– dated October 20, 2000, and Tay-72– Effective Date 02–AD, 12 New England Executive Park, 1498, Revision 1, dated December 1, Burlington, MA 01803–5299. Comments 2000, that specify procedures for: (e) This amendment becomes effective on • March 7, 2002. may be inspected at this location, by Initial and repetitive borescope inspections, based on bolt cyclic life Issued in Renton, Washington, on January appointment, between 8 a.m. and 4:30 p.m., Monday through Friday, except exposure, of the stage 12 rotor disc 18, 2002. assembly for damage due to failed HPC Michael Kaszycki, Federal holidays. Comments may also be sent via the Internet using the OGV retaining bolts and, if necessary, Acting Manager, Transport Airplane replacement with serviceable parts. Directorate, Aircraft Certification Service. following address: ‘‘9-ane- • [email protected]’’. Comments sent Introduction of revised retaining [FR Doc. 02–1964 Filed 1–30–02; 8:45 am] via the Internet must contain the docket and locking features for the HPC OGV BILLING CODE 4910–13–P number in the subject line. and outer seal spacer, to eliminate stage The service information referenced in 12 rotor disc assembly damage and stage 11/12 spacer cracking. DEPARTMENT OF TRANSPORTATION this AD may be obtained from Rolls- Royce plc, PO Box 31 Derby, DE24 8BJ, The CAA has classified SB’s Tay-72– 1483, Revision 2, dated October 20, Federal Aviation Administration United Kingdom; telephone 011–44– 1332–242424; fax 011–44–1332–249936. 2000; and Tay-72–1498, Revision 1, dated December 1, 2000; as mandatory 14 CFR Part 39 This information may be examined at the FAA, by appointment, between 8 and issued AD 005–12–99, dated a.m. and 4:30 p.m., Monday through December 2, 1999; and AD 003–10– [Docket No. 2001–NE–02–AD; Amendment 2000, dated December 1, 2000, in order 39–12624; AD 2002–01–29] Friday, except Federal holidays, at the FAA, New England Region, Office of the to assure the airworthiness of these RR Regional Counsel, 12 New England Tay engines in the UK. RIN 2120–AA64 Executive Park, Burlington, MA; or at Bilateral Airworthiness Agreement the Office of the Federal Register, 800 Airworthiness Directives; Rolls-Royce, These engines are manufactured in North Capitol Street, NW., suite 700, plc. Models Tay 650–15 and 651–54 the UK, and are type certificated for Washington, DC. Turbofan Engines operation in the United States under the FOR FURTHER INFORMATION CONTACT: provisions of § 21.29 of the Federal AGENCY: Federal Aviation Keith Mead, Aerospace Engineer, Aviation Regulations (14 CFR 21.29) Administration, DOT. Engine Certification Office, FAA, Engine and the applicable bilateral ACTION: Final rule; request for and Propeller Directorate, 12 New airworthiness agreement. Pursuant to comments. England Executive Park, Burlington, MA this bilateral airworthiness agreement, 01803–5299; telephone (781) 238–7744; the CAA has kept the FAA informed of SUMMARY: This amendment adopts a fax (781) 238–7199. the situation described above. The FAA new airworthiness directive (AD) that is SUPPLEMENTARY INFORMATION: The Civil has examined the findings of the CAA, applicable to Rolls-Royce, plc (RR) Aviation Authority (CAA), which is the reviewed all available information, and models Tay 650–15 and 651–54 airworthiness authority for the United determined that AD action is necessary turbofan engines. This action requires Kingdom (UK), recently notified the for products of this type design that are borescope inspection of the high FAA that an unsafe condition may exist certificated for operation in the United pressure compressor (HPC) stage 12 disc on RR models Tay 650–15 and 651–54 States. assembly to detect damage caused by turbofan engines. The CAA advises that HPC outlet guide vane (OGV) retaining four cracked HPC stage 11/12 spacers FAA’s Determination of an Unsafe bolt failure, and replacement of have been found during engine Condition and Required Actions unserviceable parts with serviceable overhaul. Investigation has concluded Since an unsafe condition has been parts. This action also requires as that the spacer cracking results from identified that is likely to exist or terminating action, the incorporation of prior failures of the HPC OGV retaining develop on other RR models Tay 650– a new design retention arrangement for bolts. The separated OGV bolt material 15 and 651–54 turbofan engines of the the HPC OGV, to prevent HPC OGV is released into a cavity between the same type design, this AD is being retaining bolt failure. This amendment inner seal support assembly air seal and issued to prevent an uncontained failure is prompted by service reports of stage 12 rotor disc assembly, damaging of the HPC stage 11/12 disc spacer, cracked HPC stage 11/12 disc spacers. the disc assembly, resulting in high which could result in damage to the The actions specified in this AD are stresses and cracking of the HPC stage airplane. This AD requires: intended to prevent an uncontained 11/12 spacer. Loose object damage • Initial and repetitive borescope failure of the HPC stage 11/12 disc resulting from OGV retaining bolt inspections of the stage 12 rotor disc spacer, which could result in damage to material release is clearly visible during assembly for damage due to failed HPC the airplane. borescope inspection of the stage 12 OGV retaining bolts, and replacement DATES: Effective February 15, 2002. The rotor disc assembly rear face. Based on with serviceable parts as required. incorporation by reference of certain an engineering review, a redesign has • Introduction of revised retaining publications listed in the rule is been introduced to reduce the loading and locking features for the HPC OGV approved by the Director of the Federal on the OGV retaining bolts, introduced and outer seal spacer, to eliminate stage Register as of February 15, 2002. by mandatory service bulletin (SB) Tay- 12 rotor disc assembly damage and stage
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11/12 spacer cracking due to failed HPC effect on the States, on the relationship engines that have been modified, altered, or OGV retaining bolts. between the national government and repaired so that the performance of the The actions must be done in the States, or on the distribution of requirements of this AD is affected, the accordance with the service bulletins power and responsibilities among the owner/operator must request approval for an alternative method of compliance in described previously. various levels of government. accordance with paragraph (e) of this AD. Immediate Adoption of This AD Accordingly, the FAA has not consulted The request should include an assessment of with state authorities prior to the effect of the modification, alteration, or Since a situation exists that requires publication of this final rule. repair on the unsafe condition addressed by the immediate adoption of this The FAA has determined that this this AD; and, if the unsafe condition has not regulation, it is found that notice and regulation is an emergency regulation been eliminated, the request should include opportunity for prior public comment that must be issued immediately to specific proposed actions to address it. hereon are impracticable, and that good correct an unsafe condition in aircraft, Compliance cause exists for making this amendment and is not a ‘‘significant regulatory Compliance with this AD is required as effective in less than 30 days. Therefore, action’’ under Executive Order 12866. It a situation exists that allows the indicated, unless already done. has been determined further that this To prevent an uncontained failure of the immediate adoption of this regulation. action involves an emergency regulation HPC stage 11/12 disc spacer, which could Comments Invited under DOT Regulatory Policies and result in damage to the airplane, do the Procedures (44 FR 11034, February 26, following: Although this action is in the form of 1979). If it is determined that this Initial Inspection a final rule that involves requirements emergency regulation otherwise would affecting flight safety and, thus, was not be significant under DOT Regulatory (a) Perform borescope inspection to the preceded by notice and an opportunity rear side of the stage 12 rotor disc in Policies and Procedures, a final accordance with paragraph 3.A.(1) of the for public comment, comments are regulatory evaluation will be prepared invited on this rule. Interested persons Accomplishment Instructions of RR and placed in the Rules Docket. A copy Mandatory Service Bulletin (SB) Tay-72– are invited to comment on this rule by of it, if filed, may be obtained from the 1483, Revision 2, dated October 20, 2000, at submitting such written data, views, or Rules Docket at the location provided or before accumulating 8,000 cycles on the arguments as they may desire. under the caption ADDRESSES. OGV retaining bolts, or within 30 days from Communications should identify the the effective date of this AD, whichever Rules Docket number and be submitted List of Subjects in 14 CFR Part 39 occurs later. If damage is observed on the in triplicate to the address specified Air transportation, Aircraft, Aviation stage 12 rotor disc, replace unserviceable parts with serviceable parts as necessary. under the caption ADDRESSES. All safety, Incorporation by reference, communications received on or before Safety. Repetitive Inspections the closing date for comments will be Adoption of the Amendment (b) Thereafter, perform repetitive borescope considered, and this rule may be inspections of the rear side of the stage 12 amended in light of the comments Accordingly, pursuant to the rotor disc no earlier than 1,800 and no later received. Factual information that authority delegated to me by the than 2,200 cycles-since-last-inspection, or no supports the commenter’s ideas and Administrator, the Federal Aviation later than 18 months since-last-inspection, suggestions is extremely helpful in whichever occurs first, in accordance with Administration amends part 39 of the paragraph 3.A.(1) of the Accomplishment evaluating the effectiveness of the AD Federal Aviation Regulations (14 CFR action and determining whether Instructions of RR mandatory SB Tay-72– part 39) as follows: 1483, Revision 2, dated October 20, 2000. If additional rulemaking action would be damage is observed on the stage 12 rotor disc, needed. PART 39—AIRWORTHINESS replace unserviceable parts with serviceable Comments are specifically invited on DIRECTIVES parts as necessary. the overall regulatory, economic, environmental, and energy aspects of 1. The authority citation for part 39 OGV Retaining Bolt Replacement the rule that might suggest a need to continues to read as follows: (c) For engines that had OGV bolts replaced with new bolts P/N’s BLT3602, modify the rule. All comments Authority: 49 U.S.C. 106(g), 40113, 44701. submitted will be available, both before DU909, and DU818 as specified in RR SB § 39.13 [Amended] Tay-72–1484, the initial and repetitive and after the closing date for comments, inspection requirements, based on engine in the Rules Docket for examination by 2. Section 39.13 is amended by cycles-since-bolt installation, are the same as interested persons. A report that adding the following new airworthiness specified in paragraphs (a) and (b) of this AD. summarizes each FAA-public contact directive: Terminating Action for the Inspections concerned with the substance of this AD 2002–01–29 Rolls-Royce, plc: Amendment Required by This AD will be filed in the Rules Docket. 39–12624. Docket No. 2001–NE–02–AD. Commenters wishing the FAA to (d) Before October 1, 2005 for Tay 650–15 acknowledge receipt of their comments Applicability engines, and before October 1, 2012 for Tay 651–54 engines, install new design retaining This airworthiness directive (AD) is submitted in response to this action and locking hardware for the HPC OGV and applicable to Rolls-Royce, plc. (RR) models must submit a self-addressed, stamped outer seal housing assembly, in accordance postcard on which the following Tay 650–15 and 651–54 turbofan engines with paragraph 3 of the Accomplishment statement is made: ‘‘Comments to with high pressure compressor (HPC) outlet Instructions of RR mandatory SB Tay-72– guide vane (OGV) retaining bolts part Docket Number 2001–NE–02–AD.’’ The 1498, dated October 20, 2000, or RR numbers (P/N’s) BLT3602, DU909, and mandatory SB Tay-72–1498, Revision 1, postcard will be date stamped and DU818 installed. These engines are installed returned to the commenter. dated December 1, 2000. After performing on, but not limited to Boeing 727 and Fokker this action, the inspections specified in Regulatory Analysis F.28 Mark 0100 airplanes. paragraphs (a) through (c) of this AD are no Note 1: This AD applies to each engine longer required. This final rule does not have identified in the preceding applicability federalism implications, as defined in provision, regardless of whether it has been Alternative Methods of Compliance Executive Order 13132, because it modified, altered, or repaired in the area (e) An alternative method of compliance or would not have a substantial direct subject to the requirements of this AD. For adjustment of the compliance time that
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provides an acceptable level of safety may be Note 2: Information concerning the and 21.199) to operate the airplane to a used if approved by the Manager, Engine existence of approved alternative methods of location where the requirements of this AD Certification Office (ECO). Operators must compliance with this airworthiness directive, can be done. if any, may be obtained from the ECO. submit their requests through an appropriate Documents That Have Been Incorporated by FAA Principal Maintenance Inspector, who Special Flight Permits Reference may add comments and then send it to the (f) Special flight permits may be issued in (g) The inspections and replacements must Manager, ECO. accordance with §§ 21.197 and 21.199 of the be done in accordance with the following Federal Aviation Regulations (14 CFR 21.197 Rolls-Royce plc, mandatory SB’s:
Document No. Pages Revision Date
SB Tay-72–1483 ...... 1–4 2 ...... October 20, 2000. 5 Original ...... December 2, 1999. Appendix 1 ...... 1–4 2 ...... October 20, 2000. Appendix 2 ...... 1–2 2 ...... October 20, 2000. Total pages: 11. SB Tay-72–1498 ...... 1–38 Original ...... October 20, 2000. Total pages: 38. SB Tay-72–1498 ...... 1–38 1 ...... December 1, 2000 Total pages: 38.
The incorporations by reference were Heliport, MD. Development of an Area which in incorporated by reference in approved by the Director of the Federal Navigation (RNAV), Helicopter 14 CFR 71.1. The Class E airspace Register in accordance with 5 U.S.C. 552(a) RNAV137 approach, for the St. Mary’s designation listed in this document will and 1 CFR part 51. Copies may be obtained from Rolls-Royce plc, PO Box 31 Derby, DE24 Hospital Heliport, MD has made action be published in the Order. necessary. Controlled airspace 8BJ, United Kingdom; telephone 011–44– The Rule 1332–242424; fax 011–44–1332–249936. extending upward from 700 feet Above Copies may be inspected, by appointment, at Ground Level (AGL) is needed to This amendment to Part 71 of the the FAA, New England Region, Office of the contain aircraft executing the approach Federal Aviation Regulations (14 CFR Regional Counsel, 12 New England Executive to the St. Mary’s Hospital Heliport. Park, Burlington, MA; or at the Office of the part 71) provides controlled Class E EFFECTIVE DATE: 0901 UTC February 21, Federal Register, 800 North Capitol Street, airspace extending upward from 700 NW., suite 700, Washington, DC. 2002. feet above the surface for aircraft Note 3: The subject of This AD is FOR FURTHER INFORMATION CONTACT: Mr. conducting Instrument Flight Rules addressed in Civil Airworthiness Authority Francis Jordan, Airspace Specialist, (IFR) operations at the St. Mary’s airworthiness directives AD 005–12–99, Airspace Branch, AEA–520, Air Traffic Hospital Heliport, MD. dated December 2, 1999; and AD 003–10– Division, Eastern Region, Federal 2000, dated December 1, 2000, in order to Aviation Administration, 1 Aviation The FAA has determined that this assure the airworthiness of these RR Tay Plaza, Jamaica, New York 11434–4809, regulation only involves an established engines in the UK. telephone: (718) 553–4521. body of technical regulations for which frequent and routine amendments are Effective Date of This AD SUPPLEMENTARY INFORMATION: necessary to keep them operationally (h) This amendment becomes effective on History current. Therefore, this regulation: (1) Is February 15, 2002. On August 28, 2001 a notice not a ‘‘significant regulatory action’’ Issued in Burlington, Massachusetts, on proposing to amend Part 71 of the under Executive Order 12866; (2) is not January 18, 2002. Federal Aviation Regulations (14 CFR a ‘‘significant rule’’ under DOT Thomas A. Boudreau, part 71) by establishing Class E airspace Regulatory Policies and Procedures (44 Acting Manager, Engine and Propeller extending upward from 700 feet Above FR 11034; February 26, 1979); and (3) Directorate, Aircraft Certification Service. Ground Level (AGL) for an RNAV, does not warrant preparation of a [FR Doc. 02–2060 Filed 1–30–02; 8:45 am] Helicopter RNAV137 approach to the St. Regulatory Evaluation as the anticipated BILLING CODE 4910–13–P Mary’s Hospital Heliport, MD was impact is so minimal. Since this is a published in the Federal Register (44 routine matter that will only affect air FR 45200–45201). traffic procedures and air navigation it DEPARTMENT OF TRANSPORTATION Interested parties were invited to is certified that this rule will not have Federal Aviation Administration participate in this rulemaking significant economic impact on a proceeding by submitting written substantial number of small entities 14 CFR Part 71 comments on the proposal to the FAA under the criteria of the Regulatory on or before July 11, 2001. No comments Flexibility Act. [Airspace Docket No. 01–AEA–21FR] to the proposal were received. The rule is adopted as proposed. The coordinates List of Subjects in 14 CFR Part 71 Establishment of Class E Airspace; St. for this airspace docket are based on Mary’s Hospital Heliport, MD Airspace, Incorporation by reference, North American Datum 83. Navigation (air). AGENCY: Federal Aviation Class E airspace areas designations for Administration (FAA), DOT. airspace extending upward from 700 Adoption of the Amendment ACTION: Final rule. feet or more above the surface of the earth are published in paragraph 6005 of In consideration of the foregoing, the SUMMARY: This action establishes Class FAA order 7400.9J, dated August 31, Federal Aviation Administration E airspace at St. Mary’s Hospital 2001 and effective September 16, 2001, amends 14 CFR part 71 as follows:
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PART 71—[AMENDED] Division, Eastern Region, Federal List of Subjects in 14 CFR Part 71 Aviation Administration, 1 Aviation 1. The authority citation for 14 CFR Airspace, Incorporation by reference, Plaza, Jamaica, New York 11434–4809, Navigation (air). Part 71 continues to read as follows: telephone: (718) 553–4521. Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40113, SUPPLEMENTARY INFORMATION: 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– In consideration of the forging, the 1063 Comp., p. 389. History Federal Aviation Administration § 71.1 [Amended] On August 28, 2001 a notice amends 14 CFR part 71 as follows: proposing to amend Part 71 of the 2. The incorporation by reference in Federal Aviation Regulations (14 CFR PART 71—[AMENDED] 14 CFR 71.1 of Federal Aviation part 71) by establishing Class E airspace 1. The authority citation for 14 CFR Administration Order 7400.9J, Airspace extending upward from 700 feet Above Part 71 continues to read as follows: Designations and Reporting Points, Ground Level (AGL) for an RNAV, dated August 31, 2001 and effective Helicopter RNAV036 approach to the Authority: 49 U.S.C. 106(g), 40103, 40113, September 16, 2001, is amended as Easton Memorial Hospital Heliport, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– follows: Easton, MD, was published in the 1963 Comp., p. 389. Paragraph 6005 Class E airspace areas Federal Register (66 FR 45198–45199). § 71.1 [Amended] extending upward from 700 feet or more Interested parties were invited to above the surface of the earth. 2. The incorporation by reference in participate in this rulemaking 14 CFR 71.1 of Federal Aviation AEA MD E5, St. Mary’s Hospital [NEW] proceeding by submitting written Administration Order 7400.9J, Airspace St. Mary’s Hospital Heliport comments on the proposal to the FAA Designations and Reporting Points, (Lat. 38°18′04″ N., long. 76°38′12″ W.) on or before September 27, 2001. No dated August 31, 2001, and effective Point in Space Coordinates comments to the proposal were ° ′ ″ ° ′ ″ September 16, 2001, is amended as (Lat. 38 19 32 N., long. 76 40 27 W.) received. The rule is adopted as follows: That airspace extending upward from 700 proposed. The coordinates for this feet above the surface within a 6 mile radius airspace docket are based on North Paragraph 6005 Class E airspace areas of the point in space for the SIAP to the St. American Datum 83. extending upward from 700 feet or more Mary’s Hospital Heliport. Class E airspace areas designations for above the surface of the earth. Issued in Jamaica, New York on October airspace extending upward from 700 AEA MD E5, Easton Memorial Hospital 29, 2001. feet or more above the surface of the [NEW] Richard J. Ducharme, earth are published in paragraph 6005 of Easton Memorial Hospital Heliport ° ′ ″ ° ′ ″ Assistant Manager, Air Traffic Division, FAA Order 7400.9J, dated August 31, (Lat. 38 46 08 N., long. 76 04 22 W.) Eastern Region. 2001 and effective September 16, 2001, Point in Space Coordinates (Lat. 38°46′18″ N., long. 76°06′10″ W.) [FR Doc. 02–1005 Filed 1–30–02; 8:45 am] which is incorporated by reference in 14 That airspace extending upward from 700 BILLING CODE 4910–13–M CFR 71.1. The Class E airspace designation listed in this document will feet above the surface within a 6 mile radius be published in the Order. of the point in space for the SIAP to the Easton Memorial Hospital Heliport, Easton, DEPARTMENT OF TRANSPORTATION The Rule MD. Federal Aviation Administration This amendment to Part 71 of the Issued in Jamaica, New York on October Federal Aviation Regulations (14 CFR 29, 2001. 14 CFR Part 71 part 71) provides controlled Class E Richard J. Ducharme, Assistant Manager, Air Traffic Division, [Airspace Docket No. 01–AEA–22FR] airspace extending upward from 700 feet above the surface for aircraft Eastern Region. Establishment of Class E Airspace; conducting Instrument Flight Rules [FR Doc. 02–1006 Filed 1–30–02; 8:45 am] Easton Memorial Hospital Heliport, MD (IFR) operations at the Easton Memorial BILLING CODE 4910–13–M Hospital Heliport, Easton, MD. AGENCY: Federal Aviation The FAA has determined that this Administration (FAA), DOT. regulation only involves an established DEPARTMENT OF TRANSPORTATION ACTION: Final rule. body of technical regulations for which Federal Aviation Administration frequent and routine amendments are SUMMARY: This action establishes Class necessary to keep them operationally 14 CFR Part 71 E airspace at Easton Memorial Hospital current. Therefore, this regulation: (1) Is Heliport, Easton, MD. Development of not a ‘‘significant regulatory action’’ [Airspace Docket No. 01–AWP–29] an Area Navigation (RNAV), Helicopter under Executive Order 12866; (2) is not RNAV036 approach, for the Easton a ‘‘significant rule’’ under DOT Amendment of Honolulu Class E5 Memorial Hospital Heliport, MD has Regulatory Policies and Procedures (44 Airspace Area Legal Description made this action necessary. Controlled FR 11034; February 26, 1979); and (3) AGENCY: Federal Aviation airspace extending upward from 700 does not warrant preparation of a feet Above Ground Level (AGL) is Administration (FAA) DOT. Regulatory Evaluation as the anticipated ACTION: Final rule. needed to contain aircraft executing the impact is so minimal. Since this a approach to the Easton Memorial routine matter that will only affect air SUMMARY: This rule amends the legal Hospital Heliport. traffic procedures and air navigation it description of the Honolulu EFFECTIVE DATE: 0901 UTC February 21, is certified that this rule will not have International Airport Class E5 airspace 2002. significant economic impact on a area. The amended description replaces FOR FURTHER INFORMATION CONTACT: Mr. substantial number of small entities all references to Naval Air Station (NAS) Francis Jordan, Airspace Specialist, under the criteria of the Regulatory Barbers Point with Kalaeloa, John Airspace Branch, AEA–520, Air Traffic Flexibility Act. Rogers Field.
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EFFECTIVE DATE: 0901 UTC, February 21, Adoption of the Amendment Issued in Los Angeles, California, on 2002. November 14, 2001. In consideration of the foregoing, the Dawna J. Vicars, FOR FURTHER INFORMATION CONTACT: Debra Trindle, Airspace Specialist, Federal Aviation Administration Acting Manager, Air Traffic Division, Airspace Branch, AWP–520.10, Air amends 14 CFR part 71 as follows: Western-Pacific Region. Traffic Division, Western-Pacific [FR Doc. 02–862 Filed 1–30–02; 8:45 am] PART 71—DESIGNATION OF CLASS A, BILLING CODE 4910–13–M Region, Federal Aviation CLASS B, CLASS C, CLASS D AND Administration, 15000 Aviation CLASS E AIRSPACE AREAS; Boulevard, Lawndale, California 90261, AIRWAYS; ROUTES; AND REPORTING DEPARTMENT OF TRANSPORTATION telephone (310) 725–6613. POINTS SUPPLEMENTARY INFORMATION: Coast Guard 1. The authority citation for 14 CFR History part 71 continues to read as follows: 33 CFR Parts 100 and 165 In 1999, the United States Navy Authority: 49 U.S.C. 106(g), 40103, 40113, [COTP Honolulu 01–008] vacated NAS Barbers Point under the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– mandates of the Base Realignment and 1963 Comp., p. 389. RIN 2115–AA97 and 2115–AA98 Closure Act. The airport was renamed Kalaeloa, John Rogers Field on § 71.1 [Amended] Security Zones; Oahu, Maui, HI, and September 9, 1999. The existing legal 2. The incorporation by reference in Kauai, HI description for the Honolulu 14 CFR 71.1 of the Federal Aviation AGENCY: Coast Guard, DOT. International Airport Class E5 airspace Administration Order 7400.9J, Airspace area still refers to NAS Barbers Point. Designations and Reporting Points, ACTION: Temporary final rule. This rule amends that description to dated August 31, 2001, and effective reflect the correct name of Kalaeloa, SUMMARY: The Coast Guard is September 16, 2001, is amended as establishing security zones in John Rogers Field. It does not change follows: the dimensions, configuration, or designated waters adjacent to the operating requirements of the affected Paragraph 6005 Class E airspace areas islands of Oahu, Maui, Hawaii, and airspace. extending upward from 700 feet or more Kauai, HI for a period of six months. above the surface of the earth. Class E5 airspace is published in These security zones are necessary to Paragraph 6005 of FAA Order 7400.9J, * * * * * protect personnel, vessels, and facilities Airpsace Designations and Reporting from acts of sabotage or other subversive AWP HI E5 Honolulu International acts, accidents, or other causes of a Points, dated August 31, 2001 and Airport, HI [Revised] effective September 16, 2002, which is similar nature during operations and Honolulu International Airport, HI will extend from the surface of the water incorporated by reference in 14 CFR (Lat. 21°19′08″ N., long. 157°55′21″ W.) 71.1. The Class E5 airspace designation to the ocean floor. When the zones are Kalaeloa John Rogers Field activated, entry into these zones is listed in this document would be ° ′ ″ ° ′ ″ (Lat. 21 18 21 N., long. 158 04 20 W.) prohibited unless authorized by the published subsequently in this Order. Honolulu VORTAC ° ′ ″ ° ′ ″ Coast Guard Captain of the Port The Rule (Lat. 21 18 30 N., long. 157 55 50 W.) Honolulu, HI. This rule also terminates That airspace extending upward from 700 a previous rule published October 17, This amendment to 14 CFR part 71 of feet above the surface south and southeast of 2001 creating security zones in these the Federal Aviation Regulations amend Honolulu International Airport beginning at areas until March 22, 2002. the Class E5 airspace for Honolulu. lat. 21°20′19″ N., long. 157°51′05″ W., thence DATES: This rule is effective from 6 a.m. The FAA has determined that this south to lat. 21°15′19″ N., long. 157°49′05″ regulation only involves an established W., thence east along the shoreline to where HST October 19, 2001, to 4 p.m. HST body of technical regulations for which the shoreline intercepts the Honolulu April 19, 2002. 33 CFR 165.T14–058 frequent and routine amendments are VORTAC 15-mile radius, then clockwise published October 17, 2001 (66 FR necessary to keep them operationally along the 15-mile radius of the Honolulu 52693), is terminated. current. Therefore, this regulation—(1) VORTAC to intercept the Honolulu VORTAC ADDRESSES: The docket for this ° is no a ‘‘significant regulatory action’’ 241 radial, then northeast bound along the rulemaking is maintained by the ° under Executive Order 12866; (2) is not Honolulu VORTAC 241 radial to intercept Commanding Officer, U.S. Coast Guard a ‘‘significant rule’’ under DOT the 4.3-mile radius south of Kalaeloa John Marine Safety Office Honolulu, 433 Ala Regulatory Policies and Procedures (44 Rogers Field, then counterclockwise along Moana Blvd., Honolulu, Hawaii 96813. the arc of the 4.3-mile radius of Kalaeloa John FR 11034; February 26, 1979); and (3) Docket material is available for Rogers Field to and counterclockwise along inspection or copying at this location does not warrant preparation of a the arc of a 5-mile radius of the Honolulu Regulatory Evaluation as the anticipated ° between 7 a.m. and 4:30 p.m. on VORTAC to the Honolulu VORTAC 106 weekdays, except Federal holidays. impact is so minimal. Since this is a radial, then westbound along the Honolulu routine matter that will only affect air 106° radial to the 4-mile radius of the FOR FURTHER INFORMATION CONTACT: traffic procedures and air navigation, it Honolulu VORTAC, then counterclockwise LCDR M. A. Willis, Coast Guard Marine is certified that this rule would not have along the 4-mile radius to intercept the Safety Office Honolulu, Hawaii at (808) a significant economic impact on a Honolulu VORTAC 071° radial, thence to the 522–8260. substantial number of small entities point of beginning and that airspace SUPPLEMENTARY INFORMATION: under the criteria of the Regulatory beginning at lat. 21°10′25″ N., long. Flexibility Act. 158°11′22″ W., to lat. 21°16′05″ N., long. Regulatory Information 158°14′35″ W.; to lat. 21°16′30″ N., long. List of Subjects 14 CFR Part 71 Recent terrorist incidents in New 158°13′46″ W.; to lat. 21°16′50″ N., long. York and Washington, DC have called Airspace, Incorporation by reference, 158°00′00″ W., to the point of beginning. for the implementation of additional Navigation (air). * * * * * measures to protect the national
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security. These temporary rules are procedures of DOT is unnecessary. This or on the distribution of power and intended to provide for the safety and expectation is based on the temporary responsibilities between the Federal security of the public, maritime duration of the zone and the limited Government and Indian tribes. commerce, and transportation, by geographic area affected by it. Taking of Private Property creating security zones in designated Small Entities harbors, anchorages, facilities, and This rule will not affect a taking of adjacent navigable waters of the United Under the Regulatory Flexibility Act private property or otherwise have States. As authorized by 5 U.S.C. 553, (5 U.S.C. 601–612), we considered taking implications under Executive we did not publish a notice of proposed whether this rule would have a Order 12630, Governmental Actions and rulemaking (NPRM) for this regulation significant economic impact on a Interference with Constitutionally and there is good cause for us to make substantial number of small entities. Protected Property Rights. the rule effective in less than 30 days The term ‘‘small entities’’ comprises after publication in the Federal small businesses, not-for-profit Civil Justice Reform Register. Publishing an NPRM and organizations that are independently This rule meets applicable standards delaying this rule from becoming owned and operated and are not in sections 3(a) and 3(b)(2) of Executive effective would be contrary to the public dominant in their fields, and Order 12988, Civil Justice Reform, to interest since immediate action is governmental jurisdictions with minimize litigation, eliminate needed to protect persons, vessels, and populations of less than 50,000. The ambiguity, and reduce burden. facilities in various areas on the islands Coast Guard certifies under 5 U.S.C. of Oahu, Maui, Hawaii, and Kauai, HI. 605(b) that this regulation will not have Protection of Children There was insufficient time to publish a a significant economic impact on a We have analyzed this rule under proposed rule in advance of the event or substantial number of small entities. No Executive Order 13045, Protection of to provide a delayed effective date. small business impacts are anticipated Children from Environmental Health Under these circumstances, following due to the small size of the zone and the Risks and Safety Risks. This rule is not normal rulemaking procedures would short duration of the security zone in an economically significant rule and be impracticable. any one area. does not concern an environmental risk Background and Purpose Assistance for Small Entities to health or risk to safety that may The Coast Guard is establishing Because we did not anticipate any disproportionately affect children. designated security zones in the waters small business impacts, we did not offer Environment adjacent to the islands of Oahu, Maui, assistance to small entities in Hawaii, and Kauai, HI for a period of understanding the rule. The Coast Guard considered the six-months. These security zones are environmental impact of this action and necessary to protect personnel, vessels, Collection of Information concluded that, under figure 2–1, and facilities from acts of sabotage or This rule calls for no new collection paragraph (34)(g) of Commandant other subversive acts, accidents, or other of information under the Paperwork Instruction M16475.1D, this rule is causes of a similar nature during Reduction Act of 1995 (44 U.S.C. 3501– categorically excluded from further operations. These security zones extend 3520 et seq.). environmental documentation. As an from the surface of the water to the emergency action, the environmental ocean floor. Entry into these zones is Federalism analysis requisite regulatory prohibited unless authorized by the The Coast Guard has analyzed this consultations, and categorical exclusion Coast Guard Captain of the Port rule under Executive Order 13132, and determination, will be prepared and Honolulu, HI. Representatives of the has determined this rule does not have submitted after establishment of this Captain of the Port Honolulu will implications for federalism under that temporary security zone, and will be enforce these security zones. The Order. available for inspection or copying Captain of the Port may be assisted by where indicated under addresses. other federal or state agencies. Unfunded Mandates Reform Act List of Subjects Periodically, by Broadcast Notice to The Unfunded Mandates Reform Act Mariners, the Coast Guard will of 1995 (2 U.S.C. 1531–1538) governs 33 CFR Part 110 announce the existence or status of the the issuance of Federal regulations that temporary security zones in this rule. require unfunded mandates. An Anchorage grounds. unfunded mandate is a regulation that 33 CFR Part 165 Regulatory Evaluation requires a State, local, or tribal This temporary final rule is not a government or the private sector to Harbors, Marine safety, Navigation significant regulatory action under incur direct costs without the Federal (water), Reporting and recordkeeping section 3(f) of Executive Order 12866 Government having first provided the requirements, Security measures, and does not require an assessment of funds to pay those unfunded mandate Waterways. potential costs and benefits under costs. This rule will not impose an For the reasons set out in the section 6(a)(3) of that order. The Office unfunded mandate. preamble, the Coast Guard amends 33 of Management and Budget has not CFR parts 110 and 165 as follows: reviewed it under that order. It is not Indian Tribal Governments significant under the regulatory policies This rule does not have tribal PART 110—ANCHORAGE and procedures of the Department of implications under Executive Order REGULATIONS Transportation (DOT) (44 FR 11040, 13175, Consultation and Coordination February 26, 1979). The U.S. Coast with Indian Tribal Governments, 1. The authority citation for part 110 Guard expects the economic impact of because it does not have a substantial continues to read as follows: this action to be so minimal that a full direct effect on one or more Indian Authority: 33 U.S.C. 471, 1221 through Regulatory Evaluation under paragraph tribes, on the relationship between the 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 10(e) of the regulatory policies and Federal Government and Indian tribes, CFR 1.05–1(g).
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2. From 6 a.m. October 19, 2001, until (i) Lahaina Small Boat Harbor, Maui, inspection or copying at the Coast 4 p.m. April 19, 2002, in § 110.235, add between Makila Point and Puunoa Guard Marine Safety Office, 2716 North a new paragraph (c) to read as follows: Point. Harbor Drive, San Diego, CA 92101– (ii) Kailua-Kona Small Boat Harbor, 1064 between 7:30 a.m. and 4 p.m., § 110.235 Pacific Ocean (Mamala Bay), Hawaii, between Keahulolu Point and Monday through Friday, except Federal Honolulu Harbor, Hawaii (Datus: NAD 83) Puapuaa Point. holidays. * * * * * (b) Designated representative. A FOR FURTHER INFORMATION CONTACT: (c) Before entering in the anchorage designated representative of the Captain Lieutenant Christopher Hochschild, grounds in this section, you must first of the Port is any Coast Guard Vessel Traffic Management Section, obtain permission from the Captain of commissioned officer, warrant or petty 11th Coast Guard District, telephone the Port Honolulu. officer that has been authorized by the (510) 437–2940; e-mail: Captain of the Port Honolulu to act on PART 165—REGULATED NAVIGATION [email protected]. his behalf. The following officers have AREAS AND LIMITED ACCESS AREAS SUPPLEMENTARY INFORMATION: or will be designated by the Captain of 3. The authority citation for part 165 the Port Honolulu: The senior Coast Regulatory History continues to read as follows: Guard boarding officer on each vessel On June 13, 2001, the Coast Guard enforcing the security zone. published a notice of proposed Authority: 33 U.S.C. 1231; 50 U.S.C. 191, (c) Regulations. rulemaking (NPRM) entitled Security 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5, 49 (1) In accordance with the general Zone; Naval Supply Center Pier, San CFR 1.46. regulations in § 165.33 of this part, entry Diego Bay, CA in the Federal Register into these zones is prohibited unless § 165.T14–058 [Removed] (66 FR 31870). The Coast Guard did not authorized by the Captain of the Port or 4. Remove § 165.T14–058. receive any letters commenting on the his designated representatives. proposed rule. No public hearing was 5. From 6 a.m. October 19, 2001, until (2) The existence or status of the requested, and none was held. Since 4 p.m. April 19, 2002, a new § 165.T14– temporary security zones in this section publication of the NPRM, the Navy has 061 is temporarily added to read as will be announced periodically by notified the Coast Guard that it has follows: Broadcast Notice to Mariners. (d) Authority. The authority for this changed the name of the pier from the § 165.T14–061 Security Zones: Oahu, section is 33 U.S.C. 1226; 49 CFR 1.46. Naval Supply Center Pier to the Fleet Maui, Hawaii, and Kauai, HI. (e) Effective dates: This section is Industrial Supply Center Pier. (a) Location. The following areas are effective from 6 a.m. HST October 19, In keeping with the requirements of 5 security zones: 2001, until 4 p.m. HST April 19, 2002. U.S.C. 553(d)(3), the Coast Guard finds (1) All waters of Honolulu Harbor and that good cause exists for making this entrance channel, Keehi Lagoon, and Dated: October 19, 2001. regulation effective immediately. The General Anchorages A, B, C, and D as R. D. Utley, Coast Guard balanced the necessity for defined in 33 CFR 110.235 that are Rear Admiral, Coast Guard Commander, immediate implementation against the shoreward of the following coordinates: Fourteenth Coast Guard District. principles of fundamental fairness The shoreline of a line connecting [FR Doc. 02–2356 Filed 1–30–02; 8:45 am] which require that all effected persons 21°17.68′ N, 157°52.0′ W; thence due BILLING CODE 4910–15–P be afforded a reasonable time to prepare south to 21°16.0′ N, 157°52.0′ W; thence for the effective date of the rule. In light due west to 21°16.0′ N, 157°55.58′ W; of the events of September 11, 2001, the thence due north to Honolulu DEPARTMENT OF TRANSPORTATION Coast Guard believes it is in the national interest to immediately implement the International Airport Reef Runway at Coast Guard 21°18.25′ N, 157°55.58′ W. rule to provide for security zone coverage around the pier. The Coast (2) The waters around the Tesoro 33 CFR Part 165 Single Point Mooring extending 1,000 Guard further believes that it has yards in all directions from position [CGD11–01–008] provided the public adequate notice and ° ′ ° ′ time to adapt to the security zone’s 21 16.2 N, 158 05.3 W. RIN 2115–AA97 (3) The Kahului Harbor and Entrance implementation through the NPRM. In Channel, Maui, HI consisting of all Security Zone; Naval Supply Center addition, the California Coastal waters shoreward of the COLREGS Pier, San Diego Bay, CA Commission, in its Coast Zone DEMARCATION line. (See 33 CFR Management Act Determination of 80.1460). AGENCY: Coast Guard, DOT. October 16, 2001 discussed the minimal (4) All waters within the Nawiliwili ACTION: Final rule. impact the zone will have on the public: Harbor, Kauai, HI shoreward of the ‘‘These areas [including the subject COLREGS DEMARCATION line (See 33 SUMMARY: The Coast Guard is creating a security zone] are not typically used for CFR 80.1450). permanent security zone around the recreational or commercial boating, and (5) All waters of Port Allen Harbor, Fleet Industrial Supply Center (formerly the restrictions will not adversely affect Kauai, HI shoreward of the COLREGS the Naval Supply Center) Pier at Naval navigation or boating in San Diego Bay.’’ DEMARCATION line (See 33 CFR Base, San Diego, at the request of the The Coast Guard was delayed slightly in 80.1440). U.S. Navy. The establishment of this implementing this final rule because the (6) Hilo Harbor and Entrance Channel, security zone is needed to ensure the attacks on the World Trade Center in Hawaii, HI consisting of all waters physical protection of naval vessels New York and the Pentagon in shoreward of the COLREGS moored at the Fleet Industrial Supply Washington, DC caused the Coast Guard DEMARCATION line (See 33 CFR Center pier. and the Navy to re-examine the whole 80.1480). DATES: This rule becomes effective scheme of security zones contemplated (7) The waters extending out 500 December 17, 2001. for San Diego to ensure they adequately yards in all directions from cruise ship ADDRESSES: Documents as indicated in met force protection and national vessels anchored within 3 miles of this preamble are available for defense needs.
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Background and Purpose Center Pier. Also, to reflect a name Taking of Private Property The Coast Guard is creating a change resulting from the Navy’s 1998 This rule will not effect a taking of permanent security zone around the regionalization process, the Coast Guard private property or otherwise have newly-named Fleet Industrial Supply has made the following minor technical taking implications under Executive Center Pier at Naval Base, San Diego amendment to the final rule which did Order 12630, Governmental Actions and (formerly known as the Naval Supply not appear in the NPRM: In paragraph Interference with Constitutionally Center Pier). The security zone consists (b) of the final rule, Commanding Protected Property Rights. Officer, Naval Base San Diego has been of the waters of San Diego Bay Civil Justice Reform extending approximately 100 feet out re-named as the Commander, Navy from the north, west, and south sides of Region Southwest. This rule meets applicable standards the Fleet Industrial Supply Center Pier. Regulatory Evaluation in sections 3(a) and 3(b)(2) of Executive Currently, there is a restricted area Order 12988, Civil Justice Reform, to This rule is not a ‘‘significant around the Fleet Industrial Supply minimize litigation, eliminate regulatory action’’ under section 3(f) of Center Pier, 33 CFR 334.870(d). The ambiguity, and reduce burden. Executive Order 12866, Regulatory Navy believes that this restricted area, Planning and Review, and does not Protection of Children by itself, is insufficient to adequately require an assessment of potential costs We have analyzed this rule under safeguard its vessels. The Navy has been and benefits under section 6(a)(3) of that Executive Order 13045, Protection of reviewing all aspects of its anti- Order. The Office of Management and Children from Environmental Health terrorism and force protection posture Budget has not reviewed it under that Risks and Safety Risks. This rule is not in response to the attack on the USS Order. It is not ‘‘significant’’ under the an economically significant rule and COLE. The attacks of September 11, regulatory policies and procedures of does not create an environmental risk to 2001 and the heightened state of the Department of Transportation health or risk to safety that may military alert resulting therefrom add (DOT)(44 FR 11040, February 26, l979). disproportionately affect children. substantial urgency to the creation of This rule will have minimal additional this security zone. The creation of this Indian Tribal Governments impact on vessel traffic because it is security zone will help safeguard already a restricted area codified at 33 This rule does not have tribal vessels moored at the Fleet Industrial CFR 334.870. implications under Executive Order Supply Center and waterside facilities 13175, Consultation and Coordination from destruction, loss, or injury from Small Entities with Indian Tribal Governments, sabotage or other subversive acts, Under the Regulatory Flexibility Act because it does not have a substantial accidents, or other causes of a similar (5 U.S.C. 601–612), we have considered direct effect on one or more Indian nature. whether this rule would have a tribes, on the relationship between the The creation of this security zone will significant economic impact on a Federal Government and Indian tribes, also prevent recreational and substantial number of small entities. or on the distribution of power and commercial craft from interfering with The term ‘‘small entities’’ comprises responsibilities between the Federal military operations involving naval small businesses, not-for-profit Government and Indian tribes. vessels and it will protect transiting organizations that are independently Energy Effects recreational and commercial vessels, owned and operated and are not and their respective crews, from the dominant in their fields, and We have analyzed this rule under navigational hazards posed by such governmental jurisdictions with Executive Order 13211, Actions military operations. Unlike the current populations of less than 50,000. The Concerning Regulations That restricted area, under this proposed rule Coast Guard certifies under 5 U.S.C. Significantly Affect Energy Supply, entry into, transit through, or anchoring 605(b) that this rule will not have a Distribution, or Use. We have within this security zone would be significant economic impact on a determined that it is not a ‘‘significant prohibited unless authorized by the substantial number of small entities. energy action’’ under that order because Captain of the Port, or the Commander, it is not a ‘‘significant regulatory action’’ Navy Region Southwest. Collection of Information under Executive Order 12866 and is not Vessels or persons violating this This rule calls for no new collection likely to have a significant adverse effect section would be subject to the penalties of information under the Paperwork on the supply, distribution, or use of set forth in 50 U.S.C. 192 and 18 U.S.C. Reduction Act (44 U.S.C. 3501–3520). energy. It has not been designated by the 3571: seizure and forfeiture of the Administrator of the Office of vessel, a monetary penalty of not more Federalism Information and Regulatory Affairs as a than $250,000, and imprisonment for The Coast Guard has analyzed this significant energy action. Therefore, it not more than 10 years. rule under Executive Order 13132 and does not require a Statement of Energy The U.S. Coast Guard may be assisted has determined that it does not have Effects under Executive Order 13211. in the patrol and enforcement of this implications for federalism. security zone by the U.S. Navy. Environment Unfunded Mandates Reform Act We considered the environmental Discussion of Comments and Changes The Unfunded Mandates Reform Act impact of this rule and concluded that No comments were received during of 1995 (2 U.S.C. 1531–1538) governs under figure 2–1, paragraph (34)(g) of the NPRM comment period. the issuance of Federal regulations that Commandant Instruction M16475.lD, To reflect the pier’s name change, the require unfunded mandates. An this rule is categorically excluded from Coast Guard has made the following unfunded mandate is a regulation that further environmental documentation. minor technical amendments to the requires State, local, or tribal This rule creates a security zone on top final rule that did not appear in the government or the private sector to of an already existing restricted area. NPRM: In paragraph (a) of the final rule, incur direct costs without the Federal The rules are only slightly different and the Naval Supply Center Pier has been Government’s having first provided the the physical characteristics of the re-named as the Fleet Industrial Supply funds to pay those costs. surrounding waters does not change at
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all. A Categorical Exclusion DEPARTMENT OF TRANSPORTATION implement the rule to avoid any gap in Determination and an Environmental security zone coverage. The Coast Guard Analysis Checklist are available in the Coast Guard further believes that it has provided the docket at the location specified under public adequate notice and time to the ADDRESSES portion of this 33 CFR Part 165 adapt to the security zone’s implementation through the NPRM and rulemaking. [CGD11–01–011] the Navy’s placement of small buoys List of Subjects in 33 CFR Part 165 RIN 2115–AA97 marking the zone. In addition, the California Coastal Commission, in its Harbors, Marine safety, Navigation Security Zone; Naval Amphibious Coast Zone Management Act (water), Reporting and recordkeeping Base, San Diego Bay, CA Determination of October 16, 2001 requirements, Security measures, discussed the minimal impact the zone AGENCY: Coast Guard, DOT. Waterways. will have on the public: ‘‘These areas ACTION: Final rule. For the reasons discussed in the [including the subject security zone] are not typically used for recreational or preamble, the Coast Guard amends 33 SUMMARY: The Coast Guard is creating a commercial boating, and the restrictions CFR part 165 as follows: permanent security zone around the will not adversely affect navigation or Naval Amphibious Base, Coronado, boating in San Diego Bay.’’ PART 165—REGULATED NAVIGATION California, at the request of the U.S. AREAS AND LIMITED ACCESS AREAS The Coast Guard was delayed slightly Navy. This security zone will be in implementing this final rule because established inside an already exiting the attacks on the World Trade Center 1. The authority citation for 33 CFR restricted area defined by the U.S. Navy part 165 continues to read as follows: in New York and the Pentagon in maintained buoys. The establishment of Washington, DC caused the Coast Guard Authority: [33 U.S.C. 1231; 50 U.S.C. 191, this security zone is needed to ensure and the Navy to re-examine the whole 33 CFR 1.05–1(g) 6.04–1, 6.04–6, 160.5; 49 the physical protection of naval vessels scheme of security zones contemplated CFR 1.46.] and their activities at Naval Amphibious for San Diego to ensure they adequately Base, Coronado. 2. A new § 165.1121 is added to read met force protection and national DATES: This rule becomes effective as follows: defense needs. December 17, 2001. Background and Purpose § 165.1121 Security Zone: Fleet Supply ADDRESSES: Documents as indicated in Center Industrial Pier, San Diego, CA. this preamble are available for The Coast Guard is creating a permanent security zone around the (a) Location. The following area is a inspection or copying at the Coast Guard Marine Safety Office, 2716 North Naval Amphibious Base, Coronado, security zone: the waters of San Diego Harbor Drive, San Diego, CA 92101– California, at the request of the U.S. Bay extending approximately 100 feet 1064 between 7:30 a.m. and 4 p.m., Navy. The security zone will consist of from the north, west, and south sides of Monday through Friday, except Federal the waters of San Diego Bay around the the Fleet Industrial Supply Center holidays. perimeter of the Naval Amphibious enclosed by lines connecting the Base, extending approximately 100 FOR FURTHER INFORMATION CONTACT: following points: Beginning at 32°42′50″ yards out. Lieutenant Christopher Hochschild, N, 117°10′25″ W (Point A); to 32°42′50″ Currently, there is a restricted area Vessel Traffic Management Section, N, 117°10′38″ W (Point B); to 32°42′54″ around the Naval Amphibious Base, 33 ° ′ ″ ° ′ ″ 11th Coast Guard District, telephone CFR 334.860. The Navy believes that N, 117 10 38 W (Point C); to 32 42 54 (510) 437–2940; e-mail: N, 117°10′25″ W (Point D). this restricted area, by itself, is [email protected]. insufficient to adequately safeguard its (b) Regulations. In accordance with SUPPLEMENTARY INFORMATION: vessels and the military operations the general regulations in § 165.33, entry involving the base. The Navy has been Regulatory History into the area of this zone is prohibited reviewing all aspects of its anti- unless authorized by the Captain of the On June 13, 2001, the Coast Guard terrorism and force protection posture Port or the Commander, Navy Region published a notice of proposed in response to the attack on the USS Southwest. Section 165.33 also contains rulemaking (NPRM) entitled Security COLE. The attacks of September 11, other general requirements. Zone; Naval Amphibious Base, San 2001 and the heightened state of (c) Enforcement. The U.S. Coast Diego Bay, CA in the Federal Register military alert resulting therefrom add Guard may be assisted in the patrol and (66 FR 31872). The Coast Guard did not substantial urgency to the creation of enforcement of this security zone by the receive any letters commenting on the this security zone. This security zone U.S. Navy. proposed rule. No public hearing was will safeguard vessels moored at the requested, and none was held. Naval Amphibious Base and waterside Dated: December 17, 2001. In keeping with the requirements of 5 facilities from destruction, loss, or E.R. Riutta, U.S.C. 553(d)(3), the Coast Guard finds injury from sabotage or other subversive Vice Admiral, U.S. Coast Guard, Commander, that good cause exists for making this acts, accidents, or other causes of a Eleventh Coast Guard District. regulation effective immediately. The similar nature. [FR Doc. 02–2361 Filed 1–30–02; 8:45 am] Coast Guard balanced the necessity for The creation of this security zone will BILLING CODE 4910–15–P immediate implementation against the also prevent recreational and principles of fundamental fairness commercial craft from interfering with which require that all effected persons military operations involving naval be afforded a reasonable time to prepare vessels and it will protect transiting for the effective date of the rule. recreational and commercial vessels, In light of the events of September 11, and their respective crews, from the 2001, the Coast Guard believes it is in navigational hazards posed by such the national interest to immediately military operations. Unlike the current
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restricted area regulation, this security have a significant economic impact on Energy Effects zone regulation will not allow vessels to a substantial number of small entities. The Coast Guard has analyzed this transit through or anchor in the security Collection of Information rule under Executive Order 13211, zone unless authorized by the Captain Actions Concerning Regulations That of the Port, the Commander, Navy This final rule calls for no new Significantly Affect Energy Supply, Region Southwest. collection of information under the Distribution, or Use and has determined Vessels or persons violating this Paperwork Reduction Act (44 U.S.C. that it is not a ‘‘significant energy section would be subject to the penalties 3501–3520). action’’ under that order because it is set forth in 50 U.S.C. 192 and 18 U.S.C. Federalism not a ‘‘significant regulatory action’’ 3571: seizure and forfeiture of the under Executive Order 12866 and is not vessel, a monetary penalty of not more The Coast Guard has analyzed this likely to have a significant adverse effect than $250,000, and imprisonment for final rule under Executive Order 13132 on the supply, distribution, or use of not more than 10 years. and has determined that it does not energy. It has not been designated by the The U.S. Coast Guard may be assisted have implications for federalism. Administrator of the Office of in the patrol and enforcement of this Information and Regulatory Affairs as a Unfunded Mandates Reform Act security zone by the U.S. Navy. significant energy action. Therefore, it Discussion of Comments and Changes The Unfunded Mandates Reform Act does not require a Statement of Energy of 1995 (2 U.S.C. 1531–1538) governs Effects under Executive Order 13211. No comments were received during the issuance of Federal regulations that Environment the notice of proposed rulemaking’s require unfunded mandates. An comment period. unfunded mandate is a regulation that The Coast Guard considered the To reflect a naming change resulting requires State, local, or tribal environmental impact of this rule and from the Navy’s 1998 regionalization government or the private sector to concluded that under figure 2–1, process, the Coast Guard has made the incur direct costs without the Federal paragraph (34)(g) of Commandant following minor technical amendment Government’s having first provided the Instruction M16475.lD, this rule is to the final rule which did not appear funds to pay those costs. This final rule categorically excluded from further in the NPRM: In paragraph (b) of the does not impose an unfunded mandate. environmental documentation. This rule final rule, Commanding Officer, Naval creates a security zone inside an already Base San Diego has been re-named as Taking of Private Property existing restricted area and the physical the Commander, Navy Region This final rule will not effect a taking characteristics of the surrounding Southwest. Also, a phrase was added at of private property or otherwise have waters is not altered. A Categorical the end of the coordinates to clarify that taking implications under Executive Exclusion Determination and an the zone is enclosed. Order 12630, Governmental Actions and Environmental Analysis Checklist are Regulatory Evaluation Interference with Constitutionally available in the docket at the location Protected Property Rights. specified under the ADDRESSES portion This final rule is not a ‘‘significant of this rulemaking. regulatory action’’ under section 3(f) of Civil Justice Reform Executive Order 12866, Regulatory List of Subjects in 33 CFR Part 165 Planning and Review, and does not This final rule meets the applicable Harbors, Marine safety, Navigation require an assessment of potential costs standards in sections 3(a) and 3(b)(2) of (water), Reporting and record keeping and benefits under section 6(a)(3) of that Executive Order 12988, Civil Justice requirements, Security measures, Order. The Office of Management and Reform, to minimize litigation, Waterways. eliminate ambiguity, and reduce Budget has not reviewed it under that For the reasons discussed in the burden. Order. It is not ‘‘significant’’ under the preamble, the Coast Guard amends 33 regulatory policies and procedures of Protection of Children CFR part 165 as follows: the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). This The Coast Guard has analyzed this PART 165—REGULATED NAVIGATION rule will have minimal additional final rule under Executive Order 13045, AREAS AND LIMITED ACCESS AREAS impact on vessel traffic because it is Protection of Children from being created inside an already existing Environmental Health Risks and Safety 1. The authority citation for 33 CFR restricted area codified at 33 CFR Risks. This rule is not an economically part 165 continues to read as follows: 334.860. significant rule and does not create an Authority: 33 U.S.C. 1231; 50 U.S.C. 191, environmental risk to health or risk to 33 CFR 1.05–1(g) 6.04–1, 6.04–6, 160.5; 49 Small Entities safety that may disproportionately affect CFR 1.46. children. Under the Regulatory Flexibility Act 2. Add § 165.1120 to read as follows: (5 U.S.C. 601–612), we have considered Indian Tribal Governments whether this rule would have a § 165.1120 Security Zone; Naval significant economic impact on a This final rule does not have tribal Amphibious Base, San Diego, CA. substantial number of small entities. implications under Executive Order (a) Location. The following area is a The term ‘‘small entities’’ comprises 13175, Consultation and Coordination security zone: the waters of San Diego small businesses, not-for-profit with Indian Tribal Governments, Bay, enclosed by lines connecting the organizations that are independently because it does not have a substantial following points: Beginning at owned and operated and are not direct effect on one or more Indian 32°40′30.0″ N, 117°10′03.0″ W (Point A); dominant in their fields, and tribes, on the relationship between the thence running northeasterly to governmental jurisdictions with Federal Government and Indian tribes, 32°40′54.0″ N, 117°09′35.5″ W (Point B); populations of less than 50,000. or on the distribution of power and thence running northeasterly to The Coast Guard certifies under 5 responsibilities between the Federal 32°40′55.0″ N, 117°09′27.0″ W (Point C); U.S.C. 605(b) that this final rule will not Government and Indian tribes. thence running southeasterly to
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32°40′43.0″ N, 117°09′09.0″ W (Point D); Monday through Friday, except Federal implementing this final rule because the thence running southerly to 32°40′39.0″ holidays. attacks on the World Trade Center in N, 117°09′08.0″ (Point E); thence FOR FURTHER INFORMATION CONTACT: New York and the Pentagon in running southwesterly to 32°40′30.0″ N, Lieutenant Christopher Hochschild, Washington, DC caused the Coast Guard 117°09′12.9″ W (Point F); thence Vessel Traffic Management Section, and the Navy to re-examine the whole running a short distance to 32°40′29.0″ 11th Coast Guard District, telephone scheme of security zones contemplated N, 117°09′14.0″ W (Point G); thence (510) 437–2940; e-mail: for San Diego to ensure they adequately running southwesterly to 32°40′26.0″ N, [email protected]. met force protection and national 117°09′17.0″ W (Point H); thence defense needs. SUPPLEMENTARY INFORMATION: running northwesterly to the shoreline Background and Purpose to 32°40′ 31.0″ N, 117°09′ 22.5″ W (Point Regulatory History The Coast Guard is modifying the I), thence running along the shoreline to The Coast Guard published a notice of the beginning point. security zone, enlarging it to proposed rulemaking (NPRM) on May accommodate the home-porting of a (b) Regulations. In accordance with 15, 1998 (63 FR 27019). That NPRM the general regulations in § 165.33 of new aircraft carrier at Naval Base proposed to modify the Security Zone Coronado. There were previously only this part, entry into the area of this zone adjacent to Naval Air Station, North is prohibited unless authorized by the two aircraft carriers home-ported there; Island, 33 CFR 165.1104. No comments however, a third aircraft carrier has been Captain of the Port or the Commander, were received. Publication of the final Navy Region Southwest. designated to homeport at Naval Base rule was delayed because of the need for Coronado. (c) Enforcement. The U.S. Coast operational reassessment. Due to the Guard may be assisted in the patrol and The security zone will be expanded at length of time since publication of the its northwest tip to the west by 0.144 enforcement of this security zone by the NPRM, we published a supplemental square miles. It will be expanded in its U.S. Navy. notice of proposed rulemaking (SNPRM) mid-section to the north by 0.182 square Dated: December 17, 2001. on April 23, 2001 in the Federal miles. E.R. Riutta, Register (66 FR 20413) and provided an The Navy requires the modification Vice Admiral, Coast Guard, Commander, additional opportunity for comment on and expansion of this security zone to Eleventh Coast Guard District. this rulemaking. We did not receive any accommodate the home-porting of this [FR Doc. 02–2360 Filed 1–30–02; 8:45 am] letters commenting on the proposed third aircraft carrier. The expanded zone BILLING CODE 4910–15–P rule. No public hearing was requested, will prevent recreational and and none was held. Two months after commercial craft from interfering with the SNPRM was published, technical military operations involving all naval DEPARTMENT OF TRANSPORTATION amendments were made to Title 33 of vessels home-ported at Naval Base the Code of Federal Regulations, Coronado, and it will protect transiting Coast Guard including a redesignation of § 165.1105 recreational and commercial vessels, as 165.1104 (66 FR 33637, 33642, June and their respective crews, from the 33 CFR Part 165 25, 2001). navigational hazards posed by such In keeping with the requirements of 5 military operations. In addition, the [CGD11–98–003] U.S.C. 553(d)(3), the Coast Guard finds Navy has been reviewing all aspects of RIN 2115–AA97 that good cause exists for making this its anti-terrorism and force protection regulation effective immediately. The posture in response to the attack on the Security Zone; San Diego Bay, CA Coast Guard balanced the necessity for USS COLE. The attacks of September immediate implementation against the 11, 2001 and the heightened state of AGENCY: Coast Guard, DOT. principles of fundamental fairness military alert resulting therefrom add ACTION: Final rule. which require that all effected persons substantial urgency to the expansion of be afforded a reasonable time to prepare this security zone. The modification and SUMMARY: The Coast Guard is expanding for the effective date of the rule. In light the geographical boundaries of the expansion of this security zone will of the events of September 11, 2001, the help safeguard vessels and waterside permanent security zone at the newly- Coast Guard believes it is in the national named Naval Base Coronado, California. facilities from destruction, loss, or interest to immediately implement the injury from sabotage or other subversive This base was known as Naval Air rule to avoid any gap in security zone Station North Island, but the Navy has acts, accidents, or other causes of a coverage. The Coast Guard further similar nature. Entry into, transit recently changed its name. There were believes that it has provided the public previously only two aircraft carriers through, or anchoring within this adequate notice and time to adapt to the security zone is prohibited unless home-ported at Naval Base Coronado; security zone’s implementation through however, a third aircraft carrier has been authorized by the Captain of the Port, the original NPRM, the supplemental the Commander, Naval Air Force, U.S. designated to homeport there. The NPRM and the Navy’s placement of modification and expansion of this Pacific Fleet, the Commander, Navy small buoys marking the zone. In Region Southwest, or the Commanding security zone is needed to ensure the addition, the California Coastal physical protection of this third aircraft Officer, Naval Base Coronado. Commission, in its Coast Zone Vessels or persons violating this carrier at Naval Base Coronado. Management Act Determination of section would be subject to the penalties DATES: This rule becomes effective October 16, 2001 discussed the minimal set forth in 50 U.S.C. 192 and 18 U.S.C. December 17, 2001. impact the zone will have on the public: 3571: seizure and forfeiture of the ADDRESSES: Documents as indicated in ‘‘These areas [including the subject vessel, a monetary penalty of not more this preamble are available for security zone] are not typically used for than $250,000, and imprisonment for inspection or copying at the Coast recreational or commercial boating, and not more than 10 years. Guard Marine Safety Office, 2716 North the restrictions will not adversely affect The U.S. Coast Guard may be assisted Harbor Drive, San Diego, CA 92101– navigation or boating in San Diego Bay.’’ in the patrol and enforcement of this 1064 between 7:30 a.m. and 4 p.m., The Coast Guard was delayed slightly in security zone by the U.S. Navy.
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Discussion of Comments and Changes require unfunded mandates. An under figure 2–1, paragraph (34)(g) of No comments were received during unfunded mandate is a regulation that Commandant Instruction M16475.lD, the NPRM or SNPRM comment periods. requires State, local, or tribal this rule is categorically excluded from To reflect naming changes resulting government or the private sector to further environmental documentation. from the Navy’s 1998 regionalization incur direct costs without the Federal This rule is only a slight expansion of process, the Coast Guard has made the Government’s having first provided the an area which already has existing following minor technical amendments funds to pay those costs. restrictions, and it does not alter any physical state of the surrounding waters. that did not appear in the NPRM or Taking of Private Property SNPRM: In paragraph (a) of the final A Categorical Exclusion Determination rule, Naval Air Station North Island has This final rule will not effect a taking and an Environmental Analysis been re-named as Naval Base Coronado. of private property or otherwise have Checklist are available in the docket at In paragraph (b) of the final rule, the taking implications under Executive the location specified under the Commanding Officer, Naval Air Station Order 12630, Governmental Actions and ADDRESSES portion of this rulemaking. Interference with Constitutionally North Island has been re-named as List of Subjects in 33 CFR Part 165 Commanding Officer, Naval Base Protected Property Rights. Coronado. Civil Justice Reform Harbors, Marine safety, Navigation (water), Reporting and recordkeeping Regulatory Evaluation This final rule meets applicable requirements, Security measures, This rule is not a ‘‘significant standards in sections 3(a) and 3(b)(2) of Waterways. Executive Order 12988, Civil Justice regulatory action’’ under section 3(f) of For the reasons discussed in the Executive Order 12866, Regulatory Reform, to minimize litigation, eliminate ambiguity, and reduce preamble, the Coast Guard amends 33 Planning and Review, and does not CFR part 165 as follows: require an assessment of potential costs burden. and benefits under section 6(a)(3) of that Protection of Children PART 165—REGULATED NAVIGATION Order. The Office of Management and We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS Budget has not reviewed it under that Executive Order 13045, Protection of Order. It is not ‘‘significant’’ under the 1. The authority citation for 33 CFR Children from Environmental Health regulatory policies and procedures of part 165 continues to read as follows: Risks and Safety Risks. This rule is not the Department of Transportation (DOT) an economically significant rule and Authority: 33 U.S.C. 1231; 50 U.S.C. 191, (44 FR 11040, February 26, 1979). This does not create an environmental risk to 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 rule will have minimal additional CFR 1.46. health or risk to safety that may impact on vessel traffic because it is disproportionately affect children. 2. In § 165.1104, revise paragraph (a) only a slight modification and and (b) and add a new paragraph (c) to expansion of the existing security zone Indian Tribal Governments read as follows: codified at 33 CFR 165.1104. This final rule does not have tribal § 165.1104 Security Zone: San Diego Bay, Small Entities implications under Executive Order California. 13175, Consultation and Coordination Under the Regulatory Flexibility Act (a) Location. The following area is a (5 U.S.C. 601–612), we have considered with Indian Tribal Governments, because it does not have a substantial security zone: on the waters along the whether this rule would have a northern shoreline of Naval Base significant economic impact on a direct effect on one or more Indian tribes, on the relationship between the Coronado, the area enclosed by the substantial number of small entities. following points: Beginning at 32° The term ‘‘small entities’’ comprises Federal Government and Indian tribes, ′ ″ ° ′ ″ or on the distribution of power and 42 53.0 N, 117 11 45.0 W (Point A); small businesses, not-for-profit thence running northerly to 32° 42′ organizations that are independently responsibilities between the Federal ″ ° ′ ″ Government and Indian tribes. 55.5 N, 117 11 45.0 W (Point B); owned and operated and are not thence running easterly to 32°42′55.0″ dominant in their fields, and Energy Effects N, 117°11′30.5″ W (Point C); thence governmental jurisdictions with We have analyzed this rule under running southeasterly to 32°42′40.0″ N, populations of less than 50,000. Executive Order 13211, Actions 117°11′06.5″ W (Point D); thence The Coast Guard certifies under 5 running southerly to 32°42′37.5″ N, U.S.C. 605(b) that this rule will not have Concerning Regulations That Significantly Affect Energy Supply, 117°11′07.0″ W (Point E); thence a significant economic impact on a running southerly to 32°42′28.5″ N, substantial number of small entities. Distribution, or Use. We have determined that it is not a ‘‘significant 117°11′11.0″ W (Point F); thence Collection of Information energy action’’ under that order because running southeasterly to 32°42′22.0″ N, 117°10′48.0″ W (Point G); thence This rule calls for no new collection it is not a ‘‘significant regulatory action’’ running southerly to 32°42′13.0″ N, 117° of information under the Paperwork under Executive Order 12866 and is not 10′51.0″ W (Point H); thence running Reduction Act of (44 U.S.C. 3501–3520). likely to have a significant adverse effect on the supply, distribution, or use of generally northwesterly along the Federalism energy. It has not been designated by the shoreline of Naval Base Coronado to the The Coast Guard has analyzed this Administrator of the Office of place of beginning. final rule under Executive Order 13132 Information and Regulatory Affairs as a (b) Regulations. In accordance with and has determined that it does not significant energy action. Therefore, it the general regulations in § 165.33 of have implications for federalism. does not require a Statement of Energy this part, entry into the area of this zone Effects under Executive Order 13211. is prohibited unless authorized by the Unfunded Mandates Reform Act Captain of the Port, the Commander, The Unfunded Mandates Reform Act Environment Naval Air Force, U.S. Pacific Fleet, the of 1995 (2 U.S.C. 1531–1538) governs We considered the environmental Commander, Navy Region Southwest, or the issuance of Federal regulations that impact of this rule and concluded that the Commanding Officer, Naval Base
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Coronado. Section 165.33 also contains (66 FR 33637, 33642, June 25, 2001). in response to the attack on the USS other general requirements. The Coast Guard did not receive any COLE. (c) Enforcement. The U.S. Coast letters commenting on the proposed The attacks of September 11, 2001 Guard may be assisted in the patrol and rule. No public hearing was requested, and the heightened state of military alert enforcement of this security zone by the and none was held. resulting therefrom add substantial U.S. Navy. In keeping with the requirements of 5 urgency to the creation of this security Dated: December 17, 2001. U.S.C. 553(d)(3), the Coast Guard finds zone. The modification and expansion of this security zone will safeguard E.R. Riutta, that good cause exists for making this regulation effective immediately. The vessels and waterside facilities from Vice Admiral, Coast Guard, Commander, destruction, loss, or injury from Eleventh Coast Guard District. Coast Guard balanced the necessity for sabotage or other subversive acts, [FR Doc. 02–2359 Filed 1–30–02; 8:45 am] immediate implementation against the principles of fundamental fairness accidents, or other causes of a similar BILLING CODE 4910–15–U which require that all effected persons nature. Entry into, transit through, or be afforded a reasonable time to prepare anchoring within this security zone is prohibited unless authorized by the DEPARTMENT OF TRANSPORTATION for the effective date of the rule. In light of the events of September 11, 2001, the Captain of the Port or the Commander, Coast Guard Coast Guard believes it is in the national Navy Region Southwest. interest to immediately implement the Vessels or persons violating this 33 CFR Part 165 rule to avoid any gap in security zone section would be subject to the penalties coverage. set forth in 50 U.S.C. 192 and 18 U.S.C. [CGD11–01–010] The Coast Guard further believes that 3571: seizure and forfeiture of the RIN 2115–AA97 it has provided the public adequate vessel, a monetary penalty of not more notice and time to adapt to the security than $250,000, and imprisonment for Security Zone; San Diego Bay zone’s implementation through the not more than 10 years. The U.S. Coast Guard may be assisted AGENCY: Coast Guard, DOT. NPRM. In addition, the California Coastal Commission, in its Coast Zone in the patrol and enforcement of this ACTION: Final rule. Management Act Determination of security zone by the U.S. Navy. SUMMARY: The Coast Guard is expanding October 16, 2001 discussed the minimal Discussion of Comments and Changes impact the zone will have on the public: the geographical boundaries of the No comments were received during ‘‘These areas [including the subject permanent security zone at Naval Base, the NPRM comment period. San Diego, California, at the request of security zone] are not typically used for To reflect a naming change resulting the U.S. Navy. The proposed security recreational or commercial boating, and from the Navy’s 1998 regionalization zone will expand across the mouth of the restrictions will not adversely affect process, the Coast Guard has made the Chollas Creek. The modification and navigation or boating in San Diego Bay.’’ following minor technical amendment expansion of this security zone is The Coast Guard was delayed slightly to the final rule which did not appear needed to ensure the physical in implementing this final rule because in the NPRM: In paragraph (a) of the protection of naval vessels moored at the attacks on the World Trade Center final rule, Naval Station, San Diego has Naval Base, San Diego. in New York and the Pentagon in been re-named as Naval Base, San DATES: This rule becomes effective Washington, DC caused the Coast Guard Diego. In paragraph (b) of the final rule, December 17, 2001. and the Navy to re-examine the whole Commander, Naval Base San Diego has scheme of security zones contemplated ADDRESSES: been re-named as Commander, Navy Documents as indicated in for San Diego to ensure they adequately this preamble are available for Region Southwest. Also in paragraph met force protection and national (b), Commanding Officer, Naval Station, inspection or copying at the Coast defense needs. Guard Marine Safety Office, 2716 North San Diego has been deleted. Harbor Drive, San Diego, CA 92101– Background and Purpose Regulatory Evaluation 1064 between 7:30 a.m. and 4 p.m., The Coast Guard is modifying the This rule is not a ‘‘significant Monday through Friday, except Federal security zone, enlarging it by holidays. regulatory action’’ under section 3(f) of approximately 300 square yards to Executive Order 12866, Regulatory FOR FURTHER INFORMATION CONTACT: enclose the mouth of Chollas Creek so Planning and Review, and does not Lieutenant Christopher Hochschild, that unauthorized vessels or persons require an assessment of potential costs Vessel Traffic Management Section, cannot transit into Chollas Creek. and benefits under section 6(a)(3) of that 11th Coast Guard District, telephone The modification and expansion of Order. The Office of Management and (510) 437–2940; e-mail this security zone is needed to ensure Budget has not reviewed it under that [email protected]. the physical protection of naval vessels Order. It is not ‘‘significant’’ under the SUPPLEMENTARY INFORMATION: moored in the area. The modification regulatory policies and procedures of and expansion of this security zone will Regulatory History the Department of Transportation also prevent recreational and (DOT)(44 FR 11040, February 26, 1979). On April 23, 2001, the Coast Guard commercial craft from interfering with This rule will have minimal additional published a notice of proposed military operations involving all naval impact on vessel traffic because it is rulemaking (NPRM) entitled Security vessels home-ported at Naval Base, San only a slight modification and Zone; San Diego Bay in the Federal Diego and it will protect transiting expansion of the existing security zone Register (66 FR 20412) to amend recreational and commercial vessels, codified at 33 CFR 165.1102. § 165.1102 in Title 33 of the Code of and their respective crews, from the Federal Regulations (CFR). Two months navigational hazards posed by such Small Entities later, technical amendments were made military operations. The Navy has been Under the Regulatory Flexibility Act to Title 33 of the CFR, including a reviewing all aspects of its anti- (5 U.S.C. 601–612), we have considered redesignation of § 165.1102 as 165.1101 terrorism and force protection posture whether this rule would have a
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significant economic impact on a with Indian Tribal Governments, § 165.1101 Security Zone: San Diego Bay, substantial number of small entities. because it does not have a substantial California. The term ‘‘small entities’’ comprises direct effect on one or more Indian (a) Location. The following area is a small businesses, not-for-profit tribes, on the relationship between the security zone: the water area within organizations that are independently Federal Government and Indian tribes, Naval Base, San Diego enclosed by the owned and operated and are not or on the distribution of power and following points: Beginning at dominant in their fields, and responsibilities between the Federal 32°41′16.5″ N, 117°08′01″ W (Point A); governmental jurisdictions with Government and Indian tribes. thence running southwesterly to populations of less than 50,000. The 32°41′06″ N, 117°08′09.3″ W (Point B); Energy Effects Coast Guard certifies under 5 U.S.C. thence running southeasterly along the ° ′ ″ 605(b) that this rule will not have a We have analyzed this rule under U.S. Pierhead Line to 32 39 36.9 N, ° ′ ″ significant economic impact on a Executive Order 13211, Actions 117 07 23.5 W (Point C); thence ° ′ ″ substantial number of small entities. Concerning Regulations That running easterly to 32 39 38.5 N, 117°07′06.5″ W (Point D); thence Collection of Information Significantly Affect Energy Supply, Distribution, or Use. We have running generally northwesterly along This final rule calls for no new determined that it is not a ‘‘significant the shoreline of the Naval Base to the collection of information under the energy action’’ under that order because place of beginning. Paperwork Reduction Act (44 U.S.C. it is not a ‘‘significant regulatory action’’ (b) In accordance with the general 3501–3520). under Executive Order 12866 and is not regulations in § 165.33 of this part, entry into the area of this zone is prohibited Federalism likely to have a significant adverse effect on the supply, distribution, or use of unless authorized by the Captain of the The Coast Guard has analyzed this energy. It has not been designated by the Port or the Commander, Navy Region final rule under Executive Order 13132 Administrator of the Office of Southwest. Section 165.33 also contains and has determined that it does not Information and Regulatory Affairs as a other general requirements. have implications for federalism. significant energy action. Therefore, it (c) The U.S. Coast Guard may be Unfunded Mandates Reform Act does not require a Statement of Energy assisted in the patrol and enforcement of this security zone by the U.S. Navy. The Unfunded Mandates Reform Act Effects under Executive Order 13211. Dated: December 17, 2001. of 1995 (2 U.S.C. 1531–1538) governs Environment the issuance of Federal regulations that E.R. Riutta, require unfunded mandates. An We considered the environmental Vice Admiral, Coast Guard, Commander, unfunded mandate is a regulation that impact of this rule and concluded that Eleventh Coast Guard District. requires State, local, or tribal under figure 2–1, paragraph (34)(g) of [FR Doc. 02–2358 Filed 1–30–02; 8:45 am] government or the private sector to Commandant Instruction M16475.lD, BILLING CODE 4910–15–U incur direct costs without the Federal this rule is categorically excluded from Government’s having first provided the further environmental documentation. funds to pay those costs. This rule is only a slight expansion of DEPARTMENT OF TRANSPORTATION an area which already has the same Taking of Private Property restrictions discussed in the rule, and it Coast Guard This final rule will not affect a taking does not alter any physical state of the 33 CFR Part 165 of private property or otherwise have surrounding waters. A Categorical taking implications under Executive Exclusion Determination and an [COTP Charleston–01–128] Environmental Analysis Checklist are Order 12630, Governmental Actions and RIN 2115–AA97 Interference with Constitutionally available in the docket at the location Protected Property Rights. specified under the ADDRESSES portion Security Zones; Ports of Charleston of this rulemaking. Civil Justice Reform and Georgetown, SC This final rule meets the applicable List of Subjects in 33 CFR Part 165 AGENCY: Coast Guard, DOT. standards in sections 3(a) and 3(b)(2) of Harbors, Marine safety, Navigation ACTION: Temporary final rule. Executive Order 12988, Civil Justice (water), Reporting and recordkeeping SUMMARY: The Coast Guard is Reform, to minimize litigation, requirements, Security measures, establishing a temporary moving eliminate ambiguity, and reduce Waterways. burden. security zone 100 yards around all tank For the reasons discussed in the vessels, passenger vessels and military Protection of Children preamble, the Coast Guard amends 33 pre-positioned ships entering or The Coast Guard has analyzed this CFR part 165 as follows: departing the Ports of Charleston and final rule under Executive Order 13045, Georgetown, South Carolina. We are Protection of Children from PART 165—REGULATED NAVIGATION also establishing temporary fixed Environmental Health Risks and Safety AREAS AND LIMITED ACCESS AREAS security zones 100 yards around all tank Risks. This rule is not an economically vessels, passenger vessels and military significant rule and does not create an 1. The authority citation for 33 CFR pre-positioned ships when these vessels environmental risk to health or risk to Part 165 continues to read as follows: are moored in the Ports of Charleston safety that may disproportionately affect Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and Georgetown, South Carolina. These children. 33 CFR 1.05–1(g) 6.04–1, 6.04–6, and 160.5; security zones are needed for national 49 CFR 1.46. security reasons to protect the public Indian Tribal Governments and ports from potential subversive acts. This final rule does not have tribal 2. In § 165.1101, revise paragraphs (a) Entry into these zones is prohibited, implications under Executive Order and (b) and add a new paragraph (c) to unless specifically authorized by the 13175, Consultation and Coordination read as follows: Captain of the Port, Charleston, South
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Carolina or his designated position 32°39.36′ N, 79°40.54′ W. The provisions or options for compliance, representative. security zone for the Port of Georgetown please contact the person listed under DATES: This regulation is effective from is activated when a subject vessel passes FOR FURTHER INFORMATION CONTACT for the lighted whistle buoy WB, at assistance in understanding this rule. 4 a.m. on October 15, 2001 through ° ′ 11:59 p.m. on June 15, 2002. approximate position 33 11.36 N, Small businesses may send comments 79°05.12′ W. The zone for a vessel is on the actions of Federal employees ADDRESSES: Comments and material deactivated when the vessel passes who enforce, or otherwise determine received from the public, as well as these buoys on its departure from port. compliance with, Federal regulations to documents indicated in this preamble as The Captain of the Port will notify the the Small Business and Agriculture being available in the docket, are part of public via Marine Safety Radio Regulatory Enforcement Ombudsman [COTP Charleston 01–128] and are Broadcast on VHF Marine Band Radio, and the Regional Small each agency’s available for inspection or copying at Channel 22 (157.1 MHz) of all active responsiveness to small business. If you Marine Safety Office Charleston, 196 security zones in the ports by wish to comment on actions by Tradd Street, Charleston, S.C. 29401 identifying the names of the vessels employees of the Coast Guard, call 1– between 7:30 a.m. and 4 p.m. Monday around which the zones are centered. 888-REG-FAIR (1–888–734–3247). through Friday, except Federal holidays. Entry into these security zones is FOR FURTHER INFORMATION CONTACT: LT prohibited, unless specifically Collection of Information James V. Mahney, Coast Guard Marine authorized by the Captain of the This rule calls for no new collection Safety Office Charleston, at (843) 724– Charleston, South Carolina. of information requirements under the 7686. Paperwork Reduction Act (44 U.S.C. Regulatory Evaluation SUPPLEMENTARY INFORMATION: 3501–3520). This rule is not a significant Regulatory Information regulatory action under section 3(f) of Federalism We did not publish a notice of Executive Order 12866, Regulatory A rule has implication for federalism proposed rulemaking (NPRM) for this Planning and Review, and does not under Executive Order 13132, regulation. Under 5 U.S.C. 553(b)(B), the require an assessment of potential costs Federalism, if it has a substantial direct Coast Guard finds that good cause exists and benefits under section 6(a)(3) of that effect on State or local governments and for not publishing a NPRM. Publishing order. The Office of Management and would either preempt State law or a NPRM and delaying this rule’s Budget has not reviewed it under that impose a substantial direct cost of effective date would be contrary to the order. It is not significant under the compliance on them. We have analyzed public interest since immediate action is regulatory policies and procedures of this rule under that Order and have needed to protect the public, ports and the Department of Transportation (DOT) determined that it does not have waterways of the United States. The (44 FR 11040; February 26, 1979) implications for federalism. Coast Guard will issue a broadcast because vessels may be allowed to enter Unfunded Mandates Reform Act notice to mariners and place Coast this temporary zone on a case by case Guard vessels in the vicinity of these basis with the authorization of the The Unfunded Mandates Reform Act zones to advise mariners of the Captain of the Port. of 1995 (2 U.S.C. 1531–1538) requires restriction. Federal agencies to assess the effects of For the same reasons, under 5 U.S.C. Small Entities their discretionary regulatory actions. In 553(d)(3), the Coast Guard finds that Under the Regulatory Flexibility Act particular, the Act addresses actions good cause exists for making this rule (5 U.S.C. 601–612), the Coast Guard that may result in the expenditure by a effective less than 30 days after considered whether this rule would State, local, or tribal government, in the publication in the Federal Register. have a significant economic effect upon aggregate, or by the private sector of a substantial number of small entities. Background and Purpose $100,000,000 or more in any one year. ‘‘Small entities’’ include small Though this rule will not result in such Based on the September 11, 2001, businesses, not-for-profit organizations an expenditure, we do discuss the terrorist attacks on the World Trade that are independently owned and effects of this rule elsewhere in this Center buildings in New York and the operated and are not dominant in their preamble. Pentagon in Arlington, Virginia, there is fields, and governmental jurisdictions an increased risk that subversive with populations of less than 50,000. Taking of Private Property activity could be launched by vessels or The Coast Guard certifies under 5 This rule will not effect a taking of persons in close proximity to the Ports U.S.C. 605(b) that this rule will not have private property or otherwise have of Charleston and Georgetown, South a significant economic impact on a taking implications under Executive Carolina, against tank vessels, cruise substantial number of small entities Order 12630, Governmental Actions and ships and military pre-positioned because small entities may be allowed Interference with Constitutionally vessels entering, departing and moored to enter on a case by case basis with the Protected Property Rights. within these ports. Military pre- authorization of the Captain of the Port. positioned ships are U.S. commercial Civil Justice Reform ships on long-term charter to the Assistance for Small Entities This rule meets applicable standards Military Sealift Command. They are Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive utilized to transport military equipment Business Regulatory Enforcement Order 12988, Civil Justice Reform, to and cargo. There will be Coast Guard Fairness Act of 1996 (Public Law 104– minimize litigation, eliminate and local police department patrol 121), we offer to assist small entities in ambiguity, and reduce burden. vessels on scene to monitor traffic understanding the rule so that they can Environmental through these areas. better evaluate its effects on them and The security zone for the Port of participate in the rulemaking process. If The Coast Guard has considered the Charleston is activated when a subject the rule will affect your small business, environmental impact of this rule and vessel passes the Charleston entrance organization, or government jurisdiction will prepare a categorical exclusion lighted whistle buoy C, at approximate and you have questions concerning its determination pursuant to Figure 2–1,
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paragraph 34(g) of Commandant 100 yards around all tank vessels, FOR FURTHER INFORMATION CONTACT: Instruction M16475.1D. passenger vessels and military pre- Jamie Ploppert, Program Specialist, positioned ships during transits entering Office of Psychosocial Rehabilitation Protection of Children or departing the ports of Charleston and Services (116D), Veterans Health We have analyzed this rule under Georgetown, South Carolina. These Administration, 757–722–9961, ext. Executive Order 13045, Protection of security zones are activated when a 1123 (this is not a toll-free number). Children from Environmental Health subject vessel passes: Charleston SUPPLEMENTARY INFORMATION: On March Risks and Safety Risks. This rule is not entrance lighted whistle buoy C, at 6, 2001, VA published in the Federal an economically significant rule and approximate position 32°39.36′ N, Register a proposal to amend VA’s does not concern an environmental risk 79°40.54′ W when entering the Port of Medical regulations to establish to health or risk to safety that may Charleston; lighted whistle buoy WB, at provisions regarding housing under the disproportionately affect children. approximate position 33°11.36′ N, Compensated Work Therapy/ ° ′ Indian Tribal Governments 79 05.12 W when entering the Port of Transitional Residences program (66 FR Georgetown. 13461–63). No comments were received. This rule does not have tribal (2) Temporary fixed security zones are Based on the rationale set forth in the implications under Executive Order established 100 yards around all tank proposed rule, we are adopting the 13175, Consultation and Coordination vessels, passenger vessels and military provisions of the proposed rule as a with Indian Tribal Governments, pre-positioned ships docked in the Ports final rule, with one change regarding the because it does not have a substantial of Charleston and Georgetown, South requirements for a house manager. direct effect on one or more Indian Carolina. Under the proposed rule, a house tribes, on the relationships between the (b) Regulations. In accordance with manager was required to be a without- Federal Government and Indian tribes, the general regulations in § 165.33 of compensation employee of VA. or on the distribution of power and this part, entry into this zone is However, upon further reflection, VA responsibilities between the Federal prohibited except as authorized by the has determined that it is not necessary Government and Indian tribes. Captain of the Port, or a Coast Guard that each house manager be appointed Energy Effects commissioned, warrant, or petty officer as a without-compensation employee. designated by him. The Captain of the Accordingly, this provision is removed. We have analyzed this rule under Port will notify the public via Marine Executive Order 13211, Actions Safety Radio Broadcast on VHF Marine OMB Review Concerning Regulations That Band Radio, Channel 13 and 16 (157.1 This document has been reviewed by Significantly Affect Energy Supply, MHz) of all active security zones in port the Office of Management and Budget Distribution, or use. We have by identifying the names of the vessels under Executive Order 12866. determined that it is not a ‘‘significant around which they are centered. Paperwork Reduction Act energy action’’ under Executive Order (c) Dates. This section becomes 12866 and is not likely to have a effective at 4 a.m. on October 15, 2001 This document contains no provisions significant adverse effect on the supply, and will terminate at 11:59 p.m. on June constituting a collection of information distribution, or use of energy. It has not 15, 2002. under the Paperwork Reduction Act (44 been designated by the Administrator of U.S.C. 3501–3520). Dated: October 15, 2001. the Office of Information and Regulatory Regulatory Flexibility Act Affairs as a significant energy action. G.W. Merrick, Therefore, it does not require a Commander, Coast Guard, Captain of the The Secretary hereby certifies that the Statement of Energy Effects under Port. adoption of this final rule does not have Executive Order 13211. [FR Doc. 02–2357 Filed 1–30–02; 8:45 am] a significant economic impact on a BILLING CODE 4910–15–U substantial number of small entities as List of Subjects in 33 CFR Part 165 they are defined in the Regulatory Harbors, Marine safety, Navigation Flexibility Act, 5 U.S.C. 601–612. This (water), Reports and recordkeeping DEPARTMENT OF VETERANS document affects individuals and does requirements, Security measures, AFFAIRS not affect small entities. Therefore, Waterways. pursuant to 5 U.S.C. 605(b), this final For the reasons discussed in the 38 CFR Part 17 rule is exempt from the initial and final preamble, the Coast Guard amends 33 RIN 2900–AK01 regulatory flexibility analysis CFR part 165, as follows: requirement of sections 603 and 604. Compensated Work Therapy/ List of Subjects in 38 CFR Part 17 PART 165—REGULATED NAVIGATION Transitional Residences Program AREAS AND LIMITED ACCESS AREAS Administrative practice and AGENCY: Department of Veterans Affairs. procedure, Alcohol abuse, Alcoholism, 1. The authority citation for part 165 ACTION: Final rule. Claims, Day care, Dental health, Drug continues to read as follows: abuse, Foreign relations, Government SUMMARY: This document amends VA’s contracts, Grant programs-health, Authority: 33 U.S.C. 1231; 50 U.S.C. 191, medical regulations to establish 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 Government programs-veterans, Health CFR 1.46. provisions regarding housing under the care, Health facilities, Health Compensated Work Therapy/ professions, Health records, Homeless, 2. A new temporary § 165.T07–128 is Transitional Residences program. These added to read as follows: Medical and dental schools, Medical provisions are designed to ensure devices, Medical research, Mental § 165.T07–128 Security Zone; Ports of proper management, ensure reasonable health programs, Nursing home care, Charleston and Georgetown, South payment rates for residents, and ensure Philippines, Reporting and Carolina. that residents stay only for the time recordkeeping requirements, (a) Regulated area. (1) Temporary necessary to meet the intended goals. Scholarships and fellowships, Travel moving security zones are established DATES: Effective Date: January 31, 2002. and transportation expenses, Veterans.
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Approved: November 13, 2001. average, pay more than 30 percent of ADDRESSES: SIP materials which are Anthony J. Principi, their gross CWT (Compensated Work incorporated by reference into 40 CFR Secretary of Veterans Affairs. Therapy) bi-weekly earnings. The VA part 52 are available for inspection at For the reasons set forth in the program manager shall, bi-annually, the following locations: Environmental preamble, 38 CFR part 17 is amended to conduct a review of the factors in this Protection Agency, Region 4, 61 Forsyth read as follows: paragraph for determining resident Street, SW, Atlanta, GA 30303; Office of payments. If he or she determines that Air and Radiation Docket and PART 17—MEDICAL the payments are too high or too low by Information Center, Air Docket (Mail more than 5 percent of the total Code 6102), 401 M Street., SW., 1. The authority citation for part 17 operating budget, he or she shall Washington, DC. 20460, and Office of continues to read as follows: recalculate resident payments under the the Federal Register, 800 North Capitol Authority: 38 U.S.C. 501, 1721, unless criteria set forth in this paragraph, Street, NW, Suite 700, Washington, DC. otherwise noted. except that the calculations shall be FOR FURTHER INFORMATION CONTACT: Mr. 2. Redesignate § 17.49 as new § 17.48. based on the current fiscal year (actual Sean Lakeman at the above Region 4 3. Add a new § 17.49 to read as amounts for the elapsed portion and address or at (404) 562–9043. follows: projected amounts for the remainder). SUPPLEMENTARY INFORMATION: The SIP is (2) If the revenues of a residence do a living document which the State can § 17.49 Compensated Work Therapy/ not meet the expenses of the residence revise as necessary to address the Transitional Residences program. resulting in an inability to pay actual unique air pollution problems in the (a) This section sets forth operating expenses, the medical center state. Therefore, EPA from time to time requirements for persons residing in of jurisdiction shall provide the funds must take action on SIP revisions housing under the Compensated Work necessary to return the residence to containing new and/or revised Therapy/Transitional Residences fiscal solvency in accordance with the regulations as being part of the SIP. On program. provisions of this section. (b) House managers shall be (e) The length of stay in housing May 22, 1997, (62 FR 27968) EPA responsible for coordinating and under the Compensated Work Therapy/ revised the procedures for incorporating supervising the day-to-day operations of Transitional Residences program is by reference Federally-approved SIPs, as the facilities. The local VA program based on the individual needs of each a result of consultations between EPA coordinator shall select each house resident, as determined by consensus of and OFR. The description of the revised manager and may give preference to an the resident and his/her VA Clinical SIP document, IBR procedures and individual who is a current or past Treatment team. However, the length of ‘‘Identification of plan’’ format are resident of the facility or the program. stay should not exceed 12 months. discussed in further detail in the May 22, 1997, Federal Register document. A house manager must have the (Authority: 38 U.S.C.1772) following qualifications: On December 22, 1998, EPA published (1) A stable, responsible and caring [FR Doc. 02–2364 Filed 1–30–02; 8:45 am] a document in the Federal Register (63 demeanor; BILLING CODE 8320–01–P FR 70669) beginning the new IBR (2) Leadership qualities including the procedure for Alabama. In this ability to motivate; document EPA is doing the first update (3) Effective communication skills ENVIRONMENTAL PROTECTION to the material being IBRed. including the ability to interact; AGENCY EPA has determined that today’s rule (4) A willingness to accept feedback; falls under the ‘‘good cause’’ exemption (5) A willingness to follow a chain of 40 CFR Part 52 in section 553(b)(3)(B) of the Administrative Procedures Act (APA) command. [AL–200213; FRL–7131–5] (c) Each resident admitted to the which, upon finding ‘‘good cause,’’ Transitional Residence, except for a Approval and Promulgation of Air authorizes agencies to dispense with house manager, must also be in the Quality Implementation Plans; public participation and section Compensated Work Therapy program. Alabama Update to Materials 553(d)(3) which allows an agency to (d) Each resident, except for a house Incorporated by Reference make a rule effective immediately manager, must bi-weekly, in advance, (thereby avoiding the 30-day delayed pay a fee to VA for living in the housing. AGENCY: Environmental Protection effective date otherwise provided for in The local VA program coordinator will Agency (EPA). the APA). Today’s rule simply codifies establish the fee for each resident in ACTION: Final rule; notice of provisions which are already in effect as accordance with the provisions of administrative change. a matter of law in Federal and approved paragraph (d)(1) of this section. State programs. Under section 553 of the SUMMARY: (1) The total amount of actual EPA is updating the materials APA, an agency may find good cause operating expenses of the residence submitted by Alabama that are where procedures are ‘‘impractical, (utilities, maintenance, furnishings, incorporated by reference (IBR) into the unnecessary, or contrary to the public appliances, service equipment, all other State implementation plan (SIP). The interest.’’ Public comment is operating costs) for the previous fiscal regulations affected by this update have ‘‘unnecessary’’ and ‘‘contrary to the year plus 15 percent of that amount been previously submitted by the State public interest’’ since the codification equals the total operating budget for the agency and approved by EPA. This only reflects existing law. Immediate current fiscal year. The total operating update affects the SIP materials that are notice in the CFR benefits the public by budget is to be divided by the average available for public inspection at the updating citations. number of beds occupied during the Office of the Federal Register (OFR), previous fiscal year and the resulting Office of Air and Radiation Docket and I. Administrative Requirements amount is the average yearly amount per Information Center, and the Regional Under Executive Order 12866 (58 FR bed. The bi-weekly fee shall equal 1/ Office. 51735, October 4, 1993), this action is 26th of the average yearly amount per EFFECTIVE DATE: This action is effective not a ‘‘significant regulatory action’’ and bed, except that a resident shall not, on January 31, 2002. therefore is not subject to review by the
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Office of Management and Budget. For the Clean Air Act. Thus, the Subpart B—Alabama this reason, this action is also not requirements of section 12(d) of the subject to Executive Order 13211, National Technology Transfer and 2. Section 52.50 is amended by ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. revising paragraph (b) to read as follows: Significantly Affect Energy Supply, 272 note) do not apply. This rule does § 52.50 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 * * * * * state law as meeting Federal Paperwork Reduction Act of 1995 (44 (b) Incorporation by reference. requirements and imposes no additional U.S.C. 3501 et seq.). (1) Material listed in paragraphs (c) and (d) of this section with an EPA requirements beyond those imposed by The Congressional Review Act, 5 state law. Accordingly, the approval date prior to January 1, 2002, U.S.C. 801 et seq., as added by the Small was approved for incorporation by Administrator certifies that this rule Business Regulatory Enforcement will not have a significant economic reference by the Director of the Federal Fairness Act of 1996, generally provides Register in accordance with 5 U.S.C. impact on a substantial number of small that before a rule may take effect, the entities under the Regulatory Flexibility 552(a) and 1 CFR part 51. Material is agency promulgating the rule must Act (5 U.S.C. 601 et seq.). Because this incorporated as it exists on the date of submit a rule report, which includes a rule approves pre-existing requirements the approval, and notice of any change copy of the rule, to each House of the under state law and does not impose in the material will be published in the Congress and to the Comptroller General any additional enforceable duty beyond Federal Register. Entries in paragraphs of the United States. EPA will submit a that required by state law, it does not (c) and (d) of this section with EPA report containing this rule and other contain any unfunded mandate or approval dates on or after January 1, required information to the U.S. Senate, significantly or uniquely affect small 2002, will be incorporated by reference the U.S. House of Representatives, and governments, as described in the in the next update to the SIP the Comptroller General of the United Unfunded Mandates Reform Act of 1995 compilation. (Public Law 104–4). States prior to publication of the rule in (2) EPA Region 4 certifies that the This rule also does not have tribal the Federal Register. A major rule rules/regulations provided by EPA in implications because it will not have a cannot take effect until 60 days after it the SIP compilation at the addresses in substantial direct effect on one or more is published in the Federal Register. paragraph (b)(3) of this section are an Indian tribes, on the relationship This action is not a ‘‘major rule’’ as exact duplicate of the officially between the Federal Government and defined by 5 U.S.C. 804(2). promulgated State rules/regulations Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean which have been approved as part of the power and responsibilities between the Air Act, petitions for judicial review of State implementation plan as of January Federal Government and Indian tribes, this action must be filed in the United 1, 2002. as specified by Executive Order 13175 States Court of Appeals for the (3) Copies of the materials (65 FR 67249, November 9, 2000). This appropriate circuit by April 1, 2002. incorporated by reference may be action also does not have Federalism Filing a petition for reconsideration by inspected at the Region 4 EPA Office at implications because it does not have the Administrator of this final rule does 61 Forsyth Street, SW., Atlanta, GA substantial direct effects on the States, not affect the finality of this rule for the 30303; the Office of the Federal Register, on the relationship between the national purposes of judicial review nor does it 800 North Capitol Street, NW., Suite government and the States, or on the extend the time within which a petition 700, Washington, DC.; or at the EPA, Air distribution of power and for judicial review may be filed, and and Radiation Docket and Information responsibilities among the various shall not postpone the effectiveness of Center, Air Docket (Mail Code 6102), levels of government, as specified in such rule or action. This action may not 401 M Street., SW., Washington, DC. Executive Order 13132 (64 FR 43255, be challenged later in proceedings to 20460. August 10, 1999). This action merely enforce its requirements. (See section * * * * * approves a state rule implementing a 307(b)(2).) [FR Doc. 02–2381 Filed 1–30–02; 8:45 am] Federal standard, and does not alter the BILLING CODE 6560–50–P relationship or the distribution of power List of Subjects in 40 CFR Part 52 and responsibilities established in the Environmental protection, Air Clean Air Act. This rule also is not pollution control, Carbon monoxide, ENVIRONMENTAL PROTECTION subject to Executive Order 13045 Hydrocarbons, Incorporation by AGENCY ‘‘Protection of Children from reference, Intergovernmental relations, Environmental Health Risks and Safety Lead, Nitrogen dioxide, Ozone, 40 CFR Part 52 Risks’’ (62 FR 19885, April 23, 1997), Particulate matter, Reporting and because it is not economically [OH 103–1a; FRL–7114–1] recordkeeping requirements, Sulfur significant. oxides. Approval and Promulgation of In reviewing SIP submissions, EPA’s Implementation Plans; Ohio role is to approve state choices, Dated: January 11, 2002. provided that they meet the criteria of A. Stanley Meiburg, AGENCY: Environmental Protection the Clean Air Act. In this context, in the Acting Regional Administrator, Region 4. Agency (EPA). absence of a prior existing requirement ACTION: Direct final rule. for the State to use voluntary consensus Chapter I, title 40, Code of Federal standards (VCS), EPA has no authority Regulations, is amended as follows: SUMMARY: On March 20, 2000, Ohio to disapprove a SIP submission for submitted certain revisions to the State failure to use VCS. It would thus be PART 52—[AMENDED] Implementation Plan (SIP) for sulfur inconsistent with applicable law for dioxide (SO2) for several Ohio counties. EPA, when it reviews a SIP submission, 1. The authority for citation for part Today, EPA is rulemaking on portions to use VCS in place of a SIP submission 52 continues to read as follows: of this submittal which were not that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401 et seq. addressed in a June 5, 2000, rulemaking
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(see 65 FR 35577). In today’s action, Lorain county portions of this submittal not all, of the rest of the County. EPA is approving revised emission on June 5, 2000 (65 FR 35577). Today Consequently, EPA is approving the full limits for sources in Butler, Pickaway, EPA is taking action on the remaining set of rules Ohio submitted for Butler and Lake Counties. In addition, EPA is elements of the March 20, 2000 County on the basis of their effect of approving selected parts of the State’s submittal. The rules that EPA is strengthening the SIP’s protection rules for compliance schedules and test addressing are listed in the following against NAAQS violations. methods. In conjunction with these table. 2. Pickaway County (OAC 3745–18–71) actions, EPA is rescinding federally promulgated SO2 emission limits for TABLE 1.—RULES BEING ADDRESSED The TSD explains the history of SO2 Butler, Lorain, Coshocton, Gallia, and IN THIS ACTION modeling conducted to assess the Lake Counties, since these limitations impact in Pickaway County of new have been superseded by approved State State rule Rule subject sources in southern Franklin County. As limits. a result of the modeling, Ohio adopted OAC 3745–18–15 ..... Butler County. a lower emission limit for boilers at the DATES: This ‘‘direct final’’ rule is OAC 3745–18–71 ..... Pickaway County. Picway Generating Plant. Ohio changed effective on April 1, 2002, unless EPA OAC 3745–18–49 ..... Lake County. the allowable emission limit for the receives adverse written comments by OAC 3745–18–03 ..... Compliance Time Columbus Southern Power Company, March 4, 2002. If EPA receives adverse Schedules. Picway Generating Plant boiler numbers written comments, EPA will publish a OAC 3745–18–04 ..... Measurement Meth- 7, 8, and 9 from 9.9 to 5.6 pounds of the timely withdrawal of the rule in the ods and Proce- sulfur dioxide per Million British Federal Register and will inform the dures. Thermal Unit (MM BTU) actual heat public that the rule will not take effect. 40 CFR 52.1881(b) ... Removal of Super- seded Parts of the input for each boiler. EPA reviewed the ADDRESSES: You may send written FIP. modeling and concurred that an comments to: J. Elmer Bortzer, Chief, emission limit of 5.6 pounds of sulfur Regulation Development Section, Air EPA has prepared a technical support dioxide per MM BTU is adequate to Programs Branch (AR–18J), document (TSD) dated September 5, meet the NAAQS. EPA, therefore, Environmental Protection Agency, 77 2001 discussing these rules, providing approves this rule revision. West Jackson Boulevard, Chicago, the history of related rulemaking and a 3. Lake County (OAC 3745–18–49) Illinois 60604. more detailed analysis of the State’s Copies of the revision request are submittal. The TSD describes the history of SO2 available for inspection at the following emission limits in Lake County. This address: Environmental Protection II. Summary and Analysis of the State history includes the approval of State- Agency, Region 5, Air and Radiation Rules adopted limits which were covered in Division, 77 West Jackson Boulevard, 1. Butler County (OAC 3745–18–15) the March 17, 1999 rulemaking (64 FR Chicago, Illinois 60604. (We recommend 13071). The TSD also discusses the that you telephone Phuong Nguyen, The TSD describes the history of SO2 lawsuit involved with the Painesville Environmental Scientist, at (312) 886– limitations in Butler County. This Municipal Plant. This lawsuit 6701 before visiting the Region 5 office.) history includes federal promulgation of concluded with a consent decree which FOR FURTHER INFORMATION CONTACT: limits and the rescission of most of required Painesville to physically Phuong Nguyen at (312) 886–6701. these limits, as well as a State submittal modify the unit to derate its capacity to of comparable rules that EPA SUPPLEMENTARY INFORMATION: below the new source performance disapproved. The recent State submittal Throughout this document wherever standards (NSPS) threshold (250 is intended to fill the gap in federally ‘‘we’’ ‘‘us’’ or ‘‘our’’ are used we mean MMBTU per hour). The consent decree enforceable rules. The TSD also EPA. This supplemental information also established an interim limit of 4.7 describes modeling conducted by Ohio section is organized as follows: pounds per MM BTU and called for EPA to assess the impact of the Butler I. What rules are EPA addressing today? establishment of a final limit pursuant county revisions. II. Summary and analysis of the state to modeling. rules. EPA analyzed the State’s submittal by EPA has previously approved 1. Butler County (OAC 3745–18–15) comparing it with existing federally modeling for this area of Lake County. 2. Pickaway County (OAC 3745–18– enforceable limits. Due to historical rule The modeling showed attainment based, 71) rescissions, existing federally in part, on a limit of 5.7 pounds per MM 3. Lake County (OAC 3745–18–49) enforceable limits still apply to only a BTU for all units at the Painesville 4. Compliance Time Schedules (OAC few relatively insignificant sources in Municipal Plant. EPA previously 3745–18–03) the County. By contrast, Ohio’s new approved application of this limit to 5. Measurement Methods and limits establish source-specific limits for other boilers at the Painesville Procedures (OAC 3745–18–04) the full range of significant sources in Municipal Plant besides boiler number III. Federal Implementation Plan (FIP) the County. For some sources, the new 5. EPA is relying on that same modeling replacement. limits are slightly less stringent. as a basis for approving the same limit IV. What action is EPA taking? However, these sources are relatively for boiler number 5. 1. Action on State rules. insignificant in comparison to the 4. Compliance Time Schedules (OAC 2. Action on Federal Implementation sources that now have limits and were 3745–18–03) Plan (FIP). previously unregulated. EPA expects the V. Administrative requirements. tightening effect of establishing limits Rule OAC 3745–18–03 addresses the on the most significant sources will far compliance time and schedules for I. What Rules Are EPA Addressing outweigh the slight relaxation in limits sources in the entire State of Ohio. The Today? for some sources, particularly in the TSD explains in detail why EPA did not On March 20, 2000, Ohio submitted areas most likely to observe exceedances rulemake on the entire 1979 version of several revised SO2 rules to EPA. EPA of the National Ambient Air Quality this rule in January 27, 1981 (46 FR approved the Coshocton, Gallia, and Standards (NAAQS) but also in most, if 8482).
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In today’s action, EPA is approving III. FIP Replacement Risks (62 FR 19885, April 23, 1997), the overall compliance deadline for Several of the FIP limits that EPA applies to any rule that: (1) Is Butler County (OAC 3745–18– promulgated in 1976 have become determined to be ‘‘economically 03(A)(2)(d)) as well as certification and superseded by approval of significant’’ as defined under Executive permit application requirements for corresponding state rules. EPA Order 12866, and (2) concerns an sources in Butler County (OAC 3745– approved State adopted emission limits environmental health or safety risk that 18–03(B)(8)). EPA is also approving the for Lorain, Coshocton, and Gallia on EPA has reason to believe may have a compliance time schedules for sources June 5, 2000 (65 FR 35577), and for Lake disproportionate effect on children. If in both Butler County (3745–18– County on March 30, 1998 (63 FR the regulatory action meets both criteria, 03(C)(6)), and Pickaway County (3745– 15091). In this action, EPA is approving the Agency must evaluate the 18–03(C)(10)). the emission limits for Butler County. environmental health or safety effects of In a previous rulemaking approving These state-adopted emission limits the planned rule on children, and the Lorain County limits, EPA supersede the FIP limits. Therefore, EPA explain why the planned regulation is inadvertently failed to approve the rescinds the federal promulgated preferable to other potentially effective and reasonably feasible alternatives associated compliance provisions, in emission limitations for SO2 for Butler, particular, the certification and permit Lorain, Coshocton, Gallia, and Lake considered by the Agency. application requirements for U.S. Steel Counties since the FIP limits are no This rule is not subject to Executive Corporation in Lorain County (OAC longer needed. Order 13045 because it does not involve 3745–18–03(B)(4)). EPA is approving decisions intended to mitigate these provisions today. IV. What Action Is EPA Taking? environmental health or safety risks. 5. Measurement Methods and A. Action on State Rules C. Executive Order 13132 Procedures (OAC 3745–18–04) In this action, EPA is approving the Federalism (64 FR 43255, August 10, emission limits for specific sources in 1999) revokes and replaces Executive Rule OAC 3745–18–04 addresses the Butler (OAC 3745–18–15), Pickaway Orders 12612 (Federalism) and 12875 measurement methods and procedures (OAC 3745–18–71), and Lake (OAC (Enhancing the Intergovernmental for sources in the entire State of Ohio. 3745–1849) Counties. In addition, EPA Partnership). Executive Order 13132 The TSD describes the history and is approving the overall compliance requires EPA to develop an accountable provides a more detailed review of these deadlines, certification and permit process to ensure ‘‘meaningful and rule revisions. application, and compliance time timely input by State and local officials In today’s action, EPA approves the schedule for Butler (OAC 3745–18– in the development of regulatory test methods and procedures for sources 03(A)(2)(d), OAC 3745–18–03(B)(8), and policies that have federalism in Butler County (OAC 3745–18– OAC 3745–18–03 (C)(6)), Pickaway implications.’’ ‘‘Policies that have 04(D)(9)). The rule allows sources which Counties (OAC 3745–18–03(C)(10)). federalism implications’’ is defined in are burning coal in Butler County to be EPA is also approving the certification the Executive Order to include able to use stack tests, continuous and permit application for U.S. Steel regulations that have ‘‘substantial direct emission monitoring, or coal sampling Corporation in Lorain County (OAC effects on the States, on the relationship and analysis as the methods for 3745–18–03(B)(4)). between the national government and determining compliance with the Finally, EPA is approving the test the States, or on the distribution of applicable SO2 emission limits. EPA methods and procedures for sources in power and responsibilities among the also approves paragraph OAC 3745–18– Butler County (OAC 3745–18–04 (D)(9), various levels of government.’’ Under 04(E)(7) which specifies the test OAC 3745–18–04(D)(8), OAC 3745–18– Executive Order 13132, EPA may not methods and procedures for 04(E)(7)). EPA is also approving a issue a regulation that has federalism determining compliance with the change in the sulfur to sulfur-dioxide implications, that imposes substantial applicable SO2 limits for any boiler conversion factor used in Hamilton direct compliance costs, and that is not burning fuel other than coal in Butler County (OAC 3745–18–04–(F)(1)), as required by statute, unless the Federal County. well as a change in the sulfur content government provides the funds In addition, Ohio changed paragraphs used to define a de minimis exemption necessary to pay the direct compliance (D)(7), (D)(8), and (G) for sources in for natural gas (OAC 3745–18–04(F)(4)). costs incurred by State and local Hamilton County, which EPA had governments, or EPA consults with B. Action on FIP approved in 1994 (59 FR 43287). The State and local officials early in the revised rule OAC 3745–18–04 changes a EPA is rescinding the federal process of developing the proposed conversion factor in the emission rate promulgated emission limits for SO2 regulation. EPA also may not issue a calculation for solid fuel in Hamilton sources in Butler, Lorain, Coshocton, regulation that has federalism County from 1.95 to 1.9. Hamilton Gallia, and Lake Counties codified at 40 implications and that preempts State County sources would now apply the CFR 52.1881(b)(12),(14),(17),(18), and law unless the Agency consults with same conversion factor as other sources (20), respectively. State and local officials early in the in the State. EPA believes this is an V. Administrative Requirements process of developing the proposed appropriate revision to the SIP. regulation. Finally, EPA is approving an A. Executive Order 12866 This rule will not have substantial amendment in OAC 3745–18–04(F)(4). The Office of Management and Budget direct effects on the States, on the The amendment increases the cut point (OMB) has exempted this regulatory relationship between the national from 0.5 to 0.6 pounds of SO2 per action from Executive Order 12866, government and the States, or on the million standard cubic feet in natural entitled ‘‘Regulatory Planning and distribution of power and gas that has a heat content greater than Review.’’ responsibilities among the various 950 BTU per standard cubic feet. EPA levels of government, as specified in believes that such an emissions increase B. Executive Order 13045 Executive Order 13132, because it is insignificant; therefore, we approve Protection of Children from merely approves a state rule this revision. Environmental Health Risks and Safety implementing a federal standard, and
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does not alter the relationship or the into law on March 22, 1995, EPA must would be inconsistent with applicable distribution of power and prepare a budgetary impact statement to law or otherwise impractical. responsibilities established in the Clean accompany any proposed or final rule The EPA believes that VCS are Air Act. Thus, the requirements of that includes a Federal mandate that inapplicable to this action. Today’s section 6 of the Executive Order do not may result in estimated costs to State, action does not require the public to apply to this rule. local, or tribal governments in the perform activities conducive to the use aggregate; or to the private sector, of of VCS. D. Executive Order 13175 $100 million or more. Under section This final rule does not have tribal 205, EPA must select the most cost- J. Petitions for Judicial Review implications. It will not have substantial effective and least burdensome Under section 307(b)(1) of the Clean direct effects on tribal governments, on alternative that achieves the objectives Air Act, petitions for judicial review of the relationship between the Federal of the rule and is consistent with this action must be filed in the United government and Indian tribes, or on the statutory requirements. Section 203 States Court of Appeals for the distribution of power and requires EPA to establish a plan for appropriate circuit by April 1, 2002. responsibilities between the Federal informing and advising any small Filing a petition for reconsideration by government and Indian tribes, as governments that may be significantly the Administrator of this final rule does specified in Executive Order 13175. or uniquely impacted by the rule. not affect the finality of this rule for the Thus, Executive Order 13175 does not EPA has determined that the approval purposes of judicial review nor does it apply to this rule. action promulgated does not include a extend the time within which a petition Federal mandate that may result in E. Executive Order 13211 for judicial review may be filed, and estimated costs of $100 million or more shall not postpone the effectiveness of This rule is not subject to Executive to either State, local, or tribal such rule or action. This action may not Order 13211, ‘‘Actions Concerning governments in the aggregate, or to the be challenged later in proceedings to Regulations That Significantly Affect private sector. This Federal action enforce its requirements. (See section Energy Supply, Distribution, or use’’ (66 approves pre-existing requirements 307(b)(2).) FR 28355, May 22, 2001) because it is under State or local law, and imposes not a significant regulation action under no new requirements. Accordingly, no List of Subjects in 40 CFR Part 52 Executive Order 12866. additional costs to State, local, or tribal Environmental protection, Air governments, or to the private sector, F. Regulatory Flexibility pollution control, Incorporation by result from this action. reference, Intergovernmental relations, The Regulatory Flexibility Act (RFA) Reporting and recordkeeping, Sulfur generally requires an agency to conduct H. Submission to Congress and the dioxide. a regulatory flexibility analysis of any Comptroller General rule subject to notice and comment The Congressional Review Act, 5 Dated: November 29, 2001. rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small Christine Todd Whitman, agency certifies that the rule will not Business Regulatory Enforcement Administrator. have a significant economic impact on Fairness Act of 1996, generally provides For the reasons stated in the a substantial number of small entities. that before a rule may take effect, the preamble, part 52, chapter I, title 40 of Small entities include small businesses, agency promulgating the rule must the Code of Federal Regulations are small not-for-profit enterprises, and submit a rule report, which includes a amended as follows: small governmental jurisdictions. copy of the rule, to each House of the This rule will not have a significant Congress and to the Comptroller General PART 52—[AMENDED] impact on a substantial number of small of the United States. EPA will submit a entities because SIP approvals under report containing this rule and other 1. The authority citation for part 52 section 110 and subchapter I, part D of required information to the U.S. Senate, continues to read as follows: the Clean Air Act do not create any new the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq. requirements but simply approve the Comptroller General of the United requirements that the State is already States prior to publication of the rule in Subpart KK—Ohio imposing. Therefore, because the the Federal Register. A major rule Federal SIP approval does not create cannot take effect until 60 days after it 2. Section 52.1870 is amended by any new requirements, I certify that this is published in the Federal Register. adding paragraph (c)(125) to read as action will not have a significant This action is not a ‘‘major rule’’ as follows: economic impact on a substantial defined by 5 U.S.C. 804(2). This rule § 52.1870 Identification of plan. number of small entities. Moreover, due will be effective April 1, 2002, unless to the nature of the Federal-State EPA receives adverse written comments * * * * * relationship under the Clean Air Act, by March 4, 2002. (c)* * * preparation of flexibility analysis would (125) On March 20, 2000, the Ohio I. National Technology Transfer and constitute Federal inquiry into the Environmental Protection Agency Advancement Act economic reasonableness of state action. submitted revised rules to control sulfur The Clean Air Act forbids EPA to base Section 12 of the National Technology dioxide emissions in Butler and its actions concerning SIPs on such Transfer and Advancement Act Pickaway Counties, and a revision to grounds. Union Electric Co., v. U.S. (NTTAA) of 1995 requires Federal compliance time schedules as well as EPA, 427 U.S. 246, 255–66 (1976); 42 agencies to evaluate existing technical measurement methods and procedures U.S.C. 7410(a)(2). standards when developing a new for SO2 sources for the State of Ohio. regulation. To comply with NTTAA, Ohio has rescinded OAC 3745–18–04 G. Unfunded Mandates EPA must consider and use ‘‘voluntary (G), which had special emission Under sections 202 of the Unfunded consensus standards’’ (VCS) if available calculation procedures for Hamilton Mandates Reform Act of 1995 and applicable when developing County. (‘‘Unfunded Mandates Act’’), signed programs and policies unless doing so (i) Incorporation by reference.
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(A) Rules OAC 3745–18–03(A)(2)(d); County (except Shell Chemical), Wayne final rule granting full approval to the OAC 3745–18–03(B)(4); OAC 3745–18– County, Williams County, Wood County District of Columbia’s title V operating 03(B)(8); OAC 3745–18–03(C)(6); OAC (except Libbey-Owens-Ford Plants Nos. permit program submitted to EPA under 3745–18–03(C)(10); 3745–18–04(D)(8); 4 and 8 and No. 6), and Wyandot the Clean Air Act Amendments of 1990 3745–18–04(D)(9); OAC 3745–18– County. and implementing regulations at 40 CFR 04(E)(7); OAC 3745–18–04(F); OAC * * * * * part 70. The final rule was published in 3745–18–15; OAC 3745–18–71. (8) No Action—EPA is neither the Federal Register on December 4, Adopted March 1, 2000, effective March approving nor disapproving the 2001 (66 FR 62954), and the proposed 21, 2000. emission limitations for the following rule was published in the Federal (B) Rule OAC 3745–18–49(F), counties/sources pending further Register on October 16, 2001 (66 FR effective May 11, 1987. review: Adams County (Dayton Power & 52561). EPA is hereby correcting a * * * * * Light-Stuart), Allen County (Cairo statement in the preamble to the final 3. Section 52.1881 is amended by Chemical), Clermont County (Cincinnati rule concerning EPA’s most recent revising paragraphs (a)(4), (a)(8), and Gas & Electric-Beckjord), Cuyahoga proposed interpretation of the term removing and reserving paragraphs County, Franklin County, Lawrence modifications under Title I of the Clean (b)(12), (b)(14), (b)(17), (b)18), and County (Allied Chemical-South Point), Air Act. The correction merely provides (b)(20) to read as follows: Lucas County (Gulf Oil Company, an accurate reference to EPA’s most Coulton Chemical Company, and recent proposed interpretation of the § 52.1881 Control strategy: Sulfur oxides term and neither the correction nor the (sulfur dioxide). Phillips Chemical Company), Mahoning County, Montgomery County (Bergstrom initial statement is intended to have any (a) * * * Paper and Miami Paper), Pike County effect on the Agency’s final position on (4) Approval—EPA approves the (Portsmouth Gaseous Diffusion Plant), the December 4, 2001 rulemaking sulfur dioxide emission limits for the Ross County (Mead corporation), action. following counties: Adams County Sandusky County (Martin Marietta (except Dayton Power & Light-Stuart), In the preamble to the final rule, EPA Chemicals), Stark County, Washington Allen County (except Cairo Chemical), responded to an adverse comment on County (Shell Chemical Company), and Ashland County, Ashtabula County, the Proposed Rule which asserted that Athens County, Auglaize County, Wood County (Libbey-Owens-Ford EPA could not grant the District’s title Belmont County, Brown County, Butler Plants Nos. 4 and 8 and No. 6). V operating permit program full County, Carroll County, Champaign * * * * * approval because the program excludes changes reviewed under minor new County, Clark County, Clermont County, [FR Doc. 02–2379 Filed 1–30–02; 8:45 am] source review from the definition of (except Cincinnati Gas & Electric- BILLING CODE 6560–50–P Beckjord), Clinton County, Columbiana Title I modifications. EPA included the County, Coshocton County, Crawford following statement in the response: County, Darke County, Defiance County, ENVIRONMENTAL PROTECTION ‘‘Although EPA believes that the better Delaware County, Erie County, Fairfield AGENCY interpretation of ‘Title I modifications’’ County, Fayette County, Fulton County, is to include changes reviewed under a Gallia County, Geauga County, Greene 40 CFR Part 70 minor source preconstruction review program, EPA does not believe it is County, Guernsey County, Hamilton [DC–T5–2001a; FRL–7136–3] County, Hancock County, Hardin appropriate to require the District to County, Harrison County, Henry Clean Air Act Full Approval of change the definition until EPA County, Highland County, Hocking Operating Permit Program; District of completes its rulemaking on this County, Holmes County, Huron County, Columbia; Correction provision.’’ The ‘‘interpretation of ‘Title Jackson County, Jefferson County, Knox I modifications’’’ referred to in this County, Lake County, Lawrence County AGENCY: Environmental Protection statement is the one included in EPA’s (except Allied Chemical-South Point), Agency (EPA). proposed interim approval of the Licking County, Logan County, Lorain ACTION: Direct final rule; correcting District’s title V operating permit County, Lucas County (except Gulf Oil amendment. program, which was published in the Company, Coulton Chemical Company, Federal Register on March 21, 1995 (60 SUMMARY: This document corrects an and Phillips Chemical Company), FR 14921, 14922). The March 21, 1995 error in the preamble language of a final Madison County, Marion County, notice in turn reflected the proposed rule pertaining to the full approval of Medina County, Meigs County, Mercer interpretation of ‘‘Title I modification’’ the District of Columbia’s title V County, Miami County, Monroe County, contained in EPA’s proposed revisions Montgomery County (except Bergstrom operating permit program. EPA is to 40 CFR part 70 that were published Paper, Miami Paper), Morgan County, hereby correcting a statement in the in the Federal Register on August 29, Morrow County, Muskingum County, preamble to the final rule concerning its 1994 (59 FR 44460, 44463). However, Noble County, Ottawa County, Paulding proposed interpretation of the term EPA revised its proposed interpretation County, Perry County, Pickaway ‘‘modifications’’ under Title I of the of ‘‘Title I modifications’’ in the County, Pike County (except Clean Air Act. preamble to proposed revisions to 40 Portsmouth Gaseous Diffusion Plant), EFFECTIVE DATE: This correction is CFR parts 70 and 71 that were Portage County, Preble County, Putnam effective January 31, 2002. published in the Federal Register on County, Richland County, Ross County FOR FURTHER INFORMATION CONTACT: August 31, 1995 to exclude (except Mead Corporation), Sandusky Paresh R. Pandya, U.S. Environmental modifications under the minor new County (except Martin Marietta Protection Agency, Region III (3AP11), source review program in section Chemicals), Scioto County, Seneca 1650 Arch Street, Philadelphia, PA 110(a)(2)(C) of the Clean Air Act. See 60 County, Shelby County, Trumbull 19103 at (215) 814–2167 or by e-mail at FR 45530, 45545–45546 (explaining the County, Tuscarawas County, Union [email protected]. rationale for the revised proposed County, Van Wert County, Vinton SUPPLEMENTARY INFORMATION: Effective interpretation). The December 4, 2001 County, Warren County, Washington November 30, 2001, EPA promulgated a response to the adverse comment on
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‘‘Title I modifications’’ therefore did not procedure are unnecessary. We find that EPA has complied with Executive Order accurately reflect EPA’s current this constitutes good cause under 5 12630 (53 FR 8859, March 15, 1998) by proposed interpretation of this term. U.S.C. 553(b)(B). examining the takings implications of Thus, the first part of the statement the rule in accordance with the Administrative Requirements quoted above should not have been ‘‘Attorney General’s Supplemental included. This action corrects the Under Executive Order (E.O.) 12866 Guidelines for the Evaluation of Risk erroneous language in the preamble. (58 FR 51735, October 4, 1993), this and Avoidance of Unanticipated action is not a ‘‘significant regulatory Correction Takings’’ issued under the executive action’’ and is therefore not subject to order. This rule does not impose an In rule document No. 01–29967, review by the Office of Management and information collection burden under the beginning on page 62954, in the issue of Budget. For this reason, this action is Paperwork Reduction Act of 1995 (44 December 4, 2001, make the following also not subject to Executive Order U.S.C. 3501 et seq). correction: 13211, ‘‘Actions Concerning Regulations On page 62956, third column, remove That Significantly Affect Energy Supply, The Congressional Review Act (5 the last paragraph beginning with Distribution, or Use’’ (66 FR 28355 (May U.S.C. 801 et seq.), as added by the ‘‘Response:’’ and on page 62957, first 22, 2001)). Because the agency has made Small Business Regulatory Enforcement column, remove the first two a ‘‘good cause’’ finding that this action Fairness Act of 1996, generally provides paragraphs, and replace them with the is not subject to notice-and-comment that before a rule may take effect, the following text: requirements under the Administrative agency promulgating the rule must ‘‘Response: EPA, in its proposed Procedures Act or any other statute as submit a rule report, which includes a interim approval, indicated that a indicated in the Supplementary copy of the rule, to each House of the revision of the 20 DCMR 399.1 Information section above, it is not Congress and to the Comptroller General Definition of Title I Modification or subject to the regulatory flexibility of the United States. Section 808 allows modification under any provision of provisions of the Regulatory Flexibility the issuing agency to make a rule Title I of the Act to include changes Act (5 U.S.C. 601 et seq.), or to sections effective sooner than otherwise reviewed under minor new source 202 and 205 of the Unfunded Mandates provided by the CRA if the agency review would be required only if EPA Reform Act of 1995 (UMRA) (Pub. L. makes a good cause finding that notice established such a definition through 104–4). In addition, this action does not and public procedure is impracticable, rulemaking. Because EPA has not issued significantly or uniquely affect small unnecessary or contrary to the public any final rule specifying that the governments or impose a significant interest. This determination must be definition of a ‘Title I modification’ intergovernmental mandate, as supported by a brief statement. 5 U.S.C. must include changes subject to minor described in sections 203 and 204 of 808(2). As stated previously, EPA had new source review, the District’s current UMRA. This rule also does not have a made such a good cause finding, regulations remain consistent with 40 substantial direct effect on one or more including the reasons therefore, and CFR part 70. EPA does not believe it is Indian tribes, on the relationship established an effective date of appropriate to require the District to between the Federal Government and November 30, 2001. EPA will submit a revise the definition until such time as Indian tribes, or on the distribution of report containing this rule and other EPA completes its rulemaking on this power and responsibilities between the required information to the U.S. Senate, provision in a manner that requires a Federal Government and Indian tribes, the U.S. House of Representatives, and revision in the District’s rules. as specified by Executive Order 13175 the Comptroller General of the United Should EPA revise this definition in (65 FR 67249, November 9, 2000), nor States prior to publication of the rule in the future, the District will be required will it have substantial direct effects on the Federal Register. This correction to to revise its regulations as appropriate. the States, on the relationship between Rule Document No. 01–29967 for the As stated in EPA’s proposed interim the national government and the States, District of Columbia is not a ‘‘major approval published on March 21, 1995 or on the distribution of power and rule’’ as defined by 5 U.S.C. 804(2). (60 FR 14921, 14922), EPA did not responsibilities among the various Dated: January 24, 2002. identify the District’s definition of ‘Title levels of governments, as specified by Thomas C. Voltaggio, I modification or modification under Executive Order 13132 (64 FR 43255, any provision of Title I of the Act’ as Acting Regional Administrator, EPA Region August 10, 1999). This rule also is not III. necessary grounds for either interim subject to Executive Order 13045 (62 FR [FR Doc. 02–2377 Filed 1–30–02; 8:45 am] approval or disapproval. Accordingly, 19885, April 23, 1997), because it is not EPA has not identified the District’s economically significant. BILLING CODE 6560–50–P definition of this term to be a program This technical correction action does deficiency.’’ not involve technical standards; thus ENVIRONMENTAL PROTECTION Section 553 of the Administrative the requirements of section 12(d) of the AGENCY Procedure Act, 5 U.S.C. 553(b)(B), National Technology Transfer and provides that, when an agency for good Advancement Act of 1995 (15 U.S.C. 40 CFR Part 80 cause finds that notice and public 272 note) do not apply. The rule also procedure are impracticable, does not involve special consideration Regulation of Fuels and Fuel Additives unnecessary or contrary to the public of environmental justice related issues interest, the agency may issue a rule as required by Executive Order 12898 CFR Correction without providing notice and an (59 FR 7629, February 16, 1994). In In Title 40 of the Code of Federal opportunity for public comment. We issuing this rule, EPA has taken the Regulations, Parts 72 to 80, revised as of have determined that there is good necessary steps to eliminate drafting July 1, 2001, on page 705, § 80.101 is cause for making today’s rule final errors and ambiguity, minimize corrected by removing the second without prior proposal and opportunity potential litigation, and provide a clear paragraph (f)(4). for comment because we are merely legal standard for affected conduct, as correcting an incorrect citation in a required by section 3 of Executive Order [FR Doc. 02–55501 Filed 1–30–02; 8:45 am] previous action. Thus, notice and public 12988 (61 FR 4729, February 7, 1996). BILLING CODE 1505–01–D
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ENVIRONMENTAL PROTECTION Register of January 14, 2002, a Aviation Organization (ICAO). The AGENCY document concerning the 2000 biennial Commission has adopted these review of the Commercial Mobile Radio amendments in response to a petition 40 CFR Part 122 Service (CMRS) spectrum aggregation for partial reconsideration of the Report limit, or ‘‘spectrum cap,’’ and cellular and Order in this proceeding, filed by EPA Administered Permit Programs: cross-interest rules. Inadvertently Aeronautical Radio, Inc. (ARINC). These The National Pollutant Discharge amendatory instruction no. 2 to 47 CFR rule amendments will serve the public Elimination System 22.942 contained an error. This interest because the revised standards CFR Correction document corrects that instruction. have been accepted by the aviation DATES: Effective February 13, 2002. community globally and will assist the In Title 40 of the Code of Federal FOR FURTHER INFORMATION CONTACT: aviation industry in implementing new Regulations, Parts 100 to 135, revised as Lauren Kravetz Patrich or John data communications systems. In of July 1, 2001, § 122.26 is corrected by Branscome, Commercial Wireless addition, by facilitating the deployment revising paragraph (c)(1)(i)(E)(4) and Division, Wireless Telecommunications of advanced aviation communications removing and reserving paragraph (c)(2) Bureau, at (202) 418–0620. technology, these amendments will to read as follows: SUPPLEMENTARY INFORMATION: The serve the goals of aviation safety and § 122.26 Storm water discharges Federal Communications Commission efficiency that underlie this proceeding. (applicable to State NPDES programs, see published a document in the Federal EFFECTIVE DATE: Effective March 4, 2002. § 123.25). Register of January 14, 2002, (67 FR FOR FURTHER INFORMATION CONTACT: * * * * * 1626). This correction revises Jeffrey Tobias, Wireless (c) * * * amendatory instruction no. 2 to 47 CFR Telecommunications Bureau at (202) (1) * * * 22.942. In FR Doc. 02–868, published in 418–0680. (i) * * * the Federal Register of January 14, 2002 SUPPLEMENTARY INFORMATION: 1. This is (E) * * * (67 FR 1626) make the following a summary of the Commission’s (4) Any information on the discharge correction. On page 1642, in the third Memorandum Opinion and Order, FCC required under § 122.21(g)(7) (vi) and column, correct amendatory instruction 01–378, adopted on December 21, 2001, (vii); no. 2 to read as follows: and released on December 28, 2001. The full text of this Memorandum Opinion * * * * * § 22.942 [Corrected] (2) [Reserved] and Order is available for inspection 2. Section 22.942 is amended by and copying during normal business * * * * * revising the section heading and hours in the FCC Reference Center, [FR Doc. 02–55502 Filed 1–30–02; 8:45 am] paragraphs (a) and (c) to read as follows: Room CY–A257, 445 12th Street, SW., BILLING CODE 1505–01–D * * * * * Washington, D.C. 20554. The complete Dated: January 24, 2002. text may be purchased from the Federal Communications Commission. Commission’s copy contractor, Qualex International, Portals II, 445 12th Street, FEDERAL COMMUNICATIONS William F. Caton, COMMISSION S.W., Room CY–B402, Washington, D.C. Deputy Secretary. 20554. 47 CFR Part 0 [FR Doc. 02–2363 Filed 1–30–02; 8:45 am] BILLING CODE 6712–01–P Summary of Report and Order Commission Organization 2. Based on the record in this proceeding, we conclude that we should CFR Correction FEDERAL COMMUNICATIONS grant ARINC’s petition for partial In Title 47 of the Code of Federal COMMISSION reconsideration because § 87.139(k) of Regulations, parts 0 to 19, revised as of the Commission’s rules, 47 CFR 47 CFR Part 87 October 1, 2001, on page 20, the second 87.139(k), as adopted in the Report and § 0.111 is removed. [WT Docket No. 00–77; FCC 01–378] Order, does not reflect recent changes in [FR Doc. 02–55504 Filed 1–30–02; 8:45 am] international standards pertaining to the Accommodation of Advanced Digital emission mask and out-of-band power BILLING CODE 1505–01–D Communications in the 117.975–137 levels for VHF digital aviation MHz Frequency Band and communications systems. These Implementation of Flight Information modifications of the international FEDERAL COMMUNICATIONS Services in the 136–137 MHz COMMISSION SARPs, adopted by the ICAO after the Frequency Band period for submitting comments to the 47 CFR Parts 20 and 22 AGENCY: Federal Communications Notice of Proposed Rulemaking in this proceeding, 65 FR 41032, July 3, 2000, [WT Docket No. 01–14; FCC 01–328] Commission. ACTION: Final rule. are to take effect on January 1, 2002. The 2000 Biennial Regulatory Review— ICAO has increased the amount of SUMMARY: Spectrum Aggregation Limits For This document amends the power permissible in the first adjacent Commercial Mobile Radio Services; Commission’s rules to specify that very channel by 2 dB, specifying that the Correction high frequency (VHF) aeronautical total amount of power across the first stations operating with phase adjacent channel shall not exceed 2 AGENCY: Federal Communications modulation digital data emissions shall dBm, rather than the 0 dBm now Commission. limit their power and out-of-band specified in § 87.139(k)(1). The ICAO ACTION: Final rule; correction. emissions in accord with recently has also specified that the power modified international Standards and measured over a 16 kHz bandwidth SUMMARY: The Federal Communications Recommended Practices (SARPs) centered in either first adjacent 25 kHz Commission published in the Federal adopted by the International Civil channel shall be limited to ¥18 dBm,
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instead of the ¥20 dBm limit set forth out-of-band emission limits applicable Counsel for Advocacy of the Small in § 87.139(k)(3). Finally, the ICAO has to VHF aeronautical stations and aircraft Business Administration. increased the amount of suppression stations operating with digital required for out-of-band emissions in communications technology. These List of Subjects in 47 CFR Part 87 the second adjacent channels and minor revisions conform our rules with Air transportation; Radio. beyond. The old standard required that international standards applicable to the amount of power measured across equipment and aircraft operating Federal Communications Commission. either second adjacent channel be less outside United States airspace, and have William F. Caton, than ¥25 dBm, and that the power been adopted at the request of Deputy Secretary. measured in any other adjacent 25 kHz Aeronautical Radio, Inc., an channels decrease monotonically by at organization representing the civil Rule Changes least 5 dB per octave to a maximum aviation industry, without objection value of ¥52 dBm. Under the new from any party. These minor revisions For reasons discussed in the standard, the amount of power do not impose any new reporting or preamble, the Federal Communication measured across either second adjacent compliance requirements on any entity, Commission amends 47 CFR part 87 as 25 kHz channel must be less than ¥28 do not otherwise impose any additional follows: dBm, the amount of power measured burdens on any small entities, and do PART 87—AVIATION SERVICES across either fourth adjacent 25 kHz not require alteration of the Final channel must be less than ¥38 dBm, Regulatory Flexibility Analysis for the 1. The authority citation for part 87 and from thereon the power measured Report and Order. We therefore certify continues to read as follows: in any other adjacent 25 kHz channel that the adoption of this Memorandum must monotonically decrease at a rate of Opinion and Order will not have a Authority: 47 U.S.C. 154, 303, and 307(e), at least 5 dB per octave to a maximum significant economic impact on a unless otherwise noted. ¥ value of 53 dBm. substantial number of small entities. 3. It would serve the public interest to 2. Section 87.139 is amended by Report to Congress: The Commission revising paragraph (k) to read as follows: have these revised standards reflected in will send a copy of this Memorandum § 87.139(k) because they have been Opinion and Order, including a copy of § 87.139 Emission limitations. accepted by the aviation community this Final Regulatory Flexibility * * * * * globally and will assist the aviation Certification, in a report to be sent to industry in implementing new data Congress pursuant to the Small Business (k) For VHF aeronautical stations and communications systems. In addition, Regulatory Enforcement Fairness Act of aircraft stations operating with G1D or by facilitating the deployment of 1996, see 5 U.S.C. 801(a)(1)(A). In G7D emissions: advanced aviation communications addition, the Commission will send a (1) The amount of power measured technology, this amendment will also copy of this Memorandum Opinion and serve the goals of effective aviation across either first adjacent 25 kHz Order, including a copy of this Final safety and efficiency that underlie this channel shall not exceed 2 dBm. Regulatory Flexibility Certification, to proceeding. Consistent with the ICAO (2) For stations first installed before the Chief Counsel for Advocacy of the rules scheduled to take effect on January January 1, 2002, the amount of power Small Business Administration. A copy 1, 2002, stations installed before January of the Report and Order and Final measured across either second adjacent 1, 2002 that meet the existing out-of- ¥ Regulatory Flexibility Certification (or channel shall be less than 25 dBm and band emission suppression standard in summaries thereof) will also be the power measured in any other § 87.139(k)(2) but not the revised published in the Federal Register. See adjacent 25 kHz channels shall standard will be permitted to continue 5 U.S.C. 604(b). monotonically decrease at a rate of at operating indefinitely. least 5 dB per octave to a maximum Final Regulatory Flexibility Certification Ordering Clauses value of ¥52 dBm. For stations first 4. The Regulatory Flexibility Act of 6. Authority for issuance of this installed on or after January 1, 2002, 1980, as amended, (RFA) requires that a Memorandum Opinion and Order is (i) The amount of power measured regulatory flexibility analysis be contained in sections 1, 4(i), 302, 303(f) across either second adjacent 25 kHz prepared for rulemaking proceedings, and (r), and 332 of the Communications channel shall be less than ¥28 dBm; Act of 1934, as amended, 47 U.S.C. 151, unless the agency certifies that ‘‘the rule (ii) The amount of power measured will not have a significant economic 154(i), 302, 303(f) and (r), 332. 7. The Petition for Partial across either fourth adjacent 25 kHz impact on a substantial number of small channel shall be less than ¥38 dBm; entities.’’ The RFA generally defines Reconsideration filed by Aeronautical and ‘‘small entity’’ as having the same Radio, Inc. on June 14, 2001 is granted. meaning as the terms ‘‘small business,’’ 8. Pursuant to sections 1, 4(i), 302, (iii) From thereon the power ‘‘small organization,’’ and ‘‘small 303(f) and (r), and 332 of the measured in any other adjacent 25 kHz governmental jurisdiction.’’ In addition, Communications Act of 1934, as channel shall monotonically decrease at the term ‘‘small business’’ has the same amended, 47 U.S.C. 151, 154(i), 302, a rate of at least 5 dB per octave to a meaning as the term ‘‘small business 303(f) and (r), 332, part 87 of the maximum value of ¥53 dBm. concern’’ under the Small Business Act. Commission’s rules, 47 CFR part 87, is (3) The amount of power measured A small business concern is one which: amended as set forth in Rule Changes, over a 16 kHz channel bandwidth effective March 4, 2002. (1) Is independently owned and centered on the first adjacent 25 kHz 17. The Commission’s Consumer operated; (2) is not dominant in its field channel shall not exceed ¥18 dBm. of operation; and (3) satisfies any Information Bureau, Reference additional criteria established by the Information Center, shall send a copy of [FR Doc. 02–2284 Filed 1–30–02; 8:45 am] Small Business Administration (SBA). this Memorandum Opinion and Order, BILLING CODE 6712–01–P 5. In this Memorandum Opinion and including the Final Regulatory Order, we make minor revisions to the Flexibility Certification, to the Chief
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DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The and southern subzones. The southern fishery for coastal migratory pelagic fish subzone is that part of the Florida west Office of the Secretary (king mackerel, Spanish mackerel, cero, coast subzone which from November 1 cobia, little tunny, dolphin, and, in the through March 31 extends south and 49 CFR Part 40 Gulf of Mexico only, bluefish) is west from 25°20.4′ N. lat. to 26°19.8′ N. managed under the Fishery lat.(a line directly west from the Lee/ Procedures for Transportation Management Plan for the Coastal Collier County, FL, boundary), i.e., the Workplace Drug and Alcohol Testing Migratory Pelagic Resources of the Gulf area off Collier and Monroe Counties. Programs of Mexico and South Atlantic (FMP). From April 1 through October 31, the CFR Correction The FMP was prepared by the Gulf of southern subzone is that part of the Mexico and South Atlantic Fishery Florida west coast subzone which is In Title 49 of the Code of Federal Management Councils (Councils) and is between 26°19.8′ N. lat. and 25°48′ N. Regulations, Parts 1 to 99, revised as of implemented under the authority of the lat.(a line directly west from the October 1, 2001, on page 593, § 40.45 is Magnuson-Stevens Fishery Monroe/Collier County, FL, boundary), corrected by revising paragraph (a) to Conservation and Management Act i.e., the area off Collier County. read as follows: (Magnuson-Stevens Act) by regulations Classification § 40.45 What form is used to document a at 50 CFR part 622. DOT urine collection? Based on the Councils’ recommended This action responds to the best (a) The Federal Drug Testing Custody total allowable catch and the allocation available information recently obtained and Control Form (CCF) must be used ratios in the FMP, on April 30, 2001 (66 from the fishery. The closure must be to document every urine collection FR 17368, March 30, 2001) NMFS implemented immediately to prevent an required by the DOT drug testing implemented a commercial quota of overrun of the commercial quota (50 program. The CCF must be a five-part 2.25 million lb (1.02 million kg) for the CFR 622.42(c)(1)) of Gulf group king carbonless manifold form. You may eastern zone (Florida) of the Gulf mackerel, given the capacity of the view this form on the Department’s web migratory group of king mackerel. That fishing fleet to harvest the quota site (http://www.dot.gov/ost/dapc) or quota is further divided into separate quickly. Overruns could potentially lead the HHS web site (http:// quotas for the Florida east coast subzone to further overfishing and unnecessary www.workplace.samhsa.gov). and the northern and southern Florida delays in rebuilding this resource. west coast subzones. On April 27, 2000, * * * * * Therefore, any delay in implementing NMFS implemented the final rule (65 this action would be impractical and [FR Doc. 02–55503 Filed 1–30–02; 8:45 am] FR 16336, March 28, 2000) that divided contradictory to the Magnuson-Stevens BILLING CODE 1505–01–D the Florida west coast subzone of the Act, the FMP, and the public interest. eastern zone into northern and southern NMFS finds, for good cause, that the subzones, and established their separate implementation of this action cannot be DEPARTMENT OF COMMERCE quotas. The quota newly implemented delayed for 30 days. Accordingly, under for the southern Florida west coast 5 U.S.C. 553(d), a delay in the effective National Oceanic and Atmospheric subzone is 1,040,625 lb (472,020 kg). date is waived. Administration That quota is further divided into two This action is taken under 50 CFR equal quotas of 520,312 lb (236,010 kg) 622.43(a) and is exempt from review 50 CFR Part 622 for vessels in each of two groups fishing under E.O. 12866. with run-around gillnets and hook-and- [Docket No. 001005281–0369–02; I.D. Authority: 16 U.S.C. 1801 et seq. 012502C] line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)). Dated: January 25, 2002. Fisheries of the Caribbean, Gulf of Under 50 CFR 622.43(a)(3), NMFS is Jonathan M. Kurland, Mexico, and South Atlantic; Coastal required to close any segment of the Acting Director,Office of Sustainable Migratory Pelagic Resources of the king mackerel commercial fishery when Fisheries, National Marine Fisheries Service. Gulf of Mexico and South Atlantic; its quota has been reached, or is [FR Doc. 02–2295 Filed 1–25–02; 4:57 pm] projected to be reached, by filing a Closure BILLING CODE 3510–22–S notification at the Office of the Federal AGENCY: National Marine Fisheries Register. NMFS has determined that the Service (NMFS), National Oceanic and commercial quota of 520,312 lb (236,010 DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), kg) for Gulf group king mackerel for Commerce. vessels using run-around gillnet gear in National Oceanic and Atmospheric ACTION: Closure. the southern Florida west coast subzone Administration will be reached on January 27, 2002. SUMMARY: NMFS closes the commercial Accordingly, the commercial fishery for run-around gillnet fishery for king 50 CFR Part 679 king mackerel for such vessels in the mackerel in the exclusive economic southern Florida west coast subzone is [Docket No. 011218304-1304-01; I.D. zone (EEZ) in the southern Florida west closed at 6 a.m., local time, January 28, 012402B] coast subzone. This closure is necessary 2002, through 6:00 a.m., January 21, to protect the Gulf king mackerel Fisheries of the Exclusive Economic 2003, the beginning of the next fishing resource. Zone Off Alaska; Pollock in Statistical season, i.e., the day after the 2003 Area 630 of the Gulf of Alaska DATES: The closure is effective 6 a.m., Martin Luther King Jr. Federal holiday. local time, January 28, 2002, through The Florida west coast subzone is that AGENCY: National Marine Fisheries 6:00 a.m., January 21, 2003. part of the eastern zone south and west Service (NMFS), National Oceanic and ° ′ FOR FURTHER INFORMATION CONTACT: of 25 20.4 N. lat. (a line directly east Atmospheric Administration (NOAA), Mark Godcharles, telephone: 727–570– from the Miami-Dade County, FL, Commerce. 5305, fax: 727–570–5583, e-mail: boundary). The Florida west coast ACTION: Modification of a closure. [email protected]. subzone is further divided into northern
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SUMMARY: NMFS is opening directed management measures for the the amount of the 2002 A season fishing for pollock in Statistical Area groundfish fisheries off Alaska (67 FR pollock TAC specified for Statistical 630 of the Gulf of Alaska (GOA) for 24 956, January 8, 2002). Area 630 of the GOA constitutes good hours. This action is necessary to fully NMFS closed the directed fishery for cause to waive the requirement to use the first seasonal apportionment of pollock in Statistical Area 630 of the provide prior notice and opportunity for the total allowable catch (TAC) of GOA under § 679.20(d)(1)(iii) on public comment pursuant to the pollock specified for this area. January 21, 2002 (67 FR 3126, January authority set forth at 5 U.S.C. DATES: Effective 1200 hrs, Alaska local 23, 2002). 553(b)(3)(B) and 50 CFR time (A.l.t.), January 29, 2002, until NMFS has determined that 679.20(b)(3)(iii)(A), as such procedures 1200 hrs, A.l.t., January 30, 2002. approximately 522 mt currently remain would be unnecessary and contrary to FOR FURTHER INFORMATION CONTACT: in the directed fishing allowance. the public interest. Similarly, the need Mary Furuness, 907–586–7228. Therefore, NMFS is terminating the to implement these measures in a timely SUPPLEMENTARY INFORMATION: NMFS previous closure and is opening fashion to allow full use the amount of manages the groundfish fishery in the directed fishing for pollock in Statistical the 2002 A season pollock TAC GOA exclusive economic zone Area 630 of the GOA. In accordance specified for Statistical Area 630 of the according to the Fishery Management with § 679.20(d)(1)(iii), the Regional GOA constitutes good cause to find that Plan for Groundfish of the Gulf of Administrator finds that this directed the effective date of this action cannot Alaska (FMP) prepared by the North fishing allowance will be reached after be delayed for 30 days. Accordingly, Pacific Fishery Management Council 24 hours. Consequently, NMFS is under 5 U.S.C. 553(d), a delay in the under authority of the Magnuson- prohibiting directed fishing for pollock effective date is hereby waived. Stevens Fishery Conservation and in Statistical Area 630 of the GOA This action is required by § 679.20 Management Act. Regulations governing effective 1200 hrs, A.l.t., January 30, and is exempt from review under fishing by U.S. vessels in accordance 2002. Executive Order 12866. with the FMP appear at subpart H of 50 Classification Authority: 16 U.S.C. 1801 et seq. CFR part 600 and 50 CFR part 679. The ‘‘A’’ season allowance of the 2002 This action responds to the best Dated: January 25, 2002. pollock TAC in Statistical Area 630 of available information recently obtained Jonathan M. Kurland, the GOA was established as 1,122 from the fishery. The Assistant Acting Director, Office of Sustainable metric tons by an emergency rule Administrator for Fisheries, NOAA, Fisheries, National Marine Fisheries Service. implementing 2002 harvest finds that the need to immediately [FR Doc. 02–2402 Filed 1–29–02; 9:18 am] specifications and associated implement this action to allow full use BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
This section of the FEDERAL REGISTER 1598, Washington, DC 20250–1598, human environment as defined by the contains notices to the public of the proposed telephone (202) 720–0667. National Environmental Policy Act of issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: 1969 (42 U.S.C. 4321 et seq.). Therefore, purpose of these notices is to give interested this action does not require an persons an opportunity to participate in the Executive Order 12866 environmental impact statement or rule making prior to the adoption of the final This proposed rule is exempt from the rules. assessment. Office of Management and Budget (OMB) review for the purposes of Catalog of Federal Domestic Assistance DEPARTMENT OF AGRICULTURE Executive Order 12866 and, therefore The program described by this has not been reviewed by OMB. proposed rule is listed in the Catalog of Rural Utilities Service Executive Order 12988 Federal Domestic Assistance programs under No. 10.851, Rural Telephone 7 CFR Part 1755 This proposed rule has been reviewed Loans and Loan Guarantees, and No. under Executive Order 12988, Civil 10.852, Rural Telephone Bank Loans. RUS Specification for Voice Frequency Justice Reform. RUS has determined This catalog is available on a Loading Coils that this proposed rule meets the subscription basis from the applicable standards provided in Superintendent of Documents, the AGENCY: Rural Utilities Service, USDA. section 3 of that Executive Order. In United States Government Printing ACTION: Proposed rule. addition, all State and local laws and Office, Washington, DC 20402–9325. regulations that are in conflict with this Telephone (202) 512–1800. SUMMARY: The Rural Utilities Service rule will be preempted, no retroactive (RUS) proposes to amend its regulations effect will be given to this rule, and, in Executive Order 12372 on Telecommunications Standards and accordance with section 212(e) of the Specifications for Materials, Equipment This proposed rule is excluded from Department of Agriculture the scope of Executive Order 12372, and Construction, by rescinding the Reorganization Act of 1994 (7 U.S.C. current issue of RUS Bulletin 345–22, Intergovernmental Consultation, which 6912(e)), administrative appeal may require consultation with State and RUS Specification for Voice Frequency procedures, if any, must be exhausted Loading Coils, PE–26. This specification local officials. See the final rule related before an action against the Department notice entitled, ‘‘Department Programs has become outdated because of or its agencies may be initiated. advancements made in the delivery of and Activities Excluded from Executive telecommunications services to rural Regulatory Flexibility Act Certification Order 12372,’’ (50 FR 47034). subscribers. This bulletin is RUS has determined that this Unfunded Mandates incorporated by reference in RUS proposed rule will not have a significant telecommunications regulations. economic impact on a substantial This proposed rule contains no Therefor, RUS is requesting public number of small entities, as defined by Federal mandates (under the regulatory comments on this proposed rescission. the Regulatory Flexibility Act (5 U.S.C. provision of Title II of the Unfunded Mandates Reform Act) for State, local, DATES: 601 et seq.). The RUS Comments concerning this and tribal governments or the private proposed rule shall be received by RUS telecommunications program provides loans to borrowers at interest rates and sector. Thus, this proposed rule is not or be postmarked no later than April 1, subject to the requirements of section 2002. on terms that are more favorable than those generally available from the 202 and 205 of the Unfunded Mandates ADDRESSES: Comments should be Reform Act. mailed to Gerald F. Nugent, Jr., Director, private sector. RUS borrowers, as result Telecommunications Standards of obtaining federal financing, receive Background Division, Rural Utilities Service, U.S. economic benefits that exceed any direct economic costs associated with RUS issues publications titled Department of Agriculture, 1400 ‘‘bulletins’’ which serve to guide Independence Avenue, SW., STOP complying with RUS regulations and requirements. Small entities are not borrowers regarding already codified 1598, Washington, DC 20250–1598. RUS policy, procedures, and requirements requests an original and three copies of subjected to any requirement which are not applied equally to large entities. needed to manage loans, loan guarantee all comments (7 CFR part 1700). All programs, and the security instruments comments received will be made Information Collection and which provide for and secure RUS available for public inspection at room Recordkeeping Requirements financing. RUS issues standards and 2905, South Building, U.S. Department This proposed rule contains no specifications for construction of of Agriculture, 1400 Independence information collection or recordkeeping telecommunications facilities financed Avenue, SW., STOP 1598 Washington, requirements under the Paperwork with RUS loan funds. After review of DC between 8 a.m. and 4 p.m. (7 CFR Reduction Act of 1995 (44 U.S.C. RUS’s bulletin and specification 1.27(b)). Chapter 35). issuances, RUS has decided to propose FOR FURTHER INFORMATION CONTACT: to rescind the outdated RUS Bulletin Charlie I. Harper, Jr., Chief, Outside National Environmental Policy Act 345–22, RUS Specification for Voice Plant Branch, Telecommunications Certification Frequency Loading Coils, PE–26, issued Standards Division, Rural Utilities The Administrator of RUS has January 19, 1989. RUS felt rescission Service, U.S. Department of Agriculture, determined that this proposed rule will was the best option for this bulletin and 1400 Independence Avenue, SW., STOP not significantly affect the quality of the welcomes public comment. This
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bulletin is incorporated by reference at we received and our responses to them. • Reducing the current maximum 7 CFR 1755.97. This action is part of our effort to make noise allotment (decibel level is too RUS Bulletin 345–22, RUS our regulatory program more effective high); Specification for Voice Frequency and less burdensome. • Creating different noise levels for Loading Coils, PE–26, specifies the FOR FURTHER INFORMATION CONTACT: day and night; technical requirements for voice Patrick W. Boyd, Office of Rulemaking, • Giving communities more local frequency loading coils that are used in ARM–23, Federal Aviation control over noise policies; aerial, direct burial, and underground Administration, 800 Independence • Increasing the minimum altitude plant installations. Since RUS borrowers Avenue SW., Washington, DC 20591; requirements (many commenters are designing and constructing new telephone (202) 267–7320. specified 3,000 feet); plant facilities capable of handling both • SUPPLEMENTARY INFORMATION: Creating stricter regulations for voice and data transmission which supersonic aircraft and sonic booms, require that loop lengths be shorter than Background helicopters, and ultralights; and 18,000 feet, the installation of voice Under section 5 of Executive Order • Banning or reducing the overflights frequency loading coils in these new 12866, Regulatory Planning and Review, of national parks to preserve the park transmission facilities using these each agency has developed a program to and wildlife. shorter loop lengths is no longer periodically review its existing Other issues not related to the required. Therefore RUS is proposing to regulations to determine if they should proposed noise policy that were raised rescind this bulletin because of be changed or eliminated. See 58 FR by the commenters include the obsolescence. 51735, October 4, 1993. The purposes of following: • List of Subjects in 7 CFR Part 1755 the review are to make the agency’s Age 60 rule: Commenters indicated that this rule causes age discrimination Loan programs-communications, regulatory program more effective in achieving the regulatory objectives and and, because of advances in medical Reporting and recordkeeping technology, some people remain healthy requirements, Rural areas, Telephone. less burdensome. The FAA conducts its review on a three-year cycle. and fit to fly after age 60. For reasons set out in the preamble, On July 13, 2000, we published a • Agricultural aircraft flight RUS proposes to amend Chapter XVII of document in the Federal Register asking operations: Commenters addressed the title 7 of the Code of Federal the public to tell us which regulations dispensing of chemicals and the Regulations as follows: we should amend, eliminate, or differences in agricultural operations over congested areas versus PART 1755—TELECOMMUNICATIONS simplify. See 65 FR 43265. The noncongested areas. STANDARDS AND SPECIFICATIONS document stated that we would • Annual aircraft inspections: FOR MATERIALS, EQUIPMENT AND consider the comments and adjust our Commenters favored an increase CONSTRUCTION regulatory priorities, consistent with our statutory responsibilities. The document between aircraft inspections from 1 year 1. The authority citation for part 1755 also stated we would publish a to 11⁄2, 2, or 3 years. continues to read as follows: summary of the comments and an • Biennial flight reviews: Authority: 7 U.S.C. 901 et seq., 1921 et explanation of how we would act on Commenters stated that biennial flight seq., 6941 et seq. them. reviews should be allowed in aircraft without fully functioning dual controls. § 1755.97 [Amended] Summary of Comments • Certification requirements for 2. Section 1755.97 is amended by In response to the July document, we commercial pilots: Some commenters removing the entry ‘‘RUS Bulletin No. received a total of 476 comments from indicated that the regulations need to be 345–22’’ from the table. 207 different commenters. The issue clarified and need to have regulatory Dated: January 14, 2002. generating the most public comments is options for gliders, because gliders are Hilda Gay Legg, the proposed Aviation Noise Abatement different than other aircraft and some of Administrator, Rural Utilities Service. Policy 2000, which we published in the the current regulations are irrelevant. Federal Register on July 14, 2000. See Commenters also specifically requested [FR Doc. 02–2298 Filed 1–30–02; 8:45 am] 65 FR 43802. The noise-related topics clarification of solo requirements. BILLING CODE 3410–15–P most frequently mentioned include the • Certification requirements for following: private pilots: Some commenters • Noise levels, encouraged more night flying DEPARTMENT OF TRANSPORTATION • Day/night average sound levels, requirements, especially for training. • Federal Aviation Administration. Local control, Commenters also requested specific • Minimum altitude requirements, glider requirements. • • 14 CFR Chapter I Supersonic aircraft and sonic Commuter and on-demand flight booms, operations: Commenters discussed [Docket No.: FAA–2000–7623] • National park overflights, takeoff, approach, and landing • The FAA’s and the public’s conflict minimums and how long records should Review of Existing Regulations of interest, be kept on file. • • AGENCY: Federal Aviation Night flights, and Drug and alcohol use, testing, and • Administration (FAA), DOT. General comments about the policy. offenses: Some commenters believe ACTION: Disposition of comments on Overall, commenters are opposed to charity airlifts and smaller flight existing regulations. both the proposed policy and the operations should be excused from drug growing noise problem and indicated and alcohol testing requirements and SUMMARY: The FAA is notifying the that the FAA should do more to protect that regulations concerning use of public of the outcome of our periodic the public from aircraft noise. The alcohol should be more restrictive with review of existing regulations. This commenters addressed the following ‘‘zero tolerance.’’ Various commenters action summarizes the public comments specific issues: also requested clarification of the
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regulations dealing with drug or alcohol Issues That We Will Consider for airport, alternate airport, or both offenses in aircraft or in motor vehicles. Rulemaking airports could be below the authorized • Flight- and duty-time rest During the review of comments, the weather minimums. This would occur requirements: Some commenters FAA didn’t identify any comments or when other time increments of the indicated that there should be a better recommendations that require response weather forecast state that the weather definition of ‘‘duty time’’ and its official through an immediate rulemaking. The conditions will be at or above the beginning or end. The commenters FAA notes, however, that several authorized weather minimums. • Clarifying the language for weather suggested having one set of regulations commenters raised issues that merit minimums for special visual flight rules. instead of a set for each kind of consideration for future rule changes. operation. As opportunities arise, we will try to Issues We Are Currently Addressing • Instrument and equipment incorporate these issues into ongoing The FAA is currently considering and future projects. For example, in requirements: Commenters discussed numerous issues addressed by the response to the comment that hot-air certain types of equipment, such as commenters. The most common issues balloons not be included in the transponders, aircraft lights, pitot heat include the following: minimum altitude requirements, the indication systems, emergency • The Aviation Noise Abatement FAA is gathering data generated from equipment, and flight recorders. Some Policy 2000: The FAA is preparing a flight testing taking place under an commenters want more stringent final version. exemption for the balloon altitude • Airworthiness directives: The FAA regulations, while others want fewer restriction. The FAA will analyze these restrictions and some indicated the will address comments related to data for a possible change of minimum proposed airworthiness directives (ADs) regulation should be deleted. altitude requirements for balloons. • during the preparation of final ADs. Medical standards and certification: One commenter recommended that • Certification requirements for Commenters addressed medical we revise commuter and on-demand mechanics: The FAA is now studying waivers, self-certification for medical flight operations regulations to reflect this issue as a prerequisite for future certificates, eye requirements and tests, the unique capabilities of helicopters. rulemaking. and the removal of the physical The FAA agrees that a change in the • Certification requirements for requirements for private pilots. operating specifications for helicopters pilots: The FAA is drafting a notice of • Minimum altitude requirements: may be warranted. proposed rulemaking (NPRM) on Commenters requested overall Some commenters suggested changing additional revisions to the pilot, flight the instrument and equipment clarification of the minimum altitude instructor, and pilot school certification requirements. Specifically, one requirements. One commenter suggested rules. commenter suggested that protective • that hot-air balloons not be restricted by Drug and alcohol use, testing, and breathing equipment (PBE) be checked a minimum altitude. offenses: The FAA is drafting an NPRM before each flightcrew change, not • on anti-drug and alcohol misuse Recent night flight experience: Most before each flight. The FAA agrees. It prevention programs for personnel commenters indicated that the wasn’t our intent to require a check of engaged in specified aviation activities. requirements for recent night flight PBE at the beginning of each flight. In • Flight and duty time rest experience are too stringent and need to addition, one commenter recommended requirements: The FAA is drafting a be reevaluated. that the FAA remove the regulations supplemental NPRM on flight • Single-engine certification course: requiring signal flares. The FAA issued crewmember duty period, flight-time, Commenters requested that the this regulation before there were radar, and rest requirements. commercial pilot, single-engine aircraft global positioning systems (GPSs), and • Single-engine certification course: certification course requirement allow continuous communications; therefore, The FAA has incorporated training to be conducted in multi-engine the requirement to carry signal flares is recommendations by commenters into aircraft because many commercial pilots outdated and could be removed from the rulemaking project on additional already have multi-engine aircraft the regulation without reducing safety. revisions to the pilot, flight instructor, ratings. Other issues the FAA will consider and pilot school certification rules. for future rulemaking include the The FAA is also addressing policies Note: All comments received on this topic following: and procedures regarding issues raised are form letters from various commenters. • Revising 14 CFR 23.1587(a)(1) by commenters. For example, one regarding airplane performance to commenter suggested that the FAA Although no commenters specifically reference both ‘‘clean’’ and landing review the redundancy in the Aircraft addressed the Regulatory Flexibility configurations and 14 CFR 23.1587(a)(2) Certification Systems Evaluation Act, the National Air Transportation to specify ‘‘multiengine.’’ Program (ACSEP) evaluations and Association commented that its small • Amending 14 CFR 91.109(a) to ongoing principal inspector business members are burdened by permit dual instruction in airplanes that assignments. The FAA is currently unnecessary or unclear regulations, lack dual flight controls. addressing this issue in the ‘‘AIR–200 specifically addressing the flight- and • Revising 14 CFR 121.711 regarding ACSEP Phase II’’ project scheduled for duty-time rest requirements. Other radio communications because it is implementation in fiscal year 2002. commenters implied that certain outdated. In addition, the Aviation Rulemaking regulations cause undue economic, • Codifying Exemption No. 3585 into Advisory Committee (ARAC) most staffing, or work burdens for them as the rules for dispatching. Exemption No. recently considered numerous issues well. No comments addressed the topic 3585 permits part 121 operators to addressed by the commenters, including of performance-based versus continue to dispatch airplanes under the following: prescriptive regulations, and only one instrument flight rules (IFR) when • Alternate inspection program/ commenter suggested a simplified, plain conditional language in a one-time annual aircraft inspections: the 14 CFR language rewrite of the flight- and duty- increment of the weather forecast states part 43 General Aviation Working time rest requirements. that the weather at the destination Group addressed these issues in the
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NPRM that the working group presented a financial and managerial burden on requirements can be justified to the Air Carrier and General Aviation the FAA and has no correlation to considering the FAA’s statutory Maintenance Issue Area. safety. The FAA notes that this requirements to regulate safety and air • Major/minor repairs or alterations: recommendation was originally commerce. Other commenters suggested the ARAC will consider comments proposed in the Pilot, Flight Instructor, that the FAA revise 14 CFR 91.109 to during its review of a task on major/ Ground Instructor, and Pilot School permit a biennial flight review (BFR) to minor repairs or alterations. Certification Rules NPRM (60 FR 41160, be given in an airplane without fully • Pressurized compartment loads: the Aug. 11, 1995), but was withdrawn from functional dual controls. The FAA ARAC will consider comments during the final rule. Another commenter believes that because a BFR is a training its review of a task on pressurized suggested that the FAA extend the session by a flight instructor, dual compartment loads. exception to the recent night flight controls for a BFR are justified in the • Pressurized and low pressure takeoff and landing experience pneumatic systems: these issues were requirements for pilots who hold more interest of safety. One commenter stated discussed at past working group than one type rating; the commenter that the definitions of ‘‘congested,’’ meetings, but were not included in the suggested extending it to pilots in ‘‘noncongested,’’ and ‘‘other than draft rule. The harmonization working command (PICs) who hold only one congested’’ areas in relation to group will address this issue at its next type rating. The FAA notes that it agricultural aircraft regulations are meeting. considered this change during the clear. However, the commenter stated One commenter stated that the development of the final rule on 14 CFR that the local FAA who takes current regulations indicate a major 61.57(e)(3); however, it rejected the enforcement action on an agricultural difference between 14 CFR part 25 and change because the purpose of the airplane operator for low flying JAR 25, jeopardizing the objective of regulation was not to alleviate the night interprets the regulation to correspond harmonization. The FAA is aware of takeoff and landing currency, but to to circumstances at the time instead of industry concerns regarding this alleviate a financial burden on pilots following the regulations. The regulation and plans to have the ARAC who operate multiple type-rated commenter questions whether the Transport Airplane and Engine Issue airplanes requiring a pilot crew of two regulations are being followed or if the Area and the Occupant Safety Issue or more. FAA is ‘‘satisfying urban sprawl.’’ The Area address harmonization efforts. In addition, the FAA received FAA notes that 14 CFR 137.49 provides Issues That We May Address in the comments on issues that became final relief to the agricultural aerial applicator rules after the comment period closed. Future from the minimum altitude For example, one commenter suggested requirements; therefore, a revision to the The FAA received comments on that the Federal Bureau of Investigation issues it may consider for future action, perform the background checks for regulation is not necessary. such as initiating new or revising employees requiring unescorted access Conclusion existing guidance material, policies, or to the Security Identification Display procedures. One commenter suggested Area (SIDA) because of the difficulty The FAA finds that reviewing public that very high frequency omnirange and economic burden that it places on comments on our regulations helps us station (VOR) equipment checks be the employee. Another commenter in assessing the effectiveness of our permitted against an installed IFR- suggested that if a fixed-base operator is regulatory agenda and adjusting the certified GPS receiver in addition to physically separated from the air carrier agenda, when necessary. As a result of checking against a second VOR receiver. areas of the airport, it should be this review, we have identified several The FAA notes that using a GPS as a excluded from the SIDA. The FAA issues that we will address in future cross-reference for the VOR could show considered these comments during the rulemaking projects. In addition, the a higher degree of accuracy than development of the final rule on airport review offers us a general understanding comparing one VOR to another. The security, 14 CFR part 107, issued July 2, of the public’s concerns regarding our FAA will examine this issue and 2001 (66 FR 37273). regulations. We intend to continue to determine its use as a possible new request public comments on a three-year procedure. Issues That We Won’t Address In some cases, the FAA found that the cycle to identify any necessary changes Issues That We Have Addressed current regulation is necessary and to our regulatory program. We plan to The FAA had already addressed some doesn’t need a revision, or the issue a document soliciting public recommendations made by commenters. recommendations didn’t address a comments for our next review in 2003. They were addressed as NPRMs or final safety concern. For example, some Issued in Washington, DC, on January 18, rules before the request for comments commenters suggested that the Mode C 2002. for the Review of Existing Rules was transponder requirement be expanded Nicholas A. Sabatini, published. Several commenters in the Los Angeles International Airport recommend changing the Age 60 Rule. area because of the intense air traffic. Associate Administrator for Regulation and The FAA notes that on December 11, The FAA doesn’t agree that further Certification. 1995, it issued a Disposition of rulemaking in this case would [FR Doc. 02–2277 Filed 1–30–02; 8:45 am] Comments and Notice of Agency measurably enhance the operation of the BILLING CODE 4910–13–P Decisions (Disposition) regarding the national airspace system. Some Age 60 Rule. The Disposition commenters suggested that the recent announced the FAA’s determination not night flight experience regulation causes to propose to change the Age 60 Rule at inconvenience and financial that time; the FAA maintains that expenditure, and the FAA should position. One commenter recommended reevaluate or eliminate the requirement. that the requirement for a valid medical The FAA doesn’t believe the certificate be dropped from the private recommendation to eliminate the PIC pilot certificate criteria because it places night takeoff and landing currency
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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: screw. The damaged circuit breaker Todd Dixon, Aerospace Engineer, FAA, switch failed to shutdown the electrical Federal Aviation Administration Wichita Aircraft Certification Office, current to the rotating beacon. Failure of 1801 Airport Road, Room 100, Mid- the circuit breaker switch caused the 14 CFR Part 39 Continent Airport, Wichita, Kansas wiring to burn through the insulation 67209; telephone: (316) 946–4152; and the other wires in the wire bundle [Docket No. 2001–CE–43–AD] facsimile: (316) 946–4407. that were routed with the wiring to the rotating beacon circuit breaker switch. RIN 2120–AA64 SUPPLEMENTARY INFORMATION: Comments Invited What Are the Consequences if the Airworthiness Directives; Raytheon Condition Is Not Corrected? Aircraft Company Models E55, E55A, How Do I Comment on This Proposed A56TC, 58, 58A, 58P, 58PA, 58TC, and AD? This condition, if not corrected, could 58TCA Airplanes The FAA invites comments on this result in failure of the rotating beacon proposed rule. You may submit circuit breaker switch or any other AGENCY: Federal Aviation whatever written data, views, or switch in the same location. Failure of Administration, DOT. arguments you choose. You need to the circuit breaker switch could result ACTION: Notice of proposed rulemaking include the rule’s docket number and in smoke and/or fire in the cockpit. (NPRM). submit your comments to the address Is There Service Information That ADDRESSES. SUMMARY: This document proposes to specified under the caption Applies to This Subject? We will consider all comments received adopt a new airworthiness directive Raytheon has issued Mandatory (AD) that would apply to certain on or before the closing date. We may amend this proposed rule in light of Service Bulletin SB 33–3452, Issued: Raytheon Aircraft Company (Raytheon) May, 2001. Models E55, E55A, A56TC, 58, 58A, comments received. Factual information 58P, 58PA, 58TC, and 58TCA airplanes. that supports your ideas and suggestions What Are the Provisions of This Service This proposed AD would require you to is extremely helpful in evaluating the Information? inspect the Instrument Subpanel effectiveness of this proposed AD action and determining whether we need to The service bulletin includes electroluminescent panel retaining procedures for: screw for proper length and the rotating take additional rulemaking action. beacon circuit breaker switch (or any Are There Any Specific Portions of This —Inspecting the Instrument Subpanel other switch in the same location) for Proposed AD I Should Pay Attention electroluminescent panel for the damage, and replace any screw or To? installation of a rotating beacon circuit breaker switch as necessary. This circuit breaker switch or any other The FAA specifically invites switch installed directly above the proposed AD is the result of a report comments on the overall regulatory, that an improper length electroluminescent panel retaining economic, environmental, and energy screw; electroluminescent panel retaining aspects of this proposed rule that might —Inspecting the installed switch for screw damaged the rotating beacon suggest a need to modify the rule. circuit breaker switch which resulted in You may view all comments we damage; damaged wiring. The actions specified receive before and after the closing date —Replacing any damaged switch; by this proposed AD are intended to of the rule in the Rules Docket. We will —Inspecting the electroluminescent prevent damage to the rotating beacon file a report in the Rules Docket that panel retaining screw to ensure circuit breaker switch or any other summarizes each contact we have with correct length; and switch in the same location because of the public that concerns the substantive —Replacing any incorrect length an incorrect length electroluminescent parts of this proposed AD. electroluminescent panel retaining panel retaining screw. This condition screw with a part number (P/N) could result in failure of the circuit How Can I Be Sure FAA Receives My MS35214–24 screw. breaker and lead to smoke and/or fire in Comment? the cockpit. If you want FAA to acknowledge the The FAA’s Determination and an DATES: The Federal Aviation receipt of your comments, you must Explanation of the Provisions of This Administration (FAA) must receive any include a self-addressed, stamped Proposed AD comments on this proposed rule on or postcard. On the postcard, write What Has FAA Decided? before April 5, 2002. ‘‘Comments to Docket No. 2001–CE–43– After examining the circumstances ADDRESSES: Submit comments to FAA, AD.’’ We will date stamp and mail the and reviewing all available information Central Region, Office of the Regional postcard back to you. related to the incidents described above, Counsel, Attention: Rules Docket No. Discussion we have determined that: 2001–CE–43–AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You What Events Have Caused This —The unsafe condition referenced in may view any comments at this location Proposed AD? this document exists or could develop between 8 a.m. and 4 p.m., Monday Raytheon notified FAA of an incident on other Raytheon Models E55, E55A, through Friday, except Federal holidays. where the pilot had to return to the A56TC, 58, 58A, 58P, 58PA, 58TC, You may get service information that departing airport after declaring an and 58TCA airplanes of the same type applies to this proposed AD from emergency because of smoke in the design; Raytheon Aircraft Company, P.O. Box cockpit. After investigation, FAA —The actions specified in the 85, Wichita, Kansas 67201–0085; determined that the cause of smoke in previously-referenced service telephone: (800) 429–5372 or (316) 676– the cockpit was a result of damage to the information should be accomplished 3140. You may also view this rotating beacon circuit breaker switch on the affected airplanes; and information at the Rules Docket at the caused by an improper length —AD action should be taken in order to address above. electroluminescent panel retaining correct this unsafe condition.
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What Would This Proposed AD Require? information includes these models as affected airplanes enough time to have indicated on Type Certificate Data Sheet the proposed actions accomplished This proposed AD would require you 3A16, dated January 15, 2000. without compromising the safety of the to incorporate the actions in the Raytheon Mandatory Service Bulletin airplanes. previously-referenced service bulletin. No. SB 33–3452, Issued: May, 2001, Cost Impact What Are the Differences Between This specifies that you accomplish the Proposed AD and the Service inspection within 25 hours time-in- How Many Airplanes Would This Information? service (TIS) or 10 days after the Proposed AD Impact? effective date of the AD. We propose a Raytheon Mandatory Service Bulletin requirement that you inspect within 100 We estimate that this proposed AD No. SB 33–3452, Issued: May, 2001, is hours TIS after the effective date of this affects 1,636 airplanes in the U.S. applicable to Models E55, A56TC, 58, proposed AD. registry. 58P, and 58TC airplanes. We have We do not have justification to require What Would Be the Cost Impact of This expanded the applicability of this this action within 25 hours TIS. We use Proposed AD on Owners/Operators of proposed AD to include Models E55A, compliance times such as this when we the Affected Airplanes? 58A, 58PA, and 58TCA airplanes. The have identified an urgent safety of flight serial number ranges of the affected situation. We believe that 100 hours TIS We estimate the following costs to models indicated in the service will give the owners or operators of the accomplish the proposed inspection:
Total cost on Labor cost Parts cost Total cost per U.S. airplane operators
1 workhour × $60 = $60 ...... No parts required for the inspection ...... $60 $98,160
We estimate the following costs to accomplish any necessary replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of airplanes that may need such replacements:
Labor cost Parts cost Total cost per airplane
3 workhours × $60 = $180 ...... $1 for new electroluminescent panel retaining $180 + applicable replacement part(s) cost screw. $40 for new circuit breaker switch ......
Regulatory Impact Docket. A copy of it may be obtained by (a) What airplanes are affected by this AD? contacting the Rules Docket at the This AD affects the following airplane Would This Proposed AD Impact location provided under the caption models and serial numbers that are Various Entities? ADDRESSES. certificated in any category: The regulations proposed herein List of Subjects in 14 CFR Part 39 Model Serial numbers would not have a substantial direct effect on the States, on the relationship Air transportation, Aircraft, Aviation E55 and E55A TE–768 through TE–1201 between the national government and safety, Safety. A56TC ...... TG–84 through TG–94 the States, or on the distribution of 58 and 58A .... TH–1 through TH–1388 and power and responsibilities among the The Proposed Amendment TH–1390 through TH– various levels of government. Therefore, Accordingly, under the authority 1395 it is determined that this proposed rule delegated to me by the Administrator, 58P and 58PA TJ–3 through TJ–435 and TJ–437 through TJ–443 would not have federalism implications the Federal Aviation Administration under Executive Order 13132. 58TC and TK–1 through TK–146 and proposes to amend part 39 of the 58TCA. TK–148 through TK–150 Would This Proposed AD Involve a Federal Aviation Regulations (14 CFR Significant Rule or Regulatory Action? part 39) as follows: (b) Who must comply with this AD? Anyone who wishes to operate any of the For the reasons discussed above, I PART 39—AIRWORTHINESS airplanes identified in paragraph (a) of this certify that this proposed action (1) is DIRECTIVES AD must comply with this AD. not a ‘‘significant regulatory action’’ (c) What problem does this AD address? under Executive Order 12866; (2) is not 1. The authority citation for part 39 The actions specified by this AD are intended a ‘‘significant rule’’ under DOT continues to read as follows: to prevent damage to the rotating beacon Regulatory Policies and Procedures (44 Authority: 49 U.S.C. 106(g), 40113, 44701. circuit breaker switch or any other switch in FR 11034, February 26, 1979); and (3) if the same location because of an incorrect promulgated, will not have a significant § 39.13 [Amended] length electroluminescent panel retaining economic impact, positive or negative, 2. FAA amends § 39.13 by adding a screw. This condition could result in failure of the circuit breaker and lead to smoke and/ on a substantial number of small entities new airworthiness directive (AD) to or fire in the cockpit. under the criteria of the Regulatory read as follows: (d) What actions must I accomplish to Flexibility Act. A copy of the draft Raytheon Aircraft Company: Docket No. address this problem? To address this regulatory evaluation prepared for this 2001–CE–43–AD problem, you must accomplish the following: action has been placed in the Rules
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Actions Compliance Procedures
(1) Inspect the Instrument Subpanel electro- Within the next 100 hours time-in-service In accordance with the Accomplishment In- luminescent panel for the installation of a ro- (TIS) after the effective date of this AD. structions section of Raytheon Mandatory tating beacon circuit breaker switch or any Service Bulletin SB 33–3452, Issued: May, other switch directly above the lower electro- 2001. luminescent panel retaining screw. (i) If a blanking plug is installed above the lower electroluminescent panel retaining screw, ensure that the correct length screw is installed. The correct length is 0.28 to 0.31 inches. (ii) If the screw is not the correct length, in- stall part number (P/N) MS35214–24. (iii) If a rotating beacon circuit breaker switch or any other switch is installed, in- spect the switch for damage. (2) Replace any damaged switch found during Prior to further flight after the inspection re- In accordance with the Accomplishment In- the inspection required in paragraph (d)(1)(iii) quired by paragraph (d)(1)(iii) of this AD. structions section of Raytheon Mandatory of this AD and replace the electroluminescent Service Bulletin SB 33–3452, Issued: May, panel retaining screw if it is not 0.28 to 0.31 2001. inches in length with a P/N MS35214–24 screw. (3) Only install an electroluminescent panel re- As of the effective date of this AD ...... Not applicable. taining screw in the lower part of the Instru- ment Subpanel (underneath the circuit break- er switches) that:. (i) Has a length of at least 0.28 inches but not longer than 0.31 inches; or (ii) Is P/N MS35214–24 or FAA-approved equivalent part number.
(e) Can I comply with this AD in any other where you can accomplish the requirements Textron Canada (BHTC) Model 407 way? You may use an alternative method of of this AD. helicopters. That AD currently requires compliance or adjust the compliance time if: (h) How do I get copies of the documents preflight checking and repetitively (1) Your alternative method of compliance referenced in this AD? You may get copies of the documents referenced in this AD from inspecting the tailboom for a crack and provides an equivalent level of safety; and replacing the tailboom if a crack is (2) The Manager, Wichita Aircraft Raytheon Aircraft Company, P.O. Box 85, Certification Office (ACO), approves your Wichita, Kansas 67201–0085. You may view found. This action would require alternative. Submit your request through an these documents at FAA, Central Region, increasing the area of inspection for FAA Principal Maintenance Inspector, who Office of the Regional Counsel, 901 Locust, certain tailbooms and changing the may add comments and then send it to the Room 506, Kansas City, Missouri 64106. applicability to restrict the inspection Manager, Wichita ACO. Issued in Kansas City, Missouri, on January requirements to certain tailbooms that Note: This AD applies to each airplane 24, 2002. have not been redesigned. This proposal identified in paragraph (a) of this AD, Michael K. Dahl, is prompted by cracking discovered in regardless of whether it has been modified, Acting Manager, Small Airplane Directorate, other areas of certain tailbooms and altered, or repaired in the area subject to the Aircraft Certification Service. introduction of a redesigned tailboom requirements of this AD. For airplanes that [FR Doc. 02–2300 Filed 1–30–02; 8:45 am] with a chemically milled skin, which have been modified, altered, or repaired so BILLING CODE 4910–13–U does not require the current inspections. that the performance of the requirements of The actions specified by the proposed this AD is affected, the owner/operator must AD are intended to remove certain request approval for an alternative method of compliance in accordance with paragraph (e) DEPARTMENT OF TRANSPORTATION tailbooms from the applicability and to of this AD. The request should include an increase the inspection requirements for assessment of the effect of the modification, Federal Aviation Administration certain tailbooms to prevent separation alteration, or repair on the unsafe condition of the tailboom and subsequent loss of addressed by this AD; and, if you have not 14 CFR Part 39 control of the helicopter. eliminated the unsafe condition, specific [Docket No. 2001–SW–53–AD] DATES: Comments must be received on actions you propose to address it. or before April 1, 2002. (f) Where can I get information about any RIN 2120–AA64 already-approved alternative methods of ADDRESSES: Submit comments in compliance? Contact Todd Dixon, Aerospace Airworthiness Directives; Bell triplicate to the Federal Aviation Engineer, FAA, Wichita Aircraft Certification Helicopter Textron Canada Model 407 Administration (FAA), Office of the Office, 1801 Airport Road, Room 100, Mid- Helicopters Regional Counsel, Southwest Region, Continent Airport, Wichita, Kansas 67209; AGENCY: Attention: Rules Docket No. 2001–SW– telephone: (316) 946–4152; facsimile: (316) Federal Aviation Administration, DOT. 53–AD, 2601 Meacham Blvd., Room 946–4407. 663, Fort Worth, Texas 76137. You may (g) What if I need to fly the airplane to ACTION: Notice of proposed rulemaking another location to comply with this AD? The (NPRM). also send comments electronically to FAA can issue a special flight permit under the Rules Docket at the following sections 21.197 and 21.199 of the Federal SUMMARY: This document proposes address: [email protected]. Aviation Regulations (14 CFR 21.197 and superseding an existing airworthiness Comments may be inspected at the 21.199) to operate your airplane to a location directive (AD) for Bell Helicopter Office of the Regional Counsel between
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9 a.m. and 3 p.m., Monday through separation of the tailboom and rate is $60 per work hour. Based on Friday, except Federal holidays. subsequent loss of control of the these figures, the total cost impact of the FOR FURTHER INFORMATION CONTACT: helicopter. proposed AD on U.S. operators is Sharon Miles, Aviation Safety Engineer, Since the issuance of AD 2000–06–10, estimated to be $60,000 assuming no FAA, Rotorcraft Directorate, Regulations BHTC has issued Alert Service Bulletin tailboom will be replaced. Group, Fort Worth, Texas 76193–0111, ASB 407–99–26, Revision B, dated June The regulations proposed herein telephone (817) 222–5122, fax (817) 14, 2001 (ASB), to announce the release would not have a substantial direct 222–5961. of an improved design tailboom effect on the States, on the relationship SUPPLEMENTARY INFORMATION: assembly, P/N 407–030–801–201, that between the national Government and has been installed on BHTC Model 407 the States, or on the distribution of Comments Invited helicopters, serial number (S/N) 53476 power and responsibilities among the Interested persons are invited to and subsequent. The ASB states that various levels of government. Therefore, participate in the making of the these redesigned tailboom assemblies do it is determined that this proposal proposed rule by submitting such not need the recurring inspection. For would not have federalism implications written data, views, or arguments as affected tailbooms, the ASB specifies under Executive Order 13132. they may desire. Communications extending the visual inspection to the For the reasons discussed above, I should identify the Rules Docket area near certain fasteners on the left certify that this proposed regulation (1) number and be submitted in triplicate to side of the tailboom forward of the is not a ‘‘significant regulatory action’’ the address specified above. All horizontal stabilizer. Transport Canada, under Executive Order 12866; (2) is not communications received on or before the airworthiness authority for Canada, a ‘‘significant rule’’ under the DOT the closing date for comments will be classified this ASB as mandatory and Regulatory Policies and Procedures (44 considered before taking action on the issued AD CF–1999–17R1, dated July FR 11034, February 26, 1979); and (3) if proposed rule. The proposals contained 24, 2001, to ensure the continued promulgated, will not have a significant in this document may be changed in airworthiness of these helicopters in economic impact, positive or negative, light of the comments received. Canada. on a substantial number of small entities Comments are specifically invited on This helicopter model is under the criteria of the Regulatory the overall regulatory, economic, manufactured in Canada and is type Flexibility Act. A copy of the draft environmental, and energy aspects of certificated for operation in the United regulatory evaluation prepared for this the proposed rule. All comments States under the provisions of 14 CFR action is contained in the Rules Docket. submitted will be available, both before 21.29 and the applicable bilateral A copy of it may be obtained by and after the closing date for comments, agreement. Pursuant to this bilateral contacting the Rules Docket at the in the Rules Docket for examination by agreement, Transport Canada has kept location provided under the caption interested persons. A report the FAA informed of the situation ADDRESSES. summarizing each FAA-public contact described above. The FAA has concerned with the substance of this examined the findings of Transport List of Subjects in 14 CFR Part 39 proposal will be filed in the Rules Canada, reviewed all available Air transportation, Aircraft, Aviation Docket. information, and determined that AD safety, Safety. Commenters wishing the FAA to action is necessary for products of this The Proposed Amendment acknowledge receipt of their mailed type design that are certificated for comments submitted in response to this operation in the United States. Accordingly, pursuant to the proposal must submit a self-addressed, This unsafe condition is likely to exist authority delegated to me by the stamped postcard on which the or develop on other helicopters of the Administrator, the Federal Aviation following statement is made: same type design. Therefore, the Administration proposes to amend part ‘‘Comments to Docket No. 2001–SW– proposed AD would supersede AD 39 of the Federal Aviation Regulations 53–AD. The postcard will be date 2000–06–10 to contain the same (14 CFR part 39) as follows: stamped and returned to the requirements but would increase the commenter. areas of inspection for the tailbooms and PART 39—AIRWORTHINESS would reduce the applicability to DIRECTIVES Availability of NPRMs restrict the inspections to certain 1. The authority citation for part 39 tailbooms. Installing a redesigned Any person may obtain a copy of this continues to read as follows: NPRM by submitting a request to the tailboom, P/N 407–030–801–201, would FAA, Office of the Regional Counsel, constitute terminating action for the Authority: 49 U.S.C. 106(g), 40113, 44701. Southwest Region, Attention: Rules requirements of this AD. An owner/ § 39.13 [Amended] operator (pilot) holding at least a private Docket No. 2001–SW–53–AD, 2601 2. Section 39.13 is amended by pilot certificate may perform the visual Meacham Blvd., Room 663, Fort Worth, removing Amendment 39–11651 (65 FR check required by paragraph (a) of this Texas 76137. 16804, March 30, 2000), and by adding AD but must enter compliance with that a new airworthiness directive (AD), to Discussion paragraph into the helicopter records in read as follows: On March 21, 2000, the FAA issued accordance with 14 CFR 43.11 and AD 2000–06–10, Amendment 39–11651 91.417(a)(2)(v). A pilot can perform this Bell Helicopter Textron Canada: Docket No. (65 FR 16804, March 30, 2000), to check because it involves only a visual 2001–SW–53–AD. Supersedes AD 2000– require preflight checking and check for a crack in the tailboom and is 06–10, Amendment 39–11651, Docket No. 99–SW–75–AD. repetitively inspecting the tailboom for a part of a normal pilot preflight check. Applicability: Model 407 helicopters, serial a crack and replacing the tailboom if a The FAA estimates that 200 number (S/N) 53000 through 53475 with crack is found. That action was helicopters of U.S. registry would be tailboom, part number (P/N) 407–030–801– prompted by four reports of cracks on affected by this proposed AD, that it 101, –105, or –107, installed, certificated in the tailboom in the area of the would take approximately 5 hours for any category. horizontal stabilizer. The requirements initial and recurring inspections per Note 1: This AD applies to each helicopter of that AD are intended to prevent helicopter, and that the average labor identified in the preceding applicability
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provision, regardless of whether it has been this AD; and if the unsafe condition has not remove the tailboom before further flight. An otherwise modified, altered, or repaired in been eliminated, the request should include owner/operator (pilot) holding at least a the area subject to the requirements of this specific proposed actions to address it. private pilot certificate may perform the AD. For helicopters that have been modified, Compliance: Required as indicated, unless visual check required by this paragraph but altered, or repaired so that the performance accomplished previously. must enter compliance with this paragraph of the requirements of this AD is affected, the To prevent separation of the tailboom and into the helicopter records in accordance owner/operator must request approval for an subsequent loss of control of the helicopter, with 14 CFR 43.11 and 91.417(a)(2)(v). A alternative method of compliance in accomplish the following: pilot can perform this check because it accordance with paragraph (d) of this AD. (a) Before further flight and thereafter involves only a visual check for a crack in The request should include an assessment of before the first flight of each day, check the the tailboom and is a part of a normal pilot the effect of the modification, alteration, or tailboom for a crack in accordance with preflight check. repair on the unsafe condition addressed by Figure 1 of this AD. If a crack is found, BILLING CODE 4910–13–U
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BILLING CODE 4910–13–C
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(b) Within 25 hours time-in-service (TIS) West Virginia (W. Va. Code) as 313 Harper Park Drive, Suite 3, Beckley, and thereafter at intervals not to exceed 50 contained in Enrolled Senate Bill 689. West Virginia 25801, Telephone: (304) hours TIS, visually inspect any tailboom with The amendment is intended to revise 255–5265. 600 or more hours TIS for a crack using a 10x the State’s Surface Mine Blasting Rule or higher magnifying glass in accordance FOR FURTHER INFORMATION CONTACT: Mr. with the Accomplishment Instructions, Part and to amend the W. Va. Code Roger W. Calhoun, Director, Charleston II, of Bell Helicopter Textron Alert Service concerning preblast survey Field Office; Telephone: (304) 347– Bulletin ASB 407–99–26, Revision B, dated requirements, site specific blasting 7158. design requirements, and liability and June 14, 2001, except you are not required to SUPPLEMENTARY INFORMATION: contact Bell Helicopter Product Support civil penalties in the event of property Engineering. If a crack is found, remove the damage. I. Background on the West Virginia Program tailboom before further flight. This document gives the times and II. Description of the Proposed Amendment (c) Installing a tailboom, P/N 407–030– locations that the West Virginia program III. Public Comment Procedures IV. Procedural Determinations 801–201, is terminating action for the and proposed amendment to that requirements of this AD. program are available for your (d) An alternative method of compliance or I. Background on the West Virginia adjustment of the compliance time that inspection, the comment period during Program provides an acceptable level of safety may be which you may submit written used if approved by the Manager, Regulations comments on the amendment, and the Section 503(a) of the Act permits a Group, Rotorcraft Directorate, FAA. procedures that we will follow for the State to assume primacy for the Operators shall submit their requests through public hearing, if one is requested. regulation of surface coal mining and an FAA Principal Maintenance Inspector, DATES: We will accept written reclamation operations on non-Federal who may concur or comment and then send comments until 4:30 p.m. (local time), and non-Indian lands within its borders it to the Manager, Regulations Group. on March 4, 2002. If requested, we will by demonstrating that its program Note 2: Information concerning the hold a public hearing on the includes, among other things, ‘‘*** a existence of approved alternative methods of State law which provides for the compliance with this AD, if any, may be amendment on February 25, 2002. We will accept requests to speak at the regulation of surface coal mining and obtained from the Regulations Group. reclamation operations in accordance (e) Special flight permits may be issued in hearing until 4:30 p.m. (local time), on February 15, 2002. with the requirements of the Act * * *; accordance with 14 CFR 21.197 and 21.199 and rules and regulations consistent ADDRESSES: You may mail or hand- to operate the helicopter to a location where with regulations issued by the Secretary the requirements of this AD can be deliver written comments and requests pursuant to the Act.’’ See 30 U.S.C. accomplished. to speak at the hearing to Mr. Roger W. 1253(a)(1) and (7). On the basis of these Note 3: The subject of this AD is addressed Calhoun, Director, Charleston Field criteria, the Secretary of the Interior in Transport Canada AD CF–1999–17R1, Office at the address listed below. dated July 24, 2001. You may review copies of the West conditionally approved the West Virginia program, this amendment, a Virginia program on January 21, 1981. Issued in Fort Worth, Texas, on January 17, listing of any scheduled public hearings, You can find background information 2002. and all written comments received in on the West Virginia program, including David A. Downey, response to this document at the the Secretary’s findings, the disposition Manager, Rotorcraft Directorate, Aircraft addresses listed below during normal of comments, and conditions of Certification Service. business hours, Monday through Friday, approval of the West Virginia program [FR Doc. 02–2427 Filed 1–30–02; 8:45 am] excluding holidays. You may receive in the January 21, 1981, Federal BILLING CODE 4910–13–U one free copy of the amendment by Register (46 FR 5915). You can also find contacting OSM’s Charleston Field later actions concerning West Virginia’s Office. program and program amendments at 30 DEPARTMENT OF THE INTERIOR Mr. Roger W. Calhoun, Director, CFR 948.10, 948.12, 948.13, 948.15, and Charleston Field Office, Office of 948.16. Office of Surface Mining Reclamation Surface Mining Reclamation and II. Description of the Proposed and Enforcement Enforcement, 1027 Virginia Street, East, Amendment Charleston, West Virginia 25301, 30 CFR Part 948 Telephone: (304) 347–7158. By letter dated November 28, 2001 West Virginia Department of (Administrative Record Number WV– [WV–095–FOR] Environmental Protection, 10 McJunkin 1258), the WVDEP sent us a proposed amendment to its program under West Virginia Regulatory Program Road, Nitro, West Virginia 25143, Telephone: (304) 759–0510. The SMCRA (30 U.S.C. 1201 et seq.). The AGENCY: Office of Surface Mining proposed amendment will be posted at proposed amendment consists of Reclamation and Enforcement, Interior. the Division of Mining and changes to the W. Va. Code as contained ACTION: Proposed rule; public comment Reclamation’s Internet web page: http:/ in Enrolled Senate Bill 689 concerning period and opportunity for public /www.dep.state.wv.us/mr. blasting. The amendment also revises hearing. In addition, you may review copies of the provisions of the Surface Mine the proposed amendment during regular Blasting Rule at CSR 199–1. The full SUMMARY: We, the Office of Surface business hours at the following text of the program amendment is Mining Reclamation and Enforcement locations: available for you to read at the locations (OSM) are announcing receipt of an Office of Surface Mining Reclamation listed above under ADDRESSES. We are amendment to the West Virginia surface and Enforcement, Morgantown Area also making available for public review mining regulatory program (the West Office, 75 High Street, Room 229, P.O. and comment Engrossed Senate Bill 689 Virginia program) under the Surface Box 886, Morgantown, West Virginia because it clearly shows, via underline Mining Control and Reclamation Act of 26507, Telephone: (304) 291–4004. (By and strikethrough, all the statutory 1977 (SMCRA or the Act). West Virginia Appointment Only) language that has been added or deleted proposes revisions to the Code of State Office of Surface Mining Reclamation from the W. Va. Code as a result of Regulations (CSR) and to the Code of and Enforcement, Beckley Area Office, Senate Bill 689. Engrossed Senate Bill
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689 is substantively identical to 22–3–30a Blasting requirements; 199–1–3.10.d. concerning pre-blast Enrolled Senate Bill 689. Senate Bill 689 liability and civil penalties in the event survey review, confidentiality, is amends preblast survey requirements, of property damage amended. site specific blasting design 22–3–30a(a) concerning blasting being 199–1–3.11. is added to provide that requirements, and provisions conducted in accordance with the rules the director may prohibit blasting or concerning liability and civil penalties and laws established to regulate blasting prescribe alternative blasting limits, on in the event of property damage. The is amended. a case-by-case basis, for the protection statutory revisions in Senate Bill 689 are 22–3–30a(b) concerning penalties of property or the public. also intended to address the required where blasting was out of compliance is CSR 199–1–4 Certification of Blasters program amendments codified at 30 amended. CFR 948.16(kkkk), (llll), and (mmmm). 22–3–30a(c) concerning violation of 199–1–4.1.a., b., and c. concerning requirements, qualifications, and By letter dated October 30, 2000 rules that are merely administrative in application for certification are (Administrative Record Number WV– nature is amended. amended. 1187), the WVDEP submitted an 22–3–30a(e) concerning the penalties 199–1–4.2. concerning training is amendment that added to the State for production blasting conducted in amended. regulations new Title 199, Series 1, violation of 22–3–22a is amended. 199–1–4.3. concerning the entitled Surface Mine Blasting Rule. The 22–3–30a(f) concerning assessment of examination for certification of regulations consisted of new blasting penalties and liabilities by the director Examiner/Inspector and Certified provisions and blasting provisions that is amended. Blaster is amended. were relocated or derived from 22–3–30a(h) concerning the 199–1–4.5. concerning conditions or previously approved West Virginia applicability of section 22–3–30a is practices prohibiting certification of blasting provisions. We announced amended. blasters is amended. receipt of the amendment on December 2. CSR 199–1 Surface Mining Blasting 199–1–4.6. concerning re-certification 5, 2000 (65 FR 75889) (Administrative Rule requirements for certified blasters is Record Number WV–1190), but we have CSR 199–1–2 Definitions amended. not yet published our decision on the 199–1–4.7. concerning presentation of amendment. The blasting rule submitted 199–1–2.1. The definition of Active certificate; transfer; and delegation of on October 30, 2000, and not yet Blasting Experience is amended. authority is amended at subdivision 199–1–2.4. The definition of approved by us, is the blasting rule that 4.7.d. is being modified by the amendments to Arbitrator is amended. 199–1–2.8. The definition of Blast Site 199–1–4.8. concerning violations by a CSR 199–1 that we are announcing certified blaster is amended. today. When we render our final is amended. 199–1–2.21. The definition of 199–1–4.9. concerning penalties is decision on the amendment that we are amended. announcing today, we will combine that Contiguous or Nearly Contiguous is added. 199–1–4.10. concerning hearings and decision with our decision on the appeals is amended. blasting rule amendment that was 199–1–2.26. The definition of Fly submitted to us on October 30, 2000. Rock is amended. CSR 199–1–5 Blasting Damage Claim 199–1–2.24. The definition of Loss The amendment that we are Reserve is deleted. 199–1–5.2. concerning filing a claim announcing today is identified below. 199–1–2.37. The definition of Worked is amended. on a Drilling Crew is deleted. 199–1–5.3. concerning the 1. W. Va. Code 22–3 Surface Coal responsibilities of the claims Mining and Reclamation Act 199–1–2.39. The definition of Worked on a Blasting Crew is deleted. administrator is amended. 22–3–13a Preblast survey requirements 199–1–5.4. concerning the CSR 199–1–3 Blasting responsibilities of the claims adjuster is 22–3–13a(a)(3) is new, and concerns 199–1–3.2. concerning blasting plans amended. preblast survey notification for surface is amended at subdivisions 3.2.a., c., disturbance of underground mines. CSR 199–1–6 Arbitration for Blasting and d. Damage Claims 22–3–13a(b) concerning operator 199–1–3.3. concerning public notice notification of owners and occupants of of blasting operations is amended. 199–1–6.1. concerning listing of dwellings or structures is amended. 199–1–3.4. concerning surface arbitrators is amended. blasting activities incident to 199–1–6.2. concerning selection of 22–3–13a(f)(14) concerning contents underground coal mining is amended. arbitrator is amended. of a preblast survey is amended. 199–1–3.5.c.1. concerning blast 199–1–6.4. concerning demand for 22–3–13a(g) concerning the submittal record, blasting log is amended. arbitration and timeframes for of preblast surveys to the office of 199–1–3.6. concerning blasting arbitration is amended. explosives and blasting is amended. procedures is amended. 199–1–6.7. concerning presentations 22–3–13a(j) concerning applicability 199–1–3.7. concerning blasting to the arbitrator is amended. of the section 22–3–13a is amended. control for other structures is amended. 199–1–6.8. concerning arbitration 199–1–3.8. concerning certified award, fees, costs and expenses is 22–3–22a Blasting restrictions; site blasting personnel is deleted, and in its amended. specific blasting design requirement place new 199–1–3.8 concerning pre- blast surveys is added. CSR 199–1–7 Explosive Material Fee 22–3–22a(e) concerning blasting 199–1–3.9. The title of this subsection 199–1–7.2. concerning remittance fee within 1000 feet of a protected structure is changed from Pre-blast Survey, to Pre- is amended. is amended. blast Surveyors. Amendments are also 199–1–7.3. concerning dedication of 22–3–22a(f) concerning waiver of the made to this subsection concerning the the fee is amended. blasting prohibition within 300 feet of a qualifications and compliance 199–1–7.7. concerning protected structure is amended. requirements of pre-blast surveyors. noncompliance is amended.
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CSR 199–1–8 Inspections and time of the hearing with those submitted by the States must be based 199–1–8. This section is new and persons requesting the hearing. If no one solely on a determination of whether the concerns inspections of any requests an opportunity to speak, we submittal is consistent with SMCRA and prospecting, active surface mining will not hold a hearing. its implementing Federal regulations operation, or inactive surface mining To assist the transcriber and ensure an and whether the other requirements of operation. accurate record, we request, if possible, 30 CFR Parts 730, 731, and 732 have that each person who speaks at a public been met. CSR 199–1–9 Surface Mine Board hearing provide us with a written copy Executive Order 13132—Federalism 199–1–9. This section is new and of his or her comments. The public hearing will continue on the specified concerns open meetings, appeals, and This rule does not have Federalism date until everyone scheduled to speak ex parte communications. implications. SMCRA delineates the has been given an opportunity to be roles of the Federal and State III. Public Comment Procedures heard. If you are in the audience and governments with regard to the have not been scheduled to speak and Under the provisions of 30 CFR regulation of surface coal mining and wish to do so, you will be allowed to 732.17(h), we are seeking your reclamation operations. One of the comments on whether the amendment speak after those who have been purposes of SMCRA is to ‘‘establish a satisfies the applicable program scheduled. We will end the hearing after nationwide program to protect society approval criteria of 30 CFR 732.15. If we everyone scheduled to speak and others and the environment from the adverse approve the amendment, it will become present in the audience who wish to effects of surface coal mining part of the State program. speak, have been heard. operations.’’ Section 503(a)(1) of Written Comments Public Meeting SMCRA requires that State laws Send your written comments to OSM If only one person requests an regulating surface coal mining and at the address given above. Your written opportunity to speak, we may hold a reclamation operations be ‘‘in comments should be specific, pertain public meeting rather than a public accordance with’’ the requirements of only to the issues proposed in this hearing. If you wish to meet with us to SMCRA. Section 503(a)(7) requires that rulemaking, and include explanations in discuss the amendment, please request State programs contain rules and support of your recommendation(s). We a meeting by contacting the person regulations ‘‘consistent with’’ will not consider or respond to your listed under FOR FURTHER INFORMATION regulations issued by the Secretary comments when developing the final CONTACT. All such meetings are open to pursuant to SMCRA. rule if they are received after the close the public and, if possible, we will post Executive Order 13211—Regulations of the comment period (see DATES). We notices of the meetings at the locations That Significantly Affect the Supply, ADDRESSES. will make every attempt to log all listed under We will make Distribution, or Use of Energy comments into the administrative a written summary of each meeting a record, but comments delivered to an part of the Administrative Record. On May 18, 2001, the President issued address other than the Charleston Field IV. Procedural Determinations Executive Order 13211 which requires Office may not be logged in. agencies to prepare a Statement of Executive Order 12630—Takings Energy Effects for a rule that is (1) Availability of Comments This rule does not have takings considered significant under Executive We will make comments, including implications. This determination is Order 12866, and (2) likely to have a names and addresses of respondents, based on the analysis performed for the significant adverse affect on the supply, available for public review during our counterpart Federal regulations. distribution, or use of energy. Because normal business hours. We will not this rule is exempt from review under consider anonymous comments. If Executive Order 12866—Regulatory Executive Order 12866 and is not Planning and Review individual respondents request expected to have a significant adverse confidentiality, we will honor their This rule is exempt from review by effect on the supply, distribution, or use request to the extent allowable by law. the Office of Management and Budget of energy, a Statement of Energy Effects Individual respondents who wish to (OMB) under Executive Order 12866. is not required. withhold their names or address from Executive Order 12988—Civil Justice public review, except for the city or National Environmental Policy Act Reform town, must state this prominently at the Section 702(d) of SMCRA (30 U.S.C. beginning of their comments. We will The Department of the Interior has 1292(d)) provides that a decision on a make all submissions from conducted the reviews required by proposed State regulatory program organizations or businesses, and from section 3 of Executive Order 12988 and provision does not constitute a major individuals identifying themselves as has determined that, to the extent Federal action within the meaning of representatives or officials of allowable by law, this rule meets the section 102(2)(C) of the National organizations or businesses, available applicable standards of subsections (a) Environmental Policy Act (NEPA) (42 for public inspection in their entirety. and (b) of that section. However, these standards are not applicable to the U.S.C. 4332(2)(C)). A determination has Public Hearing actual language of State regulatory been made that such decisions are If you wish to speak at the public programs and program amendments categorically excluded from the NEPA hearing, contact the person listed under because each such program is drafted process (516 DM 8.4.A). FOR FURTHER INFORMATION CONTACT by and promulgated by a specific State, not Paperwork Reduction Act 4:30 p.m. (local time), on February 15, by OSM. Under sections 503 and 505 of 2002. If you are disabled and need SMCRA (30 U.S.C. 1253 and 1255) and This rule does not contain special accommodations to attend a the Federal regulations at 30 CFR information collection requirements that public hearing, contact the person listed 730.11, 732.15, and 732.17(h)(10), require approval by the OMB under the under FOR FURTHER INFORMATION decisions on proposed State regulatory Paperwork Reduction Act (44 U.S.C. CONTACT. We will arrange the location programs and program amendments 3507 et seq.).
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Regulatory Flexibility Act DEPARTMENT OF TRANSPORTATION this document to which each comment applies, and give the reason for each The Department of the Interior has Coast Guard comment. Please submit all comments determined that this rule will not have and related material in an unbound a significant economic impact on a 33 CFR Part 165 format, no larger than 81⁄2 by 11 inches, substantial number of small entities [COTP Western Alaska 02–003] suitable for copying. If you would like under the Regulatory Flexibility Act (5 to know they reached us, please enclose U.S.C. 601 et seq.). The State submittal RIN 2115–AA97 a stamped, self-addressed postcard or which is the subject of this rule is based envelope. We will consider all Safety Zone; Ouzinkie Harbor, upon counterpart Federal regulations for comments and material received during Ouzinkie, AK which an economic analysis was the comment period. We may change prepared and certification made that AGENCY: Coast Guard, DOT. this proposed rule in view of them. such regulations would not have a ACTION: Notice of proposed rulemaking. significant economic effect upon a Public Meeting substantial number of small entities. SUMMARY: The Coast Guard proposes to We do not now plan to hold a public Accordingly, this rule will ensure that establish two temporary safety zones in meeting. But you may submit a request existing requirements previously Ouzinkie Harbor, Ouzinkie, Alaska. One for a meeting by writing to Coast Guard promulgated by OSM will be safety zone would surround the barge Marine Safety Office Anchorage at the implemented by the State. In making the SWINIMOSH which will be conducting address under ADDRESSES explaining determination as to whether this rule dredging and blasting operations in the why one would be beneficial. If we would have a significant economic navigable waters of Ouzinkie Harbor. determine that one would aid this impact, the Department relied upon the The second safety zone would close all rulemaking, we will hold one at a time data and assumptions for the of Ouzinkie Harbor when the barge and place announced by a later notice counterpart Federal regulation. SWINIMOSH conducts blasting in the Federal Register. operations. These safety zones are Small Business Regulatory Enforcement necessary to protect vessels transiting Background and Purpose Fairness Act the area from the potential hazards The U.S. Army Corps of Engineers, This rule is not a major rule under 5 associated with the dredging and through its contractor Western Marine U.S.C. 804(2), the Small Business blasting operations conducted by the Construction, Inc., will be conducting Regulatory Enforcement Fairness Act. barge SWINIMOSH. dredging and blasting operations on This rule: (a) Does not have an annual DATES: Comments must be received on portions of Ouzinkie Harbor (Army effect on the economy of $100 million; or before February 21, 2002. While our Corps of Engineers project number (b) Will not cause a major increase in proposed rule may change based on DACW85–01–C–0010). This dredging costs or prices for consumers, comments received, we plan to make project will help maintain safe individual industries, geographic our final rule effective starting March 1, navigation within Ouzinkie Harbor. A regions or Federal, State, or local 2002. 500-yard safety zone around the barge government agencies; and (c) Does not ADDRESSES: You may mail comments SWINIMOSH and a safety zone closing have significant adverse effects on and related material to Coast Guard the harbor during blasting operations is competition, employment, investment, Marine Safety Office, 510 L Street, Suite necessary to ensure the safety of the productivity, innovation, or the ability 100, Anchorage, AK 99501. Coast Guard maritime community from the potential of U.S.-based enterprises to compete Marine Safety Office Anchorage hazards associated with dredging and with foreign-based enterprises. maintains the public docket for this blasting operations. rulemaking. Comments and material Because we received the request late, This determination is based upon the received from the public, as well as we find that good cause exists, under 5 fact that the State submittal which is the documents indicated in this preamble as U.S.C. 553(d)(3), for making this rule subject of this rule is based upon being available in the docket, will effective less than 30 days after counterpart Federal regulations for become part of this docket and will be publication in the Federal Register. We which an analysis was prepared and a available for inspection or copying at have limited the comment period to 21 determination made that the Federal Coast Guard Marine Safety Office days so that the final rule can go into regulation was not considered a major Anchorage between 7:30 a.m. and 4 effect on March 1, 2002 in order to meet rule. p.m., Monday through Friday, except our obligation to protect the maritime Unfunded Mandates Federal holidays. community. FOR FURTHER INFORMATION CONTACT: Discussion of Proposed Rule This rule will not impose a cost of Lieutenant Matt Jones, USCG Marine $100 million or more in any given year Safety Detachment Kodiak, at (907) 486– The proposed safety zones would on any governmental entity or the 5918 or Lieutenant Commander Chris include the navigable waters of private sector. Woodley, USCG Marine Safety Office Ouzinkie Harbor within a 500-yard List of Subjects in 30 CFR Part 948 Anchorage, at (907) 271–6700. radius of the barge SWINIMOSH in SUPPLEMENTARY INFORMATION: Ouzinkie, AK, Lat. 57°55′10″ N, Long. Intergovernmental relations, Surface 152°29′45″ W, and all waters of mining, Underground mining. Request for Comments Ouzinkie Harbor, shoreline of a line We encourage you to participate in drawn from 57°54′58″ N, 152°29′35″ W Dated: January 9, 2002. this rulemaking by submitting to 57°55′04″ N, 152°30′00″ W and Allen D. Klein, comments and related material. If you ending at 57°55′12″ N, 152°30′10″ W Regional Director, Appalachian Regional do so, please include your name and when blasting operations occur. The Coordinating Center. address, identify the docket number for blasting operations could occur any [FR Doc. 02–2415 Filed 1–30–02; 8:45 am] this rulemaking (COTP Western Alaska time during daylight hours starting BILLING CODE 4310–05–P 02–003), indicate the specific section of March 1, 2002 through April 15, 2002.
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These proposed safety zones are Harbor during the time this zone is Executive Order 12630, Governmental necessary to protect the maritime activated. Actions and Interference with community from the hazards of the These safety zones would not have a Constitutionally Protected Property dredging and blasting operations. The significant economic impact on a Rights. Coast Guard will announce via substantial number of small entities for Civil Justice Reform broadcast notice to mariners when the the following reasons. The safety zone blasting operations will occur. Vessels area around the barge SWINIMOSH will This proposed rule meets applicable must contact the tug WALDO not restrict vessels from transiting standards in sections 3(a) and 3(b)(2) of immediately upon entering and before Ouzinkie Harbor and vessels could pass Executive Order 12988, Civil Justice transiting Ouzinkie Harbor. safely around it. Also, the safety zone Reform, to minimize litigation, closing Ouzinkie Harbor during blasting eliminate ambiguity, and reduce Regulatory Evaluation operations will be well announced so as burden. This proposed rule is not a to allow vessels ample time to plan Protection of Children ‘‘significant regulatory action’’ under ahead and the actual blasting operations section 3(f) of Executive Order 12886, will be short in duration. Limited vessel We have analyzed this proposed rule Regulatory Planning and Review, and traffic occurs in this area during these under Executive Order 13045, does not require an assessment of months. Before and during the effective Protection of Children from potential costs and benefits under period, we would issue a broadcast Environmental Health Risks and Safety section 6(a)(3) of that Order. The Office notice to mariners to warn maritime Risks. This rule is not an economically of Management and Budget has not vessel traffic of the safety zones and significant rule and does not create an reviewed it under that Order. It is not operations occurring within the safety environmental risk to health or risk to ‘‘significant’’ under the regulatory zone. safety that may disproportionately affect policies and procedures of the If you think that your business, children. Department of Transportation (DOT) (44 organization, or governmental FR 11040, February 26, 1979). jurisdiction qualifies as a small entity Consultation and Coordination With Indian Tribal Governments We expect the economic impact of and that this rule would have a this rule to be so minimal that a full significant economic impact on it, This proposed rule does not have Regulatory Evaluation under paragraph please submit a comment (see tribal implications under Executive 10(e) of the regulatory policies and ADDRESSES) explaining why you think it Order 13175, Consultation and procedures of DOT is unnecessary. This qualifies and how and to what degree Coordination with Indian Tribal finding is based on the fact that the this rule would economically affect it. Governments, because it does not have safety zone around the barge Collection of Information a substantial direct effect on one or SWINIMOSH will not restrict vessels more Indian tribes, on the relationship from transiting through the harbor. Also, This proposed rule calls for no new between the Federal Government and the safety zone closing Ouzinkie Harbor collection of information under the Indian tribes, or on the distribution of during blasting operations will be well Paperwork Reduction Act of 1995 (44 power and responsibilities between the announced so as to allow vessels ample U.S.C. 3501–3520). Federal Government and Indian tribes. time to plan ahead and the actual Federalism To help the Coast Guard establish blasting operations will be short in A rule has implications for federalism regular and meaningful consultation duration. The areas will not affect under Executive Order 13132, and collaboration with Indian and maritime vessel traffic transiting the Federalism, if it has a substantial direct Alaskan Native tribes, we published a shipping channel at Ouzinkie Narrows. effect on State or local governments and notice in the Federal Register (66 FR Vessel traffic at this time of the year is would either preempt State law or 36361, July 11, 2001) requesting minimal. impose a substantial direct cost of comments on how to best carry out the Small Entities compliance on them. We have analyzed Order. We invite your comments on this proposed rule under that Order and how this proposed rule might impact Under the Regulatory Flexibility Act have determined that it does not have tribal governments, even if that impact (5 U.S.C. 601–612), we have considered implications for federalism. may not constitute a ‘‘tribal whether this proposed rule would have implication’’ under the Order. a significant economic impact on a Unfunded Mandates Reform Act Energy Effects substantial number of small entities. The Unfunded Mandates Reform Act The term ‘‘small entities’’ comprises of 1995 (2 U.S.C. 1531–1538) requires We have analyzed this proposed rule small businesses, not-for-profit Federal agencies to assess the effects of under Executive Order 13211, Actions organizations that are independently their discretionary regulatory actions. In Concerning Regulations That owned and operated and are not particular, the Act addresses actions Significantly Affect Energy Supply, dominant in their fields, and that may result in the expenditure by a Distribution, or Use. We have governmental jurisdictions with State, local, or tribal government, in the determined that it is not a ‘‘significant populations of less than 50,000. aggregate, or by the private sector of energy action’’ under that order because The Coast Guard certifies under 5 $100,000,000 or more in any one year. it is not a ‘‘significant regulatory action’’ U.S.C. 605(b) that this proposed rule Though this proposed rule will not under Executive Order 12866 and is not will not have a significant economic result in such an expenditure, we do likely to have a significant adverse effect impact on a substantial number of small discuss the effects of this rule elsewhere on the supply, distribution, or use of entities. in this preamble. energy. It has not been designated by the This proposed rule will affect the Administrator of the Office of following entities, some of which may Taking of Private Property Information and Regulatory Affairs as a be small entities: The owners or This proposed rule will not effect a significant energy action. Therefore, it operators of vessels intending to transit taking of private property or otherwise does not require a Statement of Energy or anchor in the vicinity of Ouzinkie have taking implications under Effects under Executive Order 13211.
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Environment transiting in either safety zone is interpretation and application of the We have considered the permitted unless authorized by the copyright law to certain kinds of digital environmental impact of this rule and Captain of the Port. transmissions of musical works. 66 FR concluded that under figure 2–1, Dated: January 16, 2002. 14099 (March 9, 2001). Subsequently, paragraph 34(g), of Commandant H.M. Hamilton, the Recording Industry of America, Inc. Instruction M16475.1D, this proposed Commander, U.S. Coast Guard, Alternate (‘‘RIAA’’), the National Music rule is categorically excluded from Captain of the Port, Western Alaska. Publishers Association (‘‘NMPA’’) and further environmental documentation. [FR Doc. 02–2276 Filed 1–30–02; 8:45 am] The Harry Fox Agency (‘‘HFA’’) This rule fits paragraph 34(g) as it BILLING CODE 4910–15–P negotiated a private agreement which establishes a safety zone. A ‘‘Categorical addressed the application of the Exclusion Determination’’ is available in mechanical compulsory license, as set the docket for inspection or copying LIBRARY OF CONGRESS forth in the Copyright Act, 17 U.S.C. where indicated under ADDRESSES. 115, to two specific types of services List of Subjects in 33 CFR Part 165 Copyright Office discussed in the initial Notice of Inquiry and filed the agreement with the Harbors, Marine safety, Navigation 37 CFR Part 255 Copyright Office as part of this (water), Reporting and recordkeeping proceeding. requirements, Security measures, [Docket No. RM 2000–7B] Waterways. On December 14, 2001, the Copyright For the reasons discussed in the Mechanical and Digital Phonorecord Office published a request for additional preamble, the Coast Guard proposes to Delivery Compulsory License comments on its March 9 Notice of Inquiry in light of the RIAA/NMPA/ amend 33 CFR part 165 as follows: AGENCY: Copyright Office, Library of Congress. HFA agreement (67 FR 64783). On PART 165—REGULATED NAVIGATION January 28, 2002, the date comments ACTION: AREAS AND LIMITED ACCESS AREAS Extension of comment period. were due, RIAA and NMPA filed a joint 1. The authority citation for part 165 SUMMARY: The Copyright Office of the request for more time to fill the continues to read as follows: Library of Congress is extending the requested comments. These parties stated that at the last moment they Authority: 33 U.S.C. 1231; 50 U.S.C. 191, time period for filing additional 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 comments on its Notice of Inquiry identified questions that had not been CFR 1.46. concerning the interpretation and fully appreciated or addressed in their application of the copyright laws to respective comments. They expressed 2. Add § 165.T17–002 to read as certain kinds of digital transmissions of concern that failure to address these follows: prerecorded musical works in light of an issues could be misinterpreted and § 165.T17–002 Safety Zone; Ouzinkie agreement between the Recording asked for a two week extension to draft Harbor Dredging and Blasting Operations, Industry Association of America, Inc., more comprehensive comments. Ouzinkie, Alaska. the National Music Publishers Moreover, as the parties to the (a) Location. The following areas are Association, and The Harry Fox Agency. Agreement that is the subject of the temporary safety zones: (1) SWINIMOSH The due date for reply comments request for additional comments, these Barge safety zone: All navigable waters remains unchanged. parties argue that ‘‘it would benefit the in Ouzinkie Harbor within a 500-yard DATES: Comments are due no later than record, any other commenting parties, radius of the barge SWINIMOSH while February 6, 2002. Reply comments are and the public—and narrow the range of it is engaged in dredging and blasting due February 27, 2002. issues to be presented to the Copyright operations. ADDRESSES: If sent by mail, an original Office—if [they] were afforded an (2) Ouzinkie Harbor safety zone: All and ten copies of the reply comments opportunity to address these questions.’’ waters in Ouzinkie Harbor, excluding should be addressed to: Copyright the SWINIMOSH Barge safety zone, Although it is not uncommon for the Arbitration Royalty Panel (CARP), P.O. shoreward from a line drawn from Office to grant extensions when a party Box 70977, Southwest Station, 57°54′58″ N, 152°29′35″ W to 57°55′04″ has made a showing of need, it is Washington, D.C. 20024. If hand N, 152°30′00″ W and ending at reluctant to do so when the request is delivered, the reply comments, they 57°55′12″ N, 152°30′10″ W. made on the day of the filing deadline, should be brought to: Office of the (b) Effective period. This section is General Counsel, James Madison since it is very disruptive and unfair to effective from 12:01 a.m. March 1, 2002, Building, Room LM–403, First and those who have met the deadline. until 9 p.m. April 15, 2002. During this Independence Ave., SE, Washington, However, because NMPA and RIAA are effective period, blasting operations will D.C. 20559–6000. the parties to the agreement that is the occur in daylight hours only. subject of the request for additional FOR FURTHER INFORMATION CONTACT: (c) Regulations. comments, the Office believes it is (1) The general regulations contained David O. Carson, General Counsel, or important to obtain their comments in in § 165.23 apply. The attending tug Tanya M. Sandros, Attorney Advisor, WALDO will be standing by on Copyright GC/I&R, P.O. Box 70400, the first round. Therefore, the date for channels 16 and 13 to provide traffic Southwest Station, Washington, D.C. filing the requested comments has been advisories. All vessels must have 20024. Telephone: (202) 707–8380. extended. Comments are now due no permission of the Captain of the Port to Telefax: (202) 707–8366. later than Wednesday, February 6, 2002. enter the safety zones defined in this SUPPLEMENTARY INFORMATION: There shall be no further extension of section. Vessels in the Ouzinkie Harbor this deadline. The date for filing reply safety zone must contact the tug Background comments remains unchanged. Reply WALDO before transiting Ouzinkie On March 9, 2001, the Copyright comments shall be due on Wednesday, Harbor to determine if blasting is Office published a Notice of Inquiry in February 27, 2002. scheduled. If it is scheduled, no which it requested comments on the
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Dated: January 29, 2002. rule will take effect on the date stated Equipment Association, 1300 19th David O. Carson, in that document, and no further action Street, NW, Fifth Floor, Washington, DC General Counsel. will be taken. EPA does not plan to 20036. institute a second comment period on [FR Doc. 02–2503 Filed 1–30–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 1410–31–P this action. Any parties interested in commenting on this action should do so For non-legal issues, you may call at this time. Charles Hott, Office of Crashworthiness Standards, at 202–366–4920. ENVIRONMENTAL PROTECTION DATES: Written comments must be AGENCY received on or before March 4, 2002. For legal issues, you may call Rebecca ADDRESSES: Written comments may be MacPherson, Office of the Chief 40 CFR Part 52 mailed to J. Elmer Bortzer, Chief, Counsel, at 202–366–2992. Regulation Development Section, Air [OH 103–1b; FRL–7114–2] You may send mail to both of these Programs Branch (AR–18J), officials at the National Highway Traffic Approval and Promulgation of Environmental Protection Agency, 77 Safety Administration, 400 Seventh Implementation Plans; Ohio West Jackson Boulevard, Chicago, Street, SW, Washington, DC, 20590. Illinois 60604. Copies of the materials AGENCY: Environmental Protection submitted by the Ohio Environmental SUPPLEMENTARY INFORMATION: Agency (EPA). Protection Agency may be examined Background ACTION: Proposed rule. during normal business hours at the following location: Environmental On May 20, 1999, the National SUMMARY: EPA is proposing to approve Protection Agency, Region 5, Air and Highway Traffic Safety Administration portions of Ohio’s March 20, 2000, Radiation Division, 77 West Jackson (NHTSA) published a notice of intent to submittal of sulfur dioxide regulations Boulevard, Chicago, Illinois, 60604. establish an advisory committee for various counties. In this action, EPA FOR FURTHER INFORMATION CONTACT: (Committee) for a negotiated rulemaking is proposing to approve the revised Phuong Nguyen at (312) 886–6701. to develop recommendations for emission limits of the Ohio SUPPLEMENTARY INFORMATION: For regulations governing the certification of Administrative Code (OAC) for sources additional information see the direct vehicles built in two or more stages. The in Butler County (OAC 3745–18–15). final rule published in the rules section notice requested comment on EPA is also proposing to approve the of this Federal Register. membership, the interests affected by revised emission limits for the Picway the rulemaking, the issues that the Generating Station in Pickaway County Dated: November 29, 2001. Christine Todd Whitman, Committee should address, and the (OAC 3745–18–71), and for the procedures that it should follow. The Administrator. Painesville Municipal Plant boiler reader is referred to that notice (64 FR [FR Doc. 02–2380 Filed 1–30–02; 8:45 am] number 5 in Lake County (OAC 3745– 27499) for further information on these 18–49). In addition, EPA is proposing to BILLING CODE 6560–50–P issues. approve selected parts of the State’s rule for compliance schedules (OAC 3745– On December 14–15, 1999, interested 18–03) and test methods (OAC 3745– DEPARTMENT OF TRANSPORTATION parties attended a public meeting in 18–04), most of which apply to the new Washington, DC. Since that time, the Advisory Committee has continued to sulfur dioxide (SO2) emission limits in National Highway Traffic Safety Butler and Pickaway counties. In Administration meet, most recently in the Fall of 2000. conjunction with these actions, EPA is While most of the issues before the proposing to rescind the federally 49 CFR Parts 567 and 568 Committee have been tentatively resolved, the issue of manufacturer promulgated emission limitations for [Docket No. NHTSA–99–5673] SO2 for Butler, Lorain, Coshocton, exemptions remained. NHTSA agreed to Gallia, and Lake Counties, since these RIN 2127–AE27 not reconvene the Committee until it believed it had developed a solution limits have been superseded by the Vehicles Built in Two or More Stages approved state limits. In the final rules that would be acceptable to all members section of this Federal Register, the EPA AGENCY: National Highway Traffic of the Committee. This meeting of the is approving the State’s request as a Safety Administration (NHTSA), DOT. Committee is being held to finally direct final rule without prior proposal ACTION: Notice of meeting. resolve that issue so that NHTSA can because EPA views this action as non- draft a Notice of Proposed Rulemaking. controversial and anticipates no adverse SUMMARY: This document announces the The meeting will be open to the public comments. A detailed rationale for date of the final public meeting of the so that individuals who are not part of approving the State’s request is set forth Negotiated Rulemaking Committee on the Committee may attend and observe. in the direct final rule. The direct final the development of recommended Any person attending the Committee rule will become effective without amendments to the existing NHTSA meetings may address the Committee, if further notice unless EPA receives regulations (49 CFR part 567, 568) time permits, or file statements with the relevant adverse written comment. governing the certification of vehicles Committee. Should EPA receive such comment, it built in two or more stages to the Authority: 5 U.S.C. sections 561 et seq.; will publish a timely withdrawal of the Federal motor vehicle safety standards delegation of authority at 49 CFR 1.50. direct final rule informing the public (49 CFR part 571). The Committee was Issued on: January 25, 2002. that the direct final rule will not take established under the Federal Advisory effect, and such public comment Committee Act. Stephen R. Kratzke, received will be addressed in a DATES: The meeting is scheduled on Acting Associate Administrator for Safety subsequent final rule based on the February 21–22, 2002. Performance Standards. proposed rule. If no adverse written ADDRESSES: The meeting will take place [FR Doc. 02–2275 1–30–02; 8:45 am] comments are received, the direct final at the offices of the National Truck BILLING CODE 4910–59–P
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DEPARTMENT OF COMMERCE In the snapper grouper complex, 12 finalize and approve draft Amendment species are currently overfished, six 13 to the FMP and the DSEIS for public National Oceanic and Atmospheric species are not approaching an hearings in 2002. These documents are Administration overfished condition nor is overfishing expected to be released for public occurring, and the status of the comment and filed with the 50 CFR Part 622 remaining species is unknown. Once it Environmental Protection Agency in is determined that overfishing is 2003. [I.D. 012302E] occurring, the Magnuson-Stevens Act Authority: 6 U.S.C. 1801 et seq. requires that the Council take action to Fisheries of the Caribbean, Gulf of develop a rebuilding plan. Amendment Dated: January 25, 2002. Mexico, and South Atlantic; Snapper- 13 proposes the establishment of Jonathan Kerland, Grouper Fishery off the Southern rebuilding timeframes for the overfished Acting Director, Office of Sustainable Atlantic States; Amendment 13 species within the snapper-grouper Fisheries, National Marine Fisheries Service. [FR Doc. 02–2301 Filed 1–30–02; 8:45 am] AGENCY: National Marine Fisheries management unit. To prevent overfishing, the Service (NMFS), National Oceanic and BILLING CODE 3510–22–S Magnuson-Stevens Act and the Atmospheric Administration (NOAA), subsequent Sustainable Fisheries Act U.S. Department of Commerce. amendments provide national standards DEPARTMENT OF COMMERCE ACTION: Notice of intent to prepare a that must be satisfied within the FMPs. draft supplemental environmental The National Standards establish National Oceanic and Atmospheric impact statement (DSEIS); request for parameters, including maximum Administration comments. sustainable yield (MSY), optimum yield (OY), minimum stock size threshold 50 CFR Part 622 SUMMARY: The South Atlantic Fishery (MSST), and maximum fishing mortality Management Council (Council) intends [I.D. 012502A] rate threshold (MFMT), which are used to prepare a DSEIS to assess the impacts to avoid overfished situations. Fisheries of the Caribbean, Gulf of on the natural and human environment Currently, static spawning potential Mexico, and South Atlantic; Snapper- of the management measure proposed in ratio proxies are used to define MSY, Grouper Fishery off the Southern its draft Amendment 13 to the Fishery OY, and MFMT. In Amendment 13, the Atlantic States; Amendment 14 Management Plan for the Snapper- Council intends to establish values for Grouper Fishery of the South Atlantic MSY, OY, MFMT, and MSST for each AGENCY: National Marine Fisheries Region (FMP). of the species in the snapper-grouper Service (NMFS), National Oceanic and DATES: Written comments on the scope management unit, contingent upon the Atmospheric Administration (NOAA), of issues to be addressed in the availability of sufficient scientific Commerce. preliminary DSEIS will be accepted information. ACTION: Notice of intent to prepare a through March 4, 2002. Additionally, the Council is draft supplemental environmental ADDRESSES: Comments and requests for considering that the following impact statement (DSEIS); request for copies of the DSEIS should be sent to management measures be included in comments. Robert K. Mahood, Executive Director, Amendment 13: commercial permit South Atlantic Fishery Management transfers; adjusting the harvest and/or SUMMARY: The South Atlantic Fishery Council, One Southpark Circle, Suite possession of all species in the Management Council (Council) intends 306, Charleston, SC 29407–4699, FAX: deepwater grouper/tilefish fishery; to prepare a DSEIS to assess the impacts 843-769–4520; email: prohibiting all possession and sale of on the natural and human environment [email protected]. red porgy, greater amberjack, and of the management measure proposed in mutton snapper during spawning season its draft Amendment 14 to the Fishery FOR FURTHER INFORMATION CONTACT: Kim closures for that species; extending the Management Plan for the Snapper- Iverson, Public Information Office; 843– Oculina Experimental Closed Area for Grouper Fishery of the South Atlantic 571–4366 or [email protected]. an additional time period; removing Region (FMP). SUPPLEMENTARY INFORMATION: The queen triggerfish from the snapper- DATES: Written comments on the scope snapper grouper fishery off the South grouper management unit; increasing of issues to be addressed in the Atlantic States in the exclusive the recreational size limit of greater preliminary DSEIS will be accepted economic zone is managed under the amberjack; modifying the minimum through March 4, 2002. FMP. Following Council preparation, mesh size regulations for black sea bass ADDRESSES: Comments and requests for the FMP was approved and pots; modifying current red porgy copies of the DSEIS should be sent to implemented by NMFS under the regulations; establishing a program to Robert K. Mahood, Executive Director, authority of the Magnuson-Stevens collect fees from the wreckfish industry; South Atlantic Fishery Management Fishery Conservation and Management establishing a program to collect data on Council, One Southpark Circle, Suite Act (Magnuson-Stevens Act) in March snapper and grouper permits as they are 306, Charleston, SC 29407–4699, FAX: of 1983. Currently, the Council is sold; and establishing a protocol for the 843–769–4520; email: preparing draft FMP Amendment 13 collection of data for Endangered [email protected]. and a DSEIS as an integrated part of the Species Act/section 7 consultation. Amendment. The DSEIS will discuss A scoping meeting to determine the FOR FURTHER INFORMATION CONTACT: Kim the proposed Amendment 13 scope of significant issues to be Iverson, Public Information Office; 843- management measures in conjunction addressed in the DSEIS and the 571-4366 or [email protected]. with reasonable alternatives. Each associated Amendment 13 will be SUPPLEMENTARY INFORMATION: The alternative will be assessed in relation conducted at the Council’s March 4-8, snapper grouper fishery off the South to the environmental consequences with 2002, meeting in Savannah, GA. Atlantic States in the exclusive a no-action alternative considered as Following consideration of public economic zone is managed under the one of the options. comments, the Council intends to FMP. Following Council preparation,
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the FMP was approved and addressed in the DSEIS and the comment period from February 19, implemented by NMFS under the associated Amendment 14 will be 2002, to February 28, 2002. authority of the Magnuson-Stevens conducted at the Council’s March 4-8, DATES: Receipt of comments on the Fishery Conservation and Management 2002, meeting in Savannah, GA. Act (Magnuson-Stevens Act) in March Following consideration of public proposed rule is extended from of 1983. Currently, the Council is comments, the Council intends to February 19, 2002, to February 28, 2002. preparing draft FMP Amendment 14 finalize and approve draft Amendment ADDRESSES: Comments on the proposed and a DSEIS as an integrated part of the 14 to the FMP and the DSEIS for two rule should be sent to, and copies of Amendment. The DSEIS will discuss rounds of public hearings, one in 2002 supporting documents, including a Draft the proposed Amendment 14 and one early in 2003. These documents Environmental Impact Statement/ management measures in conjunction are expected to be released for public Regulatory Impact Review and an Initial with reasonable alternatives. Each comment and filed with the Regulatory Flexibility Analysis, are alternative will be assessed in relation Environmental Protection Agency available from the Director, State, to the environmental consequences with following the June 2003 Council Federal and Constituent Programs a no-action alternative considered as meeting. Office, NMFS, One Blackburn Drive, one of the options. Authority: 6 U.S.C. 1801 et seq. Gloucester, MA 01930. Comments will The Council is considering the use of not be accepted if submitted via e-mail Marine Protected Areas (MPAs) as a Dated: January 25, 2002. Jonathan Kurlund, or the Internet. Comments regarding the management tool to protect overfished collection-of-information requirements stocks and maintain the sustained Acting Director, Office of Sustainable contained in the proposed rule should existence of healthy stocks in the Fisheries, National Marine Fisheries Service. be sent to Harry Mears at the above snapper grouper complex. MPAs serve [FR Doc. 02–2405 Filed 1–30–02; 8:45 am] address, and the Office of Information as geographical areas with various BILLING CODE 3510–22–S and Regulatory Affairs, Office of degrees of protection from harvest Management and Budget, Washington, including prohibition of specific gear types, seasonal spawning area closures, DEPARTMENT OF COMMERCE DC 20503 (ATTN: NOAA Desk Officer). complete closure from fishing, and FOR FURTHER INFORMATION CONTACT: combinations of the aforementioned. National Oceanic and Atmospheric Robert Ross, NMFS, Northeast Region, Anticipated benefits from the MPAs Administration 978–281–9234. include the protection of critical life stages, physical habitats, age structure, 50 CFR Part 697 SUPPLEMENTARY INFORMATION: As announced in the Federal Register on genetic diversity of the stock, and [Docket No. 010918229–1229–01; I.D. biodiversity. In addition to ensuring the 022301A] January 3, 2002 (67 FR 282), NMFS long-term ecological viability of the fish requested comments on proposed RIN 0648–AP15 stock and introducing a provision of regulations to implement proposed management measures for the American insurance against uncertainty, MPAs American Lobster Fishery have the potential to provide lobster fishery in the EEZ from Maine opportunities for education and AGENCY: National Marine Fisheries through North Carolina on or before research. Service (NMFS), National Oceanic and February 19, 2002. In a letter to the In Amendment 14, the Council is Atmospheric Administration (NOAA), NMFS Northeast Regional considering using MPAs as an Commerce. Administrator dated January 7, 2002, additional management tool to ACTION: Proposed rule; extension of the the Commission requested an extension supplement traditional management comment period. of the public comment period to allow measures and promote its ultimate goal for full discussion and public comment of conservation and management of fish SUMMARY: In a document published in on the proposed Federal American stocks in the South Atlantic exclusive the Federal Register on January 3, 2002, lobster regulations at a public meeting economic zone. The high species NMFS requested comments on proposed of the Commission’s American Lobster diversity and complex life history of regulations to implement proposed Board scheduled to occur during the fish within the snapper grouper management measures for the American week of February 18, 2002. Therefore, management group supports a greater lobster fishery in the Exclusive by this document, NMFS is extending ecosystem approach to resource Economic Zone (EEZ) from Maine the public comment period from management of the stock. The Council through North Carolina on or before February 19, 2002, to February 28, 2002. intends that Amendment 14 center on February 19, 2002. This proposed rule There were no changes from the establishing MPAs in critical habitat for document considers revisions to Federal proposed rule previously published. American lobster regulations that are overfished deepwater species including Dated: January 25, 2002. speckled hind, warsaw grouper, misty designed to be compatible with the grouper, yellowedge grouper, snowy Atlantic States Marine Fisheries Jon Kurland, grouper, golden tilefish, sand tilefish, Commission (Commission) Interstate Acting Director, Office of Sustainable and blueline tilefish. Fishery Management Plan for American Fisheries, National Marine Fisheries Service. A scoping meeting to determine the Lobster. The intent of this document is [FR Doc. 02–2404 Filed 1–30–02; 8:45 am] scope of significant issues to be to announce an extension of the public BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
This section of the FEDERAL REGISTER 1598, Washington, DC 20250–1598, human environment as defined by the contains notices to the public of the proposed telephone (202) 720–0667. National Environmental Policy Act of issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: 1969 (42 U.S.C. 4321 et seq.). Therefore, purpose of these notices is to give interested this action does not require an persons an opportunity to participate in the Executive Order 12866 environmental impact statement or rule making prior to the adoption of the final This proposed rule is exempt from the rules. assessment. Office of Management and Budget (OMB) review for the purposes of Catalog of Federal Domestic Assistance DEPARTMENT OF AGRICULTURE Executive Order 12866 and, therefore The program described by this has not been reviewed by OMB. proposed rule is listed in the Catalog of Rural Utilities Service Executive Order 12988 Federal Domestic Assistance programs under No. 10.851, Rural Telephone 7 CFR Part 1755 This proposed rule has been reviewed Loans and Loan Guarantees, and No. under Executive Order 12988, Civil 10.852, Rural Telephone Bank Loans. RUS Specification for Voice Frequency Justice Reform. RUS has determined This catalog is available on a Loading Coils that this proposed rule meets the subscription basis from the applicable standards provided in Superintendent of Documents, the AGENCY: Rural Utilities Service, USDA. section 3 of that Executive Order. In United States Government Printing ACTION: Proposed rule. addition, all State and local laws and Office, Washington, DC 20402–9325. regulations that are in conflict with this Telephone (202) 512–1800. SUMMARY: The Rural Utilities Service rule will be preempted, no retroactive (RUS) proposes to amend its regulations effect will be given to this rule, and, in Executive Order 12372 on Telecommunications Standards and accordance with section 212(e) of the Specifications for Materials, Equipment This proposed rule is excluded from Department of Agriculture the scope of Executive Order 12372, and Construction, by rescinding the Reorganization Act of 1994 (7 U.S.C. current issue of RUS Bulletin 345–22, Intergovernmental Consultation, which 6912(e)), administrative appeal may require consultation with State and RUS Specification for Voice Frequency procedures, if any, must be exhausted Loading Coils, PE–26. This specification local officials. See the final rule related before an action against the Department notice entitled, ‘‘Department Programs has become outdated because of or its agencies may be initiated. advancements made in the delivery of and Activities Excluded from Executive telecommunications services to rural Regulatory Flexibility Act Certification Order 12372,’’ (50 FR 47034). subscribers. This bulletin is RUS has determined that this Unfunded Mandates incorporated by reference in RUS proposed rule will not have a significant telecommunications regulations. economic impact on a substantial This proposed rule contains no Therefor, RUS is requesting public number of small entities, as defined by Federal mandates (under the regulatory comments on this proposed rescission. the Regulatory Flexibility Act (5 U.S.C. provision of Title II of the Unfunded Mandates Reform Act) for State, local, DATES: 601 et seq.). The RUS Comments concerning this and tribal governments or the private proposed rule shall be received by RUS telecommunications program provides loans to borrowers at interest rates and sector. Thus, this proposed rule is not or be postmarked no later than April 1, subject to the requirements of section 2002. on terms that are more favorable than those generally available from the 202 and 205 of the Unfunded Mandates ADDRESSES: Comments should be Reform Act. mailed to Gerald F. Nugent, Jr., Director, private sector. RUS borrowers, as result Telecommunications Standards of obtaining federal financing, receive Background Division, Rural Utilities Service, U.S. economic benefits that exceed any direct economic costs associated with RUS issues publications titled Department of Agriculture, 1400 ‘‘bulletins’’ which serve to guide Independence Avenue, SW., STOP complying with RUS regulations and requirements. Small entities are not borrowers regarding already codified 1598, Washington, DC 20250–1598. RUS policy, procedures, and requirements requests an original and three copies of subjected to any requirement which are not applied equally to large entities. needed to manage loans, loan guarantee all comments (7 CFR part 1700). All programs, and the security instruments comments received will be made Information Collection and which provide for and secure RUS available for public inspection at room Recordkeeping Requirements financing. RUS issues standards and 2905, South Building, U.S. Department This proposed rule contains no specifications for construction of of Agriculture, 1400 Independence information collection or recordkeeping telecommunications facilities financed Avenue, SW., STOP 1598 Washington, requirements under the Paperwork with RUS loan funds. After review of DC between 8 a.m. and 4 p.m. (7 CFR Reduction Act of 1995 (44 U.S.C. RUS’s bulletin and specification 1.27(b)). Chapter 35). issuances, RUS has decided to propose FOR FURTHER INFORMATION CONTACT: to rescind the outdated RUS Bulletin Charlie I. Harper, Jr., Chief, Outside National Environmental Policy Act 345–22, RUS Specification for Voice Plant Branch, Telecommunications Certification Frequency Loading Coils, PE–26, issued Standards Division, Rural Utilities The Administrator of RUS has January 19, 1989. RUS felt rescission Service, U.S. Department of Agriculture, determined that this proposed rule will was the best option for this bulletin and 1400 Independence Avenue, SW., STOP not significantly affect the quality of the welcomes public comment. This
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bulletin is incorporated by reference at we received and our responses to them. • Reducing the current maximum 7 CFR 1755.97. This action is part of our effort to make noise allotment (decibel level is too RUS Bulletin 345–22, RUS our regulatory program more effective high); Specification for Voice Frequency and less burdensome. • Creating different noise levels for Loading Coils, PE–26, specifies the FOR FURTHER INFORMATION CONTACT: day and night; technical requirements for voice Patrick W. Boyd, Office of Rulemaking, • Giving communities more local frequency loading coils that are used in ARM–23, Federal Aviation control over noise policies; aerial, direct burial, and underground Administration, 800 Independence • Increasing the minimum altitude plant installations. Since RUS borrowers Avenue SW., Washington, DC 20591; requirements (many commenters are designing and constructing new telephone (202) 267–7320. specified 3,000 feet); plant facilities capable of handling both • SUPPLEMENTARY INFORMATION: Creating stricter regulations for voice and data transmission which supersonic aircraft and sonic booms, require that loop lengths be shorter than Background helicopters, and ultralights; and 18,000 feet, the installation of voice Under section 5 of Executive Order • Banning or reducing the overflights frequency loading coils in these new 12866, Regulatory Planning and Review, of national parks to preserve the park transmission facilities using these each agency has developed a program to and wildlife. shorter loop lengths is no longer periodically review its existing Other issues not related to the required. Therefore RUS is proposing to regulations to determine if they should proposed noise policy that were raised rescind this bulletin because of be changed or eliminated. See 58 FR by the commenters include the obsolescence. 51735, October 4, 1993. The purposes of following: • List of Subjects in 7 CFR Part 1755 the review are to make the agency’s Age 60 rule: Commenters indicated that this rule causes age discrimination Loan programs-communications, regulatory program more effective in achieving the regulatory objectives and and, because of advances in medical Reporting and recordkeeping technology, some people remain healthy requirements, Rural areas, Telephone. less burdensome. The FAA conducts its review on a three-year cycle. and fit to fly after age 60. For reasons set out in the preamble, On July 13, 2000, we published a • Agricultural aircraft flight RUS proposes to amend Chapter XVII of document in the Federal Register asking operations: Commenters addressed the title 7 of the Code of Federal the public to tell us which regulations dispensing of chemicals and the Regulations as follows: we should amend, eliminate, or differences in agricultural operations over congested areas versus PART 1755—TELECOMMUNICATIONS simplify. See 65 FR 43265. The noncongested areas. STANDARDS AND SPECIFICATIONS document stated that we would • Annual aircraft inspections: FOR MATERIALS, EQUIPMENT AND consider the comments and adjust our Commenters favored an increase CONSTRUCTION regulatory priorities, consistent with our statutory responsibilities. The document between aircraft inspections from 1 year 1. The authority citation for part 1755 also stated we would publish a to 11⁄2, 2, or 3 years. continues to read as follows: summary of the comments and an • Biennial flight reviews: Authority: 7 U.S.C. 901 et seq., 1921 et explanation of how we would act on Commenters stated that biennial flight seq., 6941 et seq. them. reviews should be allowed in aircraft without fully functioning dual controls. § 1755.97 [Amended] Summary of Comments • Certification requirements for 2. Section 1755.97 is amended by In response to the July document, we commercial pilots: Some commenters removing the entry ‘‘RUS Bulletin No. received a total of 476 comments from indicated that the regulations need to be 345–22’’ from the table. 207 different commenters. The issue clarified and need to have regulatory Dated: January 14, 2002. generating the most public comments is options for gliders, because gliders are Hilda Gay Legg, the proposed Aviation Noise Abatement different than other aircraft and some of Administrator, Rural Utilities Service. Policy 2000, which we published in the the current regulations are irrelevant. Federal Register on July 14, 2000. See Commenters also specifically requested [FR Doc. 02–2298 Filed 1–30–02; 8:45 am] 65 FR 43802. The noise-related topics clarification of solo requirements. BILLING CODE 3410–15–P most frequently mentioned include the • Certification requirements for following: private pilots: Some commenters • Noise levels, encouraged more night flying DEPARTMENT OF TRANSPORTATION • Day/night average sound levels, requirements, especially for training. • Federal Aviation Administration. Local control, Commenters also requested specific • Minimum altitude requirements, glider requirements. • • 14 CFR Chapter I Supersonic aircraft and sonic Commuter and on-demand flight booms, operations: Commenters discussed [Docket No.: FAA–2000–7623] • National park overflights, takeoff, approach, and landing • The FAA’s and the public’s conflict minimums and how long records should Review of Existing Regulations of interest, be kept on file. • • AGENCY: Federal Aviation Night flights, and Drug and alcohol use, testing, and • Administration (FAA), DOT. General comments about the policy. offenses: Some commenters believe ACTION: Disposition of comments on Overall, commenters are opposed to charity airlifts and smaller flight existing regulations. both the proposed policy and the operations should be excused from drug growing noise problem and indicated and alcohol testing requirements and SUMMARY: The FAA is notifying the that the FAA should do more to protect that regulations concerning use of public of the outcome of our periodic the public from aircraft noise. The alcohol should be more restrictive with review of existing regulations. This commenters addressed the following ‘‘zero tolerance.’’ Various commenters action summarizes the public comments specific issues: also requested clarification of the
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regulations dealing with drug or alcohol Issues That We Will Consider for airport, alternate airport, or both offenses in aircraft or in motor vehicles. Rulemaking airports could be below the authorized • Flight- and duty-time rest During the review of comments, the weather minimums. This would occur requirements: Some commenters FAA didn’t identify any comments or when other time increments of the indicated that there should be a better recommendations that require response weather forecast state that the weather definition of ‘‘duty time’’ and its official through an immediate rulemaking. The conditions will be at or above the beginning or end. The commenters FAA notes, however, that several authorized weather minimums. • Clarifying the language for weather suggested having one set of regulations commenters raised issues that merit minimums for special visual flight rules. instead of a set for each kind of consideration for future rule changes. operation. As opportunities arise, we will try to Issues We Are Currently Addressing • Instrument and equipment incorporate these issues into ongoing The FAA is currently considering and future projects. For example, in requirements: Commenters discussed numerous issues addressed by the response to the comment that hot-air certain types of equipment, such as commenters. The most common issues balloons not be included in the transponders, aircraft lights, pitot heat include the following: minimum altitude requirements, the indication systems, emergency • The Aviation Noise Abatement FAA is gathering data generated from equipment, and flight recorders. Some Policy 2000: The FAA is preparing a flight testing taking place under an commenters want more stringent final version. exemption for the balloon altitude • Airworthiness directives: The FAA regulations, while others want fewer restriction. The FAA will analyze these restrictions and some indicated the will address comments related to data for a possible change of minimum proposed airworthiness directives (ADs) regulation should be deleted. altitude requirements for balloons. • during the preparation of final ADs. Medical standards and certification: One commenter recommended that • Certification requirements for Commenters addressed medical we revise commuter and on-demand mechanics: The FAA is now studying waivers, self-certification for medical flight operations regulations to reflect this issue as a prerequisite for future certificates, eye requirements and tests, the unique capabilities of helicopters. rulemaking. and the removal of the physical The FAA agrees that a change in the • Certification requirements for requirements for private pilots. operating specifications for helicopters pilots: The FAA is drafting a notice of • Minimum altitude requirements: may be warranted. proposed rulemaking (NPRM) on Commenters requested overall Some commenters suggested changing additional revisions to the pilot, flight the instrument and equipment clarification of the minimum altitude instructor, and pilot school certification requirements. Specifically, one requirements. One commenter suggested rules. commenter suggested that protective • that hot-air balloons not be restricted by Drug and alcohol use, testing, and breathing equipment (PBE) be checked a minimum altitude. offenses: The FAA is drafting an NPRM before each flightcrew change, not • on anti-drug and alcohol misuse Recent night flight experience: Most before each flight. The FAA agrees. It prevention programs for personnel commenters indicated that the wasn’t our intent to require a check of engaged in specified aviation activities. requirements for recent night flight PBE at the beginning of each flight. In • Flight and duty time rest experience are too stringent and need to addition, one commenter recommended requirements: The FAA is drafting a be reevaluated. that the FAA remove the regulations supplemental NPRM on flight • Single-engine certification course: requiring signal flares. The FAA issued crewmember duty period, flight-time, Commenters requested that the this regulation before there were radar, and rest requirements. commercial pilot, single-engine aircraft global positioning systems (GPSs), and • Single-engine certification course: certification course requirement allow continuous communications; therefore, The FAA has incorporated training to be conducted in multi-engine the requirement to carry signal flares is recommendations by commenters into aircraft because many commercial pilots outdated and could be removed from the rulemaking project on additional already have multi-engine aircraft the regulation without reducing safety. revisions to the pilot, flight instructor, ratings. Other issues the FAA will consider and pilot school certification rules. for future rulemaking include the The FAA is also addressing policies Note: All comments received on this topic following: and procedures regarding issues raised are form letters from various commenters. • Revising 14 CFR 23.1587(a)(1) by commenters. For example, one regarding airplane performance to commenter suggested that the FAA Although no commenters specifically reference both ‘‘clean’’ and landing review the redundancy in the Aircraft addressed the Regulatory Flexibility configurations and 14 CFR 23.1587(a)(2) Certification Systems Evaluation Act, the National Air Transportation to specify ‘‘multiengine.’’ Program (ACSEP) evaluations and Association commented that its small • Amending 14 CFR 91.109(a) to ongoing principal inspector business members are burdened by permit dual instruction in airplanes that assignments. The FAA is currently unnecessary or unclear regulations, lack dual flight controls. addressing this issue in the ‘‘AIR–200 specifically addressing the flight- and • Revising 14 CFR 121.711 regarding ACSEP Phase II’’ project scheduled for duty-time rest requirements. Other radio communications because it is implementation in fiscal year 2002. commenters implied that certain outdated. In addition, the Aviation Rulemaking regulations cause undue economic, • Codifying Exemption No. 3585 into Advisory Committee (ARAC) most staffing, or work burdens for them as the rules for dispatching. Exemption No. recently considered numerous issues well. No comments addressed the topic 3585 permits part 121 operators to addressed by the commenters, including of performance-based versus continue to dispatch airplanes under the following: prescriptive regulations, and only one instrument flight rules (IFR) when • Alternate inspection program/ commenter suggested a simplified, plain conditional language in a one-time annual aircraft inspections: the 14 CFR language rewrite of the flight- and duty- increment of the weather forecast states part 43 General Aviation Working time rest requirements. that the weather at the destination Group addressed these issues in the
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NPRM that the working group presented a financial and managerial burden on requirements can be justified to the Air Carrier and General Aviation the FAA and has no correlation to considering the FAA’s statutory Maintenance Issue Area. safety. The FAA notes that this requirements to regulate safety and air • Major/minor repairs or alterations: recommendation was originally commerce. Other commenters suggested the ARAC will consider comments proposed in the Pilot, Flight Instructor, that the FAA revise 14 CFR 91.109 to during its review of a task on major/ Ground Instructor, and Pilot School permit a biennial flight review (BFR) to minor repairs or alterations. Certification Rules NPRM (60 FR 41160, be given in an airplane without fully • Pressurized compartment loads: the Aug. 11, 1995), but was withdrawn from functional dual controls. The FAA ARAC will consider comments during the final rule. Another commenter believes that because a BFR is a training its review of a task on pressurized suggested that the FAA extend the session by a flight instructor, dual compartment loads. exception to the recent night flight controls for a BFR are justified in the • Pressurized and low pressure takeoff and landing experience pneumatic systems: these issues were requirements for pilots who hold more interest of safety. One commenter stated discussed at past working group than one type rating; the commenter that the definitions of ‘‘congested,’’ meetings, but were not included in the suggested extending it to pilots in ‘‘noncongested,’’ and ‘‘other than draft rule. The harmonization working command (PICs) who hold only one congested’’ areas in relation to group will address this issue at its next type rating. The FAA notes that it agricultural aircraft regulations are meeting. considered this change during the clear. However, the commenter stated One commenter stated that the development of the final rule on 14 CFR that the local FAA who takes current regulations indicate a major 61.57(e)(3); however, it rejected the enforcement action on an agricultural difference between 14 CFR part 25 and change because the purpose of the airplane operator for low flying JAR 25, jeopardizing the objective of regulation was not to alleviate the night interprets the regulation to correspond harmonization. The FAA is aware of takeoff and landing currency, but to to circumstances at the time instead of industry concerns regarding this alleviate a financial burden on pilots following the regulations. The regulation and plans to have the ARAC who operate multiple type-rated commenter questions whether the Transport Airplane and Engine Issue airplanes requiring a pilot crew of two regulations are being followed or if the Area and the Occupant Safety Issue or more. FAA is ‘‘satisfying urban sprawl.’’ The Area address harmonization efforts. In addition, the FAA received FAA notes that 14 CFR 137.49 provides Issues That We May Address in the comments on issues that became final relief to the agricultural aerial applicator rules after the comment period closed. Future from the minimum altitude For example, one commenter suggested requirements; therefore, a revision to the The FAA received comments on that the Federal Bureau of Investigation issues it may consider for future action, perform the background checks for regulation is not necessary. such as initiating new or revising employees requiring unescorted access Conclusion existing guidance material, policies, or to the Security Identification Display procedures. One commenter suggested Area (SIDA) because of the difficulty The FAA finds that reviewing public that very high frequency omnirange and economic burden that it places on comments on our regulations helps us station (VOR) equipment checks be the employee. Another commenter in assessing the effectiveness of our permitted against an installed IFR- suggested that if a fixed-base operator is regulatory agenda and adjusting the certified GPS receiver in addition to physically separated from the air carrier agenda, when necessary. As a result of checking against a second VOR receiver. areas of the airport, it should be this review, we have identified several The FAA notes that using a GPS as a excluded from the SIDA. The FAA issues that we will address in future cross-reference for the VOR could show considered these comments during the rulemaking projects. In addition, the a higher degree of accuracy than development of the final rule on airport review offers us a general understanding comparing one VOR to another. The security, 14 CFR part 107, issued July 2, of the public’s concerns regarding our FAA will examine this issue and 2001 (66 FR 37273). regulations. We intend to continue to determine its use as a possible new request public comments on a three-year procedure. Issues That We Won’t Address In some cases, the FAA found that the cycle to identify any necessary changes Issues That We Have Addressed current regulation is necessary and to our regulatory program. We plan to The FAA had already addressed some doesn’t need a revision, or the issue a document soliciting public recommendations made by commenters. recommendations didn’t address a comments for our next review in 2003. They were addressed as NPRMs or final safety concern. For example, some Issued in Washington, DC, on January 18, rules before the request for comments commenters suggested that the Mode C 2002. for the Review of Existing Rules was transponder requirement be expanded Nicholas A. Sabatini, published. Several commenters in the Los Angeles International Airport recommend changing the Age 60 Rule. area because of the intense air traffic. Associate Administrator for Regulation and The FAA notes that on December 11, The FAA doesn’t agree that further Certification. 1995, it issued a Disposition of rulemaking in this case would [FR Doc. 02–2277 Filed 1–30–02; 8:45 am] Comments and Notice of Agency measurably enhance the operation of the BILLING CODE 4910–13–P Decisions (Disposition) regarding the national airspace system. Some Age 60 Rule. The Disposition commenters suggested that the recent announced the FAA’s determination not night flight experience regulation causes to propose to change the Age 60 Rule at inconvenience and financial that time; the FAA maintains that expenditure, and the FAA should position. One commenter recommended reevaluate or eliminate the requirement. that the requirement for a valid medical The FAA doesn’t believe the certificate be dropped from the private recommendation to eliminate the PIC pilot certificate criteria because it places night takeoff and landing currency
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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: screw. The damaged circuit breaker Todd Dixon, Aerospace Engineer, FAA, switch failed to shutdown the electrical Federal Aviation Administration Wichita Aircraft Certification Office, current to the rotating beacon. Failure of 1801 Airport Road, Room 100, Mid- the circuit breaker switch caused the 14 CFR Part 39 Continent Airport, Wichita, Kansas wiring to burn through the insulation 67209; telephone: (316) 946–4152; and the other wires in the wire bundle [Docket No. 2001–CE–43–AD] facsimile: (316) 946–4407. that were routed with the wiring to the rotating beacon circuit breaker switch. RIN 2120–AA64 SUPPLEMENTARY INFORMATION: Comments Invited What Are the Consequences if the Airworthiness Directives; Raytheon Condition Is Not Corrected? Aircraft Company Models E55, E55A, How Do I Comment on This Proposed A56TC, 58, 58A, 58P, 58PA, 58TC, and AD? This condition, if not corrected, could 58TCA Airplanes The FAA invites comments on this result in failure of the rotating beacon proposed rule. You may submit circuit breaker switch or any other AGENCY: Federal Aviation whatever written data, views, or switch in the same location. Failure of Administration, DOT. arguments you choose. You need to the circuit breaker switch could result ACTION: Notice of proposed rulemaking include the rule’s docket number and in smoke and/or fire in the cockpit. (NPRM). submit your comments to the address Is There Service Information That ADDRESSES. SUMMARY: This document proposes to specified under the caption Applies to This Subject? We will consider all comments received adopt a new airworthiness directive Raytheon has issued Mandatory (AD) that would apply to certain on or before the closing date. We may amend this proposed rule in light of Service Bulletin SB 33–3452, Issued: Raytheon Aircraft Company (Raytheon) May, 2001. Models E55, E55A, A56TC, 58, 58A, comments received. Factual information 58P, 58PA, 58TC, and 58TCA airplanes. that supports your ideas and suggestions What Are the Provisions of This Service This proposed AD would require you to is extremely helpful in evaluating the Information? inspect the Instrument Subpanel effectiveness of this proposed AD action and determining whether we need to The service bulletin includes electroluminescent panel retaining procedures for: screw for proper length and the rotating take additional rulemaking action. beacon circuit breaker switch (or any Are There Any Specific Portions of This —Inspecting the Instrument Subpanel other switch in the same location) for Proposed AD I Should Pay Attention electroluminescent panel for the damage, and replace any screw or To? installation of a rotating beacon circuit breaker switch as necessary. This circuit breaker switch or any other The FAA specifically invites switch installed directly above the proposed AD is the result of a report comments on the overall regulatory, that an improper length electroluminescent panel retaining economic, environmental, and energy screw; electroluminescent panel retaining aspects of this proposed rule that might —Inspecting the installed switch for screw damaged the rotating beacon suggest a need to modify the rule. circuit breaker switch which resulted in You may view all comments we damage; damaged wiring. The actions specified receive before and after the closing date —Replacing any damaged switch; by this proposed AD are intended to of the rule in the Rules Docket. We will —Inspecting the electroluminescent prevent damage to the rotating beacon file a report in the Rules Docket that panel retaining screw to ensure circuit breaker switch or any other summarizes each contact we have with correct length; and switch in the same location because of the public that concerns the substantive —Replacing any incorrect length an incorrect length electroluminescent parts of this proposed AD. electroluminescent panel retaining panel retaining screw. This condition screw with a part number (P/N) could result in failure of the circuit How Can I Be Sure FAA Receives My MS35214–24 screw. breaker and lead to smoke and/or fire in Comment? the cockpit. If you want FAA to acknowledge the The FAA’s Determination and an DATES: The Federal Aviation receipt of your comments, you must Explanation of the Provisions of This Administration (FAA) must receive any include a self-addressed, stamped Proposed AD comments on this proposed rule on or postcard. On the postcard, write What Has FAA Decided? before April 5, 2002. ‘‘Comments to Docket No. 2001–CE–43– After examining the circumstances ADDRESSES: Submit comments to FAA, AD.’’ We will date stamp and mail the and reviewing all available information Central Region, Office of the Regional postcard back to you. related to the incidents described above, Counsel, Attention: Rules Docket No. Discussion we have determined that: 2001–CE–43–AD, 901 Locust, Room 506, Kansas City, Missouri 64106. You What Events Have Caused This —The unsafe condition referenced in may view any comments at this location Proposed AD? this document exists or could develop between 8 a.m. and 4 p.m., Monday Raytheon notified FAA of an incident on other Raytheon Models E55, E55A, through Friday, except Federal holidays. where the pilot had to return to the A56TC, 58, 58A, 58P, 58PA, 58TC, You may get service information that departing airport after declaring an and 58TCA airplanes of the same type applies to this proposed AD from emergency because of smoke in the design; Raytheon Aircraft Company, P.O. Box cockpit. After investigation, FAA —The actions specified in the 85, Wichita, Kansas 67201–0085; determined that the cause of smoke in previously-referenced service telephone: (800) 429–5372 or (316) 676– the cockpit was a result of damage to the information should be accomplished 3140. You may also view this rotating beacon circuit breaker switch on the affected airplanes; and information at the Rules Docket at the caused by an improper length —AD action should be taken in order to address above. electroluminescent panel retaining correct this unsafe condition.
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What Would This Proposed AD Require? information includes these models as affected airplanes enough time to have indicated on Type Certificate Data Sheet the proposed actions accomplished This proposed AD would require you 3A16, dated January 15, 2000. without compromising the safety of the to incorporate the actions in the Raytheon Mandatory Service Bulletin airplanes. previously-referenced service bulletin. No. SB 33–3452, Issued: May, 2001, Cost Impact What Are the Differences Between This specifies that you accomplish the Proposed AD and the Service inspection within 25 hours time-in- How Many Airplanes Would This Information? service (TIS) or 10 days after the Proposed AD Impact? effective date of the AD. We propose a Raytheon Mandatory Service Bulletin requirement that you inspect within 100 We estimate that this proposed AD No. SB 33–3452, Issued: May, 2001, is hours TIS after the effective date of this affects 1,636 airplanes in the U.S. applicable to Models E55, A56TC, 58, proposed AD. registry. 58P, and 58TC airplanes. We have We do not have justification to require What Would Be the Cost Impact of This expanded the applicability of this this action within 25 hours TIS. We use Proposed AD on Owners/Operators of proposed AD to include Models E55A, compliance times such as this when we the Affected Airplanes? 58A, 58PA, and 58TCA airplanes. The have identified an urgent safety of flight serial number ranges of the affected situation. We believe that 100 hours TIS We estimate the following costs to models indicated in the service will give the owners or operators of the accomplish the proposed inspection:
Total cost on Labor cost Parts cost Total cost per U.S. airplane operators
1 workhour × $60 = $60 ...... No parts required for the inspection ...... $60 $98,160
We estimate the following costs to accomplish any necessary replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of airplanes that may need such replacements:
Labor cost Parts cost Total cost per airplane
3 workhours × $60 = $180 ...... $1 for new electroluminescent panel retaining $180 + applicable replacement part(s) cost screw. $40 for new circuit breaker switch ......
Regulatory Impact Docket. A copy of it may be obtained by (a) What airplanes are affected by this AD? contacting the Rules Docket at the This AD affects the following airplane Would This Proposed AD Impact location provided under the caption models and serial numbers that are Various Entities? ADDRESSES. certificated in any category: The regulations proposed herein List of Subjects in 14 CFR Part 39 Model Serial numbers would not have a substantial direct effect on the States, on the relationship Air transportation, Aircraft, Aviation E55 and E55A TE–768 through TE–1201 between the national government and safety, Safety. A56TC ...... TG–84 through TG–94 the States, or on the distribution of 58 and 58A .... TH–1 through TH–1388 and power and responsibilities among the The Proposed Amendment TH–1390 through TH– various levels of government. Therefore, Accordingly, under the authority 1395 it is determined that this proposed rule delegated to me by the Administrator, 58P and 58PA TJ–3 through TJ–435 and TJ–437 through TJ–443 would not have federalism implications the Federal Aviation Administration under Executive Order 13132. 58TC and TK–1 through TK–146 and proposes to amend part 39 of the 58TCA. TK–148 through TK–150 Would This Proposed AD Involve a Federal Aviation Regulations (14 CFR Significant Rule or Regulatory Action? part 39) as follows: (b) Who must comply with this AD? Anyone who wishes to operate any of the For the reasons discussed above, I PART 39—AIRWORTHINESS airplanes identified in paragraph (a) of this certify that this proposed action (1) is DIRECTIVES AD must comply with this AD. not a ‘‘significant regulatory action’’ (c) What problem does this AD address? under Executive Order 12866; (2) is not 1. The authority citation for part 39 The actions specified by this AD are intended a ‘‘significant rule’’ under DOT continues to read as follows: to prevent damage to the rotating beacon Regulatory Policies and Procedures (44 Authority: 49 U.S.C. 106(g), 40113, 44701. circuit breaker switch or any other switch in FR 11034, February 26, 1979); and (3) if the same location because of an incorrect promulgated, will not have a significant § 39.13 [Amended] length electroluminescent panel retaining economic impact, positive or negative, 2. FAA amends § 39.13 by adding a screw. This condition could result in failure of the circuit breaker and lead to smoke and/ on a substantial number of small entities new airworthiness directive (AD) to or fire in the cockpit. under the criteria of the Regulatory read as follows: (d) What actions must I accomplish to Flexibility Act. A copy of the draft Raytheon Aircraft Company: Docket No. address this problem? To address this regulatory evaluation prepared for this 2001–CE–43–AD problem, you must accomplish the following: action has been placed in the Rules
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Actions Compliance Procedures
(1) Inspect the Instrument Subpanel electro- Within the next 100 hours time-in-service In accordance with the Accomplishment In- luminescent panel for the installation of a ro- (TIS) after the effective date of this AD. structions section of Raytheon Mandatory tating beacon circuit breaker switch or any Service Bulletin SB 33–3452, Issued: May, other switch directly above the lower electro- 2001. luminescent panel retaining screw. (i) If a blanking plug is installed above the lower electroluminescent panel retaining screw, ensure that the correct length screw is installed. The correct length is 0.28 to 0.31 inches. (ii) If the screw is not the correct length, in- stall part number (P/N) MS35214–24. (iii) If a rotating beacon circuit breaker switch or any other switch is installed, in- spect the switch for damage. (2) Replace any damaged switch found during Prior to further flight after the inspection re- In accordance with the Accomplishment In- the inspection required in paragraph (d)(1)(iii) quired by paragraph (d)(1)(iii) of this AD. structions section of Raytheon Mandatory of this AD and replace the electroluminescent Service Bulletin SB 33–3452, Issued: May, panel retaining screw if it is not 0.28 to 0.31 2001. inches in length with a P/N MS35214–24 screw. (3) Only install an electroluminescent panel re- As of the effective date of this AD ...... Not applicable. taining screw in the lower part of the Instru- ment Subpanel (underneath the circuit break- er switches) that:. (i) Has a length of at least 0.28 inches but not longer than 0.31 inches; or (ii) Is P/N MS35214–24 or FAA-approved equivalent part number.
(e) Can I comply with this AD in any other where you can accomplish the requirements Textron Canada (BHTC) Model 407 way? You may use an alternative method of of this AD. helicopters. That AD currently requires compliance or adjust the compliance time if: (h) How do I get copies of the documents preflight checking and repetitively (1) Your alternative method of compliance referenced in this AD? You may get copies of the documents referenced in this AD from inspecting the tailboom for a crack and provides an equivalent level of safety; and replacing the tailboom if a crack is (2) The Manager, Wichita Aircraft Raytheon Aircraft Company, P.O. Box 85, Certification Office (ACO), approves your Wichita, Kansas 67201–0085. You may view found. This action would require alternative. Submit your request through an these documents at FAA, Central Region, increasing the area of inspection for FAA Principal Maintenance Inspector, who Office of the Regional Counsel, 901 Locust, certain tailbooms and changing the may add comments and then send it to the Room 506, Kansas City, Missouri 64106. applicability to restrict the inspection Manager, Wichita ACO. Issued in Kansas City, Missouri, on January requirements to certain tailbooms that Note: This AD applies to each airplane 24, 2002. have not been redesigned. This proposal identified in paragraph (a) of this AD, Michael K. Dahl, is prompted by cracking discovered in regardless of whether it has been modified, Acting Manager, Small Airplane Directorate, other areas of certain tailbooms and altered, or repaired in the area subject to the Aircraft Certification Service. introduction of a redesigned tailboom requirements of this AD. For airplanes that [FR Doc. 02–2300 Filed 1–30–02; 8:45 am] with a chemically milled skin, which have been modified, altered, or repaired so BILLING CODE 4910–13–U does not require the current inspections. that the performance of the requirements of The actions specified by the proposed this AD is affected, the owner/operator must AD are intended to remove certain request approval for an alternative method of compliance in accordance with paragraph (e) DEPARTMENT OF TRANSPORTATION tailbooms from the applicability and to of this AD. The request should include an increase the inspection requirements for assessment of the effect of the modification, Federal Aviation Administration certain tailbooms to prevent separation alteration, or repair on the unsafe condition of the tailboom and subsequent loss of addressed by this AD; and, if you have not 14 CFR Part 39 control of the helicopter. eliminated the unsafe condition, specific [Docket No. 2001–SW–53–AD] DATES: Comments must be received on actions you propose to address it. or before April 1, 2002. (f) Where can I get information about any RIN 2120–AA64 already-approved alternative methods of ADDRESSES: Submit comments in compliance? Contact Todd Dixon, Aerospace Airworthiness Directives; Bell triplicate to the Federal Aviation Engineer, FAA, Wichita Aircraft Certification Helicopter Textron Canada Model 407 Administration (FAA), Office of the Office, 1801 Airport Road, Room 100, Mid- Helicopters Regional Counsel, Southwest Region, Continent Airport, Wichita, Kansas 67209; AGENCY: Attention: Rules Docket No. 2001–SW– telephone: (316) 946–4152; facsimile: (316) Federal Aviation Administration, DOT. 53–AD, 2601 Meacham Blvd., Room 946–4407. 663, Fort Worth, Texas 76137. You may (g) What if I need to fly the airplane to ACTION: Notice of proposed rulemaking another location to comply with this AD? The (NPRM). also send comments electronically to FAA can issue a special flight permit under the Rules Docket at the following sections 21.197 and 21.199 of the Federal SUMMARY: This document proposes address: [email protected]. Aviation Regulations (14 CFR 21.197 and superseding an existing airworthiness Comments may be inspected at the 21.199) to operate your airplane to a location directive (AD) for Bell Helicopter Office of the Regional Counsel between
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9 a.m. and 3 p.m., Monday through separation of the tailboom and rate is $60 per work hour. Based on Friday, except Federal holidays. subsequent loss of control of the these figures, the total cost impact of the FOR FURTHER INFORMATION CONTACT: helicopter. proposed AD on U.S. operators is Sharon Miles, Aviation Safety Engineer, Since the issuance of AD 2000–06–10, estimated to be $60,000 assuming no FAA, Rotorcraft Directorate, Regulations BHTC has issued Alert Service Bulletin tailboom will be replaced. Group, Fort Worth, Texas 76193–0111, ASB 407–99–26, Revision B, dated June The regulations proposed herein telephone (817) 222–5122, fax (817) 14, 2001 (ASB), to announce the release would not have a substantial direct 222–5961. of an improved design tailboom effect on the States, on the relationship SUPPLEMENTARY INFORMATION: assembly, P/N 407–030–801–201, that between the national Government and has been installed on BHTC Model 407 the States, or on the distribution of Comments Invited helicopters, serial number (S/N) 53476 power and responsibilities among the Interested persons are invited to and subsequent. The ASB states that various levels of government. Therefore, participate in the making of the these redesigned tailboom assemblies do it is determined that this proposal proposed rule by submitting such not need the recurring inspection. For would not have federalism implications written data, views, or arguments as affected tailbooms, the ASB specifies under Executive Order 13132. they may desire. Communications extending the visual inspection to the For the reasons discussed above, I should identify the Rules Docket area near certain fasteners on the left certify that this proposed regulation (1) number and be submitted in triplicate to side of the tailboom forward of the is not a ‘‘significant regulatory action’’ the address specified above. All horizontal stabilizer. Transport Canada, under Executive Order 12866; (2) is not communications received on or before the airworthiness authority for Canada, a ‘‘significant rule’’ under the DOT the closing date for comments will be classified this ASB as mandatory and Regulatory Policies and Procedures (44 considered before taking action on the issued AD CF–1999–17R1, dated July FR 11034, February 26, 1979); and (3) if proposed rule. The proposals contained 24, 2001, to ensure the continued promulgated, will not have a significant in this document may be changed in airworthiness of these helicopters in economic impact, positive or negative, light of the comments received. Canada. on a substantial number of small entities Comments are specifically invited on This helicopter model is under the criteria of the Regulatory the overall regulatory, economic, manufactured in Canada and is type Flexibility Act. A copy of the draft environmental, and energy aspects of certificated for operation in the United regulatory evaluation prepared for this the proposed rule. All comments States under the provisions of 14 CFR action is contained in the Rules Docket. submitted will be available, both before 21.29 and the applicable bilateral A copy of it may be obtained by and after the closing date for comments, agreement. Pursuant to this bilateral contacting the Rules Docket at the in the Rules Docket for examination by agreement, Transport Canada has kept location provided under the caption interested persons. A report the FAA informed of the situation ADDRESSES. summarizing each FAA-public contact described above. The FAA has concerned with the substance of this examined the findings of Transport List of Subjects in 14 CFR Part 39 proposal will be filed in the Rules Canada, reviewed all available Air transportation, Aircraft, Aviation Docket. information, and determined that AD safety, Safety. Commenters wishing the FAA to action is necessary for products of this The Proposed Amendment acknowledge receipt of their mailed type design that are certificated for comments submitted in response to this operation in the United States. Accordingly, pursuant to the proposal must submit a self-addressed, This unsafe condition is likely to exist authority delegated to me by the stamped postcard on which the or develop on other helicopters of the Administrator, the Federal Aviation following statement is made: same type design. Therefore, the Administration proposes to amend part ‘‘Comments to Docket No. 2001–SW– proposed AD would supersede AD 39 of the Federal Aviation Regulations 53–AD. The postcard will be date 2000–06–10 to contain the same (14 CFR part 39) as follows: stamped and returned to the requirements but would increase the commenter. areas of inspection for the tailbooms and PART 39—AIRWORTHINESS would reduce the applicability to DIRECTIVES Availability of NPRMs restrict the inspections to certain 1. The authority citation for part 39 tailbooms. Installing a redesigned Any person may obtain a copy of this continues to read as follows: NPRM by submitting a request to the tailboom, P/N 407–030–801–201, would FAA, Office of the Regional Counsel, constitute terminating action for the Authority: 49 U.S.C. 106(g), 40113, 44701. Southwest Region, Attention: Rules requirements of this AD. An owner/ § 39.13 [Amended] operator (pilot) holding at least a private Docket No. 2001–SW–53–AD, 2601 2. Section 39.13 is amended by pilot certificate may perform the visual Meacham Blvd., Room 663, Fort Worth, removing Amendment 39–11651 (65 FR check required by paragraph (a) of this Texas 76137. 16804, March 30, 2000), and by adding AD but must enter compliance with that a new airworthiness directive (AD), to Discussion paragraph into the helicopter records in read as follows: On March 21, 2000, the FAA issued accordance with 14 CFR 43.11 and AD 2000–06–10, Amendment 39–11651 91.417(a)(2)(v). A pilot can perform this Bell Helicopter Textron Canada: Docket No. (65 FR 16804, March 30, 2000), to check because it involves only a visual 2001–SW–53–AD. Supersedes AD 2000– require preflight checking and check for a crack in the tailboom and is 06–10, Amendment 39–11651, Docket No. 99–SW–75–AD. repetitively inspecting the tailboom for a part of a normal pilot preflight check. Applicability: Model 407 helicopters, serial a crack and replacing the tailboom if a The FAA estimates that 200 number (S/N) 53000 through 53475 with crack is found. That action was helicopters of U.S. registry would be tailboom, part number (P/N) 407–030–801– prompted by four reports of cracks on affected by this proposed AD, that it 101, –105, or –107, installed, certificated in the tailboom in the area of the would take approximately 5 hours for any category. horizontal stabilizer. The requirements initial and recurring inspections per Note 1: This AD applies to each helicopter of that AD are intended to prevent helicopter, and that the average labor identified in the preceding applicability
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provision, regardless of whether it has been this AD; and if the unsafe condition has not remove the tailboom before further flight. An otherwise modified, altered, or repaired in been eliminated, the request should include owner/operator (pilot) holding at least a the area subject to the requirements of this specific proposed actions to address it. private pilot certificate may perform the AD. For helicopters that have been modified, Compliance: Required as indicated, unless visual check required by this paragraph but altered, or repaired so that the performance accomplished previously. must enter compliance with this paragraph of the requirements of this AD is affected, the To prevent separation of the tailboom and into the helicopter records in accordance owner/operator must request approval for an subsequent loss of control of the helicopter, with 14 CFR 43.11 and 91.417(a)(2)(v). A alternative method of compliance in accomplish the following: pilot can perform this check because it accordance with paragraph (d) of this AD. (a) Before further flight and thereafter involves only a visual check for a crack in The request should include an assessment of before the first flight of each day, check the the tailboom and is a part of a normal pilot the effect of the modification, alteration, or tailboom for a crack in accordance with preflight check. repair on the unsafe condition addressed by Figure 1 of this AD. If a crack is found, BILLING CODE 4910–13–U
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BILLING CODE 4910–13–C
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(b) Within 25 hours time-in-service (TIS) West Virginia (W. Va. Code) as 313 Harper Park Drive, Suite 3, Beckley, and thereafter at intervals not to exceed 50 contained in Enrolled Senate Bill 689. West Virginia 25801, Telephone: (304) hours TIS, visually inspect any tailboom with The amendment is intended to revise 255–5265. 600 or more hours TIS for a crack using a 10x the State’s Surface Mine Blasting Rule or higher magnifying glass in accordance FOR FURTHER INFORMATION CONTACT: Mr. with the Accomplishment Instructions, Part and to amend the W. Va. Code Roger W. Calhoun, Director, Charleston II, of Bell Helicopter Textron Alert Service concerning preblast survey Field Office; Telephone: (304) 347– Bulletin ASB 407–99–26, Revision B, dated requirements, site specific blasting 7158. design requirements, and liability and June 14, 2001, except you are not required to SUPPLEMENTARY INFORMATION: contact Bell Helicopter Product Support civil penalties in the event of property Engineering. If a crack is found, remove the damage. I. Background on the West Virginia Program tailboom before further flight. This document gives the times and II. Description of the Proposed Amendment (c) Installing a tailboom, P/N 407–030– locations that the West Virginia program III. Public Comment Procedures IV. Procedural Determinations 801–201, is terminating action for the and proposed amendment to that requirements of this AD. program are available for your (d) An alternative method of compliance or I. Background on the West Virginia adjustment of the compliance time that inspection, the comment period during Program provides an acceptable level of safety may be which you may submit written used if approved by the Manager, Regulations comments on the amendment, and the Section 503(a) of the Act permits a Group, Rotorcraft Directorate, FAA. procedures that we will follow for the State to assume primacy for the Operators shall submit their requests through public hearing, if one is requested. regulation of surface coal mining and an FAA Principal Maintenance Inspector, DATES: We will accept written reclamation operations on non-Federal who may concur or comment and then send comments until 4:30 p.m. (local time), and non-Indian lands within its borders it to the Manager, Regulations Group. on March 4, 2002. If requested, we will by demonstrating that its program Note 2: Information concerning the hold a public hearing on the includes, among other things, ‘‘*** a existence of approved alternative methods of State law which provides for the compliance with this AD, if any, may be amendment on February 25, 2002. We will accept requests to speak at the regulation of surface coal mining and obtained from the Regulations Group. reclamation operations in accordance (e) Special flight permits may be issued in hearing until 4:30 p.m. (local time), on February 15, 2002. with the requirements of the Act * * *; accordance with 14 CFR 21.197 and 21.199 and rules and regulations consistent ADDRESSES: You may mail or hand- to operate the helicopter to a location where with regulations issued by the Secretary the requirements of this AD can be deliver written comments and requests pursuant to the Act.’’ See 30 U.S.C. accomplished. to speak at the hearing to Mr. Roger W. 1253(a)(1) and (7). On the basis of these Note 3: The subject of this AD is addressed Calhoun, Director, Charleston Field criteria, the Secretary of the Interior in Transport Canada AD CF–1999–17R1, Office at the address listed below. dated July 24, 2001. You may review copies of the West conditionally approved the West Virginia program, this amendment, a Virginia program on January 21, 1981. Issued in Fort Worth, Texas, on January 17, listing of any scheduled public hearings, You can find background information 2002. and all written comments received in on the West Virginia program, including David A. Downey, response to this document at the the Secretary’s findings, the disposition Manager, Rotorcraft Directorate, Aircraft addresses listed below during normal of comments, and conditions of Certification Service. business hours, Monday through Friday, approval of the West Virginia program [FR Doc. 02–2427 Filed 1–30–02; 8:45 am] excluding holidays. You may receive in the January 21, 1981, Federal BILLING CODE 4910–13–U one free copy of the amendment by Register (46 FR 5915). You can also find contacting OSM’s Charleston Field later actions concerning West Virginia’s Office. program and program amendments at 30 DEPARTMENT OF THE INTERIOR Mr. Roger W. Calhoun, Director, CFR 948.10, 948.12, 948.13, 948.15, and Charleston Field Office, Office of 948.16. Office of Surface Mining Reclamation Surface Mining Reclamation and II. Description of the Proposed and Enforcement Enforcement, 1027 Virginia Street, East, Amendment Charleston, West Virginia 25301, 30 CFR Part 948 Telephone: (304) 347–7158. By letter dated November 28, 2001 West Virginia Department of (Administrative Record Number WV– [WV–095–FOR] Environmental Protection, 10 McJunkin 1258), the WVDEP sent us a proposed amendment to its program under West Virginia Regulatory Program Road, Nitro, West Virginia 25143, Telephone: (304) 759–0510. The SMCRA (30 U.S.C. 1201 et seq.). The AGENCY: Office of Surface Mining proposed amendment will be posted at proposed amendment consists of Reclamation and Enforcement, Interior. the Division of Mining and changes to the W. Va. Code as contained ACTION: Proposed rule; public comment Reclamation’s Internet web page: http:/ in Enrolled Senate Bill 689 concerning period and opportunity for public /www.dep.state.wv.us/mr. blasting. The amendment also revises hearing. In addition, you may review copies of the provisions of the Surface Mine the proposed amendment during regular Blasting Rule at CSR 199–1. The full SUMMARY: We, the Office of Surface business hours at the following text of the program amendment is Mining Reclamation and Enforcement locations: available for you to read at the locations (OSM) are announcing receipt of an Office of Surface Mining Reclamation listed above under ADDRESSES. We are amendment to the West Virginia surface and Enforcement, Morgantown Area also making available for public review mining regulatory program (the West Office, 75 High Street, Room 229, P.O. and comment Engrossed Senate Bill 689 Virginia program) under the Surface Box 886, Morgantown, West Virginia because it clearly shows, via underline Mining Control and Reclamation Act of 26507, Telephone: (304) 291–4004. (By and strikethrough, all the statutory 1977 (SMCRA or the Act). West Virginia Appointment Only) language that has been added or deleted proposes revisions to the Code of State Office of Surface Mining Reclamation from the W. Va. Code as a result of Regulations (CSR) and to the Code of and Enforcement, Beckley Area Office, Senate Bill 689. Engrossed Senate Bill
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689 is substantively identical to 22–3–30a Blasting requirements; 199–1–3.10.d. concerning pre-blast Enrolled Senate Bill 689. Senate Bill 689 liability and civil penalties in the event survey review, confidentiality, is amends preblast survey requirements, of property damage amended. site specific blasting design 22–3–30a(a) concerning blasting being 199–1–3.11. is added to provide that requirements, and provisions conducted in accordance with the rules the director may prohibit blasting or concerning liability and civil penalties and laws established to regulate blasting prescribe alternative blasting limits, on in the event of property damage. The is amended. a case-by-case basis, for the protection statutory revisions in Senate Bill 689 are 22–3–30a(b) concerning penalties of property or the public. also intended to address the required where blasting was out of compliance is CSR 199–1–4 Certification of Blasters program amendments codified at 30 amended. CFR 948.16(kkkk), (llll), and (mmmm). 22–3–30a(c) concerning violation of 199–1–4.1.a., b., and c. concerning requirements, qualifications, and By letter dated October 30, 2000 rules that are merely administrative in application for certification are (Administrative Record Number WV– nature is amended. amended. 1187), the WVDEP submitted an 22–3–30a(e) concerning the penalties 199–1–4.2. concerning training is amendment that added to the State for production blasting conducted in amended. regulations new Title 199, Series 1, violation of 22–3–22a is amended. 199–1–4.3. concerning the entitled Surface Mine Blasting Rule. The 22–3–30a(f) concerning assessment of examination for certification of regulations consisted of new blasting penalties and liabilities by the director Examiner/Inspector and Certified provisions and blasting provisions that is amended. Blaster is amended. were relocated or derived from 22–3–30a(h) concerning the 199–1–4.5. concerning conditions or previously approved West Virginia applicability of section 22–3–30a is practices prohibiting certification of blasting provisions. We announced amended. blasters is amended. receipt of the amendment on December 2. CSR 199–1 Surface Mining Blasting 199–1–4.6. concerning re-certification 5, 2000 (65 FR 75889) (Administrative Rule requirements for certified blasters is Record Number WV–1190), but we have CSR 199–1–2 Definitions amended. not yet published our decision on the 199–1–4.7. concerning presentation of amendment. The blasting rule submitted 199–1–2.1. The definition of Active certificate; transfer; and delegation of on October 30, 2000, and not yet Blasting Experience is amended. authority is amended at subdivision 199–1–2.4. The definition of approved by us, is the blasting rule that 4.7.d. is being modified by the amendments to Arbitrator is amended. 199–1–2.8. The definition of Blast Site 199–1–4.8. concerning violations by a CSR 199–1 that we are announcing certified blaster is amended. today. When we render our final is amended. 199–1–2.21. The definition of 199–1–4.9. concerning penalties is decision on the amendment that we are amended. announcing today, we will combine that Contiguous or Nearly Contiguous is added. 199–1–4.10. concerning hearings and decision with our decision on the appeals is amended. blasting rule amendment that was 199–1–2.26. The definition of Fly submitted to us on October 30, 2000. Rock is amended. CSR 199–1–5 Blasting Damage Claim 199–1–2.24. The definition of Loss The amendment that we are Reserve is deleted. 199–1–5.2. concerning filing a claim announcing today is identified below. 199–1–2.37. The definition of Worked is amended. on a Drilling Crew is deleted. 199–1–5.3. concerning the 1. W. Va. Code 22–3 Surface Coal responsibilities of the claims Mining and Reclamation Act 199–1–2.39. The definition of Worked on a Blasting Crew is deleted. administrator is amended. 22–3–13a Preblast survey requirements 199–1–5.4. concerning the CSR 199–1–3 Blasting responsibilities of the claims adjuster is 22–3–13a(a)(3) is new, and concerns 199–1–3.2. concerning blasting plans amended. preblast survey notification for surface is amended at subdivisions 3.2.a., c., disturbance of underground mines. CSR 199–1–6 Arbitration for Blasting and d. Damage Claims 22–3–13a(b) concerning operator 199–1–3.3. concerning public notice notification of owners and occupants of of blasting operations is amended. 199–1–6.1. concerning listing of dwellings or structures is amended. 199–1–3.4. concerning surface arbitrators is amended. blasting activities incident to 199–1–6.2. concerning selection of 22–3–13a(f)(14) concerning contents underground coal mining is amended. arbitrator is amended. of a preblast survey is amended. 199–1–3.5.c.1. concerning blast 199–1–6.4. concerning demand for 22–3–13a(g) concerning the submittal record, blasting log is amended. arbitration and timeframes for of preblast surveys to the office of 199–1–3.6. concerning blasting arbitration is amended. explosives and blasting is amended. procedures is amended. 199–1–6.7. concerning presentations 22–3–13a(j) concerning applicability 199–1–3.7. concerning blasting to the arbitrator is amended. of the section 22–3–13a is amended. control for other structures is amended. 199–1–6.8. concerning arbitration 199–1–3.8. concerning certified award, fees, costs and expenses is 22–3–22a Blasting restrictions; site blasting personnel is deleted, and in its amended. specific blasting design requirement place new 199–1–3.8 concerning pre- blast surveys is added. CSR 199–1–7 Explosive Material Fee 22–3–22a(e) concerning blasting 199–1–3.9. The title of this subsection 199–1–7.2. concerning remittance fee within 1000 feet of a protected structure is changed from Pre-blast Survey, to Pre- is amended. is amended. blast Surveyors. Amendments are also 199–1–7.3. concerning dedication of 22–3–22a(f) concerning waiver of the made to this subsection concerning the the fee is amended. blasting prohibition within 300 feet of a qualifications and compliance 199–1–7.7. concerning protected structure is amended. requirements of pre-blast surveyors. noncompliance is amended.
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CSR 199–1–8 Inspections and time of the hearing with those submitted by the States must be based 199–1–8. This section is new and persons requesting the hearing. If no one solely on a determination of whether the concerns inspections of any requests an opportunity to speak, we submittal is consistent with SMCRA and prospecting, active surface mining will not hold a hearing. its implementing Federal regulations operation, or inactive surface mining To assist the transcriber and ensure an and whether the other requirements of operation. accurate record, we request, if possible, 30 CFR Parts 730, 731, and 732 have that each person who speaks at a public been met. CSR 199–1–9 Surface Mine Board hearing provide us with a written copy Executive Order 13132—Federalism 199–1–9. This section is new and of his or her comments. The public hearing will continue on the specified concerns open meetings, appeals, and This rule does not have Federalism date until everyone scheduled to speak ex parte communications. implications. SMCRA delineates the has been given an opportunity to be roles of the Federal and State III. Public Comment Procedures heard. If you are in the audience and governments with regard to the have not been scheduled to speak and Under the provisions of 30 CFR regulation of surface coal mining and wish to do so, you will be allowed to 732.17(h), we are seeking your reclamation operations. One of the comments on whether the amendment speak after those who have been purposes of SMCRA is to ‘‘establish a satisfies the applicable program scheduled. We will end the hearing after nationwide program to protect society approval criteria of 30 CFR 732.15. If we everyone scheduled to speak and others and the environment from the adverse approve the amendment, it will become present in the audience who wish to effects of surface coal mining part of the State program. speak, have been heard. operations.’’ Section 503(a)(1) of Written Comments Public Meeting SMCRA requires that State laws Send your written comments to OSM If only one person requests an regulating surface coal mining and at the address given above. Your written opportunity to speak, we may hold a reclamation operations be ‘‘in comments should be specific, pertain public meeting rather than a public accordance with’’ the requirements of only to the issues proposed in this hearing. If you wish to meet with us to SMCRA. Section 503(a)(7) requires that rulemaking, and include explanations in discuss the amendment, please request State programs contain rules and support of your recommendation(s). We a meeting by contacting the person regulations ‘‘consistent with’’ will not consider or respond to your listed under FOR FURTHER INFORMATION regulations issued by the Secretary comments when developing the final CONTACT. All such meetings are open to pursuant to SMCRA. rule if they are received after the close the public and, if possible, we will post Executive Order 13211—Regulations of the comment period (see DATES). We notices of the meetings at the locations That Significantly Affect the Supply, ADDRESSES. will make every attempt to log all listed under We will make Distribution, or Use of Energy comments into the administrative a written summary of each meeting a record, but comments delivered to an part of the Administrative Record. On May 18, 2001, the President issued address other than the Charleston Field IV. Procedural Determinations Executive Order 13211 which requires Office may not be logged in. agencies to prepare a Statement of Executive Order 12630—Takings Energy Effects for a rule that is (1) Availability of Comments This rule does not have takings considered significant under Executive We will make comments, including implications. This determination is Order 12866, and (2) likely to have a names and addresses of respondents, based on the analysis performed for the significant adverse affect on the supply, available for public review during our counterpart Federal regulations. distribution, or use of energy. Because normal business hours. We will not this rule is exempt from review under consider anonymous comments. If Executive Order 12866—Regulatory Executive Order 12866 and is not Planning and Review individual respondents request expected to have a significant adverse confidentiality, we will honor their This rule is exempt from review by effect on the supply, distribution, or use request to the extent allowable by law. the Office of Management and Budget of energy, a Statement of Energy Effects Individual respondents who wish to (OMB) under Executive Order 12866. is not required. withhold their names or address from Executive Order 12988—Civil Justice public review, except for the city or National Environmental Policy Act Reform town, must state this prominently at the Section 702(d) of SMCRA (30 U.S.C. beginning of their comments. We will The Department of the Interior has 1292(d)) provides that a decision on a make all submissions from conducted the reviews required by proposed State regulatory program organizations or businesses, and from section 3 of Executive Order 12988 and provision does not constitute a major individuals identifying themselves as has determined that, to the extent Federal action within the meaning of representatives or officials of allowable by law, this rule meets the section 102(2)(C) of the National organizations or businesses, available applicable standards of subsections (a) Environmental Policy Act (NEPA) (42 for public inspection in their entirety. and (b) of that section. However, these standards are not applicable to the U.S.C. 4332(2)(C)). A determination has Public Hearing actual language of State regulatory been made that such decisions are If you wish to speak at the public programs and program amendments categorically excluded from the NEPA hearing, contact the person listed under because each such program is drafted process (516 DM 8.4.A). FOR FURTHER INFORMATION CONTACT by and promulgated by a specific State, not Paperwork Reduction Act 4:30 p.m. (local time), on February 15, by OSM. Under sections 503 and 505 of 2002. If you are disabled and need SMCRA (30 U.S.C. 1253 and 1255) and This rule does not contain special accommodations to attend a the Federal regulations at 30 CFR information collection requirements that public hearing, contact the person listed 730.11, 732.15, and 732.17(h)(10), require approval by the OMB under the under FOR FURTHER INFORMATION decisions on proposed State regulatory Paperwork Reduction Act (44 U.S.C. CONTACT. We will arrange the location programs and program amendments 3507 et seq.).
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Regulatory Flexibility Act DEPARTMENT OF TRANSPORTATION this document to which each comment applies, and give the reason for each The Department of the Interior has Coast Guard comment. Please submit all comments determined that this rule will not have and related material in an unbound a significant economic impact on a 33 CFR Part 165 format, no larger than 81⁄2 by 11 inches, substantial number of small entities [COTP Western Alaska 02–003] suitable for copying. If you would like under the Regulatory Flexibility Act (5 to know they reached us, please enclose U.S.C. 601 et seq.). The State submittal RIN 2115–AA97 a stamped, self-addressed postcard or which is the subject of this rule is based envelope. We will consider all Safety Zone; Ouzinkie Harbor, upon counterpart Federal regulations for comments and material received during Ouzinkie, AK which an economic analysis was the comment period. We may change prepared and certification made that AGENCY: Coast Guard, DOT. this proposed rule in view of them. such regulations would not have a ACTION: Notice of proposed rulemaking. significant economic effect upon a Public Meeting substantial number of small entities. SUMMARY: The Coast Guard proposes to We do not now plan to hold a public Accordingly, this rule will ensure that establish two temporary safety zones in meeting. But you may submit a request existing requirements previously Ouzinkie Harbor, Ouzinkie, Alaska. One for a meeting by writing to Coast Guard promulgated by OSM will be safety zone would surround the barge Marine Safety Office Anchorage at the implemented by the State. In making the SWINIMOSH which will be conducting address under ADDRESSES explaining determination as to whether this rule dredging and blasting operations in the why one would be beneficial. If we would have a significant economic navigable waters of Ouzinkie Harbor. determine that one would aid this impact, the Department relied upon the The second safety zone would close all rulemaking, we will hold one at a time data and assumptions for the of Ouzinkie Harbor when the barge and place announced by a later notice counterpart Federal regulation. SWINIMOSH conducts blasting in the Federal Register. operations. These safety zones are Small Business Regulatory Enforcement necessary to protect vessels transiting Background and Purpose Fairness Act the area from the potential hazards The U.S. Army Corps of Engineers, This rule is not a major rule under 5 associated with the dredging and through its contractor Western Marine U.S.C. 804(2), the Small Business blasting operations conducted by the Construction, Inc., will be conducting Regulatory Enforcement Fairness Act. barge SWINIMOSH. dredging and blasting operations on This rule: (a) Does not have an annual DATES: Comments must be received on portions of Ouzinkie Harbor (Army effect on the economy of $100 million; or before February 21, 2002. While our Corps of Engineers project number (b) Will not cause a major increase in proposed rule may change based on DACW85–01–C–0010). This dredging costs or prices for consumers, comments received, we plan to make project will help maintain safe individual industries, geographic our final rule effective starting March 1, navigation within Ouzinkie Harbor. A regions or Federal, State, or local 2002. 500-yard safety zone around the barge government agencies; and (c) Does not ADDRESSES: You may mail comments SWINIMOSH and a safety zone closing have significant adverse effects on and related material to Coast Guard the harbor during blasting operations is competition, employment, investment, Marine Safety Office, 510 L Street, Suite necessary to ensure the safety of the productivity, innovation, or the ability 100, Anchorage, AK 99501. Coast Guard maritime community from the potential of U.S.-based enterprises to compete Marine Safety Office Anchorage hazards associated with dredging and with foreign-based enterprises. maintains the public docket for this blasting operations. rulemaking. Comments and material Because we received the request late, This determination is based upon the received from the public, as well as we find that good cause exists, under 5 fact that the State submittal which is the documents indicated in this preamble as U.S.C. 553(d)(3), for making this rule subject of this rule is based upon being available in the docket, will effective less than 30 days after counterpart Federal regulations for become part of this docket and will be publication in the Federal Register. We which an analysis was prepared and a available for inspection or copying at have limited the comment period to 21 determination made that the Federal Coast Guard Marine Safety Office days so that the final rule can go into regulation was not considered a major Anchorage between 7:30 a.m. and 4 effect on March 1, 2002 in order to meet rule. p.m., Monday through Friday, except our obligation to protect the maritime Unfunded Mandates Federal holidays. community. FOR FURTHER INFORMATION CONTACT: Discussion of Proposed Rule This rule will not impose a cost of Lieutenant Matt Jones, USCG Marine $100 million or more in any given year Safety Detachment Kodiak, at (907) 486– The proposed safety zones would on any governmental entity or the 5918 or Lieutenant Commander Chris include the navigable waters of private sector. Woodley, USCG Marine Safety Office Ouzinkie Harbor within a 500-yard List of Subjects in 30 CFR Part 948 Anchorage, at (907) 271–6700. radius of the barge SWINIMOSH in SUPPLEMENTARY INFORMATION: Ouzinkie, AK, Lat. 57°55′10″ N, Long. Intergovernmental relations, Surface 152°29′45″ W, and all waters of mining, Underground mining. Request for Comments Ouzinkie Harbor, shoreline of a line We encourage you to participate in drawn from 57°54′58″ N, 152°29′35″ W Dated: January 9, 2002. this rulemaking by submitting to 57°55′04″ N, 152°30′00″ W and Allen D. Klein, comments and related material. If you ending at 57°55′12″ N, 152°30′10″ W Regional Director, Appalachian Regional do so, please include your name and when blasting operations occur. The Coordinating Center. address, identify the docket number for blasting operations could occur any [FR Doc. 02–2415 Filed 1–30–02; 8:45 am] this rulemaking (COTP Western Alaska time during daylight hours starting BILLING CODE 4310–05–P 02–003), indicate the specific section of March 1, 2002 through April 15, 2002.
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These proposed safety zones are Harbor during the time this zone is Executive Order 12630, Governmental necessary to protect the maritime activated. Actions and Interference with community from the hazards of the These safety zones would not have a Constitutionally Protected Property dredging and blasting operations. The significant economic impact on a Rights. Coast Guard will announce via substantial number of small entities for Civil Justice Reform broadcast notice to mariners when the the following reasons. The safety zone blasting operations will occur. Vessels area around the barge SWINIMOSH will This proposed rule meets applicable must contact the tug WALDO not restrict vessels from transiting standards in sections 3(a) and 3(b)(2) of immediately upon entering and before Ouzinkie Harbor and vessels could pass Executive Order 12988, Civil Justice transiting Ouzinkie Harbor. safely around it. Also, the safety zone Reform, to minimize litigation, closing Ouzinkie Harbor during blasting eliminate ambiguity, and reduce Regulatory Evaluation operations will be well announced so as burden. This proposed rule is not a to allow vessels ample time to plan Protection of Children ‘‘significant regulatory action’’ under ahead and the actual blasting operations section 3(f) of Executive Order 12886, will be short in duration. Limited vessel We have analyzed this proposed rule Regulatory Planning and Review, and traffic occurs in this area during these under Executive Order 13045, does not require an assessment of months. Before and during the effective Protection of Children from potential costs and benefits under period, we would issue a broadcast Environmental Health Risks and Safety section 6(a)(3) of that Order. The Office notice to mariners to warn maritime Risks. This rule is not an economically of Management and Budget has not vessel traffic of the safety zones and significant rule and does not create an reviewed it under that Order. It is not operations occurring within the safety environmental risk to health or risk to ‘‘significant’’ under the regulatory zone. safety that may disproportionately affect policies and procedures of the If you think that your business, children. Department of Transportation (DOT) (44 organization, or governmental FR 11040, February 26, 1979). jurisdiction qualifies as a small entity Consultation and Coordination With Indian Tribal Governments We expect the economic impact of and that this rule would have a this rule to be so minimal that a full significant economic impact on it, This proposed rule does not have Regulatory Evaluation under paragraph please submit a comment (see tribal implications under Executive 10(e) of the regulatory policies and ADDRESSES) explaining why you think it Order 13175, Consultation and procedures of DOT is unnecessary. This qualifies and how and to what degree Coordination with Indian Tribal finding is based on the fact that the this rule would economically affect it. Governments, because it does not have safety zone around the barge Collection of Information a substantial direct effect on one or SWINIMOSH will not restrict vessels more Indian tribes, on the relationship from transiting through the harbor. Also, This proposed rule calls for no new between the Federal Government and the safety zone closing Ouzinkie Harbor collection of information under the Indian tribes, or on the distribution of during blasting operations will be well Paperwork Reduction Act of 1995 (44 power and responsibilities between the announced so as to allow vessels ample U.S.C. 3501–3520). Federal Government and Indian tribes. time to plan ahead and the actual Federalism To help the Coast Guard establish blasting operations will be short in A rule has implications for federalism regular and meaningful consultation duration. The areas will not affect under Executive Order 13132, and collaboration with Indian and maritime vessel traffic transiting the Federalism, if it has a substantial direct Alaskan Native tribes, we published a shipping channel at Ouzinkie Narrows. effect on State or local governments and notice in the Federal Register (66 FR Vessel traffic at this time of the year is would either preempt State law or 36361, July 11, 2001) requesting minimal. impose a substantial direct cost of comments on how to best carry out the Small Entities compliance on them. We have analyzed Order. We invite your comments on this proposed rule under that Order and how this proposed rule might impact Under the Regulatory Flexibility Act have determined that it does not have tribal governments, even if that impact (5 U.S.C. 601–612), we have considered implications for federalism. may not constitute a ‘‘tribal whether this proposed rule would have implication’’ under the Order. a significant economic impact on a Unfunded Mandates Reform Act Energy Effects substantial number of small entities. The Unfunded Mandates Reform Act The term ‘‘small entities’’ comprises of 1995 (2 U.S.C. 1531–1538) requires We have analyzed this proposed rule small businesses, not-for-profit Federal agencies to assess the effects of under Executive Order 13211, Actions organizations that are independently their discretionary regulatory actions. In Concerning Regulations That owned and operated and are not particular, the Act addresses actions Significantly Affect Energy Supply, dominant in their fields, and that may result in the expenditure by a Distribution, or Use. We have governmental jurisdictions with State, local, or tribal government, in the determined that it is not a ‘‘significant populations of less than 50,000. aggregate, or by the private sector of energy action’’ under that order because The Coast Guard certifies under 5 $100,000,000 or more in any one year. it is not a ‘‘significant regulatory action’’ U.S.C. 605(b) that this proposed rule Though this proposed rule will not under Executive Order 12866 and is not will not have a significant economic result in such an expenditure, we do likely to have a significant adverse effect impact on a substantial number of small discuss the effects of this rule elsewhere on the supply, distribution, or use of entities. in this preamble. energy. It has not been designated by the This proposed rule will affect the Administrator of the Office of following entities, some of which may Taking of Private Property Information and Regulatory Affairs as a be small entities: The owners or This proposed rule will not effect a significant energy action. Therefore, it operators of vessels intending to transit taking of private property or otherwise does not require a Statement of Energy or anchor in the vicinity of Ouzinkie have taking implications under Effects under Executive Order 13211.
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Environment transiting in either safety zone is interpretation and application of the We have considered the permitted unless authorized by the copyright law to certain kinds of digital environmental impact of this rule and Captain of the Port. transmissions of musical works. 66 FR concluded that under figure 2–1, Dated: January 16, 2002. 14099 (March 9, 2001). Subsequently, paragraph 34(g), of Commandant H.M. Hamilton, the Recording Industry of America, Inc. Instruction M16475.1D, this proposed Commander, U.S. Coast Guard, Alternate (‘‘RIAA’’), the National Music rule is categorically excluded from Captain of the Port, Western Alaska. Publishers Association (‘‘NMPA’’) and further environmental documentation. [FR Doc. 02–2276 Filed 1–30–02; 8:45 am] The Harry Fox Agency (‘‘HFA’’) This rule fits paragraph 34(g) as it BILLING CODE 4910–15–P negotiated a private agreement which establishes a safety zone. A ‘‘Categorical addressed the application of the Exclusion Determination’’ is available in mechanical compulsory license, as set the docket for inspection or copying LIBRARY OF CONGRESS forth in the Copyright Act, 17 U.S.C. where indicated under ADDRESSES. 115, to two specific types of services List of Subjects in 33 CFR Part 165 Copyright Office discussed in the initial Notice of Inquiry and filed the agreement with the Harbors, Marine safety, Navigation 37 CFR Part 255 Copyright Office as part of this (water), Reporting and recordkeeping proceeding. requirements, Security measures, [Docket No. RM 2000–7B] Waterways. On December 14, 2001, the Copyright For the reasons discussed in the Mechanical and Digital Phonorecord Office published a request for additional preamble, the Coast Guard proposes to Delivery Compulsory License comments on its March 9 Notice of Inquiry in light of the RIAA/NMPA/ amend 33 CFR part 165 as follows: AGENCY: Copyright Office, Library of Congress. HFA agreement (67 FR 64783). On PART 165—REGULATED NAVIGATION January 28, 2002, the date comments ACTION: AREAS AND LIMITED ACCESS AREAS Extension of comment period. were due, RIAA and NMPA filed a joint 1. The authority citation for part 165 SUMMARY: The Copyright Office of the request for more time to fill the continues to read as follows: Library of Congress is extending the requested comments. These parties stated that at the last moment they Authority: 33 U.S.C. 1231; 50 U.S.C. 191, time period for filing additional 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 comments on its Notice of Inquiry identified questions that had not been CFR 1.46. concerning the interpretation and fully appreciated or addressed in their application of the copyright laws to respective comments. They expressed 2. Add § 165.T17–002 to read as certain kinds of digital transmissions of concern that failure to address these follows: prerecorded musical works in light of an issues could be misinterpreted and § 165.T17–002 Safety Zone; Ouzinkie agreement between the Recording asked for a two week extension to draft Harbor Dredging and Blasting Operations, Industry Association of America, Inc., more comprehensive comments. Ouzinkie, Alaska. the National Music Publishers Moreover, as the parties to the (a) Location. The following areas are Association, and The Harry Fox Agency. Agreement that is the subject of the temporary safety zones: (1) SWINIMOSH The due date for reply comments request for additional comments, these Barge safety zone: All navigable waters remains unchanged. parties argue that ‘‘it would benefit the in Ouzinkie Harbor within a 500-yard DATES: Comments are due no later than record, any other commenting parties, radius of the barge SWINIMOSH while February 6, 2002. Reply comments are and the public—and narrow the range of it is engaged in dredging and blasting due February 27, 2002. issues to be presented to the Copyright operations. ADDRESSES: If sent by mail, an original Office—if [they] were afforded an (2) Ouzinkie Harbor safety zone: All and ten copies of the reply comments opportunity to address these questions.’’ waters in Ouzinkie Harbor, excluding should be addressed to: Copyright the SWINIMOSH Barge safety zone, Although it is not uncommon for the Arbitration Royalty Panel (CARP), P.O. shoreward from a line drawn from Office to grant extensions when a party Box 70977, Southwest Station, 57°54′58″ N, 152°29′35″ W to 57°55′04″ has made a showing of need, it is Washington, D.C. 20024. If hand N, 152°30′00″ W and ending at reluctant to do so when the request is delivered, the reply comments, they 57°55′12″ N, 152°30′10″ W. made on the day of the filing deadline, should be brought to: Office of the (b) Effective period. This section is General Counsel, James Madison since it is very disruptive and unfair to effective from 12:01 a.m. March 1, 2002, Building, Room LM–403, First and those who have met the deadline. until 9 p.m. April 15, 2002. During this Independence Ave., SE, Washington, However, because NMPA and RIAA are effective period, blasting operations will D.C. 20559–6000. the parties to the agreement that is the occur in daylight hours only. subject of the request for additional FOR FURTHER INFORMATION CONTACT: (c) Regulations. comments, the Office believes it is (1) The general regulations contained David O. Carson, General Counsel, or important to obtain their comments in in § 165.23 apply. The attending tug Tanya M. Sandros, Attorney Advisor, WALDO will be standing by on Copyright GC/I&R, P.O. Box 70400, the first round. Therefore, the date for channels 16 and 13 to provide traffic Southwest Station, Washington, D.C. filing the requested comments has been advisories. All vessels must have 20024. Telephone: (202) 707–8380. extended. Comments are now due no permission of the Captain of the Port to Telefax: (202) 707–8366. later than Wednesday, February 6, 2002. enter the safety zones defined in this SUPPLEMENTARY INFORMATION: There shall be no further extension of section. Vessels in the Ouzinkie Harbor this deadline. The date for filing reply safety zone must contact the tug Background comments remains unchanged. Reply WALDO before transiting Ouzinkie On March 9, 2001, the Copyright comments shall be due on Wednesday, Harbor to determine if blasting is Office published a Notice of Inquiry in February 27, 2002. scheduled. If it is scheduled, no which it requested comments on the
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Dated: January 29, 2002. rule will take effect on the date stated Equipment Association, 1300 19th David O. Carson, in that document, and no further action Street, NW, Fifth Floor, Washington, DC General Counsel. will be taken. EPA does not plan to 20036. institute a second comment period on [FR Doc. 02–2503 Filed 1–30–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 1410–31–P this action. Any parties interested in commenting on this action should do so For non-legal issues, you may call at this time. Charles Hott, Office of Crashworthiness Standards, at 202–366–4920. ENVIRONMENTAL PROTECTION DATES: Written comments must be AGENCY received on or before March 4, 2002. For legal issues, you may call Rebecca ADDRESSES: Written comments may be MacPherson, Office of the Chief 40 CFR Part 52 mailed to J. Elmer Bortzer, Chief, Counsel, at 202–366–2992. Regulation Development Section, Air [OH 103–1b; FRL–7114–2] You may send mail to both of these Programs Branch (AR–18J), officials at the National Highway Traffic Approval and Promulgation of Environmental Protection Agency, 77 Safety Administration, 400 Seventh Implementation Plans; Ohio West Jackson Boulevard, Chicago, Street, SW, Washington, DC, 20590. Illinois 60604. Copies of the materials AGENCY: Environmental Protection submitted by the Ohio Environmental SUPPLEMENTARY INFORMATION: Agency (EPA). Protection Agency may be examined Background ACTION: Proposed rule. during normal business hours at the following location: Environmental On May 20, 1999, the National SUMMARY: EPA is proposing to approve Protection Agency, Region 5, Air and Highway Traffic Safety Administration portions of Ohio’s March 20, 2000, Radiation Division, 77 West Jackson (NHTSA) published a notice of intent to submittal of sulfur dioxide regulations Boulevard, Chicago, Illinois, 60604. establish an advisory committee for various counties. In this action, EPA FOR FURTHER INFORMATION CONTACT: (Committee) for a negotiated rulemaking is proposing to approve the revised Phuong Nguyen at (312) 886–6701. to develop recommendations for emission limits of the Ohio SUPPLEMENTARY INFORMATION: For regulations governing the certification of Administrative Code (OAC) for sources additional information see the direct vehicles built in two or more stages. The in Butler County (OAC 3745–18–15). final rule published in the rules section notice requested comment on EPA is also proposing to approve the of this Federal Register. membership, the interests affected by revised emission limits for the Picway the rulemaking, the issues that the Generating Station in Pickaway County Dated: November 29, 2001. Christine Todd Whitman, Committee should address, and the (OAC 3745–18–71), and for the procedures that it should follow. The Administrator. Painesville Municipal Plant boiler reader is referred to that notice (64 FR [FR Doc. 02–2380 Filed 1–30–02; 8:45 am] number 5 in Lake County (OAC 3745– 27499) for further information on these 18–49). In addition, EPA is proposing to BILLING CODE 6560–50–P issues. approve selected parts of the State’s rule for compliance schedules (OAC 3745– On December 14–15, 1999, interested 18–03) and test methods (OAC 3745– DEPARTMENT OF TRANSPORTATION parties attended a public meeting in 18–04), most of which apply to the new Washington, DC. Since that time, the Advisory Committee has continued to sulfur dioxide (SO2) emission limits in National Highway Traffic Safety Butler and Pickaway counties. In Administration meet, most recently in the Fall of 2000. conjunction with these actions, EPA is While most of the issues before the proposing to rescind the federally 49 CFR Parts 567 and 568 Committee have been tentatively resolved, the issue of manufacturer promulgated emission limitations for [Docket No. NHTSA–99–5673] SO2 for Butler, Lorain, Coshocton, exemptions remained. NHTSA agreed to Gallia, and Lake Counties, since these RIN 2127–AE27 not reconvene the Committee until it believed it had developed a solution limits have been superseded by the Vehicles Built in Two or More Stages approved state limits. In the final rules that would be acceptable to all members section of this Federal Register, the EPA AGENCY: National Highway Traffic of the Committee. This meeting of the is approving the State’s request as a Safety Administration (NHTSA), DOT. Committee is being held to finally direct final rule without prior proposal ACTION: Notice of meeting. resolve that issue so that NHTSA can because EPA views this action as non- draft a Notice of Proposed Rulemaking. controversial and anticipates no adverse SUMMARY: This document announces the The meeting will be open to the public comments. A detailed rationale for date of the final public meeting of the so that individuals who are not part of approving the State’s request is set forth Negotiated Rulemaking Committee on the Committee may attend and observe. in the direct final rule. The direct final the development of recommended Any person attending the Committee rule will become effective without amendments to the existing NHTSA meetings may address the Committee, if further notice unless EPA receives regulations (49 CFR part 567, 568) time permits, or file statements with the relevant adverse written comment. governing the certification of vehicles Committee. Should EPA receive such comment, it built in two or more stages to the Authority: 5 U.S.C. sections 561 et seq.; will publish a timely withdrawal of the Federal motor vehicle safety standards delegation of authority at 49 CFR 1.50. direct final rule informing the public (49 CFR part 571). The Committee was Issued on: January 25, 2002. that the direct final rule will not take established under the Federal Advisory effect, and such public comment Committee Act. Stephen R. Kratzke, received will be addressed in a DATES: The meeting is scheduled on Acting Associate Administrator for Safety subsequent final rule based on the February 21–22, 2002. Performance Standards. proposed rule. If no adverse written ADDRESSES: The meeting will take place [FR Doc. 02–2275 1–30–02; 8:45 am] comments are received, the direct final at the offices of the National Truck BILLING CODE 4910–59–P
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DEPARTMENT OF COMMERCE In the snapper grouper complex, 12 finalize and approve draft Amendment species are currently overfished, six 13 to the FMP and the DSEIS for public National Oceanic and Atmospheric species are not approaching an hearings in 2002. These documents are Administration overfished condition nor is overfishing expected to be released for public occurring, and the status of the comment and filed with the 50 CFR Part 622 remaining species is unknown. Once it Environmental Protection Agency in is determined that overfishing is 2003. [I.D. 012302E] occurring, the Magnuson-Stevens Act Authority: 6 U.S.C. 1801 et seq. requires that the Council take action to Fisheries of the Caribbean, Gulf of develop a rebuilding plan. Amendment Dated: January 25, 2002. Mexico, and South Atlantic; Snapper- 13 proposes the establishment of Jonathan Kerland, Grouper Fishery off the Southern rebuilding timeframes for the overfished Acting Director, Office of Sustainable Atlantic States; Amendment 13 species within the snapper-grouper Fisheries, National Marine Fisheries Service. [FR Doc. 02–2301 Filed 1–30–02; 8:45 am] AGENCY: National Marine Fisheries management unit. To prevent overfishing, the Service (NMFS), National Oceanic and BILLING CODE 3510–22–S Magnuson-Stevens Act and the Atmospheric Administration (NOAA), subsequent Sustainable Fisheries Act U.S. Department of Commerce. amendments provide national standards DEPARTMENT OF COMMERCE ACTION: Notice of intent to prepare a that must be satisfied within the FMPs. draft supplemental environmental The National Standards establish National Oceanic and Atmospheric impact statement (DSEIS); request for parameters, including maximum Administration comments. sustainable yield (MSY), optimum yield (OY), minimum stock size threshold 50 CFR Part 622 SUMMARY: The South Atlantic Fishery (MSST), and maximum fishing mortality Management Council (Council) intends [I.D. 012502A] rate threshold (MFMT), which are used to prepare a DSEIS to assess the impacts to avoid overfished situations. Fisheries of the Caribbean, Gulf of on the natural and human environment Currently, static spawning potential Mexico, and South Atlantic; Snapper- of the management measure proposed in ratio proxies are used to define MSY, Grouper Fishery off the Southern its draft Amendment 13 to the Fishery OY, and MFMT. In Amendment 13, the Atlantic States; Amendment 14 Management Plan for the Snapper- Council intends to establish values for Grouper Fishery of the South Atlantic MSY, OY, MFMT, and MSST for each AGENCY: National Marine Fisheries Region (FMP). of the species in the snapper-grouper Service (NMFS), National Oceanic and DATES: Written comments on the scope management unit, contingent upon the Atmospheric Administration (NOAA), of issues to be addressed in the availability of sufficient scientific Commerce. preliminary DSEIS will be accepted information. ACTION: Notice of intent to prepare a through March 4, 2002. Additionally, the Council is draft supplemental environmental ADDRESSES: Comments and requests for considering that the following impact statement (DSEIS); request for copies of the DSEIS should be sent to management measures be included in comments. Robert K. Mahood, Executive Director, Amendment 13: commercial permit South Atlantic Fishery Management transfers; adjusting the harvest and/or SUMMARY: The South Atlantic Fishery Council, One Southpark Circle, Suite possession of all species in the Management Council (Council) intends 306, Charleston, SC 29407–4699, FAX: deepwater grouper/tilefish fishery; to prepare a DSEIS to assess the impacts 843-769–4520; email: prohibiting all possession and sale of on the natural and human environment [email protected]. red porgy, greater amberjack, and of the management measure proposed in mutton snapper during spawning season its draft Amendment 14 to the Fishery FOR FURTHER INFORMATION CONTACT: Kim closures for that species; extending the Management Plan for the Snapper- Iverson, Public Information Office; 843– Oculina Experimental Closed Area for Grouper Fishery of the South Atlantic 571–4366 or [email protected]. an additional time period; removing Region (FMP). SUPPLEMENTARY INFORMATION: The queen triggerfish from the snapper- DATES: Written comments on the scope snapper grouper fishery off the South grouper management unit; increasing of issues to be addressed in the Atlantic States in the exclusive the recreational size limit of greater preliminary DSEIS will be accepted economic zone is managed under the amberjack; modifying the minimum through March 4, 2002. FMP. Following Council preparation, mesh size regulations for black sea bass ADDRESSES: Comments and requests for the FMP was approved and pots; modifying current red porgy copies of the DSEIS should be sent to implemented by NMFS under the regulations; establishing a program to Robert K. Mahood, Executive Director, authority of the Magnuson-Stevens collect fees from the wreckfish industry; South Atlantic Fishery Management Fishery Conservation and Management establishing a program to collect data on Council, One Southpark Circle, Suite Act (Magnuson-Stevens Act) in March snapper and grouper permits as they are 306, Charleston, SC 29407–4699, FAX: of 1983. Currently, the Council is sold; and establishing a protocol for the 843–769–4520; email: preparing draft FMP Amendment 13 collection of data for Endangered [email protected]. and a DSEIS as an integrated part of the Species Act/section 7 consultation. Amendment. The DSEIS will discuss A scoping meeting to determine the FOR FURTHER INFORMATION CONTACT: Kim the proposed Amendment 13 scope of significant issues to be Iverson, Public Information Office; 843- management measures in conjunction addressed in the DSEIS and the 571-4366 or [email protected]. with reasonable alternatives. Each associated Amendment 13 will be SUPPLEMENTARY INFORMATION: The alternative will be assessed in relation conducted at the Council’s March 4-8, snapper grouper fishery off the South to the environmental consequences with 2002, meeting in Savannah, GA. Atlantic States in the exclusive a no-action alternative considered as Following consideration of public economic zone is managed under the one of the options. comments, the Council intends to FMP. Following Council preparation,
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the FMP was approved and addressed in the DSEIS and the comment period from February 19, implemented by NMFS under the associated Amendment 14 will be 2002, to February 28, 2002. authority of the Magnuson-Stevens conducted at the Council’s March 4-8, DATES: Receipt of comments on the Fishery Conservation and Management 2002, meeting in Savannah, GA. Act (Magnuson-Stevens Act) in March Following consideration of public proposed rule is extended from of 1983. Currently, the Council is comments, the Council intends to February 19, 2002, to February 28, 2002. preparing draft FMP Amendment 14 finalize and approve draft Amendment ADDRESSES: Comments on the proposed and a DSEIS as an integrated part of the 14 to the FMP and the DSEIS for two rule should be sent to, and copies of Amendment. The DSEIS will discuss rounds of public hearings, one in 2002 supporting documents, including a Draft the proposed Amendment 14 and one early in 2003. These documents Environmental Impact Statement/ management measures in conjunction are expected to be released for public Regulatory Impact Review and an Initial with reasonable alternatives. Each comment and filed with the Regulatory Flexibility Analysis, are alternative will be assessed in relation Environmental Protection Agency available from the Director, State, to the environmental consequences with following the June 2003 Council Federal and Constituent Programs a no-action alternative considered as meeting. Office, NMFS, One Blackburn Drive, one of the options. Authority: 6 U.S.C. 1801 et seq. Gloucester, MA 01930. Comments will The Council is considering the use of not be accepted if submitted via e-mail Marine Protected Areas (MPAs) as a Dated: January 25, 2002. Jonathan Kurlund, or the Internet. Comments regarding the management tool to protect overfished collection-of-information requirements stocks and maintain the sustained Acting Director, Office of Sustainable contained in the proposed rule should existence of healthy stocks in the Fisheries, National Marine Fisheries Service. be sent to Harry Mears at the above snapper grouper complex. MPAs serve [FR Doc. 02–2405 Filed 1–30–02; 8:45 am] address, and the Office of Information as geographical areas with various BILLING CODE 3510–22–S and Regulatory Affairs, Office of degrees of protection from harvest Management and Budget, Washington, including prohibition of specific gear types, seasonal spawning area closures, DEPARTMENT OF COMMERCE DC 20503 (ATTN: NOAA Desk Officer). complete closure from fishing, and FOR FURTHER INFORMATION CONTACT: combinations of the aforementioned. National Oceanic and Atmospheric Robert Ross, NMFS, Northeast Region, Anticipated benefits from the MPAs Administration 978–281–9234. include the protection of critical life stages, physical habitats, age structure, 50 CFR Part 697 SUPPLEMENTARY INFORMATION: As announced in the Federal Register on genetic diversity of the stock, and [Docket No. 010918229–1229–01; I.D. biodiversity. In addition to ensuring the 022301A] January 3, 2002 (67 FR 282), NMFS long-term ecological viability of the fish requested comments on proposed RIN 0648–AP15 stock and introducing a provision of regulations to implement proposed management measures for the American insurance against uncertainty, MPAs American Lobster Fishery have the potential to provide lobster fishery in the EEZ from Maine opportunities for education and AGENCY: National Marine Fisheries through North Carolina on or before research. Service (NMFS), National Oceanic and February 19, 2002. In a letter to the In Amendment 14, the Council is Atmospheric Administration (NOAA), NMFS Northeast Regional considering using MPAs as an Commerce. Administrator dated January 7, 2002, additional management tool to ACTION: Proposed rule; extension of the the Commission requested an extension supplement traditional management comment period. of the public comment period to allow measures and promote its ultimate goal for full discussion and public comment of conservation and management of fish SUMMARY: In a document published in on the proposed Federal American stocks in the South Atlantic exclusive the Federal Register on January 3, 2002, lobster regulations at a public meeting economic zone. The high species NMFS requested comments on proposed of the Commission’s American Lobster diversity and complex life history of regulations to implement proposed Board scheduled to occur during the fish within the snapper grouper management measures for the American week of February 18, 2002. Therefore, management group supports a greater lobster fishery in the Exclusive by this document, NMFS is extending ecosystem approach to resource Economic Zone (EEZ) from Maine the public comment period from management of the stock. The Council through North Carolina on or before February 19, 2002, to February 28, 2002. intends that Amendment 14 center on February 19, 2002. This proposed rule There were no changes from the establishing MPAs in critical habitat for document considers revisions to Federal proposed rule previously published. American lobster regulations that are overfished deepwater species including Dated: January 25, 2002. speckled hind, warsaw grouper, misty designed to be compatible with the grouper, yellowedge grouper, snowy Atlantic States Marine Fisheries Jon Kurland, grouper, golden tilefish, sand tilefish, Commission (Commission) Interstate Acting Director, Office of Sustainable and blueline tilefish. Fishery Management Plan for American Fisheries, National Marine Fisheries Service. A scoping meeting to determine the Lobster. The intent of this document is [FR Doc. 02–2404 Filed 1–30–02; 8:45 am] scope of significant issues to be to announce an extension of the public BILLING CODE 3510–22–S
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Notices Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
This section of the FEDERAL REGISTER EIS analyzed and disclosed Coordination With Other Agencies contains documents other than rules or environmental effects of eight The Forest Service is the lead agency proposed rules that are applicable to the alternatives, six of which involved public. Notices of hearings and investigations, with the responsibility to prepare this application of up to thirteen different draft SEIS. Other agencies and local committee meetings, agency decisions and herbicides, including glyphosate and rulings, delegations of authority, filing of governments will be invited to petitions and applications and agency triclopyr. The selected alternative in the participate, as appropriate. statements of organization and functions are ROD established broad Regional policy examples of documents appearing in this as to methods that may be used to Commenting section. control competing vegetation during A draft SEIS is expected to be reforestation projects. This policy available for public review and permits consideration of all methods at comment in March, 2002. The comment DEPARTMENT OF AGRICULTURE the project-specific planning level, but period for the draft SEIS will extend 45 requires that herbicides be used only days from the date its availability is Forest Service where essential to achieve the project- published in the Federal Register and in specific resource management Vegetation Management for the Sacramento Bee, the Newspaper of objectives. This policy reflected Reforestation Record. National USDA policy at that time. The Comments received on the draft SEIS, AGENCY: Forest Service, USDA. ROD also established specific including names and addresses of those ACTION: Notice of intent to prepare a restrictions on uses of certain who comment, will be considered part supplemental environmental impact herbicides. of the public record for this proposed statement. A recent Court decision, based on a action, and will be available for public lawsuit filed by the Californians for inspection. Additionally, pursuant to 7 SUMMARY: The Department of Alternatives to Toxics and two other CFR 1.27(d), any persons may request Agriculture, Forest Service, Pacific organizations opposing implementation the agency to withhold a submission Southwest Region (Region) will prepare of the Cottonwood Fire Vegetation from the public record by showing how a supplemental environmental impact Management Project (Sierraville Ranger the Freedom of Information (FOIA) statement (SEIS) to the Region’s 1988 District, Tahoe National Forest), ordered permits such confidentiality. Persons EIS ‘‘Vegetation Management for the Forest Service to supplement this requesting such confidentiality should Reforestation’’ as directed by the Court programmatic EIS to disclose specific be aware that, under the FOIA, in a recent United States District Court environmental effects. These effects are confidentiality may be granted in only Decision in Californians for Alternatives endrocrine disruption, immunotoxicity, very limited circumstances, such as to to Toxics, Et Al. v. Michael Dombeck, Et and neurotoxicity in humans and other protect trade secrets. The Forest Service Al., CIV. S–00–2016 LKK/JFM. This animals, associated with the use of will inform the requester of the SEIS will analyze environmental effects glyphosate and triclopyr during Agency’s decision regarding the request at the programmatic level on animal reforestation projects in the Region. for confidentiality, and where the endrocrine disruption, immunotoxicity, request is denied, the Agency will and neurotoxicity, associated with the Proposed Action return the submission and notify the use of the herbicides glyphosate and The Forest Service proposes to requester that the comments may be triclopyr during reforestation projects in resubmitted with or without name and the Region. Supplement the EIS, as directed by the Court. address. DATES: The public is not asked to The Forest Service believes that it is provide any additional information at Scoping Process important to give reviewers notice of this time. A draft SEIS will be circulated several court rulings related to public for public review in March, 2002. The This Notice of Intent will not initiate participation in the environmental comment period for the draft SEIS will an additional scoping process. The review process. First, reviews of draft extend 45 days from the date its Judge’s Order in Californians for environmental impact statements must availability is published in the Federal Alternatives to Toxics, Et Al. v. Michael structure their participation in the Register and the Sacramento Bee, the Dombeck, Et Al., CIV. S–00–2016 LKK/ environmental review of the proposal so Newspaper of Record. A final SEIS is JFM identified the scope of the draft that it is meaningful and alerts the expected to be released in May, 2002. SEIS. No additional public comment is agency to the reviewer’s position and invited on this proposal to prepare the FOR FURTHER INFORMATION CONTACT: John contentions. Vermont Yankee Nuclear draft SEIS. Fiske, Team Leader, USDA Forest Power Corp. v. NRDC, 435 U.S. 519, 533 Service, 1323 Club Drive, Vallejo, CA Decision To Be Made and Responsible (1978). Also, environmental objections 94592. Phone number (707) 562–8687. Official that could be raised at the draft SUPPLEMENTARY INFORMATION: environmental impact statement stage, The Regional Forester, Pacific but that are not raised until after Background Southwest Region, will decide whether, completion of the final environmental The Region prepared a final and if so how, to revise the ROD for the impact statement, may be waived or programmatic EIS ‘‘Vegetation EIS. dismissed by the courts. City of Angoon Management for Reforestation’’ in The responsible official is the v. Hodel, 803 F.2d 1016, 1022 (9th Cir. December, 1988, and issued a Record of Regional Forester, 1323 Club Drive, 1986) and Wisconsin Heritage, Inc. v. Decision (ROD) in February, 1989. The Vallejo, California 94592. Harris, 490 F. Supp. 1334 (E.D. Wis.
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1980). Because of these court rulings, it Dated: January 22, 2002. DEPARTMENT OF AGRICULTURE is very important that those interested Dale Hom, in this proposed action participate by Forest Supervisor, Olympic National Forest. Forest Service the close of the 45-day comment period [FR Doc. 02–2305 Filed 1–30–02; 8:45 am] North Gifford Pinchot National Forest so that substantive comments and BILLING CODE 3410–11–M objections are made available to the Resource Advisory Committee Meeting Forest Service at a time when the Notice Agency can meaningfully consider them DEPARTMENT OF AGRICULTURE AGENCY: Forest Service, USDA. and respond to them in the final ACTION: Notice of meeting. supplemental environmental impact Forest Service statement. SUMMARY: The North Gifford Pinchot Fresno County Resource Advisory National Forest Resource Advisory Comments on the draft SEIS should Committee be as specific as possible. It is also Committee will meet on Tuesday, helpful if comments refer to specific AGENCY: Forest Service, USDA. February 12, 2002, at the Lewis County pages or chapters of the draft Law and Justice Center (old county ACTION: Notice of Resource Advisory annex building), 345 West Main Street, supplemental statement. Comments may meeting. also address the adequacy of the draft Chehalis, Washington. The meeting will SEIS. Reviewers may wish to refer to the SUMMARY: Pursuant to the authorities in begin at 10 a.m. and continue until 5 Council on Environmental Quality the Federal Advisory Committee Act of p.m. The purpose of the meeting is to: Regulations for implementing the (1) Consider staffing needs, 1972 (Pub. L. 92–463) and under the (2) Discuss the project approval procedural provisions of the National secure Rural Schools and Community process, and Environmental Policy Act at 40 CFR Self-Determination Act of 2000 (Public (3) Provide for a Public Open Forum. 1503.3 in addressing these points. Law 106–393) the Sierra and Sequoia All North Gifford Pinchot National Dated: January 24, 2002. National Forests’ Resource Advisory Forest Resource Advisory Committee Committee (RAC) for Fresno County Jack A. Blackwell, meetings are open to the public. will meet on February 19, 2002, 6:30– Regional Forester, Pacific Southwest Region. Interested citizens are encouraged to 9:30 p.m. The Fresno County Resource attend. The ‘‘open forum’’ provides [FR Doc. 02–2310 Filed 1–30–02; 8:45 am] Advisory Committee will meet at the opportunity for the public to bring BILLING CODE 3410–11–M Forest Supervisor’s office Clovis, CA. issues, concerns, and discussion topics The purpose of the meeting is for the to the Advisory Committee. The ‘‘open Resource Advisory Committee to receive DEPARTMENT OF AGRICULTURE forum’’ is scheduled as part of agenda project proposals for recommendations item (3) for this meeting. Interested to the Forest Supervisor for expenditure Forest Service speakers will need to register prior to of Fresno County Title II funds. the open forum period. The committee Olympic Provincial Advisory DATES: The Fresno RAC meeting will be welcomes the public’s written Committee held on February 19, 2002. The meeting comments on committee business at any will be held from 6:30 p.m. to 3:30 p.m. time. AGENCY: Forest Service, USDA. ADDRESSES: The Fresno County RAC FOR FURTHER INFORMATION CONTACT: meeting will be held at the Sierra Direct questions regarding this meeting ACTION: Notice of meeting. National Forest Supervisor’s office, 1600 to Tom Knappenberger, Public Officer, Tollhouse Road, CA. at (360) 891–5005, or written Forest SUMMARY: The Olympic Province Headquarters Office, Gifford Pinchot Advisory Committee (OPAC) will meet FOR FURTHER INFORMATION CONTACT: Sue Exline, USDA, Sierra National Forest, National Forest, 10600 NE. 51st Circle, on February 22, 2002. The meeting will Vancouver, WA 98682. be held at the Jamestown S’Klallam 1600 Tollhouse Road, Clovis, CA 93611, Tribal Center in Blyn, Washington. The (559) 297–0706 ext. 4804; E-MAIL Dated: January 25, 2002. meeting will begin at 9 a.m. and end at [email protected]. Claire Lavendel, approximately 3 p.m. Agenda topics are: SUPPLEMENTARY INFORMATION: Agenda Forest Supervisor. (1) Current status of key Forest issues; items to be covered include: (1) Review [FR Doc. 02–2311 Filed 1–30–02; 8:45 am] (2) Status update on the Resource and approve the Jan. 12, 2002 meeting BILLING CODE 3410–11–M Advisory Committees for Rural Schools notes; (2) Review the purpose of the and Community Self-Determination Act RAC; (3) Consideration of Title II Project of 2000; (3) Vacant committee positions; proposals from the public, the RAC DEPARTMENT OF AGRICULTURE (4) Open forum; and (5) Public members, the Pineridge/Kings River comments. Districts Ranger; and the Hume Lake Forest Service All Olympic Province Advisory District Ranger; (4) Determine the date South Gifford Pinchot National Forest Committee Meetings are open to the and location of the next meeting; (5) Resource Advisory Committee Meeting public. Interested citizens are encourage Public comment. The meeting is open to Notice to attend. the public. Public input opportunity will be provided and individuals will AGENCY: Forest Service, USDA. FOR FURTHER INFORMATION CONTACT: have the opportunity to address the ACTION: Notice of meeting. Direct questions regarding this meeting Committee at that time. to Ken Eldredge, Province Liaison, SUMMARY: The South Gifford Pinchot USDA, Olympic National Forest Dated: January 23, 2002. National Forest Resource Advisory Headquarters, 1835 Black Lake Blvd. Ray Porter, Committee will meet on Thursday, Olympia, WA 98512–5623, (360) 956– District Ranger. February 14, 2002, at the Skamania 2323 or Dale Hom, Forest Supervisor, at [FR Doc. 02–2285 Filed 1–30–02; 8:45 am] County Public Works Department (360) 956–2301. BILLING CODE 3410–11–M basement located in the Courthouse
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Annex, 170 N.W. Vancouver Avenue, within the time limits for the Public DEPARTMENT OF AGRICULTURE Stevenson, Washington. The meeting Forum. Written comments may be will begin at 10 a.m. and continue until submitted prior to the February 21st Natural Resources Conservation 5 p.m. The purpose of the meeting is to: meeting by sending them to Designated Service (1) Consider staffing needs, Federal Official Donna Short at the Sixmile-St. Charles Watershed, Pueblo (2) Discuss the project approval address given below. process, and County, Colorado (3) Provide for a Public Open Forum. FOR FURTHER INFORMATION CONTACT: For AGENCY: Natural Resources All South Gifford Pinchot National more information regarding this Conservation Service, USDA. Forest Resource Advisory Committee meeting, contact Designated Federal ACTION: Notice of a Finding of No meetings are open to the public. Official Donna Short; Sweet Home Significant Impact. Interested citizens are encouraged to Ranger District; 3225 Highway 20; attend. The ‘‘open forum’’ provides Sweet Home, Oregon 97386; (541) 367– SUMMARY: Pursuant to Section 102(2) (C) opportunity for the public to bring 9220. of the National Environmental Policy issues, concerns, and discussion topics Dated: January 24, 2002. Act of 1969; the Council on to the Advisory Committee. The ‘‘open Environmental Quality Regulations (40 Doris Tai, forum’’ is scheduled as part of agenda CFR part 1500); and the Natural item (3) for this meeting. Interested Acting Deputy Forest Supervisor. Resources Conservation Service speakers will need to register prior to [FR Doc. 02–2313 Filed 1–30–02; 8:45 am] Regulations (7 CFR part 650); the the open forum period. The committee BILLING CODE 3410–11–M Natural Resources Conservation Service, welcomes the public’s written U.S. Department of Agriculture, gives comments on committee business at any notice that an environmental impact time. DEPARTMENT OF AGRICULTURE statement is not being prepared for the FOR FURTHER INFORMATION CONTACT: Sixmile-St. Charles Watershed Project, Direct questions regarding this meeting Forest Service Pueblo County, Colorado. to Tom Knappenberger, Public Affairs FOR FURTHER INFORMATION CONTACT: Officer, at (360) 891–5005, or write Notice of Idaho Panhandle Resource Advisory Committee Meeting Allen Green, State Conservationist, Forest Headquarters Office, Gifford Natural Resources Conservation Service, Pinchot National Forest, 10600 NE. 51st AGENCY: Forest Service, USDA. 655 Parfet St., Lakewood, Colorado, Circle, Vancouver, WA 98682. 80215–5517, telephone (970) 544–2810. Dated: January 25, 2002. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: The Claire Lavendel, environmental assessment of this Forest Supervisor. SUMMARY: Pursuant to the authorities in Federally assisted action indicates that [FR Doc. 02–2312 Filed 1–30–02; 8:45 am] the Federal Advisory Committee Act the project will not cause significant BILLING CODE 3410–11–M (Pub. L. 92–463) and under the Secure local, regional, or national impacts on Rural Schools and Community Self- the environment. As a result of these Determination Act of 2000 (Pub. L. 106– findings, Allen Green, State DEPARTMENT OF AGRICULTURE 393) the Idaho Panhandle National Conservationist, has determined that the Forests’ Idaho Panhandle Resource preparation and review of an Forest Service Advisory Committee will meet Friday, environmental impact statement is not February 15, 2002, in Coeur d’Alene, needed for this project. Hood/Willamette Resource Advisory The project purpose is to reduce Committee Idaho for a business meeting. The meeting is open to the public. nitrates, selenium, sediment and other AGENCY: Forest Service, USDA. pollutant loading to the Arkansas River DATES: February 15, 2002. ACTION: Action of meeting. due to ineffective irrigation water ADDRESSES: The meeting location is the utilization. The planned works of SUMMARY: The Hood/Willamette Idaho Panhandle National Forests’ improvement include on-farm Resource Advisory Committee (RAC) Supervisor’s Office, located at 3815 underground irrigation pipelines, on- will meet on Thursday, February 21, Schreiber Way, Coeur d’Alene, Idaho farm concrete irrigation ditches, and 2002. The meeting is scheduled to begin 83815. structures for water control. These at 9 a.m. and will conclude at enduring practices are accompanied by approximately 5 p.m. The meeting will FOR FURTHER INFORMATION CONTACT: facilitating management practices such be held at the Wilsonville Chamber of Ranotta K. McNair, Forest Supervisor as Irrigation Water Management and Commerce and Clackamas County and Designated Federal Officer, at (208) Nutrient Management. Regional Visitor Information Center; 765–7223. The Notice of a Finding of No 29600 SW. Park Place; Wilsonville, Significant Impact (FNSI) has been Oregon 97070; (503) 682–0411. The SUPPLEMENTARY INFORMATION: Agenda forwarded to the Environmental tentative agenda includes: Process for topics will include review of project Protection Agency and to various Reviewing and Prioritizing Projects; proposals, developing criteria for project Federal, State and local agencies and Review of Title II Project Submissions; proposal review, finalizing the interested parties. A limited number of RAC Operating Expenses; Information submission form for proposals and copies of the FNSI are available to fill Sharing; Public Forum. receiving public comment. single copy requests at the above The Public Forum is tentatively Dated: January 24, 2002. address. Basic data developed during scheduled to begin at 4 p.m. Time the environmental assessment are on Ranotta K. McNair, allotted for individual presentations file and may be reviewed by contacting will be limited to 3–4 minutes. Written Forest Supervisor. Allen Green. comments are encouraged, particularly [FR Doc. 02–2314 Filed 1–30–02; 8:45 am] No administration action on if the material cannot be presented BILLING CODE 3410–11–M implementation of the proposal will be
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taken until 30 days after the date of this ACTION: Notice of amended preliminary Amendment of Preliminary publication in the Federal Register. determination of sales at not less than Determination (This activity is listed in the Catalog of fair value. The Department’s regulations provide Federal Domestic Assistance under NO. that the Department will correct any EFFECTIVE DATE: January 31, 2002. 10904, Watershed Protection and Flood significant ministerial error by Prevention, and is subject to the provisions FOR FURTHER INFORMATION CONTACT: amending the preliminary of Executive Order 12372, which requires David J. Goldberger or Margarita Panayi, determination. See 19 CFR 351.224(e). A intergovernmental consultation with State Import Administration, International and local officials). significant ministerial error is an error Trade Administration, U.S. Department the correction of which, either singly or Dated: January 24, 2002. of Commerce, 14th Street and in combination with other errors: (1) Dennis Alexander, Constitution Avenue, NW., Washington, Would result in a change of at least five DC 20230; telephone: (202) 482–4136 or Assistant State Conservationist. absolute percentage points in, but not (202) 482–0049, respectively. [FR Doc. 02–2378 Filed 1–30–02; 8:45 am] less than 25 percent of, the weighted- SUPPLEMENTARY INFORMATION: BILLING CODE 3410–16–P average dumping margin calculated in The Applicable Statute the original (erroneous) preliminary determination; or (2) would result in a Unless otherwise indicated, all COMMISSION ON CIVIL RIGHTS citations to the Tariff Act of 1930, as difference between a weighted-average dumping margin of zero (or de minimis) Sunshine Act Notice amended (‘‘the Act’’), are references to the provisions effective January 1, 1995, and a weighted-average dumping AGENCY: U.S. Commission on Civil the effective date of the amendments margin of greater than de minimis, or Rights. made to the Act by the Uruguay Round vice versa. See 19 CFR 351.224(g). After analyzing ProfilARBED’s Agreements Act (‘‘URAA’’). In addition, DATE AND TIME: Friday, February 8, 2002 submission, we have determined that unless otherwise indicated, all citations 9:30 a.m. ministerial errors were made in the to the Department of Commerce’s PLACE: U.S. Commission on Civil Rights, margin calculation for ProfilARBED in (‘‘Department’s’’) regulations are 624 Ninth Street, NW., Room 540, the preliminary determination. references to 19 CFR part 351 (April Washington, DC 20425. Specifically, (1) We inadvertently 2001). STATUS: included imputed inventory carrying Amended Preliminary Determination expenses in the calculation of the Agenda We are amending the preliminary constructed export price (CEP) profit I. Approval of Agenda determination of sales at less than fair rate; (2) we inadvertently allocated CEP II. Approval of Minutes of January 11, value for structural steel beams from profit to indirect selling expenses and 2011 Meeting inventory carrying expenses incurred III. Announcements Luxembourg to reflect the correction of ministerial errors made in the margin abroad; (3) we inadvertently deducted IV. Staff Director’s Report from CEP indirect selling expenses and V. State Advisory Committee calculations in that determination. Correcting these errors results in an inventory carrying expenses incurred Appointments for Alabama, District abroad; (4) we did not apply an of Columbia, Maryland, Virginia, amended preliminary determination that sales were made at not less than fair adjustment to the calculation of the and West Virginia variable cost of manufacturing in the VI. Report from a Number of SAC Chairs value. We are publishing this third country market as discussed in the About Activities in Their States amendment to the preliminary December 19, 2001, memorandum from VII. Future Agenda Items determination pursuant to 19 CFR 351.224(e). the Office of Accounting; and (5) we 10 a.m.—Environmental Justice Hearing inadvertently omitted billing (Part II) Case History adjustments from the calculation of the net third country market price used for CONTACT PERSON FOR FURTHER On December 19, 2001, the normal value. See Memorandum to INFORMATION: Les Jin, Press and Department preliminarily determined Louis Apple from The Team, dated Communications (202) 376–8312. that structural steel beams from Luxembourg are being, or are likely to January 16, 2002, for further discussion Debra A. Carr, be, sold in the United States at less than of ProfilARBED’s ministerial errors Deputy General Counsel. fair value (63 FR 67223; December 28, allegations and the Department’s [FR Doc. 02–2531 Filed 1–29–02; 2:17 pm] 2001). analysis. BILLING CODE 6335–01–M On January 2, 2002, we disclosed our Pursuant to 19 CFR 351.224(g)(2), the calculations for the preliminary ministerial errors acknowledged above determination to counsel for for ProfilARBED are significant because DEPARTMENT OF COMMERCE ProfilARBED, S.A. (‘‘ProfilaRBED’’) and the correction of the ministerial errors to counsel for petitioners. results in a difference between a International Trade Administration On January 7, 2002, we received a weighted-average dumping margin of submission, timely filed pursuant to 19 greater than de minimis and a weighted- [A–423–810] CFR 351.224(c)(2), from ProfilARBED average dumping margin of de minimis. Notice of Amended Preliminary alleging ministerial errors in the Therefore, we have recalculated the Determination of Sales at Not Less Department’s preliminary margin for ProfilARBED. The Than Fair Value and Postponement of determination. In its submission, Department hereby amends its Final Determination: Structural Steel ProfilARBED requested that these errors preliminary determination with respect Beams From Luxembourg be corrected and an amended to ProfilARBED to correct these errors. preliminary determination be issued In addition, as ProfilARBED is the sole AGENCY: Import Administration, reflecting these changes. We did not respondent in this investigation, this International Trade Administration, receive ministerial error allegations preliminary determination is negative. U.S. Department of Commerce. from the petitioners. Accordingly, we are terminating
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suspension of liquidation of all entries DEPARTMENT OF COMMERCE alleging a ministerial error in the of subject merchandise. Department’s preliminary The revised weighted-average International Trade Administration determination. In their submission, the petitioners stated that the correction of dumping margins are as follows: [A–583–838] this error would result in a significant change in the Department’s preliminary Exporter/manufacturer Weighted-average Notice of Amended Preliminary margin percentage Determination of Sales at Less Than determination. We did not receive ministerial error allegations from either ProfilARBED ...... 1.43 (de minimis) Fair Value: Structural Steel Beams From Taiwan respondent. Amendment of Preliminary Postponement of Final Determination AGENCY: Import Administration, Determination Pursuant to section 735(a)(2)(B) of the International Trade Administration, The Department’s regulations provide Act, on December 18, 2001, the Department of Commerce. ACTION: Notice of amended preliminary that the Department will correct any petitioners requested that, in the event significant ministerial error by of a negative preliminary determination determination of sales at less than fair value. amending the preliminary in this investigation, the Department determination. See 19 CFR 351.224(e). A postpone its final determination until EFFECTIVE DATE: January 31, 2002. significant ministerial error is an error not later than 135 days after the date of the correction of which, either singly or FOR FURTHER INFORMATION CONTACT: the publication of the preliminary Kate in combination with other errors: (1) determination in the Federal Register. Johnson or Rebecca Trainor, Import Would result in a change of at least five In accordance with 19 CFR Administration, International Trade absolute percentage points in, but not 351.210(b)(i), because our amended Administration, U.S. Department of less than 25 percent of, the weighted- preliminary determination is negative Commerce, 14th Street and Constitution average dumping margin calculated in and no compelling reasons for denial Avenue, NW., Washington, DC 20230; the original (erroneous) preliminary exist, we are granting the petitioners’ telephone: (202) 482–4929 or (202) 482– determination; or (2) would result in a request and are postponing the final 4007, respectively. difference between a weighted-average determination until no later than 135 SUPPLEMENTARY INFORMATION: Unless dumping margin of zero (or de minimis) days after the publication of the otherwise indicated, all citations to the and a weighted-average dumping Department’s original preliminary Tariff Act of 1930, as amended (the Act), margin of greater than de minimis, or determination notice in the Federal are references to the provisions effective vice versa. See 19 CFR 351.224(g). Register on December 28, 2002. January 1, 1995, the effective date of the After analyzing the petitioners’ Suspension of Liquidation amendments made to the Act by the submission, we have determined that a Uruguay Round Agreements Act. In ministerial error was made in the We will instruct the Customs Service addition, unless otherwise indicated, all margin calculation for Kuei Yi in the to terminate the suspension of citations to the Department of preliminary determination. Specifically, liquidation of all entries of structural Commerce’s (the Department’s) we inadvertently failed to convert Kuei steel beams from Luxembourg, regulations are references to 19 CFR part Yi’s home market discounts and rebates including those entries exported by 351 (April 2001). into U.S. dollars for the calculation of ProfilARBED, and release any cash home market net unit price. deposits, bonds, or other securities Amended Preliminary Determination Pursuant to 19 CFR 351.224(g)(1), the posted. These instructions will remain We are amending the preliminary ministerial error acknowledged above in effect until further notice. determination of sales at less than fair for Kuei Yi is significant because the value for structural steel beams from correction of the ministerial error results International Trade Commission Taiwan to reflect the correction of a in a change of at least five absolute Notification ministerial error made in the margin percentage points in, but not less than In accordance with section 733(f) of calculations in that determination. We 25 percent of, the weighted-average the Act, we have notified the are publishing this amendment to the dumping margin calculated in the International Trade Commission (‘‘ITC’’) preliminary determination pursuant to original preliminary determination. of the amended preliminary 19 CFR 351.224(e). Therefore, we have recalculated the margin for Kuei Yi. In addition, we have determination. As a result of this Case History amended preliminary determination, if recalculated the ‘‘All Others Rate.’’ The our final determination is affirmative, On December 19, 2001, the Department hereby amends its the ITC will determine within 75 days, Department preliminarily determined preliminary determination with respect rather than 45 days, of our final that structural steel beams from Taiwan to Kuei Yi to correct this error. determination whether these imports are being, or are likely to be, sold in the The revised weighted-average are materially injuring, or threaten United States at less than fair value (66 dumping margins are as follows: material injury to, the U.S. industry. FR 67202, December 28, 2001). On December 20 and 27, 2001, we Weighted- This amended preliminary average determination is published pursuant to disclosed our calculations for the Exporter/manufacturer margin mar- section 777(i)(1) of the Act and 19 CFR preliminary determination to counsel gin percent- 351.224(e). for Tung Ho Steel Enterprise Corp. age (Tung Ho) and Kuei Yi Industrial Co., Dated: January 24, 2002. Ltd. (Kuei Yi), respectively. On January Kuei Yi Industrial Co., Ltd ...... 34.56 Faryar Shirzad, 2, 2002, we disclosed our calculations to All Others ...... 25.45 Assistant Secretary for Import counsel for the petitioners. Administration. On January 7, 2002, we received a Suspension of Liquidation [FR Doc. 02–2411 Filed 1–30–02; 8:45 am] submission, timely filed pursuant to 19 In accordance with section 733(d)(2) BILLING CODE 3510–DS–P CFR 351.224(c)(2), from the petitioners of the Act, the Department will direct
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the Customs Service to continue to indicated, all citations to the products are outside and/or specifically suspend liquidation of all entries of Department of Commerce’s (the excluded from the scope of this structural steel beams from Taiwan that Department’s) regulations are to the investigation: (1) Structural steel beams are entered, or withdrawn from provisions codified at 19 CFR part 351 greater than 400 pounds per linear foot, warehouse, for consumption, on or after (2001). (2) structural steel beams that have a web or section height (also known as the date of publication of this notice in Significant Ministerial Error the Federal Register. The Customs depth) over 40 inches, and (3) structural Service shall continue to require a cash The Department of Commerce (the steel beams that have additional deposit or the posting of a bond equal Department) is amending the weldments, connectors or attachments to the estimated amount by which the preliminary determination of sales at to I-sections, H-sections, or pilings; normal value exceeds the U.S. price as less than fair value in the antidumping however, if the only additional shown above. These instructions will duty investigation of structural steel weldment, connector or attachment on remain in effect until further notice. beams from Germany to reflect the the beam is a shipping brace attached to correction of a significant ministerial maintain stability during transportation, International Trade Commission error made in the margin calculations the beam is not removed from the scope Notification regarding Stahlwerk Thu¨ ringen GmbH definition by reason of such additional In accordance with section 733(f) of (‘‘SWT’’) in that determination, weldment, connector or attachment. the Act, we have notified the pursuant to 19 CFR 341.224(g)(1) and The merchandise subject to this International Trade Commission of the (g)(2). A ministerial error is defined as investigation is classified in the amended preliminary determination. an error in addition, subtraction, or Harmonized Tariff Schedule of the This amended preliminary other arithmetic function, clerical error United States (‘‘HTSUS’’) at determination is published pursuant to resulting from inaccurate copying, subheadings 7216.32.0000, section 777(i) of the Act and 19 CFR duplication, or the like, and any other 7216.33.0030, 7216.33.0060, 351.224(e). similar type of unintentional error 7216.33.0090, 7216.50.0000, which the Secretary considers 7216.61.0000, 7216.69.0000, Dated: January 24, 2002. ministerial. See 19 CFR 351.224(f). A 7216.91.0000, 7216.99.0000, Faryar Shirzad, significant ministerial error is defined as 7228.70.3040, and 7228.70.6000. Assistant Secretary for Import an error, the correction of which, singly Although the HTSUS subheadings are Administration. or in combination with other errors, provided for convenience and customs [FR Doc. 02–2412 Filed 1–30–02; 8:45 am] would result in (1) a change of at least purposes, the written description of the BILLING CODE 3510–DS–P five absolute percentage points in, but merchandise under investigation is not less than 25 percent of, the dispositive. weighted-average dumping margin DEPARTMENT OF COMMERCE calculated in the original (erroneous) Ministerial-Error Allegation preliminary determination; or (2) a On December 19, 2001, the International Trade Administration difference between a weighted-average Department issued its affirmative [A–428–831] dumping margin of zero or de minimis preliminary determination in this and a weighted-average dumping proceeding. See Notice of Preliminary Notice of Amended Preliminary margin of greater than de minimis or Determination of Sales at Less Than Determination of Sales at Less Than vice versa. See 19 CFR 351.224(g). In Fair Value and Postponement of Final Fair Value: Structural Steel Beams this case, correction of the ministerial Determination: Structural Steel Beams From Germany error results in SWT’s margin becoming from Germany, 66 FR 67190 (December de minimis. We are publishing this 28, 2001) (Preliminary Determination). AGENCY: Import Administration, amendment to the preliminary There are two respondent International Trade Administration, determination pursuant to 19 CFR manufacturers/exporters, SWT and Department of Commerce. 351.224(e). As a result of this amended Salzgitter AG, in this investigation. ACTION: Notice of amended preliminary preliminary determination, we have On January 2, 2002, the Department antidumping duty determination of revised the antidumping rates for one received timely allegations of a sales at less than fair value: structural respondent, SWT. ministerial error (in accordance with steel beams from Germany. section 351.224(c)(2) of the Scope of Investigation Department’s regulations) in the EFFECTIVE DATE: January 31, 2002. The scope of this investigation covers Preliminary Determination from SWT. FOR FURTHER INFORMATION CONTACT: doubly-symmetric shapes, whether hot- SWT alleged that the Department Thomas Schauer or Edythe Artman, or cold-rolled, drawn, extruded, formed inadvertently did not convert quantity Import Administration, International or finished, having at least one adjustments for U.S. sales from pounds Trade Administration, U.S. Department dimension of at least 80 mm (3.2 inches to metric tons. On January 7, 2002, the of Commerce, 14th Street and or more), whether of carbon or alloy Department received timely allegations Constitution Avenue, NW., Washington, (other than stainless) steel, and whether of ministerial errors (in accordance with DC 20230; telephone: (202) 482–0410 or or not drilled, punched, notched, 351.224(c)(2)) in the Preliminary (202) 482–3931, respectively. painted, coated, or clad. These Determination from the Committee for structural steel beams include, but are Fair Beam Imports and its individual The Applicable Statute and Regulations not limited to, wide-flange beams (‘‘W’’ members, Northwestern Steel and Wire Unless otherwise indicated, all shapes), bearing piles (‘‘HP’’ shapes), Company, Nucor Corporation, Nucor- citations to the statute are references to standard beams (‘‘S’’ or ‘‘I’’ shapes), and Yamato Steel Company, and TXI- the provisions effective January 1, 1995, M-shapes. All the products that meet Chaparral Steel Company (‘‘the the effective date of the amendments the physical and metallurgical petitioners’’). The petitioners alleged made to the Tariff Act of 1930 (the Act) descriptions provided above are within that (1) the Department’s language for by the Uruguay Round Agreements Act the scope of this investigation unless converting quantities denominated in (URAA). In addition, unless otherwise otherwise excluded. The following pounds to metric tons is superfluous
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and (2) the Department’s calculation of liquidation instructions will remain in request for a hearing is made in this indirect selling expenses is incorrect effect until further notice. investigation, the hearing will because, according to the petitioners, tentatively be held two days after the the Department attempted to correct for Weighted- rebuttal-brief deadline date at the U.S. double-counting where none exists. average Exporter/manufacturer percentage Department of Commerce, 14th Street The Department has reviewed its margin and Constitution Avenue, NW., preliminary calculations and agrees that Washington, DC 20230. Parties should the error which SWT alleged does SWT ...... 0.96 confirm by telephone the time, date, and constitute a ministerial error within the Salzgitter AG ...... 35.75 place of the hearing 48 hours before the meaning of 19 CFR 351.224(f). All Others ...... 18.36 scheduled time. Furthermore, we determine that this is We will make our final determination Pursuant to section 733(d)(1)(A) and a ministerial error which rises to the no later than May 13, 2001. level of ‘‘significant errors’’ pursuant to section 735(c)(5)(A) of the Act, the This determination is issued and 19 CFR 351.224(g)(2), and we are Department normally may not include published in accordance with sections amending the Preliminary zero and de minimis weighted-average 733(f) and 777(i)(1) of the Act and 19 Determination to reflect the correction dumping margins and margins CFR 351.205(c). of this significant ministerial error made determined entirely under section 776 in the margin calculation for SWT in of the Act in the calculation of the ‘‘all- Dated: January 24, 2002. that determination, pursuant to 19 CFR others’’ deposit rate. However, such Faryar Shirzad, 351.224(e). See the SWT Amended rates were the only margins available in Assistant Secretary for Import Preliminary Calculation Memorandum this determination. Accordingly, the Administration. dated January 15, 2002. Department may, pursuant to section [FR Doc. 02–2413 Filed 1–30–02; 8:45 am] The Department does not agree that 735(c)(5)(B) of the Act, use ‘‘any BILLING CODE 3510–DS–P the errors which the petitioners alleged reasonable method’’ to calculate the all- constitute ministerial errors within the others rate. In this case, the Department meaning of 19 CFR 351.224(f). The first calculated the all-others rate by using a DEPARTMENT OF COMMERCE ‘‘error’’ alleged by the petitioners does simple average of the rates applicable to not appear to be an error at all but, SWT and Salzgitter AG. See Statement International Trade Administration rather, simply a suggestion to change of Administrative Action accompanying the programming language. The H.R. 5110, H.R. Doc. No. 316, Vol. 1, [A–821–814] petitioners suggested language would 103rd Congr. 2d Sess. at 873. have no effect on the margin. The Notice of Amended Preliminary International Trade Commission second error is a comment about our Determination of Sales at Less Than Notification methodology for calculating indirect Fair Value: Structural Steel Beams selling expenses. Because the In accordance with section 733(f) of From the Russian Federation methodology we used (described the Act, we have notified the ITC of our accurately by the petitioners) was amended preliminary determination. If AGENCY: Import Administration, neither inadvertent nor unintentional, our final determination is affirmative, International Trade Administration, this is not a ministerial error. Therefore, the ITC will determine before the later Department of Commerce. we have not changed our preliminary of 120 days after the date of the ACTION: Notice of amended preliminary calculations pursuant to either of the preliminary determination or 45 days antidumping duty determination of petitioners’ allegations. after our final determination whether sales at less than fair value: structural The collection of bonds or cash the domestic industry in the United steel beams from the Russian deposits and suspension of liquidation States is materially injured, or Federation. will be revised accordingly and parties threatened with material injury, by reason of imports, or sales (or the will be notified of this determination, in EFFECTIVE DATE: January 31, 2002. accordance with section 733(d) and (f) likelihood of sales) for importation, of of the Act. the subject merchandise. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Richard Rimlinger, Amended Preliminary Determination Public Comment Import Administration, International As a result of our correction of the Case briefs for this investigation must Trade Administration, U.S. Department ministerial error, we have determined be submitted to the Department no later of Commerce, 14th Street and that the following dumping margins than seven days after the date of the Constitution Avenue, NW., Washington, apply. In accordance with section final verification report issued in this DC 20230; telephone: (202) 482–3477 or 733(d)(2) of the Act, we are directing the proceeding. Rebuttal briefs must be filed (202) 482–4477, respectively. Customs Service to suspend liquidation five days from the deadline date for case The Applicable Statute and Regulations of all imports of subject merchandise briefs. A list of authorities used, a table from Germany, except for subject of contents, and an executive summary Unless otherwise indicated, all merchandise produced and exported by of issues should accompany any briefs citations to the statute are references to SWT (which has a de minimis weighted- submitted to the Department. Executive the provisions effective January 1, 1995, average margin), that are entered, or summaries should be limited to five the effective date of the amendments withdrawn from warehouse, for pages total, including footnotes. Section made to the Tariff Act of 1930 (the Act) consumption on or after the date of 774 of the Act provides that the by the Uruguay Round Agreements Act publication of this notice in the Federal Department will hold a public hearing (URTAA). In addition, unless otherwise Register. We will instruct the Customs to afford interested parties an indicated, all citations to the Service to require a cash deposit or the opportunity to comment on arguments Department of Commerce’s (the posting of a bond equal to the weighted- raised in case or rebuttal briefs, Department’s) regulations are to the average amounts as indicated in the provided that such a hearing is provisions codified at 19 CFR part 351 chart below. These suspension-of- requested by an interested party. If a (April 2001).
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Significant Ministerial Error the beam is a shipping brace attached to depreciation expense ratio of 11.86 The Department is amending the maintain stability during transportation, percent in its calculations. The preliminary determination of sales at the beam is not removed from the scope petitioners allege, however, that the less than fair value in the antidumping definition by reason of such additional Department did not include the duty investigation of structural steel weldment, connector or attachment. depreciation expense ratio in the The merchandise subject to this beams from the Russian Federation to computer program when calculating investigation is classified in the reflect the correction of significant normal value. See letter from the Harmonized Tariff Schedule of the ministerial error made in the margin petitioners alleging ministerial errors in United States (‘‘HTSUS’’) at calculations regarding Nizhny Tagil Iron the Preliminary Determination (January subheadings 7216.32.0000, and Steel Works (Tagil), pursuant to 19 9, 2002). 7216.33.0030, 7216.33.0060, On January 14, 2002, we received a CFR 341.224(g)(1) and (g)(2). A 7216.33.0090, 7216.50.0000, timely submission from Tagil rebutting ministerial error is defined as an error 7216.61.0000, 7216.69.0000, the petitioners assertion that the in addition, subtraction, or other 7216.91.0000, 7216,99.0000, Department’s miscalculation of scrap arithmetic function, clerical error 7228.70.3040, and 7228.70.6000. value is a ministerial error as defined in resulting from inaccurate copying, Although the HTSUS subheadings are section 351.224(f) of the Department’s duplication, or the like, and any other provided for convenience and customs regulations. Tagil contends that similar type of unintentional error purposes, the written description of the according to section 351.224(f) of the which the Secretary considers merchandise under investigation is Department’s regulations, a ministerial ministerial. See 19 CFR 351.224(f). A dispositive. error is limited to an ‘‘error in addition, significant ministerial error is defined as subtraction, or other arithmetic Period of Investigation an error, the correction of which, singly function, clerical error resulting from or in combination with other errors, The period of investigation (POI) is inaccurate copying, duplication, or the would result in (1) a change of at least October 1, 2000, through March 31, like, and any other similar type of five absolute percentage points in, but 2001. unintentional error which the Secretary not less than 25 percent of, the Ministerial-Error Allegation considers ministerial.’’ Tagil argues weighted-average dumping margin further that the petitioners have offered calculated in the original (erroneous) On December 19, 2001, the no basis for their proposed revised preliminary determinations or (2) a Department issued its affirmative Polish inflation rate calculation and that difference between a weighted-average preliminary determination in this the Department’s regulations do not dumping margin of zero or de minimis proceeding. See Notice of Preliminary permit the submission of new factual and a weighted average dumping margin Determination of Sales at Less Than information by parties to amend the of greater than de minimis or vice versa. Fair Value and Postponement of Final preliminary results. Therefore, Tagil See 19 CFR 351.224(g). As a result of Determination: Structural Steel Beams requests that the Department reject the this amended preliminary from the Russian Federation, 66 FR petitioners’ proposed inflation determination, we have revised the 67197 (December 28, 2001) (Preliminary calculation revision. antidumping rate for Tagil. Determination. We have reviewed our preliminary On January 7, 2002, the Department Scope of Investigation calculations and agree that the error received a timely allegation of a which Tagil alleged is ministerial The scope of this investigation covers ministerial error in the Preliminary within the meaning of 19 CFR 351.224(f) doubly-symmetric shapes, whether hot- Determination from Tagil. Tagil alleged because we unintentionally added or cold- rolled, drawn, extruded, formed that because it reported its recovered by- Tagil’s by-products, scrap, and wastes or finished, having at least one products, scrap, and wastes values as values to its factors of production when dimension of at least 80 mm (3.2 inches negative values, the Department actually we intended to credit such values from or more), whether of carbon or alloy added these values to Tagil’s factors of Tagil’s factors of production. We also (other than stainless) steel, and whether production in the computer program agree that the errors which the or not drilled, punched, notched, when it attempted to credit them from petitioners alleged are ministerial errors painted, coated, or clad. These Tagil’s factors of production. Tagil within the meaning of 19 CFR 351.224(f) structural steel beams include, but are argues that the Department should because we inadvertently did not not limited to, wide-flange beams (‘‘W’’ revise its computer program and add include the amount for depreciation in shapes), bearing piles (‘‘HP’’ shapes), these values to its factors of production our computer program calculation of standard beams (‘‘S’’ or ‘‘I’’ shapes), and so it can properly credit the recovered normal value and we also inflated the M-shapes. All the products that meet by-products, scrap, and wastes values. scrap value using an incorrect average the physical and metallurgical See letter from Tagil alleging a consumer price index figure for the POI. descriptions provided above are within ministerial error in the Preliminary Furthermore, we determine these are the scope of this investigation unless Determination (January 7, 2002). ministerial errors which rise to the level otherwise excluded. The following On January 9, 2002, the Department of ‘‘significant errors’’ pursuant to 19 products are outside and/or specifically received a timely allegation of CFR 351.224(g)(1) and (g)(2), because excluded from the scope of this ministerial errors in the Preliminary together these ministerial errors result investigation: (1) Structural steel beams Determination from the petitioners. The in a change of at least five absolute greater than 400 pounds per linear foot, petitioners alleged two ministerial percentage points in, and not less than (2) structural steel beams that have a errors: (1) The Department used the 25 percent of, the weighted-average web or section height (also known as wrong numerator or denominator in dumping margin calculated in the depth) over 40 inches, and (3) structural calculating the POI inflator for scrap original (erroneous) preliminary steel beams that have additional value, and (2) the Department did not determination. Therefore, we are weldments, connectors or attachments include the amount for depreciation in amending the Preliminary to I-sections, H-sections, or pilings; the computer program. According to the Determination to reflect the correction however, if the only additional petitioners, the Department noted in its of these significant ministerial errors weldment, connector or attachment on preliminary results, that it used a made in the margin calculations for
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Tagil in that determination, pursuant to briefs. A list of authorities used, a table DATES: The meeting will be held on 19 CFR 351.224(e). See Tagil’s Amended of contents, and an executive summary February 26, 2002. Preliminary Calculation Memorandum of issues should accompany any briefs ADDRESSES: The meeting will be held at dated January 28, 2002. submitted to the Department. Executive the RurAL CAP Building, 731 Gambell summaries should be limited to five Amended Preliminary Determination Street, Anchorage, AK. pages total, including footnotes. Section Council address: North Pacific As a result of our correction of the 774 of the Act provides that the Fishery Management Council, 605 W. ministerial error, we have determined Department will hold a public hearing 4th Ave., Suite 306, Anchorage, AK that the following dumping margin to afford interested parties an 99501–2252. apply. In accordance with section opportunity to comment on arguments FOR FURTHER INFORMATION CONTACT: Jane 733(d)(2) of the Act, we are directing the raised in case or rebuttal briefs, DiCosimo, NPFMC, 907–271–2809. Customs Service to suspend liquidation provided that such a hearing is of all imports of subject merchandise requested by an interested party. If a SUPPLEMENTARY INFORMATION: The from the Russian Federation, that are request for a hearing is made in this meeting will begin at 10 a.m. in the entered, or withdrawn from warehouse, investigation, the hearing will Board Room of the RurAL CAP for consumption on or after the date of tentatively be held two days after the Building, and conclude by 4:30 p.m. publication of this notice in the Federal rebuttal-brief deadline date at the U.S. The committee has been tasked by the Register. We will instruct the Customs Department of Commerce, 14th Street Council to provide recommendations on Service to require a cash deposit or the and Constitution Avenue, NW., a proposed regulatory change to the posting of a bond equal to the weighted- Washington, DC 20230. Parties should halibut subsistence fishery regulations average amount as indicated in the chart confirm by telephone the time, date, and in Alaska that would allow proxy below. This suspension-of-liquidation place of the hearing 48 hours before the fishing in the halibut subsistence fishery instructions will remain in effect until scheduled time. in certain subsistence fishing areas. further notice. Interested parties who wish to request Although non-emergency issues not a hearing, or to participate if one is contained in this agenda may come Weighted- requested, must submit a written before this group for discussion, those Exporter/manufacturer average request to the Assistant Secretary for issues may not be the subject of formal percentage action during this meeting. Action will margin Import Administration, U.S. Department of Commerce, Room 1870, within 30 be restricted to those issues specifically Tagil ...... 108.37 days of the publication of this notice. identified in this notice and any issues Russia-wide rate ...... 108.37 Requests should contain: (1) The party’s arising after publication of this notice name, address, and telephone number; that require emergency action under Because Tagil is the sole respondent (2) the number of participants; and (3) section 305(c) of the Magnuson-Stevens in this investigation and the sole a list of the issues to be discussed. Oral Fishery Conservation and Management Russian producer or exporter with sales presentations will be limited to issues Act, provided the public has been or shipments of subject merchandise to raised in the briefs. notified of the Council’s intent to take the United States during the POI, the We will make our final determination final action to address the emergency. recalculated margin for Tagil also no later than May 13, 2001. Special Accommodations applies to the Russia-wide rate. As a This determination is issued and result of our amendment, the Russia- published in accordance with sections This meeting is physically accessible wide rate has also been amended, and 733(f) and 777(i)(1) of the Act and 19 to people with disabilities. Requests for applies to all entries of the subject CFR 351.224(e). sign language interpretation or other auxiliary aids should be directed to merchandise except for entries from Dated: January 24, 2002. Tagil. Helen Allen, 907–271–2809, at least 5 Faryar Shirzad, working days prior to the meeting date. International Trade Commission Assistant Secretary for Import Notification Administration. Dated: January 28, 2002. Richard W. Surdi, In accordance with section 733(f) of [FR Doc. 02–2414 Filed 1–30–02; 8:45 am] BILLING CODE 3510–DS–M Acting Director, Office of Sustainable the Act, we have notified the ITC of our Fisheries, National Marine Fisheries Service. amended preliminary determination. If [FR Doc. 02–2406 Filed 1–30–02; 8:45 am] our final determination is affirmative, DEPARTMENT OF COMMERCE BILLING CODE 3510–22–S the ITC will determine before the later of 120 days after the date of the National Oceanic and Atmospheric preliminary determination or 45 days Administration after our final determination whether DEPARTMENT OF ENERGY the domestic industry in the United [I.D. 011402G] Federal Energy Regulatory States is materially injured, or North Pacific Fishery Management Commission threatened with material injury, by Council; Public Meeting reason of imports, or sales (or the [Docket No. EL02–55–000] likelihood of sales) for importation, of AGENCY: National Marine Fisheries the subject merchandise. Service (NMFS), National Oceanic and Notice of Filing Public Comment Atmospheric Administration (NOAA), January 25, 2002. Commerce. Case briefs for this investigation must Cogen Lyondell, Inc. ACTION: Notice of a committee meeting. be submitted to the Department no later Oyster Creek Limited Dynegy Power Corp than seven days after the date of the SUMMARY: The North Pacific Fishery Baytown Energy Center, L.P. final verification report issued in this Management Council’s (Council) Channel Energy Center, L.P. proceeding. Rebuttal briefs must be filed Halibut Subsistence Committee will Clear Lake Cogeneration, L.P. five days from the deadline date for case meet in Anchorage, AK. Corpus Christi Cogeneration, L.P.
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Pasadena Cogeneration, L.P. DEPARTMENT OF ENERGY may be filed electronically via the Texas City Cogeneration, L.P. internet in lieu of paper. See, 18 CFR Calpine Corporation, and Gregory Power Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions Partners, L.P. Commission on the Commission’s web site at http:/ /www.ferc.fed.us/efi/doorbell.htm. Take notice that on January 23, 2002, [Docket No. ER02–510–000] Cogen Lyondell, Inc. Oyster Creek C.B. Spencer, TPS Dell, LLC; Notice of Issuance of Limited, Dynegy Power Corp., Baytown Acting Secretary. Order Energy Center, L.P. Channel Energy [FR Doc. 02–2290 Filed 1–30–02; 8:45 am] Center, L.P., Clear Lake Cogeneration, January 25, 2002. BILLING CODE 6717–01–P L.P., Corpus Christi Cogeneration, L.P., TPS Dell, LLC (TPS Dell) submitted Pasadena Cogeneration, L.P., Texas City for filing a tariff that provides for the DEPARTMENT OF ENERGY Cogeneration, L.P., Calpine Corporation, sales of capacity, energy, and ancillary and Gregory Power Partners, L.P. (Texas services at market-based rates and for Federal Energy Regulatory QF’s or Petitioners) tendered for filing the reassignment of transmission Commission with the Federal Energy Regulatory capacity. TPS Dell also requested waiver Commission (Commission) a petition for of various Commission regulations. In [Docket No. ER02–501–000] enforcement of PURPA against the particular, TPS Dell requested that the Great Northern Paper, Inc.; Notice of Public Utility Commission of Texas Commission grant blanket approval Issuance of Order (PUCT), American Electric Power/ under 18 CFR part 34 of all future Central and Southwest Corporation, issuances of securities and assumptions January 25, 2002. Texas Utilities, and Reliant, Inc. of liability by TPS Dell. Great Northern Paper, Inc. (Great Any person desiring to intervene or to On January 22, 2002, pursuant to Northern) submitted for filing a rate protest this filing should file with the delegated authority, the Director, Office schedule that provides for the sale of Federal Energy Regulatory Commission, of Markets, Tariffs and Rates-Central, capacity, energy, and/or ancillary 888 First Street, NE., Washington, DC granted requests for blanket approval services at market-based rates and for under Part 34, subject to the following: 20426, in accordance with Rules 211 the reassignment of transmission Any person desiring to be heard or to and 214 of the Commission’s Rules of capacity. Great Northern also requested protest the blanket approval of Practice and Procedure (18 CFR 385.211 waiver of various Commission issuances of securities or assumptions of regulations. In particular, Great and 385.214). Protests will be liability by TPS Dell should file a Northern requested that the Commission considered by the Commission in motion to intervene or protest with the grant blanket approval under 18 CFR determining the appropriate action to be Federal Energy Regulatory Commission, Part 34 of all future issuances of taken, but will not serve to make 888 First Street, NE., Washington, DC securities and assumptions of liability protestants parties to the proceeding. 20426, in accordance with rules 211 and by Great Northern. Any person wishing to become a party 214 of the Commission’s rules of On January 22, 2002, pursuant to must file a motion to intervene. All such practice and procedure (18 CFR 385.211 delegated authority, the Director, Office motions or protests should be filed on and 385.214). of Markets, Tariffs and Rates-Central, or before the comment date, and, to the Absent a request to be heard in granted requests for blanket approval extent applicable, must be served on the opposition within this period, TPS Dell under Part 34, subject to the following: applicant and on any other person is authorized to issue securities and Any person desiring to be heard or to designated on the official service list. assume obligations or liabilities as a protest the blanket approval of This filing is available for review at the guarantor, indorser, surety, or otherwise issuances of securities or assumptions of Commission or may be viewed on the in respect of any security of another liability by Great Northern should file a Commission’s Web site at http:// person; provided that such issuance or motion to intervene or protest with the www.ferc.gov using the ‘‘RIMS’’ link, assumption is for some lawful object Federal Energy Regulatory Commission, select ‘‘Docket #’’ and follow the within the corporate purposes of TPS 888 First Street, N.E., Washington, D.C. instructions (call 202–208–2222 for Dell, compatible with the public 20426, in accordance with Rules 211 assistance). Protests and interventions interest, and is reasonably necessary or and 214 of the Commission’s Rules of may be filed electronically via the appropriate for such purposes. Practice and Procedure (18 CFR 385.211 Internet in lieu of paper; see 18 CFR The Commission reserves the right to and 385.214). 385.2001(a)(1)(iii) and the instructions require a further showing that neither Absent a request to be heard in public nor private interests will be opposition within this period, Great on the Commission’s Web site under the adversely affected by continued Northern is authorized to issue ‘‘e-Filing’’ link. approval of TPS Dell’s issuances of securities and assume obligations or Comment Date: February 4, 2002. securities or assumptions of liability. liabilities as a guarantor, indorser, C.B. Spencer, Notice is hereby given that the surety, or otherwise in respect of any deadline for filing motions to intervene security of another person; provided Acting Secretary. or protests, as set forth above, is that such issuance or assumption is for [FR Doc. 02–2368 Filed 1–30–02; 8:45 am] February 21, 2002. some lawful object within the corporate BILLING CODE 6717–01–M Copies of the full text of the Order are purposes of Great Northern, compatible available from the Commission’s Public with the public interest, and is Reference Branch, 888 First Street, NE., reasonably necessary or appropriate for Washington, DC 20426. The Order may such purposes. also be viewed on the Internet at http:/ The Commission reserves the right to /www.ferc.fed.us/online/rims.htm (call require a further showing that neither 202–208–2222 for assistance). public nor private interests will be Comments, protests, and interventions adversely affected by continued
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approval of Great Northern’s issuances located at 11211 Point East Drive, with information about their customers, of securities or assumptions of liability. Rancho Cordova, California. and any contracts, tariffs, and service Notice is hereby given that the For further information, please agreements. deadline for filing motions to intervene contact Elizabeth Molloy at (202) 208– Comment Date: February 12, 2002. or protests, as set forth above, is 0771 or John Mudre at (202) 219–1208. 3. Duke Energy Washington, LLC February 21, 2002. C.B. Spencer, Copies of the full text of the Order are [Docket No. ER02–795–000] Acting Secretary. available from the Commission’s Public Take notice that on January 18, 2002, Reference Branch, 888 First Street, N.E., [FR Doc. 02–2291 Filed 1–30–02; 8:45 am] Duke Energy Washington, LLC (Duke Washington, D.C. 20426. The Order may BILLING CODE 6717–01–P Washington) tendered for filing also be viewed on the Internet at pursuant to section 205 of the Federal http://www.ferc.fed.us/online/rims.htm Power Act its proposed FERC Electric DEPARTMENT OF ENERGY (call 202–208–2222 for assistance). Tariff No. 1. Comments, protests, and interventions Federal Energy Regulatory Duke Washington seeks authority to may be filed electronically via the Commission sell energy and capacity, as well as internet in lieu of paper. See, 18 CFR ancillary services, at market-based rates, 385.2001(a)(1)(iii) and the instructions [Docket No. EL01–122–001, et al.] together with certain waivers and on the Commission’s web site at preapprovals. Duke Washington also PJM Interconnection, L.L.C., et al.; http://www.ferc.fed.us/efi/doorbell.htm. seeks authority to sell, assign, or transfer Electric Rate and Corporate Regulation transmission rights that it may acquire C.B. Spencer, Filings in the course of its marketing activities. Acting Secretary. Duke Washington seeks an effective date [FR Doc. 02–2289 Filed 1–30–02; 8:45 am] January 25, 2002. Take notice that the following filings 60 days from the date of filing for its BILLING CODE 6717–01–P have been made with the Commission. proposed rate schedules. Any comments should be submitted in Comment Date: February 8, 2002. DEPARTMENT OF ENERGY accordance with Standard Paragraph E 4. California Independent System at the end of this notice. Operator Corporation Federal Energy Regulatory 1. PJM Interconnection, L.L.C. Commission [Docket No. ER02–798–000] [Docket No. EL01–122–001] Take notice that the California [Project No. 184–065 California] Take notice that on January 22, 2002, Independent System Operator El Dorado Irrigation District; Notice of PJM Interconnection, L.L.C. (PJM) Corporation, (ISO) on January 18, 2002, Public Meetings tendered for filing, pursuant to the tendered for filing a Participating Commission’s December 20, 2001 Generator Agreement between the ISO January 25, 2002. ‘‘Order Requiring the Filing of New and Gilroy Energy Center, LLC for The Federal Energy Regulatory Oversight Measures and Terminating acceptance by the Commission. Commission (Commission) is reviewing Investigation’’ and section 206 of the The ISO states that this filing has been the application for a new license for the Federal Power Act, revisions to the PJM served on Gilroy Energy Center, LLC El Dorado Project (FERC No. 184), Open Access Transmission Tariff, the and the California Public Utilities which was filed on February 22, 2000. Amended and Restated Operating Commission. The ISO is requesting The El Dorado Project, licensed to the El Agreement of PJM Interconnection, waiver of the 60-day notice requirement Dorado Irrigation District (EID), is L.L.C., and the PJM Transmission to allow the Participating Generator located on the South Fork American Owners Agreement to implement the Agreement to be made effective River, in El Dorado, Alpine, and transmission oversight procedures and September 7, 2001. Amador Counties, California. The practices described by PJM in its Comment Date: February 8, 2002. project occupies lands of the Eldorado November 2, 2001 transmission 5. Occidental Energy Marketing, Inc. National Forest. oversight report in Docket No. EL01– The EID, several state and federal 122–000. [Docket No. ER02–799–000] agencies, and several non-governmental Copies of this filing have been served Take notice that on January 18, 2002, agencies have asked the Commission for on all PJM Members and the state Occidental Energy Marketing, Inc. time to work collaboratively with a electric regulatory commissions in the (OEMI) petitioned the Federal Energy facilitator to resolve certain issues PJM control area. Regulatory Commission (Commission) relevant to this proceeding. These Comment Date: February 12, 2002. for acceptance of Occidental Energy meetings are a part of that collaborative Marketing, Inc. FERC Electric Rate 2. International Transmission Company process. On Monday, February 11, there Schedule No. 1; the issuance of certain will be a meeting of the aquatics- [Docket Nos. ER01–3000–003, RT01–101–003 blanket authorizations, and an hydrology workgroup. On Tuesday, and, EC01–146–003] authorization to sell electric capacity February 12, the recreation- Take notice that on January 22, 2002, and energy at market-based rates; and socioeconomics-visual resources International Transmission Company the waiver of certain Commission workgroup will meet. The meetings will (International Transmission) and DTE regulations. focus on further defining interests and Energy Company tendered a filing in OEMI intends to engage in wholesale the development of strategies to meet compliance with an order of the Federal electric capacity and energy purchases objectives. We invite the participation of Energy Regulatory Commission and sales as an electric power marketer. all interested governmental agencies, (Commission) issued on December 20, OEMI is not in the business of electric non-governmental organizations, and 2001, in the above-referenced dockets. power generation or transmission. OEMI the general public in this meeting. The December 20 Order directs is affiliated, however, with four Both meetings will be held from 9 am Applicants to submit a final updated list ‘‘qualifying facilities’’ under PURPA until 4 pm in the Sacramento Marriott, of all jurisdictional facilities, together and proposes to market some affiliate-
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generated electric power. OEMI is a service from ComEd to Alliant for the 12. Wisconsin Electric Power Company wholly owned subsidiary of Occidental period January 1, 2002 to April 1, 2003. [Docket No. ER02–806–000] Petroleum Corporation, which, through ComEd requests an effective date of Take notice that on January 18, 2002, affiliates, explores for, develops, January 1, 2002, and accordingly seeks Wisconsin Electric Power Company produces and markets crude oil and waiver of the Commission’s notice (Wisconsin Electric) tendered for filing natural gas and manufactures and requirements. A copy of this filing was a fully executed Master Power Purchase markets a variety of basic chemicals as served on Alliant. and Sale Agreement (Master well as specialty chemicals. Agreement), designated as FERC Electric Comment Date: February 8, 2002. Comment Date: February 8, 2002. Rate Schedule No. 108, between 6. Michigan Electric Transmission 9. Southwest Power Pool, Inc. Wisconsin Electric and Ameren Energy Company and Consumers Energy [Docket No. ER02–803–000] Inc., as agent for and on behalf of Union Company Electric Company d/b/a Amerenue, and Take notice that on January 18, 2002 [Docket No. ER02–800–000] Ameren Energy Generating Company Southwest Power Pool, Inc. (SPP) (Ameren). The Master Agreement sets Take notice that on January 18, 2002, submitted for filing four executed forth the general terms and conditions Consumers Energy Company service agreements for Firm Point-to- pursuant to which Wisconsin Electric (Consumers) and Michigan Electric point Transmission Service with and Ameren will enter into transactions Transmission Company (Michigan Southwestern Public Service Company for the purchase and sale of electric Transco) tendered for filing a Second d.b.a. Xcel Energy (Transmission capacity, energy, or other product Supplemental Notice of Succession and Customer), as Service Agreements No. related thereto. Wisconsin Electric a Revised Rate Schedule for Consumers 598 through 601. requests that this Master Agreement related to the transfer of transmission SPP seeks an effective date of March become effective immediately. assets from Consumers to Michigan 1, 2002 for Service Agreement 598, and Comment Date: February 8, 2002. Transco. The Second Supplemental an effective date of January 1, 2002 for 13. California Independent System Notice of Succession, and Revised Rate Service Agreement Nos. 599 through Operator Corporation Schedule are to become effective April 601. A copy of this filing was served on 1, 2001. the Transmission Customer. [Docket No. ER02–807–000] A full copy of the filing was served Comment Date: February 8, 2002. Take notice that on January 18, 2002, upon the Michigan Public Service the California Independent System Commission, and Customers Michigan 10. Wisconsin Power and Light Operator Corporation, (ISO) tendered for South Central Power Authority, Company filing with the Federal Energy Michigan Public Power Authority and [Docket No. ER02–804–000] Regulatory Commission (Commission) a Wolverine Power Supply Cooperative Meter Service Agreement for ISO were sent the Notice of Succession and Take notice that on January 18, 2002, Metered Entities between the ISO and related materials. Wisconsin Power and Light Company Gilroy Energy Center, LLC for Comment Date: February 8, 2002. (WPL), tendered for filing a Service acceptance by the Commission. 7. Maclaren Energy Inc. Agreement with WPPI and request to The ISO states that this filing has been terminate Service Agreement No. 39 served on Gilroy Energy Center, LLC [Docket No. ER02–801–000] under FERC Electric Tariff, Original and the California Public Utilities Take notice that on January 18, 2002, Volume No. 5. WPL indicates that Commission. The ISO is requesting Maclaren Energy Inc. (Maclaren) copies of the filing have been provided waiver of the 60-day notice requirement submitted for filing with the Federal to WPPI, Prairie du Sac and the Public to allow the Meter Service Agreement Energy Regulatory Commission Service Commission of Wisconsin. for ISO Metered Entities to be made (Commission) a letter approving its Comment Date: February 8, 2002. effective September 7, 2001. membership with the Western Systems Comment Date: February 8, 2002. Power Pool (WSPP). Maclaren requests 11. Wisconsin Electric Power Company 14. Northern States Power Company, that the Commission allow its [Docket No. ER02–805–000] membership in the WSPP to become (Minnesota) and Northern States Power effective on January 21, 2002. Take notice that on January 18, 2002, Company (Wisconsin) Maclaren states that a copy of this Wisconsin Electric Power Company [Docket No. ER02–808–000] filing has been provided to the WSPP (Wisconsin Electric) tendered for filing Take notice that on January 22, 2002, Executive Committee, the General a fully executed Master Power Purchase Northern States Power Company and Counsel, and the members of the WSPP. and Sale Agreement (Master Northern States Power Company Comment Date: February 8, 2002. Agreement), designated as FERC Electric (Wisconsin) jointly tendered for filing Rate Schedule No. 109, between 8. Commonwealth Edison Company revised tariffs sheets to NSP Electric Wisconsin Electric and Ameren Energy Rate Schedule FERC No. 2, contained in [Docket No. ER02–802–000] Marketing Company. The Master Xcel Energy Operating Companies FERC Take notice that on January 18, 2002, Agreement sets forth the general terms Electric Tariff, Original Volume Number Commonwealth Edison Company and conditions pursuant to which 3. The revised tariff sheets provide the (ComEd) submitted for filing an Wisconsin Electric and Ameren Energy annual update to Exhibits VII, VIII, and executed Dynamic Scheduling Marketing Company will enter into IX of the ‘‘Restated Agreement to Agreement (DSA) with Alliant Energy transactions for the purchase and sale of Coordinate Planning and Operations (Alliant) under the terms of ComEd’s electric capacity, energy, or other and Interchange Power and Energy Open Access Transmission Tariff product related thereto. Wisconsin between Northern States Power (OATT). The DSA provides the Electric requests that this Master Company (Minnesota) and Northern necessary arrangements for Dynamic Agreement become effective States Power Company (Wisconsin),’’ Scheduling under a Service Agreement immediately. accepted for filing in Docket No. ER01– for firm point-to-point transmission Comment Date: February 8, 2002. 1014–000.
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The NSP Companies request an filing, however, has been served on the Comment Date: February 12, 2002. effective date of January 1, 2002, Michigan Public Service Commission as 20. Southwest Power Pool, Inc. without suspension. The NSP a courtesy. Companies state that a copy of the filing Comment Date: February 12, 2002. [Docket No. ER02–796–000] has been served upon the State 17. Kansas Gas and Electric Company Take notice that on January 22, 2002, Commissions of Michigan, Minnesota, Southwest Power Pool, Inc. (SPP) North Dakota, South Dakota and [Docket No. ER02–811–000] submitted for filing an executed service Wisconsin. Take notice that on January 22, 2002, agreement for Firm Point-to-Point Comment Date: February 12, 2002. Western Resources, Inc. (d.b.a. Westar transmission Service with UtiliCorp 15. Pacific Gas and Electric Company Energy), on behalf of its wholly-owned United, Inc. (Transmission Customer). subsidiary Kansas Gas and Electric SPP seeks an effective date of January [Docket No. ER02–810–000] Company (KGE) (d.b.a. Westar Energy), 1, 2002 for this service agreement. A Take notice that on January 22, 2002, submitted for filing an Order 614 copy of this filing was served on the Pacific Gas and Electric Company compliant version of KGE’s Unit Transmission Customer. (PG&E) tendered for filing an Participation Power Agreement with Comment Date: February 12, 2002. amendment letter agreement Midwest Energy, Inc. (MWE), FERC No. (Amendment) to the Generator Special 184, dated November 17, 1993. The 21. Astoria Energy LLC Facilities and Interconnection purpose of this filing is to amend the [Docket No. ER01–3103–001] Agreements between Geysers Power previously signed Agreement between Take notice that on January 22, 2002, Company, LLC and PG&E (collectively, the parties to allow certain transactions Astoria Energy LLC (Astoria Energy) Parties). The Amendment extends the to be priced at rates below those filed with the Federal Energy Regulatory term of the Agreements. The filing does established by the Agreement as Commission (Commission) an not modify any rate levels. mutually agreed by the parties. This Amendment (Amendment) to its The Agreements were originally agreement is proposed to be effective Petition for Acceptance of Initial Rate accepted for filing by the Commission in January 1, 2002. Schedule, Waivers & Blanket Authority, FERC Docket No. ER00–3294–001 and Copies of the filing were served upon Docket No. ER01–3103–000. Astoria designated as Service Agreement No. 1 MWE and the Kansas Corporation Energy’s Amendment is filed pursuant under FERC PG&E Electric Tariff, Sixth Commission. to section 205 of the Federal Power Act Revised Volume No. 5. Comment Date: February 12, 2002. and Rules 205 and 207 of the Copies of this filing were served upon 18. New England Power Company Commission’s rules of Practice. Geysers Power Company, LLC, the Comment Date: February 12, 2002. California Independent System Operator [Docket No. ER02–812–000] Corporation, and the California Public Take notice that on January 22, 2002, Standard Paragraph Utilities Commission. New England Power Company (NEP) E. Any person desiring to be heard or Comment Date: February 12, 2002. submitted Original Service Agreement to protest such filing should file a No. 210 for Firm Local Generation 16. Renewable Energy Resources, LLC motion to intervene or protest with the Delivery Service between NEP and Federal Energy Regulatory Commission, [Docket No. ER02–809–000] Wheelabrator North Andover Inc. under 888 First Street, NE, Washington, DC Take notice that on January 22, 2002, NEP’s open access transmission tariff— 20426, in accordance with Rules 211 Renewable Energy Resources, LLC, a FERC Electric Tariff, Second Revised and 214 of the Commission’s Rules of Michigan limited liability company, Volume No. 9. Practice and Procedure (18 CFR 385.211 (Applicant) petitioned the Federal Comment Date: February 12, 2002. and 385.214). All such motions or Energy Regulatory Commission 19. Wolverine Power Supply protests should be filed on or before the (Commission) for acceptance of Cooperative, Inc. comment date. Protests will be Renewable Energy Resources, LLC’s considered by the Commission in FERC Electric Rate Schedule No. 1; the [Docket No. ER02–813–000] determining the appropriate action to be granting of certain blanket Take notice that on January 22, 2002, taken, but will not serve to make authorizations, including the authority Wolverine Power Supply Cooperative, protestants parties to the proceeding. to sell electric energy and capacity to Inc., submitted for filing proposed Any person wishing to become a party wholesalers at market-based rates; and changes to its First Revised Rate must file a motion to intervene. Copies the waiver of certain Commission Schedule FERC No. 4—Wholesale of this filing are on file with the regulations. Service to Member Distribution Commission and are available for public Applicant intents to engage in Cooperatives. The proposed change inspection. This filing may also be wholesale electric power and energy consists of a First Revised Page No. viewed on the Web at http:// purchases and sales as a marketer. 14.00, Rider ‘‘SB’’, to replace the www.ferc.gov using the ‘‘RIMS’’ link, Applicant is not in the business of Original Page No. 14.00, Rider ‘‘SB.’’ select ‘‘Docket#’’ and follow the generating or transmitting electric Wolverine requests an effective date of instructions (call 202–208–2222 for power. Applicant neither owns or February 1, 2002, for this First Revised assistance). Comments, protests and controls any transmission or operating Page No. 14.00. interventions may be filed electronically generational facilities, or has a Wolverine states that a copy of this via the Internet in lieu of paper. See, 18 franchised service area for the sale of filing has been served upon its member CFR 385.2001(a)(1)(iii) and the electricity to captive customers. cooperatives: Cherryland Electric instructions on the Commission’s Web Applicant is a privately owned Cooperative, Great Lakes Energy, site under the ‘‘e-Filing’’ link. company, and is not engaged in any Presque Isle Electric & Gas Co-op, other businesses. HomeWorks Tri-County Electric C.B. Spencer, Applicant does not currently sell Cooperative, Wolverine Power Acting Secretary. power to any person pursuant to the Marketing Cooperative, and the [FR Doc. 02–2367 Filed 1–30–02; 8:45 am] proposed Rate Schedule. A copy of its Michigan Public Service Commission. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY (Hanging Rock Plant) which will be whenever it considers the issuance of a constructed in Lawrence County, Ohio, Certificate of Public Convenience and Federal Energy Regulatory by Duke Energy Hanging Rock, L.L.C. Necessity. NEPA also requires us 3 to Commission The pipeline facilities would allow discover and address concerns the [Docket No. CP02–45–000] Texas Eastern to provide a total of public may have about proposals. We 250,000 dekatherms per day (dth/d) of call this ‘‘scoping’’. The main goal of the Texas Eastern Transmission. L.P.; transportation service to the Hanging scoping process is to focus the analysis Notice of Intent To Prepare an Rock Plant. Texas Eastern proposes to in the EA on the important Environmental Assessment for the have these facilities in service by environmental issues. By this Notice of Proposed Hanging Rock Lateral November 1, 2002. Texas Eastern seeks Intent, the Commission requests public Project and Request for Comments on authority to construct and operate: comments on the scope of the issues it Environmental Issues • 9.6 miles of 24-inch-diameter will address in the EA. All comments pipeline extending from milepost (MP) received are considered during the January 25, 2002. 562.18 on Texas Eastern’s 30-inch- preparation of the EA. State and local The staff of the Federal Energy diameter Line Nos. 10 and 15 (the Texas government representatives are Regulatory Commission (FERC or Eastern Interconnect) in Scioto County, encouraged to notify their constituents Commission) will prepare an Ohio, to the Hanging Rock Plant in of this proposed action and encourage environmental assessment (EA) that will Lawrence County, Ohio; them to comment on their areas of discuss the environmental impacts of • 150 feet of 20-inch-diameter concern. the Hanging Rock Lateral Project pipeline at the Texas Eastern The EA will discuss impacts that involving construction and operation of Interconnect; • could occur as a result of the facilities by Texas Eastern 150 feet of 12-inch-diameter construction and operation of the Transmission, L.P. (Texas Eastern) in pipeline at MP 2.1 on the Hanging Rock proposed project under these general 1 (Scioto and Lawrence Counties, Ohio). Lateral to interconnect with the existing headings: These facilities would consist of about Tennessee Gas Pipeline Company • 9.6 miles of 24-inch-diameter pipeline. (Tennessee) pipeline Scioto County, geology and soils This EA will be used by the Ohio; • water resources, fisheries, and Commission in its decision-making • 2 new metering and regulating wetlands process to determine whether the (M&R) stations (the Tennessee • vegetation and wildlife project is in the public convenience and Interconnect) at MP 2.1 in Scioto • endangered and threatened species County, Ohio, where the Hanging Rock necessity. • public safety Lateral and the Tennessee pipeline If you are a landowner receiving this • notice, you may be contacted by a cross; land use • pipeline company representative about • the Hanging Rock Plant M&R cultural resources the acquisition of an easement to station on the Hanging Rock Plant • air quality and noise construct, operate, and maintain the property at MP 9.6 in Lawrence County, • hazardous waste proposed facilities. The pipeline Ohio; and • appurtenant facilities. We will also evaluate possible company would seek to negotiate a alternatives to the proposed project or mutually acceptable agreement. The location of the project facilities is shown in appendix 2.2 portions of the project, and make However, if the project is approved by recommendations on how to lessen or the Commission, that approval conveys Land Requirements for Construction avoid impacts on the various resource with it the right of eminent domain. Construction of the proposed facilities areas. Alternatives routes that may be Therefore, if easement negotiations fail would require about 146.9 acres of land evaluated include moving segments of to produce an agreement, the pipeline including the construction right-of-way, the project to the east side of the Norfolk company could initiate condemnation extra work spaces, access roads, and & Western Railroad tracks. proceedings in accordance with state pipeyards. Following construction, Our independent analysis of the law. about 0.86 acre would be maintained as issues will be in the EA. Depending on A fact sheet prepared by the FERC new aboveground facility sites. The the comments received during the entitled ‘‘An Interstate Natural Gas remaining 146.04 acres of land would be scoping process, the EA may be Facility On My Land? What Do I Need restored and allowed to revert to its published and mailed to Federal, state, To Know?’’ was attached to the project former use. About 57.8 acres of this total and local agencies, public interest notice Texas Eastern provided to would be within the permanent pipeline groups, interested individuals, affected landowners. This fact sheet addresses a right-of-way. landowners, newspapers, libraries, and number of typically asked questions, the Commission’s official service list for including the use of eminent domain The EA Process this proceeding. A comment period will and how to participate in the The National Environmental Policy be allotted for review if the EA is Commission’s proceedings. It is Act (NEPA) requires the Commission to published. We will consider all available for viewing on the FERC take into account the environmental comments on the EA before we make Internet website (www.ferc.gov). impacts that could result from an action our recommendations to the Summary of the Proposed Project Commission. 2 The appendices referenced in this notice are not • Texas Eastern wants to construct a being printed in the Federal Register. Copies are To ensure your comments are pipeline lateral to provide service to the available on the Commission’s website at the considered, please carefully follow the Hanging Rock Power Plant, a 1,240 ‘‘RIMS’’ link or from the Commission’s Public instructions in the public participation Reference and Files Maintenance Branch, 888 First section beginning on page 5. megawatt gas-fired electric power plant Street, N.E., Washington, D.C. 20426, or call (202) 208–1371. For instructions on connecting to RIMS 1 Texas Eastern’s application was filed with the refer to the last page of this notice. Copies of the 3 ’’We’’, ‘‘us’’, and ‘‘our’’ refer to the Commission under Section 7 of the Natural Gas Act appendices were sent to all those receiving this environmental staff of the Office of Energy Projects and Part 157 of the Commission’s regulations. notice in the mail. (OEP).
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Currently Identified Environmental • Mail your comments so that they Similarly, the ‘‘CIPS’’ link on the Issues will be received in Washington, DC on FERC Internet website provides access or before (February 25, 2002). to the texts of formal documents issued We have already identified several Comments may also be filed by the Commission, such as orders, issues that we think deserve attention electronically via the Internet in lieu of notices, and rulemakings. From the based on a preliminary review of the paper. See 18 CFR 385.2001(a)(1)(iii) FERC Internet website, click on the proposed facilities and the and the instructions on the ‘‘CIPS’’ link, select ‘‘Docket #’’ from the environmental information provided by Commission’s web site at http:// CIPS menu, and follow the instructions. Texas Eastern. This preliminary list of www.ferc.gov under the ‘‘e-Filing’’ link For assistance with access to CIPS, the issues may be changed based on your and the link to the User’s Guide. Before CIPS helpline can be reached at (202) comments and our analysis. • you can file comments you will need to 208–2474. Six perennial and 8 intermittent create an account which can be created waterbodies would be crossed by open by clicking on ‘‘Login to File’’ and then C.B. Spencer, cut. Acting Secretary. • ‘‘New User Account.’’ About 4.53 acres of wetlands, We may mail the EA for comment. If [FR Doc. 02–2288 Filed 1–30–02; 8:45 am] including about 2.47 acres of forested you are interested in receiving it, please BILLING CODE 6717–01–P wetlands, would be crossed. return the Information Request • About 7.23 acres of upland forest (appendix 3). If you do not return the would be cleared. Information Request, you will be taken DEPARTMENT OF ENERGY • Three federally listed endangered or off the mailing list. threatened species may occur in the Federal Energy Regulatory proposed project area. Becoming an Intervenor Commission • About 117.7 acres of prime In addition to involvement in the EA Notice of Intent To File Application for agricultural land would be affected, scoping process, you may want to a New License including a total of about 0.86 acre of become an official party to the prime farmland soils that would convert proceeding known as an ‘‘intervenor’’. January 25, 2002. to industrial use. Intervenors play a more formal role in Take notice that the following notice • About 3.9 acres of residential the process. Among other things, of intent has been filed with the property would be affected. intervenors have the right to receive Commission and is available for public • A total of 16 residences are within copies of case-related Commission inspection: 50 feet of the construction work area documents and filings by other a. Type of filing: Notice of Intent to and 8 of these are within 10 feet. intervenors. Likewise, each intervenor File an Application for New License. • A total of 2 businesses are within 40 must provide 14 copies of its filings to b. Project No: 2100. feet of the construction right-of-way and the Secretary of the Commission and c. Date filed: January 11, 2002. 1 business is within 10 feet. must send a copy of its filings to all d. Submitted By: California Also, we have made a preliminary other parties on the Commission’s Department of Water Resources. service list for this proceeding. If you e. Name of Project: Feather River. decision to not address the impacts of f. Location: The Oroville Division, the nonjurisdictional facilities. We will want to become an intervenor you must file a motion to intervene according to State Water Facilities are located on the briefly describe their location and status Feather River, near the City of Oroville, in the EA. Rule 214 of the Commission’s Rules of Practice and Procedure (18 CFR in Butte County, California. Public Participation 385.214) (see appendix 2).4 Only g. Filed Pursuant to: Section 15 of the intervenors have the right to seek Federal Power Act, 18 CFR 16.6. You can make a difference by h. Pursuant to Section 16.19 of the providing us with your specific rehearing of the Commission’s decision. Affected landowners and parties with Commission’s regulations, the licensee comments or concerns about the project. is required to make available the By becoming a commentor, your environmental concerns may be granted intervenor status upon showing good information described in section 16.7 of concerns will be addressed in the EA the regulations. Such information is and considered by the Commission. You cause by stating that they have a clear and direct interest in this proceeding available from the licensee at The should focus on the potential California Department of Water environmental effects of the proposal, which would not be adequately represented by any other parties. You do Resources, 1416 Ninth Street, Room alternatives to the proposal (including 742, Sacramento, California 94236– alternative locations/routes), and not need intervenor status to have your environmental comments considered. 0001. measures to avoid or lessen i. FERC Contact: James Fargo, 202– environmental impact. The more Additional information about the proposed project is available from the 219–2848, [email protected]. specific your comments, the more useful j. Expiration Date of Current License: they will be. Please carefully follow Commission’s Office of External Affairs at (202) 208–1088 or on the FERC January 31, 2007. these instructions to ensure that your k. Project Description: The Oroville comments are received in time and website (www.ferc.gov) using the ‘‘RIMS’’ link to information in this facilities consist of the existing Oroville properly recorded: Dam and Reservoir, the Edward Hyatt • Send an original and two copies of docket number. Click on the ‘‘RIMS’’ link, select ‘‘Docket#’’ from the RIMS Powerplant, Thermalito Powerplant, your letter to: Linwood A. Watson, Jr., Thermalito Diversion Dam Powerplant, Acting Secretary, Federal Energy Menu, and follow the instructions. For assistance with access to RIMS, the Thermalito Forebay and Afterbay, and Regulatory Commission, 888 First St., associated recreational and fish and N.E., Room 1A, Washington, DC 20426 RIMS helpline can be reached at (202) 208–2222. wildlife facilities. The project has a total • Label one copy of the comments for installed capacity of 762,000 kilowatts.
the attention of Gas 2. 4 l. The licensee states its unequivocal • Interventions may also be filed electronically via Reference Docket No. CP02–045– the Internet in lieu of paper. See the previous intent to submit an application for a 000. discussion on filing comments electronically. new license for Project No. 2100.
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Pursuant to 18 CFR 16.9(b)(1) each Internet in lieu of paper. See, 18 CFR DEPARTMENT OF ENERGY application for a new license and any 385.2001(a)(1)(iii) and the instructions competing license applications must be on the Commission’s Web site under the Federal Energy Regulatory filed with the Commission at least 24 ‘‘e-Filing’’ link. Please include the Commission months prior to the expiration of the project number (P–1494–224) on any [Docket Nos. RM01–12–000 et al.] existing license. All applications for comments or motions filed. license for this project must be filed by k. Description of Project: Grand River Electricity Market Design and January 31, 2005. Dam Authority, licensee for the Structure; Notice of Technical A copy of the notice of intent is Pensacola Project, requests approval to Conference available for inspection and grant permission to Southwinds Marina reproduction at the Commission’s January 24, 2002. to install two new docks with 51 slips. Public Reference Room, located at 888 In the matter of RT01–2–001, RT01–10– The modifications would result in a First Street, NE, Room 2A, Washington, 000, RT01–15–000, RT01–34–000, RT01–35– total facility configuration of 6 docks DC 20426, or by calling (202) 208–1371. 000, RT01–67–000, RT01–74–000, RT01–75– with 144 slips. The proposed project is 000, RT01–77–000, RT01–85–000, RT01–86– The notice may be viewed on http:// on Grand Lake in Section 35, Township 000, RT01–87–000, RT01–88–000, RT01–94– www.ferc.fed.us/online/rims.htm (call 25 North, Range 22 East, Delaware 000, RT01–95–000, RT01–98–000, RT01–99– (202) 208–2222 for assistance). A copy County. 000, RT01–100–000, RT02–1–000, EL02–9– is also available for inspection and 000, PJM Interconnection, L.L.C., Allegheny reproduction at the address in item h l. Locations of the application: A copy Electric Cooperative, Inc., Atlantic City above. of the application is available for Electric Company, Baltimore Gas & Electric inspection and reproduction at the Company, Delmarva Power & Light C.B. Spencer, Commission’s Public Reference Room, Company, Jersey Central Power & Light Acting Secretary. located at 888 First Street, NE, Room Company, Metropolitan Edison Company, [FR Doc. 02–2292 Filed 1–30–02; 8:45 am] PECO Energy Company, Pennsylvania 2A, Washington, DC 20426, or by calling Electric Company, PPL Electric Utilities BILLING CODE 6717–01–P (202) 208–1371. The application may be Corporation, Potomac Electric Power viewed on the Web at www.ferc.gov. Company, Public Service Electric & Gas Call (202) 208–2222 for assistance. A Company, UGI Utilities Inc., Allegheny DEPARTMENT OF ENERGY copy is also available for inspection and Power, Avista Corporation, Montana Power Company, Nevada Power Company, Portland Federal Energy Regulatory reproduction at the address in item h above. General Electric Company, Puget Sound Commission Energy, Inc., Sierra Pacific Power Company, m. Individuals desiring to be included Southwest Power Pool, Inc., Avista Notice of Non-Project Use of Project on the Commission’s mailing list should Corporation, Bonneville Power Lands and Soliciting Comments, so indicate by writing to the Secretary Administration, Idaho Power Company, Motions To Intervene, and Protests of the Commission. Montana Power Company, Nevada Power Company, PacifiCorp, Portland General January 25, 2002. n. Comments, Protests, or Motions to Electric Company, Puget Sound Energy, Inc., Take notice that the following Intervene—Anyone may submit Sierra Pacific Power Company, GridFlorida hydroelectric application has been filed comments, a protest, or a motion to LLC, Florida Power & Light Company, with the Commission and is available intervene in accordance with the Florida Power Corporation, Tampa Electric for public inspection: requirements of Rules of Practice and Company, Carolina Power & Light Company, a. Application Type: Non-Project Use Procedure, 18 CFR 385.210, .211, .214. Duke Energy Corporation, South Carolina of Project Lands. In determining the appropriate action to Electric & Gas Company, GridSouth Transco, take, the Commission will consider all LLC, Entergy Services, Inc., Southern b. Project No.: P–1494–224. Company Services, Inc., California c. Date Filed: February 7, 2001. protests or other comments filed, but Independent System Operator, Corporation, d. Applicant: Grand River Dam only those who file a motion to Bangor Hydro-Electric Company, Central Authority. intervene in accordance with the Maine Power Company, National Grid USA, e. Name of Project: Pensacola Project. Commission’s Rules may become a Northeast Utilities Service Company, The f. Location: The project is located on party to the proceeding. Any comments, United Illuminating Company, Vermont the Grand (Neosho) River in Craig, protests, or motions to intervene must Electric Power Company, ISO New England Delaware, Mayes, and Ottawa Counties, be received on or before the specified Inc., Midwest Independent System Operator, Oklahoma. This project does not utilize comment date for the particular Alliance Companies, NSTAR Services Company, New York Independent System Federal or Tribal lands. application. g. Filed Pursuant to: Federal Power Operator, Inc., Central Hudson Gas & Electric Act, 16 U.S.C. 791(a)–825(r). o. Agency Comments—Federal, state, Corporation, Consolidated Edison Company h. Applicant Contact: Bob Sullivan, and local agencies are invited to file of New York, Inc., Niagara Mohawk Power Corporation, New York State Electric & Gas Grand River Dam Authority, P.O. Box comments on the described application. A copy of the application may be Corporation, Orange & Rockland Utilities, 409, Vinita, OK 74301, (918) 256–5545. Inc., Rochester Gas & Electric Corporation, i. FERC Contact: James Martin at obtained by agencies directly from the PJM Interconnection, L.L.C., Regional [email protected], or telephone Applicant. If an agency does not file Transmission Organizations, Regional (202) 208–1046. comments within the time specified for Transmission Organizations, Arizona Public j. Deadline for filing comments, filing comments, it will be presumed to Service Company, El Paso Electric Company, motions, or protests: March 4, 2002. have no comments. One copy of an Public Service Company of New Mexico, All documents (original and eight agency’s comments must also be sent to Tucson Electric Power Company, copies) should be filed with: Magalie the Applicant’s representatives. WestConnect RTO, LLC Roman Salas, Secretary, Federal Energy Take notice that the Staff of the Regulatory Commission, 888 First C.B. Spencer, Commission is convening a technical Street, NE, Washington, DC 20426. Acting Secretary. conference on February 5–7, 2002, to Comments, protests and interventions [FR Doc. 02–2293 Filed 1–30–02; 8:45 am] discuss the technical issues relating to may be filed electronically via the BILLING CODE 6717–01–P the Commission’s consideration of a
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standard market design for wholesale its increasing responsibilities. The 20426, during regular business hours. electric power markets. The conference Audit Report states that the list of Additionally, all comments may be will feature panel discussions on: (1) recommendations contained in Section viewed, printed, or downloaded Energy Markets and Operating Reserves; I.C. of the Audit Report is remotely via the Internet through (2) Generation Adequacy; (3) Market comprehensive and that it would be FERC’s home page using the RIMS link. Power Mitigation; (4) Transmission almost impossible to simultaneously User assistance for RIMS is available at Rights and Financial Rights; (5) implement all the recommendations 202–208–2222, or by e-mail to Transmission Tariff Transition; and (6) over the same time frame. Copies of the [email protected]. Audit Report are available for public Minimizing Implementation Costs. This C.B. Spencer, conference is intended to continue the inspection at the Commission in the Acting Secretary. discussions, begun at the public above-docketed proceeding. The Audit conference on January 22 and 23, 2002. Report is also available on the Internet [FR Doc. 02–2369 Filed 1–30–02; 8:45 am] Additional details about the conference at ww.ferc.gov/electric/bulkpower.htm. BILLING CODE 6717–01–P will be provided in a subsequent notice We invite written comments on the and posted on the Commission’s Web Audit Report’s list of specific site under RTO Activities. recommendations set forth in Section ENVIRONMENTAL PROTECTION Members of the Commission may I.C. Commenters are to state which of AGENCY attend the conference and participate in the recommendations, if any, they [OPP–34239B; FRL–6819–8] the discussions. All interested persons believe should be adopted and to may attend. prioritize those specific Lindane; Availability of Revised Risk The conference will be held from recommendations. Commenters also are Assessments approximately 9:30 a.m. to 5:00 p.m. to discuss an appropriate time frame for AGENCY: each day, in a room to be designated at implementation of those Environmental Protection the offices of the Federal Energy recommendations that they believe Agency (EPA). Regulatory Commission, 888 First should be adopted. ACTION: Notice. Street, NE, Washington, DC. The Comments are to be filed on two dates. The ISO is to file its comments on SUMMARY: This notice announces the Commission is inviting selected availability of the revised risk panelists on these topics to participate or before February 15, 2002. All other comments are to be filed on or before assessments, which include some new in these workshops; it is not at this time information not available at the time of entertaining requests to make March 1, 2002. The latter may respond to the ISO’s comments, in addition to the preliminary risk assessment, and presentations. There will be an related documents for the opportunity for non-panelists to submit commenting on the Audit Report as specified in the preceding paragraph. organochlorine pesticide, lindane. In comments in the above dockets. For addition, this notice starts a 60–day additional information about the Comments must contain an executive summary and must be no longer than 20 public participation period during conference, please contact Connie which the public is encouraged to Caldwell at (202) 208–2027. pages. To the extent possible, comments should be jointly filed by entities submit comments on the new C.B. Spencer, sharing similar views. Comments may information not available previously in Acting Secretary. be filed on paper or electronically via the preliminary risk assessments, and risk management ideas or proposals for [FR Doc. 02–2294 Filed 1–29–02; 8:45 am] the Internet. Those filing electronically lindane.. This action is in response to a BILLING CODE 6717–01–P do not need to make a paper filing. For paper filings, the original and 14 copies joint initiative between EPA and the of such comments should be submitted U.S. Department of Agriculture (USDA) DEPARTMENT OF ENERGY to the Office of the Secretary, Federal to increase transparency in the tolerance Energy Regulatory Commission, 888 reassessment process for Federal Energy Regulatory First Street, NE, Washington DC 20426 organophosphate and certain other, non- Commission and should refer to Docket No. PA02– organophosphate pesticides. DATES: Comments, identified by docket [Docket No. PA02–1–000] 1–000. Comments filed via the Internet must control number OPP– 34239B, must be Operational Audit of the California be prepared in WordPerfect, MS Word, received by EPA on or before April 1, Independent System Operator; Notice Portable Document Format, or ASCII 2002. of Filing and Request for Comments format. To file the document, access the ADDRESSES: Comments may be Commission’s Web site at www.ferc.gov submitted by mail, electronically, or in January 25, 2002. and click on ‘‘e-Filing,’’ and then follow person. Please follow the detailed Take notice that on January 25, 2002, the instructions. First time users will instructions for each method as Vantage Consulting, Inc. filed a report have to establish a user name and provided in Unit III. of the entitled Operational Audit of the password. The Commission will send an SUPPLEMENTARY INFORMATION. To ensure California Independent System Operator automatic acknowledgment to the proper receipt by EPA, it is imperative (Audit Report). The filing is in response sender’s e-Mail address upon receipt of that you identify docket control number to a Commission request for a proposal, comments. OPP–34239B in the subject line on the dated October 9, 2001, to perform an User assistance for electronic filing is first page of your response. operational audit of the California available at 202–208–0258 or by e-Mail FOR FURTHER INFORMATION CONTACT: Independent System Operator to [email protected]. Comments should Mark T. Howard, Special Review and Corporation (ISO). The Audit Report not be submitted to the e-Mail address. Reregistration Division (7508C), Office makes recommendations to the All comments will be placed in the of Pesticide Programs, Environmental Commission with respect to prospective Commission’s public files and will be Protection Agency, 1200 Pennsylvania improvements in California markets, available for inspection in the Ave., NW., Washington, DC 20460; including what improvements could Commission’s Public Reference Room at telephone number: (703) 308–8172; e- help the ISO in effectively performing 888 First Street, NE, Washington DC mail address: [email protected].
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SUPPLEMENTARY INFORMATION: 4 p.m., Monday through Friday, submitted for inclusion in the public excluding legal holidays. The PIRIB version of the official record. I. Does this Action Apply to Me? telephone number is (703) 305–5805. Information not marked confidential This action is directed to the public will be included in the public version III. How Can I Respond to this Action? in general, nevertheless, a wide range of of the official record without prior stakeholders will be interested in A. How and to Whom Do I Submit notice. If you have any questions about obtaining the revised risk assessments Comments? CBI or the procedures for claiming CBI, and submitting risk management please consult the person listed under You may submit comments through comments on lindane including FOR FURTHER INFORMATION CONTACT. environmental, human health, and the mail, in person, or electronically.To agricultural advocates; the chemical ensure proper receipt by EPA, it is IV. What Action is EPA Taking in this industry; pesticide users; and members imperative that you identify docket Notice? of the public interested in the use of control number OPP–34239B in the EPA is making available for public pesticides on food. As such, the Agency subject line on the first page of your viewing the revised risk assessments, has not attempted to specifically response. which include some new information describe all the entities potentially 1. By mail. Submit comments to: not available at the time of the affected by this action. If you have any Public Information and Records preliminary risk assessments, and questions regarding the applicability of Integrity Branch, Information Resources related documents for the this action to a particular entity, consult and Services Division (7502C), Office of organochlorine pesticide, lindane. the person listed under FOR FURTHER Pesticide Programs, Environmental These documents have been developed INFORMATION CONTACT. Protection Agency, 1200 Pennsylvania as part of the pilot public participation Ave., NW., Washington, DC 20460. process that EPA and USDA are now II. How Can I Get Additional 2. In person or by courier. Deliver using for involving the public in the Information, Including Copies of this comments to: Public Information and reassessment of pesticide tolerances Document or Other Related Documents? Records Integrity Branch, Information under the Food Quality Protection Act 1. Electronically. You may obtain Resources and Services Division, Office (FQPA), and the reregistration of electronic copies of this document and of Pesticide Programs, Environmental individual pesticides under the Federal other related documents from the EPA Protection Agency, Rm. 119, Crystal Insecticide, Fungicide, and Rodenticide Internet Home Page at http:// Mall #2, 1921 Jefferson Davis Hwy., Act (FIFRA). The pilot public www.epa.gov/. To access this Arlington, VA. The PIRIB is open from participation process was developed as document, on the Home Page select 8:30 a.m. to 4 p.m., Monday through part of the EPA–USDA Tolerance ‘‘Laws and Regulations,’’ ‘‘Regulations Friday, excluding legal holidays. The Reassessment Advisory Committee and Proposed Rules,’’ and then look up PIRIB telephone number is (703) 305– (TRAC), which was established in April the entry for this document under the 5805. 1998, as a subcommittee under the ‘‘Federal Register—Environmental 3. Electronically. Submit electronic auspices of EPA’s National Advisory Documents.’’ You can also go directly to comments by e-mail to: opp- Council for Environmental Policy and the Federal Register listings at http:// [email protected], or you can submit a Technology. A goal of the pilot public www.epa.gov/fedrgstr/. computer disk as described in this unit. participation process is to find a more To access information about this Do not submit any information effective way for the public to pesticide and obtain electronic copies of electronically that you consider to be participate at critical junctures in the the revised risk assessments and related CBI. Electronic comments must be Agency’s development of documents mentioned in this notice, submitted as an ASCII file, avoiding the organophosphate and certain other non- you can also go directly to the Home use of special characters and any form organophosphate pesticide risk Page for the Office of Pesticide Programs of encryption. Comments and data will assessments and risk management (OPP) at http://www.epa.gov/pesticides/ also be accepted on standard computer decisions. EPA and USDA began reregistration/lindane. disks in WordPerfect 6.1/8.0 or ASCII implementing this pilot process in 2. In person. The Agency has file format. All comments in electronic August 1998, to increase transparency established an official record for this form must be identified by the docket and opportunities for stakeholder action under docket control number control number OPP–34239B. Electronic consultation. The documents being OPP–34239B. The official record comments may also be filed online at released to the public through this consists of the documents specifically many Federal Depository Libraries. notice provide some new information referenced in this action, any public on the human health effects of lindane, B. How Should I Handle CBI comments received during an applicable and information on the revisions that Information that I Want to Submit to the comment period, and other information were made to the lindane preliminary Agency? related to this action, including any risk assessments, which where released information claimed as CBI. This official Do not submit any information to the public August 29, 2001 (66 FR record includes the documents that are electronically that you consider to be 45677) (FRL–6783–8), through a notice physically located in the docket, as well CBI. You may claim information that in the Federal Register. as the documents that are referenced in you submit to EPA in response to this In addition, this notice starts a 60–day those documents. The public version of document as CBI by marking any part or public participation period during the official record does not include any all of that information as CBI. which the public is encouraged to information claimed as CBI. The public Information so marked will not be submit comments on the new version of the official record, which disclosed except in accordance with information not available previously includes printed, paper versions of any procedures set forth in 40 CFR part 2. during the earlier public comment electronic comments submitted during In addition to one complete version of period for the lindane preliminary risk an applicable comment period, is the comment that includes any assessment, and risk management available for inspection in Rm. 119, information claimed as CBI, a copy of proposals or other comments on risk Crystal Mall #2, 1921 Jefferson Davis the comment that does not contain the management for lindane. The Agency is Hwy., Arlington, VA, from 8:30 a.m. to information claimed as CBI must be providing an opportunity, through this
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notice, for interested parties to provide provide the public with better unicom and Utah Jet Center with respect to their written comments on the new lindane service. applications. 3. It is further ordered that, to avail health effects information as well as risk ADDRESSES: Please file notifications of management proposals or ideas on availability with the Secretary, of the themselves of the opportunity to be lindane. Such comments and proposals Federal Communications Commission, heard, the applicants, Great Western could address ideas about how to Room 1–C804, 445 Twelfth Street, SW., and Utah Jet, must each file with the Commission, within 20 days of the manage dietary, occupational, or Washington, DC 20554. ecological risks on specific lindane use mailing of this Hearing Designation FOR FURTHER INFORMATION CONTACT: Order, a written notice of appearance in sites or crops across the United States or Roberto Mussendenn., Wireless in a particular geographic region of the triplicate, accompanied by a processing Telecommunications Bureau, at (202) fee of $9,020.00, stating their intentions country. To address dietary risk, for 418–1428. example, commenters may choose to to appear on the date fixed for the SUPPLEMENTARY INFORMATION: discuss the feasibility of lower This is a hearing and to present evidence on the application rates, increasing the time summary of the Federal issues specified in this Order, in interval between application and Communications Commission’s Hearing accordance 47 CFR. 1.221(c), (f) and (g). harvest (‘‘pre–harvest intervals’’), Designator Order, DA 01–2365, adopted 4. The Commission’s Reference modifications in use, or suggest on October 11, 2001 and released on Information Center SHALL SEND a copy alternative measures to reduce residues October 12, 2001. The full text is of this Order, via Certified Mail—Return contributing to dietary exposure. For available for inspection and copying Receipt Requested, to Great Western occupational risks, commenters may during normal business hours in the Aviation, 900 West 2500 North, Logan, suggest personal protective equipment FCC Reference Center, Room CY–A257, Utah 84321, and to Utah Jet Center, LLC, or technologies to reduce exposure to 445 12th Street, SW., Washington, DC P.O. Box 705, Logan, Utah 84321. workers and pesticide handlers. For 20554. The complete text may be 5. The Secretary of the Commission ecological risks, commenters may purchased from the Commission’s copy shall cause to have this Hearing Designation Order or a summary thereof suggest ways to reduce environmental contractor, Qualex International, 445 published in the Federal Register. exposure, e.g., exposure to birds, fish, 12th Street, SW., Room CY–B402, Washington, DC 20554. The full text 6. The time and place of the mammals, and other non-target comparative hearing will be specified in organisms. All comments and proposals may also be downloaded at: www.fcc.gov. Alternative formats are a subsequent Order, issued by the must be received by EPA on or before Enforcement Bureau. April 1, 2002 at the addresses given available to persons with disabilities by under Unit III.A. Comments and contacting Martha Contee at (202) 418– Federal Communications Commission. proposals will become part of the 0260 or TTY (202) 418–2555. William F. Caton, On November 24, 2000, Great Western Agency record for the pesticide Deputy Secretary. Aviation, Inc. (Great Western) filed an specified in this notice. [FR Doc. 02–2283 Filed 1–30–02; 8:45 am] application for renewal of aeronautical List of Subjects advisory (unicom) station KQA7 in BILLING CODE 6712–01–P Environmental protection, Chemicals, Logan, Utah. Unicom stations provide Pesticides and pests. information concerning flying FEDERAL COMMUNICATIONS conditions, weather, availability of COMMISSION Dated: January 17, 2002. ground services, and other information Lois A. Rossi, to promote the safe and expeditious [DA 01–2435] Director, Special Review and Reregistration operation of aircraft. On December 7, Implementation of the International Division, Office of Pesticide Programs. 2000, Utah Jet Center, LLC (Utah Jet Telecommunication Union Charges for [FR Doc. 02–2382 Filed 1–30–02; 8:45 am] Center) filed an application for a new Satellite Network Filings BILLING CODE 6560–50–S unicom station at the same location. Both applicants propose to provide AGENCY: Federal Communications service at Logan-Cache Airport, where Commission. there is no control tower or FAA flight FEDERAL COMMUNICATIONS ACTION: Notice. service station. Under § 87.215(b) of the COMMISSION Commission’s rules, only one unicom SUMMARY: In this document, the Commission establishes the information [WT Docket No. 01–287; DA 01–2365] station may be licensed at such airports. Accordingly, these applications are that U.S. satellite operators must file Great Western Aviation, Inc. and Utah mutually exclusive and must therefore with the Commission for compliance Jet Center, LLC be designated for comparative hearing. with the International Telecommunication Union (ITU) AGENCY: Federal Communications A. Ordering Clauses satellite cost recovery program, as Commission. 1. Accordingly, it is ordered that, modified by the recent meeting of the ACTION: Notice. pursuant to section 309(e) of the ITU Council. Specifically, the Communications Act of 1934, as Commission requires licensees and SUMMARY: In this document, the FCC amended, 47 U.S.C. 309(e), and applicants for certain satellite network consolidates the proceeding of Great § 1.221(a) of the Commission’s Rules, 47 applications and filings to provide Western Aviation and Utah Jet Center CFR 1.221(a), the parties’ applications specific information regarding the LLC., application for renewal of are designated for hearing in a contact persons for such charges. aeronautical advisory (unicom).station consolidated proceeding to resolve the Contact information must accompany KQA7 in Logan, Utah. This issues. all relevant future filings. This Notice consolidation allows both parties to 2. It is further ordered that the burden will help U.S. satellite operators meet have a comparative hearing. This gives of proceeding with the introduction of the requirements of the ITU as the ITU the commission an opportunity to evidence with respect to all the issues implements its recently adopted cost determine which applicant would listed here shall be upon Great Western recovery-based charging process.
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DATES: Satellite operators with pending Federal Communications Commission. FEDERAL MARITIME COMMISSION filings subject to ITU fees must submit John V. Giusti, the required information March 4, 2002. Chief, International Spectrum and Sunshine Act Meeting Communications Policy Branch, International AGENCY HOLDING THE MEETING: ADDRESSES: Send contact information to Bureau. Federal Maritime Commission. Oleg Efrimov, Satellite Engineering [FR Doc. 02–2362 Filed 1–30–02; 8:45 am] Branch, International Bureau, c/o Office FEDERAL REGISTER CITATION OF PREVIOUS BILLING CODE 6712–01–P of the Secretary, Federal ANNOUNCEMENT: 67 FR 3708. Communications Commission, PREVIOUSLY ANNOUNCED TIME AND DATE OF Washington, DC 20554. FEDERAL MARITIME COMMISSION THE MEETING: 10 a.m.—January 30, 2002. FOR FURTHER INFORMATION CONTACT: CHANGE IN THE MEETING: Addition of item Jacqueline Spindler, 202 418 1479, Notice of Agreement(s) Filed in the CLOSED portion of the meeting. [email protected]. The Commission hereby gives notice Item 2—Application of the Delta Queen of the filing of the following Steamboat Co. to Approve a Section SUPPLEMENTARY INFORMATION: This is a agreement(s) under the Shipping Act of 3, Pub. L. 89–777 Escrow summary of the Public Notice— 1984. Interested parties can review or Agreement and issue certificates for International Bureau Information, DA obtain copies of agreements at the the vessels DELTA QUEEN and 01–2435, adopted October 19, 2001, and Washington, DC offices of the MISSISSIPPI QUEEN. released October 19, 2001. The complete Commission, 800 North Capitol Street, CONTACT PERSON FOR MORE INFORMATION: text of this Notice is available for NW., Room 940. Interested parties may Bryant L. VanBrakle, Secretary, (202) inspection and copying during normal submit comments on an agreement to 523–5725. business hours in the FCC Reference the Secretary, Federal Maritime Bryant L. Van Brakle, Information Center, Courtyard Level, Commission, Washington, DC 20573, 445 12th Street, SW., Washington, DC within 10 days of the date this notice Secretary. 20554 and also may be purchased from appears in the Federal Register. [FR Doc. 02–2504 Filed 1–29–02; 12:45 pm] the Commission’s copy contractor, Agreement No.: 011788. BILLING CODE 6730–01–M Qualex International, Portals II, 445 Title: Green/Seatrade Cooperative 12th Street, SW., Room CY–B402, Working Agreement. Washington, DC 20554. Parties: FEDERAL MARITIME COMMISSION 1. The Commission establishes the Green Chartering AS Ocean Transportation Intermediary Seatrade Group N.V. information that U.S. satellite operators License; Revocations must file with the Commission for Synopsis: The proposed agreement compliance with the International establishes a vessel-sharing agreement The Federal Maritime Commission Telecommunication Union (ITU) for the transportation of refrigerated hereby gives notice that the following cargoes from United States East and satellite cost recovery program, as Ocean Transportation Intermediary Gulf ports to ports in Northern modified by the recent meeting of the licenses have been revoked pursuant to Europe. ITU Council. section 19 of the Shipping Act of 1984 Agreement No.: 201072–003. (46 U.S.C. app. 1718) and the 2. The information to be provided is Title: New Orleans-Americana Ships regulations of the Commission as follows: (1) Name of contact, (2) name Group Crane Lease Agreement. pertaining to the licensing of Ocean of company and office, (3) address, (4) Parties: Transportation Intermediaries, effective e-mail address, (5) telephone number, Board of Commissioners of the Port of on the corresponding date shown below: and (6) fax number. New Orleans License Number: 3754F. 3. The point of contact may be a party Americana Ships and Affiliates. Synopsis: The amendment revises crane Name: AFS Logistics, Inc. other than the applicant or licensee, usage payments and extends the Address: 8585 Business Park Drive, acting pursuant to an agreement agreement through December 31, Shreveport, LA 71105. between the applicant or licensee and 2002. Date Revoked: January 11, 2002. the third party in which the third party Agreement No.: 201073–003. Reason: Failed to maintain a valid bond. assumes responsibility for payment of Title: New Orleans/Cosco-K Line-Yang License Number: 13339N. these fees. Ming Crane Rental Agreement. Name: Box Consolidators (USA) L.L.C. 4. Satellite filings subject to ITU cost Parties: Address: 20 Corporation Row, Edison, recovery charges include certain Board of Commissioners of the Port of NJ 08817. advance publication submissions, New Orleans, Date Revoked: December 8, 2001. requests for coordination or agreement Cosco North America, Inc., Reason: Failed to maintain a valid bond. (Articles S9 and S11 of the Radio ‘‘K’’ Line America, Inc., License Number: 4256F. Regulations), and requests for Yang Ming Line. Name: Brixton Management, Inc. Synopsis: The amendment revises crane modification of the space service plans Address: 13560 Berlin Station Road, usage payments and extends the contained in Appendices S30, S30A, Berlin Center, OH 44401. agreement through December 31, and S30B of the Radio Regulations that Date Revoked: January 10, 2002. 2002. were received by the ITU after Reason: Failed to maintain a valid bond. November 7, 1998. Advance publication Dated: January 25, 2002. License Number: 1171NF. filings not subject to coordination By Order of the Federal Maritime Name: Caribbean Freight Forwarders, procedures (generally non- Commission. Inc. geosynchronous orbit (NGSO) systems) Bryant L. VanBrakle, Address: 4715 NW 72nd Avenue, that were received by the ITU after Secretary. Miami, FL 33166. November 7, 1998 are also subject to [FR Doc. 02–2274 Filed 1–30–02; 8:45 am] Date Revoked: January 2, 2002. cost recovery. BILLING CODE 6730–01–P Reason: Failed to maintain a valid bond.
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License Number: 16848N. Date Revoked: January 2, 2002. Address: 11821 I–H 10 East, Ste. 630, Name: eKKa Forwarding Inc. Reason: Failed to maintain a valid bond. Houston, TX 77029. Address: 223 Bergen Turnpike, Bldg. 3, License Number: 4215F. Date Revoked: December 5, 2001. Ridgefield Park, NJ 07660. Name: Logistics Management Reason: Failed to maintain a valid bond. Date Revoked: December 15, 2001. International, Inc. License Number: 3406N. Reason: Failed to maintain a valid bond. Address: 816 Thorndale Avenue, Name: Simmons International Express, License Number: 4098F. Bensenville, IL 60106. Inc. Name: Gaeli, Inc. Date Revoked November 7, 2001. Address: 10050 NW 116th Way, Ste. 15, Address: 101 E. Clarendon Street, Reason: Failed to maintain a valid bond. Prospect Heights, IL 60070. Medley, FL 33178. License Number: 4066N. Date Revoked: January 10, 2002. Date Revoked: January 4, 2002. Name: Maracargo Inc. Reason: Failed to maintain a valid bond. Reason: Failed to maintain a valid bond. Address: 7700 NW 79th Place, Ste. 1, License Number: 3656NF. Miami, FL 33166. License Number: 4587NF. Name: Gulfstream Freight Services, Inc. Date Revoked: November 4, 2001. Name: Toriello Passarelli, Inc. dba dba Gulfstream Logistics. Reason: Failed to maintain a valid bond. Toriello Freight International. Address: 11919 SW 130th Street, Miami, License Number: 3326N. Address: 8611 NW 72nd Street, Miami, FL 33186. Name: Modern Cargo Services Inc. FL 33166. Date Revoked: December 6, 2001. Address: 11265 NW 131st Street, Date Revoked: August 10, 2001. Reason: Failed to maintain valid bonds. Medley, FL 33178. Reason: Failed to maintain valid bonds. License Number: 17090N. Date Revoked: November 1, 2001. License Number: 4511F. Name: Inter-Connect Transportation, Reason: Failed to maintain a valid bond. Name: Total Logistic Control, LLC. Inc. License Number: 16462N. Address: 8300 Logistics Drive, Zeeland, Address: 8901 S. La Cienega Blvd., Ste. Name: Multi Transport Inc. MI 49464. 210, Inglewood, CA 90301. Date Revoked: December 8, 2001. Address: 8422 NW 66th Street, Miami, Date Revoked: January 6, 2002. Reason: Failed to maintain a valid bond. FL 33166. Reason: Failed to maintain a valid bond. Date Revoked: December 29, 2001. License Number: 4551F. License Number: 3690NF. Reason: Failed to maintain a valid bond. Name: Inter-Freight Logistics, Inc. Name: Washington World Trading Corp. Address: 5401 W. Kennedy Boulevard, License Number: 4592N. dba Washington World International Ste. 999, Tampa, FL 33609. Name: Natasha International Freight, Freight Forwarders. Date Revoked: December 28, 2001. Inc. Address: 10411 NW 28th Street, Ste. C– Reason: Surrendered license Address: 12912 SW 133 Court, Ste. A, 103, Miami, FL 33172. voluntarily. Miami, FL 33186. Date Revoked: December 26, 2001. Date Revoked: December 8, 2001. License Number: 4335N. Reason: Failed to maintain a valid bond. Reason: Failed to maintain a valid bond. Name: International Services, Inc. Address: 2907 Empress Ct., Valrico, FL License Number: 12459N. Sandra L. Kusumoto, 33594. Name: PSD International, Inc. Director, Bureau of Consumer Complaints Date Revoked: December 5, 2001. Address: 220 W. Ivy Avenue, and Licensing. Reason: Failed to maintain a valid bond. Inglewood, CA 90302. [FR Doc. 02–2273 Filed 1–30–02; 8:45 am] License Number: 15712N. Date Revoked: December 15, 2001. BILLING CODE 6730–01–P Name: J.H.K. Transportation System, Reason: Failed to maintain a valid bond. Inc. License Number: 16083F. Address: 5210 12th Street East, Ste. B, Name: Palmetto Freight Forwarding FEDERAL MARITIME COMMISSION Fife, WA 98424. Group. Ocean Transportation Intermediary Date Revoked: December 30, 2001. Address: 9695 NW 79th Avenue, Bay ι6, License Reissuance Reason: Failed to maintain a valid bond. Hialeah, FL 33016. License Number: 12473N. Date Revoked: December 6, 2001. Notice is hereby given that the Name: Jupiter Express, Inc. Reason: Failed to maintain a valid bond. following Ocean Transportation Address: 156–19 76th Street, Howard License Number: 0690F. Intermediary license has been reissued Beach, NY 11414. Name: Robert E. Landweer & Co., Inc. by the Federal Maritime Commission Date Revoked: December 8, 2001. Address: 911 Western Avenue, Ste. 208, pursuant to section 19 of the Shipping Reason: Failed to maintain a valid bond. Seattle, WA 98104. Act of 1984, as amended by the Ocean License Number: 4637F. Date Revoked: December 16 2001. Shipping Reform Act of 1998 (46 U.S.C. Name: Lion Cargo Brokers, Inc. dba Reason: Failed to maintain a valid bond. app. 1718) and the regulations of the Polaris Ocean Line. License Number: 15682N. Commission pertaining to the licensing Address: 8055 NW 77th Court, Ste. 3, Name: S/J Americas Service, LLC dba S/ of Ocean Transportation Intermediaries, Medley, FL 33166. J Americas Service. 46 CFR 515.
License No. Name/Address Date reissuance
16838N ...... Webtrans Logistics, Inc. dba ANC International, 21136 S. Wilmington Avenue, #110, Car- December 19, son, CA 90810. 2001.
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Sandra L. Kusumoto, December 2001. The draft guidance effective on December 10, 2001. The Director, Bureau of Consumer Complaints document, when finalized, would provision in 21 CFR 610.40(b) of the and Licensing. inform all establishments that rule provides that manufacturers ‘‘must [FR Doc. 02–2271 Filed 1–30–02; 8:45 am] manufacture Source Plasma that FDA perform one or more screening tests to BILLING CODE 6730–01–P has approved nucleic acid tests (NAT) adequately and appropriately reduce the to identify human immunodeficiency risk of transmission of communicable virus type 1 (HIV–1) and hepatitis C disease agents’’ (66 FR 31146 at 31162). FEDERAL MARITIME COMMISSION virus (HCV) in Source Plasma As we noted in the preamble to the final donations. The draft document rule, the standard for adequate and Ocean Transportation Intermediary recommends that manufacturers submit appropriate testing will change as new License; Applicant a prior approval supplement to a testing technology is approved by FDA. Notice is hereby given that the biologics license application (BLA) to We explained, ‘‘we intend to regularly following applicant has filed with the implement HIV–1 and HCV NAT by a issue guidance describing those tests Federal Maritime Commission an specified date. that we believe would adequately and application for license as Non-Vessel DATES: Submit written or electronic appropriately reduce the risk of Operating Common Carrier and Ocean comments on the draft guidance to transmission of communicable disease Freight Forwarder—Ocean ensure their adequate consideration in agents’’ (66 FR 31146 at 31149). The availability of NAT to identify Transportation Intermediary pursuant to preparation of the final document by HIV–1 and HCV will change the testing section 19 of the Shipping Act of 1984 May 1, 2002. General comments on protocol that should be used to as amended (46 U.S.C. app. 1718 and 46 agency guidance documents are adequately and appropriately reduce the CFR 515). welcome at any time. risk of transmission of those diseases. Persons knowing of any reason why ADDRESSES: Submit written requests for The draft document recommends that the following applicant should not single copies of the draft guidance to the manufacturers submit a prior approval receive a license are requested to Office of Communication, Training, and supplement to a BLA to implement contact the Office of Transportation Manufacturers Assistance (HFM–40), HIV–1 and HCV NAT by a specified Intermediaries, Federal Maritime Center for Biologics Evaluation and Research (CBER), Food and Drug date. Commission, Washington, DC 20573. This draft guidance is being issued Non-Vessel Operating Common Administration, 1401 Rockville Pike, consistent with FDA’s good guidance Carrier Ocean Transportation Rockville, MD 20852–1448. Send one practices regulation (21 CFR 10.115). Intermediary Applicant: self-addressed adhesive label to assist Security Storage Company of the office in processing your requests. This draft guidance document Washington, 1701 Florida Avenue, NW., The document may also be obtained by represents the agency’s current thinking Washingnton, DC 20009–1697, Officers: mail by calling the CBER Voice on this topic. It does not create or confer Larry DePace, Senior Vice President Information System at 1–800–835–4709 any rights for or on any person and does (Qualifying Individual), Charles R. or 301–827–1800, or by fax by calling not operate to bind FDA or the public. Lawrence, President/CEO. the FAX Information System at 1–888– An alternative approach may be used if such approach satisfies the requirement Dated: January 25, 2002. CBER–FAX or 301–827–3844. See the SUPPLEMENTARY INFORMATION of the applicable statutes and Bryant L. VanBrakle, section for electronic access to the draft guidance regulations. Secretary. document. II. Comments [FR Doc. 02–2272 Filed 1–30–02; 8:45 am] Submit written comments on the BILLING CODE 6730–01–P This draft document is being document to the Dockets Management distributed for comment purposes only Branch (HFA–305), Food and Drug and is not intended for implementation Administration, 5630 Fishers Lane, rm. at this time. Interested persons may DEPARTMENT OF HEALTH AND 1061, Rockville, MD 20852. Submit HUMAN SERVICES submit to the Dockets Management electronic comments to http:// Branch (address above) written or Food and Drug Administration www.fda.gov/dockets/ecomments. electronic comments regarding this draft FOR FURTHER INFORMATION CONTACT: guidance document. Submit written or [Docket No. 01D–0584] Nathaniel L. Geary, Center for Biologics electronic comments to ensure adequate Evaluation and Research (HFM–17), consideration in preparation of the final Draft ‘‘Guidance for Industry: Use of Food and Drug Administration, 1401 Nucleic Acid Tests on Pooled Samples document by May 1, 2002. Two copies Rockville Pike, Rockville, MD 20852– of any comments are to be submitted, From Source Plasma Donors to 1448, 301–827–6210. Adequately and Appropriately Reduce except individuals may submit one SUPPLEMENTARY INFORMATION: the Risk of Transmission of HIV–1 and copy. Comments should be identified with the docket number found in the HCV’’; Availability I. Background brackets in the heading of this AGENCY: Food and Drug Administration, FDA is announcing the availability of document. A copy of the document and HHS. a draft document entitled ‘‘Guidance for received comments are available for ACTION: Notice. Industry: Use of Nucleic Acid Tests on public examination in the Dockets Pooled Samples From Source Plasma Management Branch between 9 a.m. and SUMMARY: The Food and Drug Donors to Adequately and 4 p.m., Monday through Friday. Administration (FDA) is announcing the Appropriately Reduce the Risk of availability of a draft document entitled Transmission of HIV–1 and HCV’’ dated III. Electronic Access ‘‘Guidance for Industry: Use of Nucleic December 2001. FDA’s final rule (66 FR Persons with access to the Internet Acid Tests on Pooled Samples From 31146, June 11, 2001) entitled may obtain the document at either http:/ Source Plasma Donors to Adequately ‘‘Requirements for Testing Human /www.fda.gov/cber/guidelines.htm or and Appropriately Reduce the Risk of Blood Donors for Evidence of Infection http://www.fda.gov/ohrms/dockets/ Transmission of HIV–1 and HCV’’ dated Due to Communicable Diseases’’ became default.htm.
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Dated: January 23, 2002. to obtain a copy of the data collection and by supporting communities’ efforts Margaret M. Dotzel, plans and draft instruments, call the to build better systems of care. Associate Commissioner for Policy. HRSA Reports Clearance Officer on The National Health Service Corps [FR Doc. 02–2321 Filed 1–30–02; 8:45 am] (301) 443–1129. (authorized by the Public Health Comments are invited on: (a) Whether BILLING CODE 4160–01–S Services Act, section 331) collects data the proposed collection of information on its programs to ensure compliance is necessary for the proper performance with legislative mandates and to report DEPARTMENT OF HEALTH AND of the functions of the Agency, to Congress and policymakers on HUMAN SERVICES including whether the information shall program accomplishments. To meet have practical utility; (b) the accuracy of these objectives, the NHSC requires a Health Resources and Services the Agency’s estimate of the burden of core set of information collected Administration the proposed collection of information; annually that is appropriate for (c) ways to enhance the quality, utility, monitoring and evaluating performance Agency Information Collection and clarity of the information to be and reporting on annual trends. Activities: Proposed Collection: collected; and (d) ways to minimize the Comment Request burden of the collection of information The PTIQ is used to collect data on respondents, including the use of related to professional issues from In compliance with the requirement automated collection techniques or NHSC obligated Scholarship Program for opportunity for public comment on other forms of information technology. Recipients including physicians, proposed data collection projects physician assistants (PAs), nurse (section 3506(c)(2)(A) of Title 44, United Proposed Project: The National Health practioners (NPs), certified nurse States Code, as amended by the Service Corps (NHSC), Professional midwives (CNMs), and other disciplines Paperwork Reduction Act of 1995, Pub. Training and Information in the current year’s placement cycle. L. 104–13), the Health Resources and Questionnaire (PTIQ), (OMB No. 0915– This data is used to match an individual Services Administration (HRSA) 0208)—Revision health care professional with the most publishes periodic summaries of The National Health Service Corps appropriate clinical practice setting. proposed projects being developed for (NHSC) of the HRSA’s Bureau of Health The PTIQ will be mailed twelve submission to the Office of Management Professions (BHPr), is committed to months in advance of the intended and Budget under the Paperwork improving the health of the Nation’s service availability date. Estimates of Reduction Act of 1995. To request more underserved by uniting communities in annualized reporting burden are as information on the proposed project or need with caring health professionals follows:
Responses Hours per Type of respondent Number of per response Total burden respondents respondent (minutes) hours
Health Care Professionals ...... 311 1 5 26
Send comments to Susan G. Queen, L. 104–13), the Health Resources and Proposed Project: National Practitioner Ph.D., HRSA Reports Clearance Officer, Services Administration (HRSA) Data Bank for Adverse Information on Room 11–05, Parklawn Building, 5600 publishes periodic summaries of Physicians and Other Health Care Fishers Lane, Rockville, MD 20857. proposed projects being developed for Practitioners: Regulations and Forms Written comments should be received submission to the Office of Management (OMB No. 0915–0126)—Revision within 60 days of this notice. and Budget under the Paperwork The National Practitioner Data Bank Dated: January 25, 2002. Reduction Act of 1995. To request more (NPDB) was established through Title IV Jane M. Harrison, information on the proposed project or of Public Law 99–660, the Health Care Director, Division of Policy Review and to obtain a copy of the data collection Quality Improvement Act of 1986, as Coordination. plans and draft instruments, call the amended. Final regulations governing [FR Doc. 02–2296 Filed 1–31–02; 8:45 am] HRSA Reports Clearance Officer on the NPDB are codified at 45 CFR part 60. Responsibility for NPDB BILLING CODE 4165–15–P (301) 443–1129. implementation and operation resides Comments are invited on: (a) Whether in the Bureau of Health Professions, the proposed collection of information Health Resources and Services DEPARTMENT OF HEALTH AND is necessary for the proper performance HUMAN SERVICES Administration, U.S. Department of of the functions of the Agency, Health and Human Services (DHHS). Health Resources and Services including whether the information shall The NPDB began operation on Administration have practical utility; (b) the accuracy of September 1, 1990. the Agency’s estimate of the burden of The intent of Title IV of Public Law Agency Information Collection the proposed collection of information; 99–660 is to improve the quality of Activities: Proposed Collection: (c) ways to enhance the quality, utility, health care by encouraging hospitals, Comment Request and clarity of the information to be State licensing boards, professional collected; and (d) ways to minimize the societies, and other entities providing In compliance with the requirement burden of the collection of information health care services, to identify and for opportunity for public comment on on respondents, including the use of discipline those who engage in proposed data collection projects automated collection techniques or unprofessional behavior; and to restrict (section 3506(c)(2)(A) of Title 44, United other forms of information technology. the ability of incompetent physicians, States Code, as amended by the dentists, and other health care Paperwork Reduction Act of 1995, Pub. practitioners to move from State to State
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without disclosure of practitioner This request is for a revision of fraud control units, utilization and previous damaging or incompetent reporting and querying forms previously quality control peer review performance. approved on April 30, 1999. The organizations, and certain law The NPDB acts primarily as a flagging reporting forms and the request for enforcement officials to query the NPDB system; its principal purpose is to information forms (query forms) must be for adverse licensure actions and other accessed, completed, and submitted to negative actions or findings on health facilitate comprehensive review of the NPDB electronically through the care practitioners and entities licensed practitioners’ professional credentials NPDB website at www.npdb-hipdb.com. or otherwise authorized by a State (or a and background. Information on All reporting and querying is performed political subdivision) to provide health medical malpractice payments, adverse through this secure website. care services. Therefore, beginning with licensure actions adverse clinical This request also includes changes to section 60.9, sections have been privileging actions, adverse professional the NPDB forms as a result of the renumbered based on the possible society actions, and Medicare/Medicaid potential implementation of section implementation of section 1921. exclusions is collected from, and 1921 of the Social Security Act (section Additionally, due to overlap in disseminated to, eligible entities. It is 1921), which is now being considered. requirements for the Healthcare intended that NPDB information should Section 1921 expands the scope of the Integrity and Protection Data Bank be considered with other relevant NPDB by permitting additional entities (HIPDB), some of the NPDB’s burden information in evaluating a such as agencies administering Federal has been subsumed under the HIPDB. practitioner’s credentials. health care programs, State Medicaid Estimates of burden are as follows:
Hours per Regulation citation Number of Responses per response Total burden respondents respondent (minutes) hours
Reports 60.6(a) Errors & Omissions ...... 450 4.22 15 475 60.6(b) Revisions to Actions ...... 110 1.45 30 80 60.7(b) Medical Malpractice Payment Reports ...... 660 28.03 45 13,875 60.8(b) Adverse Action Reports—Licensure Actions by Boards of Medical Examiners ...... 1 00 0 0 60.9(b) Adverse Action Reports—Licensure Actions: Submission by State Licensing Boards Reporting by State Licensing Authorities ...... 2 00 0 0 60.10 Adverse Action Reports—Negative Actions or Findings: Submis- sion by Peer Review Organization/Accreditation Entity ...... 58 8.62 45 375 Reporting by State Licensing Authorities ...... 50 10 15 125 60.11(a) Adverse Action Reports—Clinical Privileges & Professional So- ciety ...... 1,000 1.2 45 900 60.11(c) Requests for Hearings by Entities ...... 1 1 480 8 Access to Data (Queries and Self Queries) 60.12(a)(1) Queries by Hospital-Practitioner Applications ...... 6,000 40 5 20,000 60.12(a)(2) Queries by Hospitals—Two Yr. Cycle ...... 6,000 160 5 80,000 60.13(a)(1)(i) Disclosures to Hospitals ...... 3 00 0 0 60.13(a)(1)(ii) Disclosure to Practitioners (Self Queries) ...... 4 00 0 0 60.13(a)(1)(iii) Queries by Practitioner Licensure Boards ...... 125 120 5 1,250 60.13(a)(1)(iv) Queries by Non-Hospital Health Care Entities ...... 4,000 550 5 183,333 60.13(a)(1)(v) Queries by Plaintiffs’ Attorneys ...... 5 1 30 3 60.13(a)(1)(vi) Queries by Non-Hospital Health Care Entities-Peer Re- view ...... 5 00 0 0 60.13(a)(1)(vii) Requests by Researchers for Aggregate Data ...... 100 1 30 50 60.13(a)(2)(i) through (vi) Queries by section 1921—only Eligible Entities 6 425 276.47 5 9,792 60.13(a)(2)(vii) Queries by Hospitals and other Health Care Entities ...... 7 00 0 0 60.13(a)(2)(viii) Self Queries by Health Care Practitioners and Entities .... 8 00 0 0 60.13(a)(2)(ix) Requests by Researchers for Aggregate Data ...... 9 00 0 0 Disputed Reports/Secretarial Reviews 60.16(b) Practitioner Places a Report in Disputed Status ...... 1,050 1 15 263 60.16(b) Practitioner Requests for Secretarial Review ...... 115 1 480 920 60.16(b) Practitioner Statement ...... 2,400 1 60 2,400 Access and Admin. Forms 60.3 Entity Registration—Initial ...... 2,000 1 60 2,000 60.3 Entity Registration-Update ...... 1,225 1 5 102 60.13(a) Authorized Agent Designation—Initial ...... 500 1 15 125 60.13(a) Authorized Agent Designation—Update ...... 50 1 5 4 60.14(c) Account Discrepancy Report ...... 300 1 15 75 60.14(c) Electronic Transfer of Funds Authorization ...... 400 1 15 100 60.3 Entity Registration— Reactivation ...... 100 1 60 100
Total ...... 316,355 1 Included in estimate for reporting of adverse licensure actions to the HIPDB in 45 CFR part 61. 2 Included in estimate for reporting of adverse licensure actions to the HIPDB in 45 CFR part 61. 3 Included in estimate for 60.12(a)(1). 4 Included in estimate for self queries in the HIPDB in 45 CFR part 61. 5 Included in estimate for non-hospital health care entity queries under § 60.13(a)(1). 6 Estimate for queries of section 1921 information by boards that license health care practitioners is included in estimate for practitioner licen- sure boards under § 60.13(a)(1).
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7 Estimate for queries of section 1921 information by hospitals and other health care entities is included in estimates for queries by hospitals under 60.12(a)(1) and non-hospital health care entities under 60.13(a)(1)(iv). 8 Estimate for self queries by health care practitioners and health care entities is included in estimate for self queries in the HIPDB in 45 CFR part 61. 9 Included in estimate for 60.13(a)(1)(vii).
Send comments to Susan Queen, DEPARTMENT OF HEALTH AND of Information Collection: Form NIH– Ph.D., HRSA Reports Clearance Officer, HUMAN SERVICES 590 records, names, address, employer, Room 11–05, Parklawn Building, 5600 education, and other information on Fishers Lane, Rockville, Maryland National Institutes of Health prospective Special Volunteers and Guest Researchers, and is used by the 20852, (301) 443–1129. Written Proposed Collection; Comment comments should be received within 60 Request; Special Volunteer and Guest responsible NIH approving official to days of this notice. Researcher Assignment determine the individual’s Dated: January 24, 2002. qualifications and eligibility for such SUMMARY: In compliance with the assignments. The form is the only James J. Corrigan, requirement of section 3506(c)(2)(A) of official record of approved assignments. Associate Administrator for Operations and the Paperwork Reduction Act of 1995, Frequency of Response: On occasion. Management. for opportunity for public comment on Affected Public: Individuals or [FR Doc. 02–2297 Filed 1–30–02; 8:45 am] proposed data collection projects, the households. Type of Respondents: BILLING CODE 4165–15–P Office of the Director, National Special Volunteer and Guest Researcher Institutes of Health (NIH) will publish candidates. Estimated Number of periodic summaries of proposed Respondents: 1560. Estimated Number projects to be submitted to the Office of of Responses Per Respondent: 1. Management and Budget (OMB) for Average Burden Hours Per Response: review and approval. Proposed Collection: Title: Special .08. Estimated Total Annual Burden Volunteer and Guest Researcher Hours Requested: 125. Assignment. Type of Information There are no Capital Costs, Operating Collection Request: Extension of OMB Costs, and/or Maintenance Costs to No. 0925–0177; 07/31/02. Need and Use report.
Estimated Estimated total Estimated number of re- Average bur- annual burden Type of respondents number of re- sponses per den hours per hours re- spondents respondent response quested
Guest Researcher ...... 370 1 .08 29.6 Special Volunteer ...... 1190 1 .08 95.2
Total ...... 1560 1 .08 124.8
Request for Comments: Written Room B3C07, 31 Center Drive MSC National Institutes of Health (NIH) has comments and/or suggestions from the 2203, Bethesda, MD 20892. submitted to the Office of Management public and affected agencies are invited Comments Due Date: Comments and Budget (OMB) a request for review on one or more of the following points: regarding this information collection are and approval of a revision of the (1) Whether the proposed collection of best assured of having their full effect if information collection listed below. information will have practical utility; received on or before April 1, 2002. This proposed revision was previously (2) The accuracy of the agency’s Dated: January 28, 2002. published in the Federal Register on estimate of the proposed collection of Stephen C. Benowitz, August 7, 2001 (pages 41251–41252) information, including the validity of Director, Office of Human Resource and allowed 60 days for public the methodology and assumptions used; Management. comment. No public comments were (3) Ways to enhance the quality, utility, [FR Doc. 02–2400 Filed 1–30–02; 8:45 am] received. The purpose of this notice is and the clarity of information to be to allow an additional 30 days for public BILLING CODE 4140–01–M collected; and (4) Ways to minimize the comment. The National Institutes of burden of the collection of information Health may not conduct or sponsor, and on those who are to respond, including DEPARTMENT OF HEALTH AND the respondent is not required to the use of appropriate automated, HUMAN SERVICES respond to, an information collection electronic, mechanical, or other that has been extended, revised, or technological collection techniques or National Institutes of Health implemented on or after October 1, other forms of information technology. 1995, unless it displays a currently valid Submission for OMB Review: FOR FURTHER INFORMATION CONTACT: OMB control number. To Comment Request; National Institutes request more information on the of Health Construction Grants Proposed Collection: Title: National proposed project or to obtain a copy of Institutes of Health Construction the data collection plans and SUMMARY: Under the provisions of Grants—42 CFR part 52b (Final Rule). instruments, contact: Edie Bishop, HR section 3507(a)(1)(D) of the Paperwork Type of Information Collection Request: Consultant, Office of Human Resource Reduction Act of 1995, the Office of Revision of No. 0925–0424, expiration Management, Senior and Scientific Extramural Research (OER), Office of date 02/28/2002. Need and Use of the Employment Division, Building 31, Extramural Programs (OEP), the Information Collection: This request is
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for OMB review and approval of a previously approved by OMB is to Section 52b.11(b) requires applicants for revision of the information collection reflect the increase in the number of a project involving the acquisition of and recordkeeping requirements construction grants being awarded and existing facilities to provide the contained in the regulation codified at administered by NIH. In terms of estimated cost of the project, cost of the 42 CFR part 52b. The purpose of the reporting requirements: acquisition of existing facilities, and regulation is to govern the awarding and Section 52b.9(b) of the regulation cost of remodeling, renovating, or administration of grants awarded by requires the transferor of a facility altering facilities to serve the purposes NIH and its components for which is sold or transferred, or owner of for which they are acquired. construction of new buildings and the a facility, the use of which has changed, alteration, renovation, remodeling, to provide written notice of the sale, In terms of recordkeeping improvement, expansion, and repair of transfer or change within 30 days. requirements: Section 52b.10(g) requires existing buildings, including the Section 52b.10(f) requires a grantee to grantees to maintain daily construction provision of equipment necessary to submit an approved copy of the logs and monthly status reports at the make the buildings (or applicable part of construction schedule prior to the start job site. Frequency of Response: On the buildings) suitable for the purpose of construction. Section 52b.10(g) occasion. Affected Public: Not-for-profit for which it was constructed. The NIH requires a grantee to provide daily institutions. Type of respondents: is revising the estimated annual construction logs and monthly status Grantees. The annual reporting burden reporting and recordkeeping burden reports upon request at the job site. is as follows:
ESTIMATED ANNUAL REPORTING AND RECORDKEEPING BURDEN
Estimated an- Estimated Average bur- Estimated total number of re- Applicable section of 42 CFR 52b nual number sponses per den hours per annual burden of respondents respondent response hours
Reporting: 52b.9(b) ...... 1 1 0.5 0.5 52b.10(f) ...... (60) 1 1 60 52b.10(g) ...... (60) 12 1 720 52b.11(b) ...... 100 1 1 100 Recordkeeping: 52b.10(g) ...... (60) 260 1 15,600
Total ...... 101 ...... 16,481
The annualized cost to the public, Direct Comments to OMB: Written DEPARTMENT OF HEALTH AND based on an average of 60 active grants comments and/or suggestions regarding HUMAN SERVICES in the construction phase, is estimated the item(s) contained in this notice, at: $576,835 (or $35 x16,481). There are especially regarding the estimated National Institutes of Health no Capital Costs to report, and there are public burden and associated response no operating or Maintenance Costs to time, should be directed to the: Office Fogarty International Center; Notice of Meeting report. of Management and Budget, Office of Request for Comments: Written Regulatory Affairs, New Executive Pursuant to section 10(d) of the comments and/or suggestions from the Office Building, room 10235, Federal Advisory Committee Act, as public and affected agencies should Washington, DC 20503, Attention: Desk amended (5 U.S.C. Appendix 2), notice address one or more of the following Officer for NIH. is hereby given of a meeting of the points: (1) Evaluate whether the Fogarty International Center Advisory FOR FURTHER INFORMATION CONTACT: Jerry proposed collection of information and Board. recordkeeping are necessary for the Moore, NIH Regulations Officer, Office The meeting will be open to the proper performance of the function of of Management Assessment, Division of public as indicated below, with the agency, including whether the Management Support, National attendance limited to space available. information will have practical utility; Institutes of Health, 6011 Executive Individuals who plan to attend and (2) Evaluate the accuracy of the agency’s Boulevard, Room 601, MSC 7669, need special assistance, such as sign estimate of the burden of the proposed Rockville, Maryland 20852; call 301– language interpretation or other collection of information and 496–4607 (this is not a toll-free number) reasonable accommodations, should recordkeeping, including the or e-mail your request to notify the Contact Person listed below methodology and assumptions used; (3) [email protected]. in advance of the meeting. Enhance the quality, utility, and clarity Comments Due Date: Comments The meeting will be closed to the of the information to be collected and regarding this information collection are public in accordance with the the recordkeeping information to be best assured of having full effect if provisions set forth in sections maintained; and (4) Minimize the received on or before March 4, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., burden of the collection of information as amended. The grant applications Dated: January 28, 2002. on those who are to respond, including and/or contract proposals and the the use of appropriate automated, Jerry Moore, discussions could disclose confidential electronic, mechanical, or other Regulations Officer, National Institutes of trade secrets or commercial property technological collection and Health. such as patentable material, and recordkeeping techniques of other forms [FR Doc. 02–2401 Filed 1–30–02; 8:45 am] personal information concerning of information technology. BILLING CODE 4140–01–P individuals associated with the grant
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applications and/or contract proposals, in the Federal Register on January 3, Dated: January 25, 2002. the disclosure of which would 2002, 67 FR 336–337. LaVerne Y. Stringfield, constitute a clearly unwarranted The meeting has been changed to Feb. Director, Office of Federal Advisory invasion of personal privacy. 12–13, 2002; the location remains the Committee Policy. Name of Committee: Fogarty International same. The meeting is partially closed to [FR Doc. 02–2388 Filed 1–30–02; 8:45 am] Center Advisory Board. the public. BILLING CODE 4140–01–M Date: February 5, 2002. Agenda: Report of the Director on updates Dated: January 25, 2002. LaVerne Y. Stringfield, and an overview of new FIC programs and DEPARTMENT OF HEALTH AND initiatives. In addition, a discussion of CDC Director, Office of Federal Advisory plans, present and future, for international Committee Policy. HUMAN SERVICES programs and global health concerns. [FR Doc. 02–2383 Filed 1–30–02; 8:45 am] Place: Lawton Chiles International House, National Institutes of Health 16 Center Drive (Building 16), Bethesda, MD BILLING CODE 4140–01–M 20892. National Eye Institute; Notice of Closed Meeting Closed: 1 pm to Adjournment. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant applications. HUMAN SERVICES Pursuant to section 10(d) of the Place: Lawton Chiles International House, National Institutes of Health Federal Advisory Committee Act, as 16 Center Drive (Building 16), Bethesda, MD amended (5 U.S.C. Appendix 2), notice 20892. is hereby given of the following Contact Person: Irene W. Edwards, National Center for Research Information Officer, Fogarty International Resources; Notice of Closed Meeting meeting. Center, National Institutes of Health, The meeting will be closed to the Building 31, Room B2C08, 31 Center Drive Pursuant to section 10(d) of the public in accordance with the MSC 2220, Bethesda, MD 20892, 301–496– Federal Advisory Committee Act, as provisions set forth in sections 2075. amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., This notice is being published less than 15 is hereby given of the following as amended. The grant applications and days prior to the meeting due to the timing meeting. limitations imposed by the review and the discussions could disclose funding cycle. The meeting will be closed to the confidential trade secrets or commercial Information is also available on the public in accordance with the property such as patentable material, Institute’s/Center’s home page: www.nih.gov/ provisions set forth in sections and personal information concerning fic/about/advisory.html, where an agenda 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant and any additional information for the as amended. The grant applications and meeting will be posted when available. applications, the disclosure of which the discussions could disclose would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial invasion of personal privacy. Program Nos. 93.106, Minority International property such as patentable material, Research Training Grant in the Biomedical and personal information concerning Name of Committee: National Eye Institute and Behavioral Sciences; 93.154, Special individuals associated with the grant Special Emphasis Panel. International Postdoctoral Research Program applications, the disclosure of which Date: January 30, 2002. in Acquired Immunodeficiency Syndrome; Time: 11 am to 12:30 pm. 93.168, International Cooperative would constitute a clearly unwarranted invasion of personal privacy. Agenda: To review and evaluate grant Biodiversity Groups Program; 93.934, Fogart applications. International Research Collaboration Award; Name of Committee: National Center for Place: 6120 Executive Blvd. Suite 350, 93.989, Senior International Fellowship Research Resources Special Emphasis Panel, Rockville, MD 20892. (Telephone Conference Awards Program, National Institutes of General Clinical Research Centers. Call) Health, HHS) Date: February 11, 2002. Contact Person: Samuel Rawlings, PhD, Dated: January 25, 2002. Time: 9 am to Adjournment. Chief, Scientific Review Branch, Division of LaVerne Y. Stringfield, Agenda: To review and evaluate grant applications. Extramural Research, National Eye Institute, Director, Office of Federal Advisory Bethesda, MD 20892, 301–496–5561. Committee Policy. Place: Office of Review, National Center for Research Resources, 6705 Rockledge Drive, This notice is being published less than 15 [FR Doc. 02–2393 Filed 1–30–02; 8:45 am] Bethesda, MD 20892, (Telephone Conference days prior to the meeting due to the timing BILLING CODE 4140–01–M Call). limitations imposed by the review and Contact Person: Sheryl K. Brining, PhD, funding cycle. Scientific Review Administrator, Office of (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Review, National Center for Research Program Nos. 93.867, Vision Research, HUMAN SERVICES Resources, National Institutes of Health, One Rockledge Center, MSC 7965, 6705 National Institutes of Health, HHS) National Institutes of Health Rockledge Drive, Suite 6018, Bethesda, MD Dated: January 25, 2002. 20892–7965, 301–435–0809, LaVerne Y. Stringfield, National Center for Research [email protected]. Resources; Amended Notice of Director, Office of Federal Advisory This notice is being published less than 15 Committee Policy. Meeting days prior to the meeting due to the timing [FR Doc. 02–2391 Filed 1–30–02; 8:45 am] limitations imposed by the review and Notice is hereby given of a change in funding cycle. BILLING CODE 4140–01–M the meeting of the General Clinical (Catalogue of Federal Domestic Assistance Research Centers Review Committee, Program Nos. 93.306, Comparative Medicine, February 12, 2002, 8 a.m. to February 93.306; 93.333, Clinical Research, 93.333; 14, 2002, 6 p.m., Holiday Inn—Chevy 93.371, Biomedical Technology; 93.389, Chase, 5520 Wisconsin Avenue, Chevy Research Infrastructure, National Institutes of Chase, MD 20815, which was published Health, HHS)
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES HUMAN SERVICES meetings. The meetings will be closed to the National Institutes of Health National Institutes of Health public in accordance with the provisions set forth in sections National Institute of Mental Health; National Institute on Alcohol Abuse 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Closed Meeting and Alcoholism; Notice of Closed Meeting as amended. The grant applications and the discussions could disclose Pursuant to section 10(d) of the Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice and personal information concerning is hereby given of the following is hereby given of the following individuals associated with the grant meeting. meeting. applications, the disclosure of which The meeting will be closed to the The meeting will be closed to the would constitute a clearly unwarranted public in accordance with the public in accordance with the invasion of personal privacy. provisions set forth in sections provisions set forth in sections Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dental and Craniofacial Research Special as amended. The grant applications and as amended. The grant applications and Emphasis Panel, 02–43, Review of R13 the discussions could disclose the discussions could disclose Grants. confidential trade secrets or commercial confidential trade secrets or commercial Date: February 25, 2002. property such as patentable material, property such as patentable material, Time: 12 PM to 2 PM. and personal information concerning and personal information concerning Agenda: To review and evaluate grant individuals associated with the grant applications. individuals associated with the grant Place: 45 Center Drive, Bethesda, MD applications, the disclosure of which applications, the disclosure of which would constitute a clearly unwarranted 20892, (Telephone Conference Call). would constitute a clearly unwarranted Contact Person: H. George Hausch, PhD. invasion of personal privacy. invasion of personal privacy. Acting Director, 45 Center Drive, Natcher Name of Committee: National Institute on Name of Committee: National Institute of Building, Rm. 4AN44F, National Institutes of Alcohol Abuse and Alcoholism Special Health, Bethesda, MD 20892, (301) 594–2372. Mental Health Special Emphasis Panel. Emphasis Panel. Date: February 5, 2002. Name of Committee: National Institute of Date: February 14, 2002. Dental and Craniofacial Research Special Time: 1 P.M. to 3 P.M. Time: 4 PM to 5:30 PM. Agenda: To review and evaluate grant Emphasis Panel, 02–58, Review of R44 Agenda: To review and evaluate grant Grants. applications. applications. Date: March 4, 2002. Place: Neuroscience Center, National Place: Bethesda Marriott Hotel, 5151 Pooks Time: 10 AM to 12:30 PM. Hill Road, Bethesda, MD 20814. Institutes of Health, 6001 Executive Blvd., Agenda: To review and evaluate grant Bethesda, MD 20892, (Telephone Conference Contact Person: L Tony Beck, PhD, Scientific Review Administrator, National applications. Call). Place: 45 Center Drive, Natcher Building, Contact Person: Richard E. Weise, PhD, Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, Suite 409, 6000 Conference Room E1/2, Bethesda, MD 20892, Scientific Review Administrator, Division of Executive Blvd., MSC 7003, Bethesda, MD (Telephone Conference Call). Extramural Activities, National Institute of 20892–7003, 301–443–0913, Contact Person: Philip Washko, PhD, DMD, Mental Health, NIH, Neuroscience Center, [email protected]. Scientific Review Administrator, 45 Center 6001 Executive Boulevard, Room 6140, (Catalogue of Federal Domestic Assistance Drive, Natcher Building, Rm. 4AN44F, MSC9606, Bethesda, MD 20892–9606, 301– Program Nos. 93.271, Alcohol Research National Institutes of Health, Bethesda, MD 443–1225, [email protected]. Career Development Awards for Scientists 20892, (301) 594–2372. This notice is being published less than 15 and Clinicians; 93.272, Alcohol National Name of Committee: National Institute of days prior to the meeting due to the timing Research Service Awards for Research Dental and Craniofacial Research Special limitations imposed by the review and Training; 93.273, Alcohol Research Programs; Emphasis Panel, 02–59, Review of R44 funding cycle. 93.893, Alcohol Research Center Grants, Grants. National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Date: March 4, 2002. Program Nos. 93.242, Mental Health Research Dated: January 25, 2002. Time: 1:30 PM to 3 PM. Agenda: To review and evaluate grant Grants; 93.281, Scientist Development LaVerne Y. Stringfield, applications. Award, Scientist Development Award for Director, Office of Federal Advisory Place: 45 Center Drive, Bethesda, MD Clinicians, and Research Scientist Award; Committee Policy. 20892, (Telephone Conference Call). 93.282, Mental Health National Research [FR Doc. 02–2387 Filed 1–30–02; 8:45 am] Contact Person: Philip Washko, PhD, DMD, Service Awards for Research Training, BILLING CODE 4140–01–M Scientific Review Administrator, 45 Center National Institutes of Health, HHS) Drive, Natcher Building, Rm. 4AN44F, Dated: January 25, 2002. National Institutes of Health, Bethesda, MD DEPARTMENT OF HEALTH AND 20892, (301) 594–2372. LaVerne Y. Stringfield, HUMAN SERVICES (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Program Nos. 93.121, Oral Diseases and Committee Policy. National Institutes of Health Disorders Research, National Institutes of [FR Doc. 02–2384 Filed 1–30–02; 8:45 am] Health, HHS) BILLING CODE 4140–01–M National Institute of Dental and Dated: January 25, 2002. Craniofacial Research; Notice of LaVerne Y. Stringfield, Closed Meetings Director, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as [FR Doc. 02–2389 Filed 1–30–02; 8:45 am] amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M
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DEPARTMENT OF HEALTH AND Superfund Hazardous Substances—Basic DEPARTMENT OF HEALTH AND HUMAN SERVICES Research and Education; 93.894, Resources HUMAN SERVICES and Manpower Development in the National Institutes of Health Environmental Health Sciences, National National Institutes of Health Institutes of Health, HHS) National Institute of Environmental Dated: January 25, 2002. National Institute on Drug Abuse; Health Sciences; Notice of Closed Notice of Closed Meetings LaVerne Y. Stringfield, Meetings Director, Office of Federal Advisory Pursuant to section 10(d) of the Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as Federal Advisory Committee Act, as [FR Doc. 02–2390 Filed 1–30–02; 8:45 am] amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M is hereby given of the following is hereby given of the following meetings. meetings. The meetings will be closed to the DEPARTMENT OF HEALTH AND The meetings will be closed to the public in accordance with the HUMAN SERVICES public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications as amended. The grant applications and and/or contract proposals and the National Institute of Allergy and the discussions could disclose discussions could disclose confidential Infectious Diseases; Notice of Closed confidential trade secrets or commercial trade secrets or commercial property Meeting property such as patentable material, such as patentable material, and and personal information concerning personal information concerning Pursuant to section 10(d) of the individuals associated with the grant individuals associated with the grant Federal Advisory Committee Act, as applications, the disclosure of which applications and/or contract proposals, amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted the disclosure of which would is hereby given of the following invasion of personal privacy. constitute a clearly unwarranted meeting. Name of Committee: National Institute on invasion of personal privacy. The meeting will be closed to the Drug Abuse Special Emphasis Panel, Name of Committee: National Institute of public in accordance with the Medication Development. Environmental Health Sciences Special provisions set forth in sections Date: February 26, 2002. Emphasis Panel, Review of P01 Grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 10 am to 10:45 am. Applications. Agenda: To review and evaluate grant as amended. The grant applications and applications. Date: February 26, 2002. the discussions could disclose Time: 8:30 am to 5 pm. Place: The Westin Grand Hotel, 2350 M Agenda: To review and evaluate grant confidential trade secrets or commercial Street, NW., Washington, DC 20037. applications. property such as patentable material, Contact Person: Mark Swieter, PhD, Health Place: Hawthorn Suites Hotel, 300 and personal information concerning Scientist Administrator, Office of Extramural Meredith Drive, Durham, NC 27713. individuals associated with the grant Affairs, National Institute on Drug Abuse, Contact Person: Ethel B. Jackson, DDS, applications, the disclosure of which National Institutes of Health, DHHS, 6001 Chief, Scientific Review Branch, Office of would constitute a clearly unwarranted Executive Boulevard, Room 3158, MSC 9547, Program Operations, Division of Extramural invasion of personal privacy. Bethesda, MD 20892–9547, (301) 435–1389. Research and Training, Nat. Institute of Name of Committee: National Institute on Environmental Health Sciences, P.O. Box Name of Committee: National Institute of Drug Abuse Special Emphasis Panel, 12233, MD EC–30, Research Triangle Park, Allergy and Infectious Diseases Special Medication Development. NC 27709, 919/514–7846, Emphasis Panel. Date: February 26, 2002. [email protected]. Date: February 14, 2002. Time: 10:45 am to 11:30 am. Name of Committee: National Institute of Time: 12:30 pm to 3:30 pm. Agenda: To review and evaluate grant Environmental Health Sciences Special Agenda: To review and evaluate grant applications. Emphasis Panel, RFP 01–18–National Center applications. Place: The Westin Grand Hotel, 2350 M for Toxicogenomics (NCT) Microarray Place: 6700–B Rockledge Drive, Room Street, NW., Washington, DC 20037. Resource. 2224, Bethesda, MD 20892. (Telephone Contact Person: Mark Swieter, PhD, Health Date: March 4, 2002. Scientist Administrator, Office of Extramural Conference Call) Time: 8:30 am to 5 pm. Affairs, National Institute on Drug Abuse, Agenda: To review and evaluate contract Contact Person: Gregory P. Jarosik, PhD, National Institutes of Health, DHHS, 6001 proposals. Scientific Review Administrator, Scientific Executive Boulevard, Room 3158, MSC 9547, Place: Hawthorn Suites Hotel, 300 Review Program, Division of Extramural Bethesda, MD 20892–9547, (301) 435–1389. Meredith Drive, Durham, NC 27713. Activities, NIAID, 6700B Rockledge Drive, Name of Committee: National Institute on Contact Person: RoseAnne M. McGee, BS, MSC–7616, Bethesda, MD 20892, 301–496– Drug Abuse Special Emphasis Panel, Associate Scientific Review Administrator, 2550, gjarosik@niaid,nih.gov. Treatment Research. Scientific Review Branch, Office of Program (Catalogue of Federal Domestic Assistance Date: February 26, 2002. Operations, Division of Extramural Research Time: 2 pm to 5 pm. and Training, Nat. Inst. of Environmental Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Agenda: To review and evaluate grant Health Sciences, Research Triangle Park, NC applications. Microbiology and Infectious Diseases 27709, 919/541–0752. Place: Swissotel Washington, The Research, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Watergate, 2650 Virginia Ave., NW., Program Nos. 93.113, Biological Response to Dated: January 25, 2002. Washington, DC 20037. Environmental Health Hazards; 93.114, LaVerne Y. Stringfield, Contact Person: Mark R. Green, PhD, Chief, CEASRB, Office of Extramural Affairs, Applied Toxicological Research and Testing; Director, Office of Federal Advisory 93.115, Biometry and Risk Estimation— National Institute on Drug Abuse, National Committee Policy. Health Risks from Environmental Exposures; Institutes of Health, DHHS, Suite 3158, 6001 93.142, NIEHS Hazardous Waste Worker [FR Doc. 02–2392 Filed 1–30–02; 8:45 am] Executive Boulevard, Bethesda, MD 20892– Health and Safety Training; 93.143, NIEHS BILLING CODE 4140–01–M 9547, (301) 435–1431.
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(Catalogue of Federal Domestic Assistance Place: Bethesda Marriott Hotel, 5151 Pooks limitations imposed by the review and Program Nos. 93.277, Drug Abuse Scientist Hill Road, Bethesda, MD 20814. funding cycle. Development Award for Clinicians, Scientist Contact Person: Lyle Furr, Contract Review Name of Committee: National Institute on Development Awards, and Research Scientist Specialist, Office of Extramural Affairs, Drug Abuse Special Emphasis Panel, ‘‘Virtual Awards; 93.278, Drug Abuse National National Institute on Drug Abuse, National Reality for Treatment of Pain’’. Research Service Awards for Research Institutes of Health, DHHS, 6001 Executive Date: February 13, 2002. Training; 93.279, Drug Abuse Research Boulevard, Room 3158, MSC 9547, Bethesda, Time: 1:30 pm to 3:30 pm. Programs, National Institutes of Health, HHS) MD 20892–9547, (301) 435–1439. Agenda: To review and evaluate contract Dated: January 25, 2002. This notice is being published less than 15 proposals. days prior to the meeting due to the timing LaVerne Y. Stringfield, Place: Neuroscience Center, National limitations imposed by the review and Institutes of Health, 6001 Executive Blvd. Director, Office of Federal Advisory funding cycle. Committee Policy. Rockville, MD 20852. (Telephone conference (Catalogue of Federal Domestic Assistance Call) [FR Doc. 02–2394 Filed 1–30–02; 8:45 am] Program Nos. 93.277, Drug Abuse Scientist Contact Person: Eric Zatman, Contract BILLING CODE 4140–01–M Development Award for Clinicians, Scientist Review Specialist, Office of Extramural Development Awards, and Research Scientist Affairs, National Institute on Drug Abuse, Awards; 93.278, Drug Abuse National National Institutes of Health, DHHS, 6001 DEPARTMENT OF HEALTH AND Research Service Awards for Research Executive Boulevard, Room 3158, MSC 9547, HUMAN SERVICES Training; 93.279, Drug Abuse Research Bethesda, MD 20892–9547, (301) 435–1438. Programs, National Institutes of Health, HHS) This notice is being published less than 15 National Institutes of Health Dated: January 25, 2002. days prior to the meeting due to the timing LaVerne Y. Stringfield, limitations imposed by the review and National Institute on Drug Abuse; funding cycle. Notice of Closed Meeting Director, Office of Federal Advisory Committee Policy. Name of Committee: National Institute on Drug Abuse Special Emphasis Panel, Pursuant to section 10(d) of the [FR Doc. 02–2395 Filed 1–30–02; 8:45 am] ‘‘Administrative and Meeting Support for the Federal Advisory Committee Act, as BILLING CODE 4140–01–M Clinical Trials Network’’. amended (5 U.S.C. Appendix 2), notice Date: March 5–6, 2002. is hereby given of the following Time: 9 am to 5 pm. meetings. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate contract The meetings will be closed to the HUMAN SERVICES proposals. public in accordance with the Place: Bethesda Marriott Hotel, 5151 Pooks provisions set forth in sections National Institutes of Health Hill Road, Bethesda, MD 20814. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Eric Zatman, Contract National Institute on Drug Abuse; as amended. The contract proposals and Review Specialist, Office of Extramural Notice of Closed Meetings Affairs, National Institute on Drug Abuse, the discussions could disclose National Institutes of Health, DHHS, 6001 confidential trade secrets or commercial Pursuant to section 10(d) of the Executive Boulevard, Room 3158, MSC 9547, property such as patentable material, Federal Advisory Committee Act, as Bethesda, MD 20892–9547, (301) 435–1438. and personal information concerning amended (5 U.S.C. Appendix 2), notice (Catalogue of Federal Domestic Assistance individuals associated with the contract is hereby given of the following Program Nos. 93.277, Drug Abuse Scientist proposals, the disclosure of which meetings. Development Award for Clinicians, Scientist would constitute a clearly unwarranted The meetings will be closed to the Development Awards, and Research Scientist invasion of personal privacy. public in accordance with the Awards; 93.278, Drug Abuse National Name of Committee: National Institute on provisions set forth in sections Research Service Awards for Research Drug Abuse Special Emphasis Panel, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Training; 93.279, Drug Abuse Research ‘‘Develop Prevention Services Analytic Tools as amended. The contract proposals and Programs, National Institutes of Health, HHS) for Improved Substance Abuse Prevention the discussions could disclose Dated: January 25, 2002. Delivery’’. confidential trade secrets or commercial LaVerne Y. Stringfield, Date: January 31, 2002. property such as patentable material, Director, Office of Federal Advisory Time: 9:30 am to 11:30 pm. and personal information concerning Committee Policy. Agenda: To review and evaluate contract individuals associated with the contract proposals. [FR Doc. 02–2396 Filed 1–30–02; 8:45 am] Place: Neuroscience Center, National proposals, the disclosure of which BILLING CODE 4140–01–M Institutes of Health, 6001 Executive Blvd., would constitute a clearly unwarranted Rockville, MD 20852. (Telephone Conference invasion of personal privacy. Call) Name of Committee: National Institute on DEPARTMENT OF HEALTH AND Contact Person: Lyle Furr, Contract Review Drug Abuse Special Emphasis Panel, HUMAN SERVICES Specialist, Office of Extramural Affairs, ‘‘Prevention Training’’. National Institute on Drug Abuse, National Date: February 13, 2002. National Institutes of Health Institutes of Health, DHHS, 6001 Executive Time: 9:30 am to 11:30 pm. Boulevard, Room 3158, MSC 9547, Bethesda, Agenda: To review and evaluate contract National Institute on Deafness and MD 20892–9547, (301) 435–1439. proposals. Other Communication Disorders; This notice is being published less than 15 Place: Neuroscience Center, National Notice of Closed Meeting days prior to the meeting due to the timing Institutes of Health, 6001 Executive Blvd. limitations imposed by the review and Rockville, MD 20852. (Telephone conference Pursuant to section 10(d) of the funding cycle. Call) Federal Advisory Committee Act, as Name of Committee: National Institute on Contact Person: Lyle Furr, Contract Review amended (5 U.S.C. Appendix 2), notice Drug Abuse Special Emphasis Panel, Specialist, Office of Extramural Affairs, is hereby given of the following ‘‘Develop and Maintain Substance Abuse National Institute on Drug Abuse, National Prevention Methodological Software’’. Institutes of Health, DHHS, 6001 Executive meeting. Date: February 7, 2002. Boulevard, Room 3158, MSC 9547, Bethesda, The meeting will be closed tot he Time: 9:30 am to 5 pm. MD 20892–9547, (301) 435–1439. public in accordance with the Agenda: To review and evaluate contract This notice is being published less than 15 provisions set forth in sections proposals. days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
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as amended. The grant applications and Place: NIEHS—East Campus, 79 TW (Catalogue of Federal Domestic Assistance the discussions could disclose Alexander Drive, Building 4401, Room 3446, Program Nos. 93.879, Medical Library confidential trade secrets or commercial Research Triangle Park, NC 27709 Assistance, National Institutes of Health, property such as patentable material, (Telephone Conference Call). HHS) Contact Person: RoseAnne M McGee, BS, Dated: January 25, 2002. and personal information concerning Associate Scientific Review Administrator, LaVerne Y. Stringfield, individuals associated with the grant Scientific Review Branch, Office of Program applications, the disclosure of which Operations, Division of Extramural Research Director, Office of Federal Advisory would constitute a clearly unwarranted and Training, Nat. Inst. of Environmental Committee Policy. invasion of personal privacy. Health Sciences, Research Triangle Park, NC [FR Doc. 02–2399 Filed 1–30–02; 8:45 am] 27709, 919/541–0752. BILLING CODE 4140–01–M Name of Committee: National Institute of Deafness and Other Communications Special (Catalogue of Federal Domestic Assistance Emphasis Panel. Program Nos. 93.113, Biological Response to Date: February 28, 2002. Environmental Health Hazards; 93.114, DEPARTMENT OF HEALTH AND Time: 9 a.m. to 2 p.m. Applied Toxicological Research and Testing; HUMAN SERVICES Agenda: To review and evaluate grant 93.115, Biometry and Risk Estimation— applications. Health Risks from Environmental Exposures; National Institutes of Health Place: St. Gregory Hotel & Suites, 2033 M 93.142, NIEHS Hazardous Waste Worker Street, NW., Washington, DC 20036. Health and Safety Training; 93.143, NIEHS Center for Scientific Review; Notice of Contact Person: Melissa Stick, PhD, MPH, Superfund Hazardous Substances—Basic Closed Meetings Research and Education; 93.894, Resources Scientific Review Administrator, Scientific and Manpower Development in the Pursuant to section 10(d) of the Review Branch, Division of Extramural Environmental Health Sciences, National Research, NIDCD/NIH, 6120 Executive Blvd., Federal Advisory Committee Act, as Institutes of Health, HHS) Bethesda, MD 20892, 301–496–8683. amended (5 U.S.C. Appendix 2), notice Dated: January 25, 2002. is hereby given of the following (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, meetings. Program Nos. 93.173, Biological Research The meetings will be closed to the Related to Deafness and Communicative Director, Office of Federal Advisory Disorders, National Institutes of Health, HHS) Committee Policy. public in accordance with the provisions set forth in sections Dated: January 25, 2002. [FR Doc. 02–2398 Filed 1–30–02; 8:45 am] BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, as amended. The grant applications and Director, Office of Federal Advisory the discussions could disclose Committee Policy. DEPARTMENT OF HEALTH AND confidential trade secrets or commercial [FR Doc. 02–2397 Filed 1–30–02; 8:45 am] HUMAN SERVICES property such as patentable material, BILLING CODE 4140–01–M and personal information concerning National Institutes of Health individuals associated with the grant applications, the disclosure of which DEPARTMENT OF HEALTH AND National Library of Medicine; Notice of would constitute a clearly unwarranted HUMAN SERVICES Closed Meeting invasion of personal privacy. National Institutes of Health Pursuant to section 10(d) of the Name of Committee: Center for Scientific Federal Advisory Committee Act, as Review Special Emphasis Panel. National Institute of Environmental amended (5 U.S.C. Appendix 2), notice Date: February 7–8, 2002. Health Sciences; Notice of Closed is hereby given of the following Time: 8:30 AM to 3 PM. Meeting meeting. Agenda: To review and evaluate grant The meeting will be closed to the applications. Pursuant to section 10(d) of the public in accordance with the Place: Georgetown Suites, 1000 29th St., NW, Washington, DC 20007. Federal Advisory Committee Act as provisions set forth in sections Contact Person: Marcia Steinberg, PhD, amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Administrator, Center for is hereby given of the following as amended. The contract proposals and Scientific Review, National Institutes of meeting. the discussions could disclose Health, 6701 Rockledge Drive, Room 5140, The meeting will be closed to the confidential trade secrets or commercial MSC 7840, Bethesda, MD 20892, (301) 435– public in accordance with the property such as patentable material, 1023, [email protected]. provisions set forth in sections and personal information concerning This notice is being published less than 15 days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the contract limitations imposed by the review and as amended. The grant applications and proposals, the disclosure of which funding cycle. the discussions could disclose would constitute a clearly unwarranted Name of Committee: Endocrinology and confidential trade secrets or commercial invasion of personal privacy. Reproductive Sciences Integrated Review property such as patentable material, Name of Committee: National Library of Group, Reproduction Biology Study Section. and personal information concerning Medicine Special Emphasis Panel. Date: February 11–12, 2002. individuals associated with the grant Date: February 27, 2002. Time: 8 AM to 3 PM. applications, the disclosure of which Time: 10:30 am to 11:30 am. Agenda: To review and evaluate grant would constitute a clearly unwarranted Agenda: To review and evaluate contract applications. Place: The Hyatt Regency Hotel, One invasion of personal privacy. proposals. Place: National Library of Medicine, Bethesda Metro Center, Bethesda, MD 20814. Name of Committee: National Institute of Building 38A, HPCC Conference Room Contact Person: Dennis Leszczynski, PhD, Environmental Health Sciences Special B1N30Q, 8600 Rockville Pike, Bethesda, MD Scientific Review Administrator, Center for Emphasis Panel, Review of Conference Grant 20894. (Telephone Conference Call) Scientific Review, National Institutes of (R13) Applications. Contact Person: Susan Sparks, PhD, Senior Health, 6701 Rockledge Drive, Room 6170, Date: February 26, 2002. Education Specialist, National Library of MSC 7892, Bethesda, MD 20892, (301) 435– Time: 1 pm to 1:30 pm. Medicine, Extramural Programs, Rockledge 1044. Agenda: To review and evaluate grant One, 6705 Rockledge Drive, Suite 301, Name of Committee: Endocrinology and applications. Bethesda, MD 20892. Reproductive Sciences Integrated Review
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Group, Biochemical Endocrinology Study Scientific Review, National Institutes of Contact Person: J. Scott Osborne, PhD, Section. Health, 6701 Rockledge Drive, Room 3188, MPH, Scientific Review Administrator, Date: February 11–12, 2002. MSC 7848, Bethesda, MD 20892, (301) 435– Center for Scientific Review, National Time: 8 AM to 5 PM. 0692. [email protected]. Institutes of Health, 6701 Rockledge Drive, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Room 4114 MSC 7816, Bethesda, MD 20892, applications. Review Special Emphasis Panel. (301) 435–1782. Place: Embassy Suites Hotel, The Chevy Date: February 11, 2002. Name of Committee: Cardiovascular Chase Pavilion, 4300 Military Road NW, Time: 9 AM to 5 PM. Sciences Integrated Review Group, Wisconsin at Western Avenue, Washington, Agenda: To review and evaluate grant Hematology Subcommittee 1. DC 20015. applications. Date: February 14–15, 2002. Contact Person: Michael Knecht, PhD, Place: Hyatt Regency Bethesda, One Time: 8 AM to 5 PM. Scientific Review Administrator, Center for Bethesda Metro Center, Bethesda, MD 20814. Agenda: To review and evaluate grant Scientific Review, National Institutes of Contact Person: Richard Marcus, PHD, applications. Health, 6701 Rockledge Drive, Room 6176, Scientific Review Administrator, Center for Place: Bethesda Holiday Inn, Versailles Ill, MSC 7892, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of 8120 Wisconsin Avenue, Bethesda, MD 1046. Health, 6701 Rockledge Drive, Room 5168, 20814. Name of Committee: Endocrinology and MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Robert Su, PhD, Scientific Reproductive Sciences Integrated Review 1245, [email protected]. Review Administrator, Center for Scientific Group, Reproductive Endocrinology Study Name of Committee: Immunological Review, National Institutes of Health, 6701 Section. Sciences Integrated Review Group, Rockledge Drive, Room 4134 MSC 7802, Date: February 11–12, 2002. Immunobiology Study Section. Bethesda, MD 20892, (301) 435–1195. Time: 8 AM to 3 PM. Date: February 12–13, 2002. Name of Committee: Endocrinology and Agenda: To review and evaluate grant Time: 8:30 AM to 3 PM. Reproductive Sciences Integrated Review applications. Agenda: To review and evaluate grant Group, Endocrinology Study Section. Place: Courtyard By Marriott, 805 Russell applications. Date: February 14–15, 2002. Avenue, Gaithersburg, MD 20879. Place: Holiday Inn, 5520 Wisconsin Time: 8 AM to 5 PM. Contact Person: Abubakar A. Shaikh, DVM, Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant PHD, Scientific Review Administrator, Contact Person: Betty Hayden, PHD, applications. Center for Scientific Review, National Scientific Review Administrator, Center for Place: Holiday Inn, 8120 Wisconsin Institutes of Health, 6701 Rockledge Drive, Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Room 6166, MSC 7892, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 4206, Contact Person: Syed M. Amir, PhD, (301) 435–1042. MSC 7812, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Name of Committee: Nutritional and 1223. Scientific Review, National Institutes of Metabolic Sciences Integrated Review Group, Name of Committee: Integrative, Health, 6701 Rockledge Drive, Room 6168, Nutrition Study Section. Functional and Cognitive Neuroscience MSC 7892, Bethesda, MD 20892, (301) 435– Date: February 11–12, 2002. Integrated Review Group, Visual Sciences B 1043, [email protected]. Time: 8:30 AM to 4 PM. Study Section. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Date: February 12–13, 2002. Review Special Emphasis Panel. applications. Time: 8:30 AM to 4 PM. Date: February 14–15, 2002. Place: Hyatt Regency Hotel, One Bethesda Agenda: To review and evaluate grant Time: 8 AM to 5 PM. Metro Center, Bethesda, MD 20814. applications. Contact Person: Sooja K. Kim, PHD, RD, Place: Georgetown Holiday Inn, 2101 Agenda: To review and evaluate grant Scientific Review Administrator, Center for Wisconsin Avenue, NW, Washington, DC applications. Scientific Review, National Institutes of 20007. Place: Embassy Suites, Chevy Chase Health, 6701 Rockledge Drive, Room 6178, Contact Person: Christine Melchior, PHD, Pavilion, 4300 Military Rd., Wisconsin at MSC 7892, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Western Ave., Washington, DC 20015. 1780. Scientific Review, National Institutes of Contact Person: Anne E Schaffner, PHD, Scientific Review Administrator, Center for Name of Committee: Oncological Sciences Health, 6701 Rockledge Drive, Room 5176 Scientific Review, National Institutes of Integrated Review Group, Experimental MSC 7844, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5214, Therapeutics Subcommittee 2. 1713, [email protected]. MSC 7850, Bethesda, MD 20892, (301) 435– Date: February 11–13, 2002. Name of Committee: Center for Scientific 1239, [email protected]. Time: 8:30 AM to 5 PM. Review Special Emphasis Panel. Agenda: To review and evaluate grant Date: February 12, 2002. Name of Committee: Center for Scientific applications. Time: 9 AM to 5 PM. Review Special Emphasis Panel. Place: Embassy Suites Hotel, The Chevy Agenda: To review and evaluate grant Date: February 14–15, 2002. Chase Pavilion, 4300 Military Road NW., applications. Time: 8:30 AM to 6 PM. Wisconsin at Western Avenue, Washington, Place: Embassy Suites Hotel, The Chevy Agenda: To review and evaluate grant DC 20015. Chase Pavilion, 4300 Military Road NW, applications. Contact Person: Marcia Litwack, PHD, Wisconsin at Western Avenue, Washington, Place: Savoy Suites Georgetown, 2505 Scientific Review Administrator, Center for DC 20015. Wisconsin Avenue, NW., Washington, DC Scientific Review, National Institutes of Contact Person: Weijia Ni, PHD, Scientific 20007. Health, 6701 Rockledge Drive, Room 4150, Review Administrator, Center for Scientific Contact Person: Lee S. Mann, PHD, JD, MSC 7804, Bethesda, MD 20892, (301) 435– Review, National Institutes of Health, 6701 Scientific Review Administrator, Center for 1719. Rockledge Drive, Room 3190 MSC 7848, Scientific Review, National Institutes of Name of Committee: Biobehavioral and Bethesda, MD 20892, (301) 435–1507, Health, 6701 Rockledge Drive, Room 3186, Behavioral Process Initial Review Group, [email protected]. MSC 7848, Bethesda, MD 20892, (301) 435– Biobehavioral and Behavioral Processes 2. Name of Committee: Social Sciences, 0677. Date: February 11–12, 2002. Nursing, Epidemiology and Methods Name of Committee: Oncological Sciences Time: 9 AM to 5 PM. Integrated Review Group, Epidemiology and Intergrated Review Group, Experimental Agenda: To review and evaluate grant Disease Control Subcommittee 1. Therapeutics Subcommittee 1. applications. Date: February 14–15, 2002. Date: February 14–15, 2002. Place: The Melrose Hotel, 2430 Time: 8 AM to 5 PM. Time: 8:30 AM to 5 PM. Pennsylvania Ave., NW., Washington, DC Agenda: To review and evaluate grant Agenda: To review and evaluate grant 20037. applications. applications. Contact Person: Thomas A. Tatham, PHD, Place: Holiday Inn, 8120 Wisconsin Place: Arlington Hyatt, 1325 Wilson Scientific Review Administrator, Center for Avenue, Bethesda, MD 20814. Boulevard, Arlington, VA 22209.
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Contact Person: Philip Perkins, PHD, Place: The River Inn, 924 Twenty-Fifth Dated: January 25, 2002. Scientific Review Administrator, Center for Street, NW., Washington, DC 20037. LaVerne Y. Stringfield, Scientific Review, National Institutes of Contact Person: David J. Remondini, PHD, Director, Office of Federal Advisory Health, 6701 Rockledge Drive, Room 4148, Scientific Review Administrator, Center for Committee Policy. MSC 7804, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of 1718, [email protected]. [FR Doc. 02–2386 Filed 1–31–02; 8:45 am] Health, 6701 Rockledge Drive, Room 6154, BILLING CODE 4140–01–M Name of Committee: Genetic Sciences MSC 7890, Bethesda, MD 20892, (301) 435– Integrated Review Group, Mammalian 1038, [email protected]. Genetics Study Section. Date: February 14–15, 2002. Name of Committee: Center for scientific DEPARTMENT OF THE INTERIOR Time: 8:30 AM to 2:30 PM. Review Special Emphasis Panel. Agenda: To review and evaluate grant Date: February 15, 2002. Office of the Secretary applications. Time: 8:30 AM to 12:30 PM. Place: Marriott Key Bridge, 1401 Lee Agenda: To review and evaluate grants Bureau of Indian Affairs Highway, Arlington, VA 22209. applications. Contact Person: Camilla Day, PHD, Place: Monarch Hotel, 2400 M Street, NW., Scientific Review Administrator, Center for Office of Special Trustee for American Washington, DC 20037. Scientific Review, National Institutes of Indians Health, 6701 Rockledge Drive, Room 2208, Contact Person: Randolph Addison, PHD, MSC 7890, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Office of Indian Trust Transition 1037, [email protected]. Scientific Review, National Institutes of Name of Committee: Biochemical Sciences Health, 6701 Rockledge Drive, Room 5144, Tribal Consultation on Indian Trust Integrated Review Group, Medical MSC 7840, Bethesda, MD 20892, (301) 435– Asset Management Biochemistry Study Section. 1025, [email protected]. Date: February 14–15, 2002. Name of Committee: Center for Scientific AGENCIES: Office of the Secretary, Time: 8:30 AM to 3 PM. Review Special Emphasis Panel. Bureau of Indian Affairs, Office of the Agenda: To review and evaluate grant Date: February 15, 2002. Special Trustee for American Indians, applications. Time: 1:30 PM to 5:30 PM. Office of Indian Trust Transition, Place: Governor’s House, 1615 Rhode Agenda: To review and evaluate grants Interior. Island Avenue, NW., Washington, DC 20036. Contact Person: Alexander S. Liacouras, applications. ACTION: Notice of tribal consultation PHD, Scientific Review Administrator, Place: Monarch Hotel, 2400 M Street, NW., meeting. Center for Scientific Review, National Washington, DC 20037. Institutes of Health, 6701 Rockledge Drive, Contact Person: Randolph Addison, PHD, SUMMARY: The Office of the Secretary, Room 5154, MSC 7842, Bethesda, MD 20892, Scientific Review Administrator, Center for along with the Bureau of Indian Affairs, (301) 435–1740. Scientific Review, National Institutes of the Office of Special Trustee for Name of Committee: Immunological Health, 6701 Rockledge Drive, Room 5144, American Indians, and the Office of Sciences Integrated Review Group, MSC 7840, Bethesda, MD 20892, (301) 435– Indian Trust Transition, will conduct an Experimental Immunology Study Section. 1025, [email protected]. additional meeting to discuss a Date: February 14–15, 2002. (Catalogue of Federal Domestic Assistance proposed reorganization of the Time: 8:30 AM to 4 PM. Program Nos. 93.306, Comparative Medicine, Department’s trust responsibility Agenda: To review and evaluate grant 93.306; 93.333, Clinical Research, 93.333, functions to improve the management of applications. 93.337, 93.393–93.396, 93.837–93.844, Indian trust assets. Any tribe, band, Place: Holiday Inn—Chevy Chase, 5520 nation or individual is encouraged to Wisconsin Avenue, Chevy Chase, MD 20815. 93.846–93.878, 93.892–93.893, National Contact Person: Cathleen L. Cooper, PHD, Institutes of Health, HHS) attend this meeting and to submit written comments. This meeting is in Scientific Review Administrator, Center for Dated: January 25, 2002. Scientific Review, National Institutes of addition to those identified in a prior LaVerne Y. Stringfield, Health, 6701 Rockledge Drive, Room 4208, Federal Register notice of December 11, MSC 7812, Bethesda, MD 30892, (301) 435– Director, Office of Federal Advisory 2001 (66 FR 64054). Committee Policy. 3566, [email protected]. DATES: The date and city location of the Name of Committee: Integrative, Function [FR Doc. 02–2385 Filed 1–30–02; 8:45 am] consultation meeting is as follows: and Cognitive Neuroscience Integrated BILLING CODE 4140–01–M • February 14, 2002—Portland, Review Group, Integrative, Functional and Oregon. Cognitive Neuroscience 7. Date: February 14–15, 2002. DEPARTMENT OF HEALTH AND ADDRESSES: The address for the Time: 8:30 AM to 5 PM. HUMAN SERVICES consultation meeting, which will begin Agenda: To review and evaluate grants promptly at 9 a.m., is as follows: applications. National Institutes of Health • Sheraton Hotel, 8235 NE Airport Place: George Washington University Inn, Way, Portland, Oregon 97220. 824 New Hampshire Ave., NW., Washington, DC 20037. Center for Scientific Review; FOR FURTHER INFORMATION CONTACT: Contact Person: Bernard F. Driscoll, PHD, Cancellation of Meeting Wayne R. Smith, Deputy Assistant Scientific Review Administrator, Center for Secretary—Indian Affairs, 1849 C Street, Scientific Review, National Institutes of Notice is hereby given of the NW., MS 4140 MIB, Washington, DC Health, 6701 Rockledge Drive, Room 5158, cancellation of the Cell Development 20240 (202/208–7163). MSC 7844, Bethesda, MD 20892, (301) 435– and Function 4, February 7, 2002, 8:30 SUPPLEMENTARY INFORMATION: The 1242. AM to February 8, 2002, 12:00 PM, purpose of this meeting is to involve Name of Committee: Genetic Sciences Georgetown Suites, 1000 29th Street, affected and interested parties in the Integrated Review Group, Genetics Study NW., Washington, DC, 20007 which was Section. process of organizing the Department’s published in the Federal Register on trust asset management responsibility Date: February 14–16, 2002. January 23, 2002, 67 FR 3221–3223. Time: 9 AM to 4 PM. functions. The Department has Agenda: To review and evaluate grants The meeting is cancelled due to a determined that there is a need for applications. quorum problem. dramatic change in the management of
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Indian trust assets. This need has been collection (OMB Control Number 1010– uses to determine if the lessee is made apparent in several ways. An 0095). reporting and paying the proper royalty independent consultant has analyzed amount. important components of the SUMMARY: To comply with the Regulations at 30 CFR 206.54(b)(1), Department’s trust reform activities and Paperwork Reduction Act (PRA) of 206.109(c)(1), 206.156(c)(1), and made several recommendations, 1995, we are submitting to OMB for 206.177(c)(1) establish the limit on including the recommendation that the review and approval an information transportation allowance deductions for Department consolidate trust functions collection request (ICR) titled ‘‘Request oil and gas at 50 percent of the value of under a single entity. Concerns have to Exceed Regulatory Allowance the oil or gas at the point of sale. also been raised in the Cobell v. Norton Limitation.’’ We are also soliciting Regulations at 30 CFR 206.54(b)(2), case, which is currently pending in the comments from the public on this ICR. 206.109(c)(2), 206.156(c)(3), and Federal District Court for the District of DATES: Submit written comments on or 206.177(c)(2)–(3) provide that MMS may Columbia. Internal review has also before March 4, 2002. approve a transportation allowance in supported reorganization. Additionally, ADDRESSES: Submit written comments excess of 50 percent upon proper a recent report commissioned by the to the Office of Information and application from the royalty payor. Department of the Interior has Regulatory Affairs, OMB, Attention: Similar regulations at 30 CFR 2 supported reorganization. A new office Desk Officer for the Department of the 206.158(c)(2) establish 66 ⁄3 percent of in the Department, the Office of Indian Interior (OMB Control Number 1010– the value of each gas plant product as Trust Transition, has been created to 0095), 725 17th Street, NW, the limit on the allowable gas plan and support reorganization. While Washington, DC 20503. Also, submit processing deduction. Regulations at 30 preliminary actions have been taken by copies of your written comments to CFR 206.158(c)(3) provide for the the Department, the plan for Carol Shelby, Regulatory Specialist, approval of a gas processing allowance 2 reorganization is still in the early stages Minerals Management Service, MS in excess of 66 ⁄3 percent when properly of development. 320B2, P.O. Box 25165, Denver, requested by a Federal gas royalty Written comments may be submitted Colorado 80225. If you use an overnight payor. Effective January 2000, Indian gas regulations do not contain any at the meeting location or may be courier service, MMS’s courier address provisions to exceed the 662⁄3 percent mailed to the address indicated under is Building 85, Room A–614, Denver processing allowance limit. FOR FURTHER INFORMATION Federal Center, Denver, Colorado 80225. the heading To request permission to exceed an CONTACT. Interested persons may FOR FURTHER INFORMATION CONTACT: allowance limit, royalty payors must examine written comments during Carol Shelby, Regulatory Specialist, write a letter to MMS providing the regular business hours (7:45 a.m. to 4:15 phone (303) 231–3151 or FAX (303) reasons why a higher allowance limit is p.m. EST) as arranged by the Assistant 231–3385. necessary. MMS developed Form MMS– Secretary—Indian Affairs, Washington, SUPPLEMENTARY INFORMATION: 4393 to be included with the payor’s DC, Monday through Friday, except for Title: Request to Exceed Regulatory request because in previous Federal holidays. Commenters who Allowance Limitation. unstructured requests some necessary wish to remain anonymous must clearly OMB Control Number: 1010–0095. information was frequently omitted. state this preference at the beginning of Bureau Form Number: Form MMS– MMS is seeking approval to revise their written comments. The 4393. Form MMS–4393. These revisions are Department will honor requests for Abstract: The Department of the necessary to make Form MMS–4393 anonymity to the extent allowable by Interior (DOI) is responsible for matters compatible with other recently revised law. relevant to mineral resource forms such as the Form MMS–2014, This meeting supports administrative development on Federal and Indian Report of Sales and Royalty Remittance policy on tribal consultation by lands and the Outer Continental Shelf (OMB control number 1010–0140). encouraging maximum direct (OCS). The Secretary of the Interior These revisions are the result of a major participation of representatives of tribal (Secretary) is responsible for managing reengineering of MMS’s financial and governments, tribal organizations and the production of minerals from Federal compliance processes and the other interested persons in important and Indian lands and the OCS, procurement of a new computer system. Departmental processes. collecting royalties from lessees who For example, during the reengineering Dated: January 25, 2002. produce minerals, and distributing the process, MMS decided to eliminate the J. Steven Griles, funds collected in accordance with reporting of an accounting identification (AID) number and selling arrangement Deputy Secretary. applicable laws. The Secretary also has an Indian trust responsibility to manage number on all existing forms. In their [FR Doc. 02–2303 Filed 1–30–02; 8:45 am] Indian lands and seek advice and place, MMS is requiring a combination BILLING CODE 4310–02–M information from Indian beneficiaries. of lease and agreement numbers and MMS performs the royalty management sales type codes. Since the existing DEPARTMENT OF THE INTERIOR functions for the Secretary. Form MMS–4393 contains columns for Under certain circumstances, lessees AID and selling arrangement numbers, Minerals Management Service are authorized to deduct from royalty these columns must be removed and payments the reasonable actual costs of new columns for lease and agreement Agency Information Collection transporting the royalty portion of numbers must be added. The revised Activities: Submitted for Office of produced oil and gas from the lease to form requires similar types of Management and Budget (OMB) a processing or sales point not in the information to be provided by the payor Review; Comment Request immediate lease area. When gas is so we do not anticipate any changes in processed for the recovery of gas plant burden hours. The revised form will AGENCY: Minerals Management Service products, lessees may claim a become effective and replace the (MMS), Interior. processing allowance. Transportation existing form when our new financial ACTION: Notice of a revision of a and processing allowances are a part of and compliance system is fully currently approved information the product valuation process that MMS operational.
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Responses to this information involved in this collection of Estimated Annual Reporting and collection are required to obtain or information. Recordkeeping ‘‘Hour’’ Burden: retain a benefit. Proprietary information Frequency: Annually. 37 hours. See the following chart for a is requested and protected, and there are Estimated Number and Description of breakdown of the burden estimate by no questions of a sensitive nature Respondents: 75 royalty payors. CFR section and paragraph.
Annual num- 30 CFR section Reporting requirement Burden hours ber of re- Annual burden per response sponses hours
206.54(b)(2), 206.109(c)(2), 206.156(c)(3), An application for exception (using Form .5 75 37 206.158(c)(3), 206.177(c)(3). MMS–4393 . . .) shall contain all relevant and supporting documentation necessary for MMS to make a determination.
Estimated Annual Reporting and Public Comment Policy: We will make the National Park Service, U.S. Recordkeeping ‘‘Non-hour’’ Burden: We copies of these comments, including Department of the Interior has prepared have identified no ‘‘non-hour cost’’ names and home addresses of a Record of Decision and Statement of burden. respondents, available for public review Findings for Executive Orders 11988 Comments: Section 3506(c)(2)(A) of during regular business hours at our (‘‘Floodplain Management’’) and 11990 the PRA (44 U.S.C. 3501, et seq.) offices in Lakewood, Colorado. (‘‘Protection of Wetlands’’). requires each agency ‘‘* * * to provide Individual respondents may request DATES: The Record of Decision was notice * * * and otherwise consult that we withhold their home address recommended by the Superintendent of with members of the public and affected from the record, which we will honor to Cape Cod National Seashore, and agencies concerning each proposed the extent allowable by law. There may approved by the Director of the collection of information * * *.’’ be circumstances in which we would Northeast Region on November 28, Agencies must specifically solicit withhold from the record a respondent’s 2001. The Statement of Findings was comments to (a) evaluate whether the identity, as allowable by the law. If you also recommended by the proposed collection of information is wish us to withhold your name and/or Superintendent of Cape Cod National necessary for the agency to perform its address, you must state this Seashore, certified for technical duties, including whether the prominently at the beginning of your adequacy and servicewide consistency information is useful; (b) evaluate the comments. However, we will not by both the Chief of the Water Resources accuracy of the agency’s estimate of the consider anonymous comments. We Division and the Northeast Region burden of the proposed collection of will make all submissions from Compliance Officer and approved by the information; (c) enhance the quality, organizations or businesses, and from Director of the Northeast Region on usefulness, and clarity of the individuals identifying themselves as November 28, 2001. information to be collected; and (d) representatives or officials of ADDRESSES: Inquires regarding the minimize the burden on the organizations or businesses, available respondents, including the use of Record of Decision or the Statement of for public inspection in their entirety. Findings should be submitted to the automated collection techniques or MMS Information Collection other forms of information technology. Superintendent, Cape Cod National Clearance Officer: Jo Ann Lauterbach, Seashore, 99 Marconi Site Road, To comply with the public telephone (202) 208–7744 consultation process, on August 15, Wellfleet, Massachusetts 02667. 2001, we published a Federal Register Dated: January 15, 2002. Telephone (508) 349–3785 or e-mail to notice (66 FR 42875) with the required Milton K. Dial, [email protected]. 60-day comment period announcing Acting Associate Director for Minerals SUPPLEMENTARY INFORMATION: The that we would submit this ICR to OMB Revenue Management. summary of the Record of Decision/ for approval. We received comments [FR Doc. 02–2270 Filed 1–30–02; 8:45 am] Statement of Findings follows: from one company. We responded to the BILLING CODE 4310–MR–P The Department of the Interior, comments in our ICR submission for National Park Service (NPS) has OMB approval. We will provide a copy prepared this Record of Decision (ROD)/ of the ICR to you without charge upon DEPARTMENT OF THE INTERIOR Statement of Findings (SOF) concerning request. the issuance of special use permits, If you wish to comment in response National Park Service which would allow for safety to this notice, please send your improvements at the Provincetown Record of Decision/Statement of comments directly to the offices listed Municipal Airport, Provincetown, Findings: Issuance of Permits, Which under the ADDRESSES section of this Massachusetts. This ROD/SOF responds Would Allow for Safety Improvements notice. OMB has up to 60 days to to and references the Final at the Provincetown Municipal Airport, approve or disapprove the information Environmental Impact Statement (FEIS), Provincetown, MA collection but may respond after 30 of April 7, 2000, for the Provincetown days. Therefore, to ensure maximum ACTION: Notice of approval of Record of Municipal Airport, Provincetown, consideration, OMB should receive your Decision. Massachusetts, and Department of comments by March 4, 2002. The PRA Transportation Section 4(F) Statement provides that an agency may not SUMMARY: Pursuant to subsection 102(2) as prepared by the Federal Aviation conduct or sponsor, and a person is not of the National Environmental Policy Administration (FAA). This ROD required to respond to, a collection of Act of 1969, and the regulations provides a statement of the decision information unless it displays a promulgated by the Council on made; a summary description of the currently valid OMB control number. Environmental Quality (40 CFR 1505.2), alternatives analyzed by FAA in their
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FEIS; the decision rationale; and FAA states that when the FAA Fire Management Plan for Chiricahua identification of the environmentally detects a need to further consider National Monument. preferable alternative; a description of runway extension, the FAA will fully mitigation measures; and a discussion of document the need and initiate re- SUMMARY: Under the provisions of the impairment. evaluation of the several factors that National Environmental Policy Act of The U.S. Department of the Interior affect the Federal decision making 1969, the National Park Service is owns the land under the airport. Two process for identifying and selecting the preparing an environmental impact twenty-year Special Use Permits have runway extension alternatives and the statement for the Fire Management Plan been issued and/or updated to the Town adequacy of the FAA ROD, by way of an for Chiricahua National Monument. of Provincetown, as of 6/01/98 and 6/ Environmental Assessment (EA). This effort will result in a new wildland 19/98, to operate a municipal airport Section 4(f) and Executive Order 11990 fire management plan that meets current within a prescribed permit area compliance for runway extension will policies, provides a framework for boundary indicated in the NPS permit(s) be duly accomplished at that time. NPS making fire-related decisions, and for aviation operations. One covers the decision-making on the runway serves as an operational manual. runway area and operational facilities extension is also deferred to that time. Development of a new fire plan is and the other relates to navigational compatible with the broader goals and lighting and instrumentation facilities. Decision (Selected Action) objectives derived from the park Section 4(f) of the Department of purpose that governs resources The National Park Service will adjust Transportation Act of 1966 (recodified management. Alternatives are based on the parkland area permitted for airport at 49 U.S.C. 303) requires ‘‘that the internal scoping done by National Park Secretary shall not approve any program use based only on the proposed actions Service staff on October 17 and 18, or project which requires the use of any related to the Runway Safety Area, 2001. Besides the No-action alternative, public park, recreation area, or wildlife parking aprons, and lighting system as preliminary alternatives include the and waterfowl refuge of national, state, described for safety improvements in proposed Corridor Plan alternative and or local significance as determined by the FEIS for the Provincetown Landscape Plan alternative. The No- the officials having jurisdiction thereof Municipal Airport issued in April 2000 action alternative maintains the current unless there is no feasible and prudent and the FAA’s ROD, signed November 1992 fire management plan strategy of alternative to the use of such land and 21, 2000. This will involve exchange suppression, prescribed natural fire, and such program or project includes all and re-designation of the airport land prescribed burning. The proposed possible planning to minimize harm use footprint, by returning two acres of alternative Corridor Plan alternative resulting from the use.’’ The pending previously permitted land, back to would allow natural fires and issuance of permits covered by this ROD parkland use, and permitting 0.96 acres prescribed fires that meet management for safety improvements necessitated an (incorrectly described in the FAA FEIS objectives except in the narrow corridor impact analysis of 4(f) land, as parkland and FAA ROD as 0.69 acres) of of developments. This area of the park beyond that currently permitted for the parklands needed to serve navigational would be subject to suppression and various airport purposes was requested localizer relocation and its associated selective prescribed burning and by FAA. A Statement of Findings on critical area use. The two acres of mechanical thinning to reduce fuel wetland protection was also prepared to previously permitted parklands are hazards. The Landscape Plan alternative address wetland and floodplain being relinquished by FAA to revert to would call for the National Park Service impacts. parkland uses, in compensation for the and adjacent US Forest Service to The FEIS for the Provincetown new acreage provided for the localizer. jointly formulate a fire management Municipal Airport was prepared by the These two acres are located in a plan that covers the entire landscape of FAA to cover their actions related to surficially undisturbed dune area which the Chiricahua Mountains or a more implementing the airport Master Plan. possess greater ecological value than the naturally-bound portion of the range. The NPS cooperated in the development portion of land being exchanged, Major issues are environmental effects of the FEIS by providing technical input located between the eastern end of the of the FMP that are potential problems and review/commentary on impact runway and Race Point Road. and include reduction of plant and analysis. The Airport Master Plan is Dated: November 28, 2001. wildlife populations, disturbance of basic to FAA’s procedures to develop an Marie Rust, unique sites, increased erosion or debris Airport Layout Plan that guides physical flow, increased air pollution, hazards to airport development and improvement Northeast Regional Director, National Park Service. life and property, visitor inconvenience, such as alterations to runway safety reduced tourism, and damage to cultural [FR Doc. 02–2286 Filed 1–30–02; 8:45 am] areas, the apron area, and replacement resources of an approach light system. BILLING CODE 4310–76–P A scoping brochure has been prepared A runway extension was evaluated in describing the issues identified to date. the FEIS on the basis of current Copies of the brochures may be obtained development interests and currently DEPARTMENT OF THE INTERIOR from Superintendent, Chiricahua feasible alternative considerations; National Monument, 13063 E. Bonita National Park Service however, funding for the project is not Canyon Road, Willcox, AZ 85643–9737. being approved at this time and further Notice of Intent; Fire Management The scoping period will be 30 days from evaluation of this action will be pursued Plan, Environmental Impact Statement, the date this notice is published in the according to conditions outlined in a Chiricahua National Monument, Federal Register. General Agreement prepared by the Arizona FAA and NPS, the essential text of Comments which is presented in the FEIS. The If you wish to comment on the AGENCY: National Park Service, inclusion of the runway extension in the scoping brochure, you may submit your Department of the Interior. FEIS and the Airport Layout Plan was comments by any one of several for planning consideration only. ACTION: Notice of intent to prepare an methods. You may mail comments to Basically, the agreement between NPS environmental impact statement for the Superintendent, Chiricahua National
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Monument, 13063 E. Bonita Canyon DEPARTMENT OF THE INTERIOR The National Park Service (NPS) Road, Willcox, AZ 85643–9737. You maintains two parks sites within the may also comment via the Internet to National Park Service region: Valley Forge National Historical [email protected]. Please Park and the Hopewell Furnace Notice of Intent To Prepare an submit Internet comments as an ASCII National Historic Site. Otherwise the Environmental Impact Statement for file avoiding the use of special majority of land is non-federal and the the Schuylkill River Valley National NPS assumes a management role only characters and any form of encryption. Heritage, Management Plan Update Please also include ‘‘Attn: Chiricahua within their park units. Instead, Fire Management Plan’’ and your name AGENCY: National Park Service, conservation, interpretation and other and return address in your Internet Department of the Interior. activities are managed by partnerships among federal, state, and local message. If you do not receive a ACTION: Notice of intent to prepare an governments and private nonprofit confirmation from the system that we Environmental Impact Statement for the organizations. The Schuylkill River have received your Internet message, Schuylkill River Valley National Greenway Association manages the contact us directly at Resources Heritage Management Plan Update. national heritage area. The National Management 520–824–3560 x120. SUMMARY: Under the provisions of the Park Service has been authorized by Finally, you may hand-deliver Congress to provide technical and comments to the above address or at the National Environmental Policy Act of 1969, the National Park Service is financial assistance for a limited period two public meetings that will be held in preparing an environmental impact (up to 10 years from the time of the Portal, Arizona, and a location near the statement (EIS) for the Management designation in 2000). monument. Notification of the public Plan for the Schuylkill River Valley The EIS will address a range of meetings will be given in a brochure National Heritage Area. The Schuylkill alternatives—they include a no-action describing the fire planning process, River Valley National Heritage Act of alternative and other action alternatives. which will be mailed to the addresses 2000 requires the Schuylkill River The impacts of the alternatives will be generated for the monument’s recently Greenway Association, with guidance assessed through the EIS process. approved general management plan. from the National Park Service, to A scoping meeting will be scheduled The brochure will be mailed once we prepare an update of their 1995 and notice will be made of the meeting are notified of the date that this Notice Schuylkill Heritage Corridor through a broad public mailing and of Intent is published in the Federal Management Action Plan. The publication in the local newspapers. Register. If you are not on the Management Plan Update is expected to FOR FURTHER INFORMATION CONTACT: monument’s mailing list and would like include: (A) actions to be undertaken by Peter Samuel, Project Leader, a copy of the brochure, please contact units of government and private Philadelphia Support Office, National the Superintendent. organizations to protect the resources of Park Service, US Custom House, 200 Our practice is to make comments, the Heritage Area; (B) an inventory of Chestnut Street, Philadelphia, PA including names and home addresses of the resources contained in the Heritage 19106, [email protected], 215– respondents, available for public review Area, including an list of any property 597–1848. in the Heritage Area that is related to the during regular business hours. If you correspond using the internet, themes of the Heritage Area and that Individual respondents may request that please include your name and return should be preserved, restored, managed, address in your e-mail message. Our we withhold their home address from developed, or maintained because of its the record, which we will honor to the practice is to make comments, including natural, cultural, historical, recreational, names and home addresses of extent allowable by law. There also may or scenic significance; (C) a be circumstances in which we would respondents, available for public recommendation of policies for resource review. Individual respondents may withhold from the record a respondent’s management that considers and details identity, as allowable by law. If you request that we withhold their home application of appropriate land and address from the record, which we will wish us to withhold your name and/or water management techniques, address, you must state this honor or the extent allowable by law. including the development of There also may be circumstances in prominently at the beginning of your intergovernmental cooperative which we would withhold from the comment. We will make all submissions agreements to protect the historical, record a respondent’s identify, as from organizations or businesses, and cultural, recreational, and natural allowable by law. If you wish us to from individuals identifying themselves resources of the Heritage Area in a withhold your name and/or address, as representatives or officials of manner consistent with supporting you must state this prominently at the organizations or businesses, available appropriate and compatible economic beginning of your comment. However, for public inspection in their entirety. viability; (D) a program for we will not consider anonymous implementation of the management plan FOR FURTHER INFORMATION CONTACT: comments. We will make all by the management entity; (E) an submissions from organizations or Superintendent, Chiricahua National analysis of ways in which local, State, Monument, 520–824–3560 x105. businesses, and from individuals and Federal programs may best be identifying themselves as Dated: December 20, 2001. coordinated to promote the purposes of representatives or officials or Michael D. Snyder, this title; and (F) an interpretation plan organizations or businesses, available for the Heritage Area. Acting Director, Intermountain Region, for public inspection in their entirety. National Park Service. The study area, designated as the Schuylkill River Valley National Dated: December 18, 2001. [FR Doc. 02–2308 Filed 1–30–02; 8:45 am] Heritage, includes parts of the counties Dale Ditmanson, BILLING CODE 4310–70–P of: Schuykill, Berks, Chester, Associate Regional Director, Park Operations Montgomery and Philadelphia in and Education, Northeast Region. southeastern Pennsylvania as associated [FR Doc. 02–2306 Filed 1–30–02; 8:45 am] with the Schuylkill River corridor. BILLING CODE 4310–70–M
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DEPARTMENT OF THE INTERIOR properties under the National Register MISSOURI criteria for evaluation may be forwarded Maries County National Park Service by United States Postal Service, to the National Register of Historic Places, Maries County Jail and Sheriff’s House, Jct. Golden Gate National Recreational National Park Service, 1849 C St. NW, of Fifth and Mill Sts., Vienna, 02000101 Area and Point Reyes National NC400, Washington, DC 20240; by all Osage County Seashore Advisory Commission; other carriers, National Register of Notice of Meeting Cancellation Zewicki, Dr. Enoch T. and Amy, House, 402 Historic Places, National Park Service, E. Main St., Linn, 02000121 Notice is hereby given in accordance 800 N. Capitol St.NW, Suite 400, St. Louis Independent City with the Federal Advisory Committee Washington DC 20002; or by fax, 202– Act that the meeting of the Golden Gate 343–1836 . Written or faxed comments Delany Building, 1000–06 Loust St., St. Louis National Recreational Area and Point should be submitted by February 15, (Independent City), 02000102 2002. Reyes National Seashore Advisory MONTANA Commission previously scheduled for Carol D. Shull, Madison County Saturday, February 2, 2002 in Point Keeper of the National Register Of Historic Reyes Station, California will be Places. Byam, Dr. Don L., House, Main St., Nevada cancelled. City, 02000103 COLORADO The Advisory Commission was Finney House, Jct. of Main and California established by Public Law 92–589 to Denver County Sts., Nevada City, 02000104 provide for the free exchange of ideas Kerr House, 1900 E. 7th Ave. Pkwy, Denver, Yellowstone County between the National Park Service and 02000125 Electric Building, 113–115 Broadway, the public and to facilitate the Pueblo County Billings, 02000105 solicitation of advice and other counsel St. John’s Greek Orthodox Church, 1000– NEVADA from members of the public on 1010 Spruce St., Pueblo, 02000123 problems pertinent to the National Park Clark County Service systems in Marin, San Francisco GEORGIA Sloan Petroglyph Site (Boundary Increase), and San Mateo Counties. Members of Madison County Address Restricted, Las Vegas, 02000114 the Commission are as follows: Paoli Historic District, Jct. of Cty Rd. 334 amd Mr. Richard Bartke, Chairman Cty Rd. 331, Paoli, 02000094 NEW JERSEY Ms. Susan Giacomini Allan Morgan County Atlantic County Mr. Michael Alexander Buckhead Historic District, Roughly bounded Doughty, John, House, 40 North Shore Rd., Ms. Lennie Roberts by Main St. and Parks Mill, Seven Islands Absecon City, 02000107 Mr. Fred Rodriquez and Baldwin Dairy Rds., Buckhead, Mr. Redmond Kernan 02000097 Middlesex County Mr. Gordon Bennett Washington County Roosevelt Hospital, 1 Roosevelt Dr., Edison, Mr. John J. Spring 02000109 Mr. Doug Nadeau Sanderville Commercial and Industrial District, (Georgia County Courthouses TR) Morris County Ms. Amy Meyer, Vice Chair Roughly Jernigan, Gilmore, North Smith, United States Army Steam Locomotice No. Mr. Douglas Siden East Haynes, W. Haynes, and Warthen Sts., Mr. Dennis J. Rodoni Sandersville, 02000120 4039, 1 Railroad Plaza, 10 West and Ms. Yvonne Lee Whippany Rd., Hanover Township, ILLINOIS Mr. Trent Orr 02000108 Ms. Betsey Cutler Adams County Union County Ms. Anna-Marie Booth Ursa Town Hall, 109 S. Warsaw St., Ursa, Grace Episcopal Church, 600 Cleveland Ave., 02000095 Dr. Edgar Wayburn Plainfield City, 02000106 Mr. Paul Jones Woodland Cemetery, 1020 S. Fifth St., Quincy, 02000096 NORTH CAROLINA Dated: January 11, 2002. Don L. Neubacher, Coles County Burke County Superintendent, Point Reyes National Illinois Central Railroad Depot, 1718 Sloan—Throneburg Farm, NC 1429, 0.3 mi. Seashore. Broadway Ave., Mattoon, 02000098 W of jct. with NC 1450, Chesterfield, [FR Doc. 02–2307 Filed 1–30–02; 8:45 am] Cook County 02000110 BILLING CODE 4310–70–M Aquitania, The, 5000 Marine Dr., Chicago, Lee County 02000099 Gunderson Historic District, Roughly Farish—Lambeth House, (Lee County MPS) DEPARTMENT OF THE INTERIOR bounded by Madison St., Harrison St. 6308 Deep River Rd., Sanford, 02000111 Gunderson St., and S. Ridgeland Ave., Oak Mitchell County National Park Service Park, 02000100 Gunter Building, 288 Oak Ave., Spruce Pine, LOUISIANA National Register of Historic Places; 02000112 Natchitoches Parish Notification of Pending Nominations Surry County Jones, Jerry, House, LA 484, Melrose, Nominations for the following 02000124 Hauser Farm, 308 Horne Creek Farm Rd., properties being considered for listing Pinnacle, 02000113 MARYLAND in the National Register were received SOUTH CAROLINA by the National Park Service before Calvert County Greenwood County January 19, 2002. Pursuant to § 60.13 of JEFFERSONIAN Gunboats NUMBER 137 and 36 CFR part 60 written comments NUMBER 138 (Shipwreck), Address Old Greenwood Cemetery, 503 E. Cambridge concerning the significance of these Restricted, St. Leonard, 02000122 Ave., Greenwood, 02000115
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TEXAS for the determinations within this Shoshone Band of California; Duckwater Brazos County notice. Shoshone Tribe of the Duckwater A detailed assessment of the human Reservation, Nevada; Ely Shoshone Bryan Municipal Building, (Bryan MRA) 111 remains was made by University of E. 27th St., Bryan, 02000116 Tribe of Nevada; Fort McDermitt Paiute Denver Department of Anthropology and Shoshone Tribes of the Fort Harris County and Museum of Anthropology McDermitt Indian Reservation, Nevada Boulevard Oaks Historic District, Roughly professional staff and a contract and Oregon; Northwestern Band of bounded by North Blvd., South Blvd., physical anthropologist in consultation Shoshoni Nation of Utah (Washakie); Hazard and Mandell Sts., Houston, with representatives of the Big Pine Paiute-Shoshone Indians of the Bishop 02000117 Band of Owens Valley Paiute Shoshone Community of the Bishop Colony, VERMONT Indians of the Big Pine Reservation, California; Paiute-Shoshone Indians of California; Death Valley Timbi-Sha Franklin County the Lone Pine Community of the Lone Shoshone Band of California; Duckwater Pine Reservation, California; Paiute- Swanton School, (Educational Resources of Shoshone Tribe of the Duckwater Shoshone Tribe of the Fallon Vermont MPS) 53 Church St., Swanton, Reservation, Nevada; Ely Shoshone 02000118 Reservation and Colony, Nevada; Tribe of Nevada; Fort McDermitt Paiute Shoshone Tribe of the Wind River Windsor County and Shoshone Tribes of the Fort Reservation, Wyoming; Shoshone- Atherton Farmstead, 31 Greenbush Rd., McDermitt Indian Reservation, Nevada Bannock Tribes of the Fort Hall Cavendish, 02000119 and Oregon; Northwestern Band of Reservation of Idaho; Shoshone-Paiute A request for REMOVAL has been made for Shoshoni Nation of Utah (Washakie); Tribes of the Duck Valley Reservation, the following resources: Paiute-Shoshone Indians of the Bishop Nevada; Te-Moak Tribes of Western SOUTH DAKOTA Community of the Bishop Colony, Shoshone Indians of Nevada (four California; Paiute-Shoshone Indians of constituent bands: Battle Mountain Jones County the Lone Pine Community of the Lone Band, Elko Band, South Fork Band, and Van Metre Bridge (Historic Bridges in South Pine Reservation, California; Paiute- Wells Band); and the Yomba Shoshone Dakota MPS) Local Rd. over the Bad R. Shoshone Tribe of the Fallon Tribe of the Yomba Reservation, Murdo vicinity, 93001296 Reservation and Colony, Nevada; Nevada. Shoshone Tribe of the Wind River WISCONSIN Based on the above-mentioned Reservation, Wyoming; Shoshone- Waukesha County Bannock Tribes of the Fort Hall information, officials of the University Waukesha County Airport Hangar 24151 W. Reservation of Idaho; Shoshone-Paiute of Denver Department of Anthropology Bluemound Rd., Waukesha, 98001596 Tribes of the Duck Valley Reservation, and Museum of Anthropology have [FR Doc. 02–2287 Filed 1–30–02; 8:45 am] Nevada; Te-Moak Tribes of Western determined that, pursuant to 43 CFR 10.2 (d)(1), the human remains listed BILLING CODE 4310–70–P Shoshone Indians of Nevada (four constituent bands: Battle Mountain above represent the physical remains of Band, Elko Band, South Fork Band, and two individuals of Native American DEPARTMENT OF THE INTERIOR Wells Band); and the Yomba Shoshone ancestry. Also, officials of the Tribe of the Yomba Reservation, University of Denver Department of National Park Service Nevada. Anthropology and Museum of Around 1940, human remains Anthropology have determined that, Notice of Inventory Completion for representing two individuals were pursuant to 43 CFR 10.2 (e), there is a Native American Human Remains and collected from the area of Big Sandy, relationship of shared group identity Associated Funerary Objects in the Sublette County, WY, by Scott Peterson that can be reasonably traced between Possession of the University of Denver (Crow) and Alice Peterson (Shoshone). these Native American human remains Department of Anthropology and At an unknown date, the Petersons gave and the Big Pine Band of Owens Valley Museum of Anthropology, Denver, CO the remains to Theodore Sowers. Mr. Paiute Shoshone Indians of the Big Pine AGENCY: National Park Service, Interior. Sowers was a graduate of the University Reservation, California; Death Valley Timbi-Sha Shoshone Band of California; ACTION: Notice. of Denver and, in 1995, his daughters donated the remains to the University of Duckwater Shoshone Tribe of the Notice is hereby given in accordance Denver so that they could be repatriated. Duckwater Reservation, Nevada; Ely with provisions of the Native American No known individuals were identified. Shoshone Tribe of Nevada; Fort Graves Protection and Repatriation Act No associated funerary objects are McDermitt Paiute and Shoshone Tribes (NAGPRA), 43 CFR 10.9, of the present. of the Fort McDermitt Indian completion of an inventory of human The statements of the collectors and Reservation, Nevada and Oregon; remains and associated funerary objects the donor indicate that these remains Northwestern Band of Shoshoni Nation in the possession of the University of are Native American, which are of Utah (Washakie); Paiute-Shoshone Denver Department of Anthropology supported by the osteological and Indians of the Bishop Community of the and Museum of Anthropology, Denver, geographical evidence. Linguistic and Bishop Colony, California; Paiute- CO. ethnographic evidence indicates that the Shoshone Indians of the Lone Pine This notice is published as part of the ancestors of the Eastern Shoshone Community of the Lone Pine National Park Service’s administrative arrived in the Wind River region by A.D. Reservation, California; Paiute- responsibilities under NAGPRA, 43 CFR 1000, and perhaps much earlier. The Shoshone Tribe of the Fallon 10.2 (c). The determinations within this condition of the remains suggests that Reservation and Colony, Nevada; notice are the sole responsibility of the they are probably younger than 1000 Shoshone Tribe of the Wind River museum, institution, or Federal agency years old. The Eastern Shoshone are Reservation, Wyoming; Shoshone- that has control of these Native currently represented by the Big Pine Bannock Tribes of the Fort Hall American human remains and Band of Owens Valley Paiute Shoshone Reservation of Idaho; Shoshone-Paiute associated funerary objects. The Indians of the Big Pine Reservation, Tribes of the Duck Valley Reservation, National Park Service is not responsible California; Death Valley Timbi-Sha Nevada; Te-Moak Tribes of Western
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Shoshone Indians of Nevada (four Shoshone Tribe of the Wind River participation procedures will be constituent bands: Battle Mountain Reservation, Wyoming; Shoshone- coordinated with those involved in Band, Elko Band, South Fork Band, and Bannock Tribes of the Fort Hall complying with the National Wells Band); and the Yomba Shoshone Reservation of Idaho; Shoshone-Paiute Environmental Policy Act. Tribe of the Yomba Reservation, Tribes of the Duck Valley Reservation, ADDRESSES: The identity of the Nevada. Nevada; Te-Moak Tribes of Western approving officer and other information This notice has been sent to officials Shoshone Indians of Nevada (four pertaining to a specific contract of the Big Pine Band of Owens Valley constituent bands: Battle Mountain proposal may be obtained by calling or Paiute Shoshone Indians of the Big Pine Band, Elko Band, South Fork Band, and writing the appropriate regional office at Reservation, California; Death Valley Wells Band); and the Yomba Shoshone the address and telephone number given Timbi-Sha Shoshone Band of California; Tribe of the Yomba Reservation, for each region in the supplementary Duckwater Shoshone Tribe of the Nevada, may begin after that date if no information. additional claimants come forward. Duckwater Reservation, Nevada; Ely FOR FURTHER INFORMATION CONTACT: Shoshone Tribe of Nevada; Fort Dated: January 14, 2002. Sandra L. Simons, Manager, Water McDermitt Paiute and Shoshone Tribes Robert Stearns, Contracts and Repayment Office, Bureau of the Fort McDermitt Indian Manager, National NAGPRA Program. of Reclamation, PO Box 25007, Denver, Reservation, Nevada and Oregon; [FR Doc. 02–2309 Filed 1–30–02; 8:45 am] Colorado 80225–0007; telephone 303– Northwestern Band of Shoshoni Nation BILLING CODE 4310–70–S 445–2902. of Utah (Washakie); Paiute-Shoshone SUPPLEMENTARY INFORMATION: Pursuant Indians of the Bishop Community of the to section 226 of the Reclamation Bishop Colony, California; Paiute- DEPARTMENT OF THE INTERIOR Reform Act of 1982 (96 Stat. 1273) and Shoshone Indians of the Lone Pine 43 CFR 426.20 of the rules and Community of the Lone Pine Bureau of Reclamation regulations published in 52 FR 11954, Reservation, California; Paiute- Quarterly Status Report of Water Apr. 13, 1987, Reclamation will publish Shoshone Tribe of the Fallon notice of the proposed or amendatory Reservation and Colony, Nevada; Service, Repayment, and Other Water- Related Contract Negotiations contract actions for any contract for the Shoshone Tribe of the Wind River delivery of project water for authorized Reservation, Wyoming; Shoshone- AGENCY: Bureau of Reclamation, uses in newspapers of general Bannock Tribes of the Fort Hall Interior. circulation in the affected area at least Reservation of Idaho; Shoshone-Paiute ACTION: Notice. 60 days prior to contract execution. Tribes of the Duck Valley Reservation, Pursuant to the ‘‘Final Revised Public Nevada; Te-Moak Tribes of Western SUMMARY: Notice is hereby given of Participation Procedures’’ for water Shoshone Indians of Nevada (four proposed contractual actions pending resource-related contract negotiations, constituent bands: Battle Mountain through December 31, 2001, and published in 47 FR 7763, Feb. 22, 1982, Band, Elko Band, South Fork Band, and contract actions that have been a tabulation is provided of all proposed Wells Band); and the Yomba Shoshone completed or discontinued since the last contractual actions in each of the five Tribe of the Yomba Reservation, publication of this notice on October 25, Reclamation regions. Each proposed Nevada. Representatives of any other 2001. From the date of this publication, action is, or is expected to be, in some Indian tribe that believes itself to be future quarterly notices during this stage of the contract negotiation process culturally affiliated with these human calendar year will be limited to new, in 2002. When contract negotiations are remains should contact Jan I. Bernstein, modified, discontinued, or completed completed, and prior to execution, each Collections Manager and NAGPRA contract actions. This annual notice proposed contract form must be Coordinator at the University of Denver should be used as a point of reference approved by the Secretary of the Department of Anthropology and to identify changes in future notices. Interior, or pursuant to delegated or Museum of Anthropology, 2000 Asbury, This notice is one of a variety of means redelegated authority, the Commissioner Sturm Hall S-146, Denver, CO 80208- used to inform the public about of Reclamation or one of the regional 2406, email [email protected], telephone proposed contractual actions for capital directors. In some instances, (303) 871-2543, before March 4, 2002. recovery and management of project congressional review and approval of a Repatriation of the human remains to resources and facilities. Additional report, water rate, or other terms and the Big Pine Band of Owens Valley Bureau of Reclamation (Reclamation) conditions of the contract may be Paiute Shoshone Indians of the Big Pine announcements of individual contract involved. Reservation, California; Death Valley actions may be published in the Federal Public participation in and receipt of Timbi-Sha Shoshone Band of California; Register and in newspapers of general comments on contract proposals will be Duckwater Shoshone Tribe of the circulation in the areas determined by facilitated by adherence to the following Duckwater Reservation, Nevada; Ely Reclamation to be affected by the procedures: Shoshone Tribe of Nevada; Fort proposed action. Announcements may 1. Only persons authorized to act on McDermitt Paiute and Shoshone Tribes be in the form of news releases, legal behalf of the contracting entities may of the Fort McDermitt Indian notices, official letters, memorandums, negotiate the terms and conditions of a Reservation, Nevada and Oregon; or other forms of written material. specific contract proposal. Northwestern Band of Shoshoni Nation Meetings, workshops, and/or hearings 2. Advance notice of meetings or of Utah (Washakie); Paiute-Shoshone may also be used, as appropriate, to hearings will be furnished to those Indians of the Bishop Community of the provide local publicity. The public parties that have made a timely written Bishop Colony, California; Paiute- participation procedures do not apply to request for such notice to the Shoshone Indians of the Lone Pine proposed contracts for sale of surplus or appropriate regional or project office of Community of the Lone Pine interim irrigation water for a term of 1 Reclamation. Reservation, California; Paiute- year or less. Either of the contracting 3. Written correspondence regarding Shoshone Tribe of the Fallon parties may invite the public to observe proposed contracts may be made Reservation and Colony, Nevada; contract proceedings. All public available to the general public pursuant
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to the terms and procedures of the 1. Irrigation, M&I, and miscellaneous Teanaway River and Big Creek water Freedom of Information Act (80 Stat. water users; Idaho, Oregon, Washington, rights to Reclamation for instream flow 383), as amended. Montana, and Wyoming: Temporary or use in exchange for annual use of up to 4. Written comments on a proposed interim water service contracts for 3,500 acre-feet of water from Cle Elum contract or contract action must be irrigation, M&I, or miscellaneous use to Reservoir for a proposed resort submitted to the appropriate regional provide up to 10,000 acre-feet of water development. officials at the locations and within the annually for terms up to 5 years; long- 12. City of Cle Elum, Yakima Project, time limits set forth in the advance term contracts for similar service for up Washington: Contract for up to 2,170 public notices. to 1,000 acre-feet of water annually. acre-feet of water for municipal use. 5. All written comments received and 2. Rogue River Basin Water Users, 13. Burley ID, Minidoka Project, testimony presented at any public Rogue River Basin Project, Oregon: Idaho-Wyoming: Supplemental and hearings will be reviewed and Water service contracts; $8 per acre-foot amendatory contract providing for the summarized by the appropriate regional per annum. transfer of O&M of the headworks of the office for use by the contract approving 3. Willamette Basin Water Users, Main South Side Canal and works authority. Willamette Basin Project, Oregon: Water incidental thereto. 6. Copies of specific proposed service contracts; $8 per acre-foot per 14. Minidoka ID, Minidoka Project, contracts may be obtained from the annum. Idaho-Wyoming: Supplemental and appropriate regional director or his 4. Pioneer Ditch Company, Boise amendatory contract providing for the designated public contact as they Project, Idaho; Clark and Edwards Canal transfer of O&M of the headworks of the become available for review and and Irrigation Company, Enterprise Main North Side Canal and works comment. Canal Company, Ltd., Fremont-Madison incidental thereto. 7. In the event modifications are made ID, Lenroot Canal Company, Liberty 15. Fremont-Madison ID, Minidoka in the form of a proposed contract, the Park Canal Company, Parsons Ditch Project, Idaho-Wyoming: Repayment appropriate regional director shall Company, Poplar ID, Wearyrick Ditch contract for reimbursable cost of SOD determine whether republication of the Company, all in the Minidoka Project, modifications to Grassy Lake Dam. notice and/or extension of the comment Idaho; Juniper Flat District 16. Twenty-two irrigation districts of period is necessary. Improvement Company, Wapinitia the Storage Division, Yakima Project, Factors considered in making such a Project, Oregon; and Gem, Ridgeview, Washington: Repayment agreements for determination shall include, but are not and Owyhee IDs, Owyhee Project, the reimbursable cost of SOD limited to: (i) the significance of the Oregon: Amendatory repayment and modifications to Keechelus Dam. modification, and (ii) the degree of water service contracts; purpose is to 17. Wenatchee Heights Reclamation public interest which has been conform to the RRA (Public Law 97– District, Washington: Deferment expressed over the course of the 293). contract for the deferment of the negotiations. As a minimum, the 5. Bridgeport ID, Chief Joseph Dam District’s annual installments due in regional director shall furnish revised Project, Washington: Warren Act 2001 and 2002 under a Drought Act loan contracts to all parties who requested contract for the use of an irrigation contract. the contract in response to the initial outlet in Chief Joseph Dam. 18. Individual irrigation water user, public notice. 6. Palmer Creek Water District Rogue River Basin Project, Oregon: Improvement Company, Willamette Water service contract to provide 1,029 Acronym Definitions Used Herein Basin Project, Oregon: Irrigation water acre-feet of stored water from Lost Creek BON Basis of Negotiation service contract for approximately Reservoir (a Corps of Engineers’ project) BCP Boulder Canyon Project 13,000 acre-feet. Reclamation Bureau of Reclamation 7. U. S. Fish and Wildlife Service and for the purpose of irrigation. CAP Central Arizona Project Boise-Kuna ID, Boise Project, Idaho: 19. Roza ID, Yakima Project, CUP Central Utah Project Memorandum of agreement for the use Washington: Deferment contract for the CVP Central Valley Project of approximately 400 acre-feet of storage deferment of the District’s 2001 CRSP Colorado River Storage Project space annually in Anderson Ranch construction obligation under the D&MC Drainage and Minor Reservoir. Water to be used for wildlife Drought Act of 1959. Construction mitigation purposes (ponds and 20. Queener Irrigation Improvement FR Federal Register District, Willamette Basin Project, IDD Irrigation and Drainage District wetlands). 8. North Unit ID and/or city of Oregon: Renewal of long-term water ID Irrigation District service contract to provide up to 2,150 M&I Municipal and Industrial Madras, Deschutes Project, Oregon: acre-feet of stored water from the NEPA National Environmental Policy Long-term municipal water service Willamette Basin Project (a Corps of Act contract for provision of approximately O&M Operation and Maintenance 125 acre-feet annually from the project Engineers’ project) for the purpose of P–SMBP Pick-Sloan Missouri Basin water supply to the city of Madras. irrigation within the District’s service Program 9. North Unit ID, Deschutes Project, area. PPR Present Perfected Right Oregon: Warren Act contract with cost 21. Vale and Warm Springs IDs, Vale RRA Reclamation Reform Act of service charge to allow for use of Project, Oregon: Repayment contract for R&B Rehabilitation and Betterment project facilities to convey nonproject reimbursable cost of SOD modifications SOD Safety of Dams water. to Warm Springs Dam. SRPA Small Reclamation Projects Act 10. Baker Valley ID, Baker Project, 22. Hermiston, Stanfield, and West WCUA Water Conservation and Oregon: Warren Act contract with cost Extension IDs, Umatilla Project, Oregon: Utilization Act of service charge to allow for use of Amendatory repayment contracts for WD Water District project facilities to store nonproject long-term boundary expansions to Pacific Northwest Region: Bureau of water. include lands outside of federally Reclamation, 1150 North Curtis Road, 11. Trendwest Resorts, Yakima recognized district boundaries. Suite 100, Boise, Idaho 83706–1234, Project, Washington: Long-term water The following contract action has telephone 208–378–5223. exchange contract for assignment of been completed since the last
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publication of this notice on October 25, 5. Sutter Extension and Biggs-West facilities to be used to deliver 2001. Gridley WDs, Buena Vista Water Storage nonproject water to the El Dorado ID for 1. (14) Farmer’s and Buck and Jones District, and the State of California use within their service area. Ditch Associations or the Applegate Department of Water Resources, CVP, 15. Placer County Water Agency, CVP, Irrigation Corporation, Rogue River California: Pursuant to Public Law 102– California: Amendment of existing Basin Project, Oregon: Long-term 575, conveyance agreements for the water service contract to allow for irrigation water service contract for purpose of wheeling refuge water additional points of diversion and provision of up to 4,475 acre-feet of supplies and funding District facility adjustment to CVP water quantities. The stored water from Applegate Reservoir improvements and exchange agreements amended contract will conform to (a Corps of Engineers’ project) in to provide water for refuge and private current Reclamation law. exchange for the assignment of Little wetlands. 16. Horsefly, Klamath, Langell Valley, Applegate River natural flow rights to 6. Mountain Gate Community and Tulelake IDs, Klamath Project, Reclamation for instream flow use. Services District, CVP, California: Oregon: Repayment contract for SOD Contract was executed on October 1, Amendment of existing long-term water work on Clear Lake Dam. 2001. service contract to include right to 17. Casitas Municipal WD, Ventura Mid-Pacific Region: Bureau of renew. This amendment will also Project, California: Repayment contract Reclamation, 2800 Cottage Way, conform the contract to current for SOD work on Casistas Dam. Sacramento, California 95825–1898, Reclamation law, including Public Law 18. Warren Act Contracts, CVP, telephone 916–978–5250. 102–575. California: Execution of long-term 1. Irrigation water districts, individual 7. Cachuma Operation and Warren Act contracts (up to 25 years) irrigators, M&I and miscellaneous water Maintenance Board, Cachuma Project, with various entities for conveyance of users, Mid-Pacific Region projects other California: Repayment contract for SOD nonproject water in the Delta-Mendota than CVP: Temporary (interim) water work on Bradbury Dam. Canal and the Friant Division facilities. service contracts for available project 8. CVP Service Area, California: 19. Tuolumne Utilities District water for irrigation, M&I, or fish and Temporary water purchase agreements (formerly Tuolumne Regional WD), wildlife purposes providing up to for acquisition of 20,000 to 200,000 CVP, California: Long-term water 10,000 acre-feet of water annually for acre-feet of water for fish and wildlife service contract for up to 9,000 acre-feet terms up to 5 years; temporary Warren purposes as authorized by the Central from New Melones Reservoir, and Act contracts for use of project facilities Valley Project Improvement Act for possibly long-term contract for storage for terms up to 1 year; temporary terms of up to 3 years. of nonproject water in New Melones conveyance agreements with the State of 9. City of Roseville, CVP, California: Reservoir. California for various purposes; long- Execution of long-term Warren Act 20. Banta Carbona ID, CVP, California: term contracts for similar service for up contract for conveyance of nonproject Long-term Warren Act contract for to 1,000 acre-feet annually. water provided from the Placer County conveyance of nonproject water in the Note: Upon written request, copies of the Water Agency. This contract will allow Delta-Mendota Canal. standard forms of temporary water service CVP facilities to be used to deliver 21. Plain View WD, CVP, California: contracts for the various types of service are nonproject water to the City of Roseville Long-term Warren Act contract for available from the Regional Director at the for use within their service area. conveyance of nonproject water in the address shown above. 10. Sacramento Municipal Utility Delta-Mendota Canal. 2. Contractors from the American District, CVP, California: Amendment of 22. City of Redding, CVP, California: River Division, Cross Valley Canal, existing water service contract to allow Amend water service contract, No. 14– Delta Division, Friant Division, for additional points of diversion and 06–200–5272A, for the purpose of Sacramento River Division, San Felipe assignment of up to 30,000 acre-feet of renegotiating the provisions of contract Division, Shasta Division, Trinity River project water to the Sacramento County Article 15, ‘‘Water Shortage and Division, and West San Joaquin Water Agency. The amended contract Apportionment,’’ to conform to current Division, CVP, California: Early renewal will conform to current Reclamation CVP M&I water shortage policy. of existing long-term contracts; long- law. 23. Byron-Bethany ID, CVP, term renewal of the interim renewal 11. Mercy Springs WD, CVP, California: Long-term Warren Act water service contracts expiring in 2002; California: Partial assignment of about contract for conveyance of nonproject water quantities for these contracts total 7,000 acre-feet of Mercy Springs WD’s water in the Delta-Mendota Canal. in excess of 3.4M acre-feet. These water service contract to Westlands WD 24. Resource Renewal Institute, CVP, contract actions will be accomplished for agricultural use. California: Proposed water purchase through long-term renewal contracts 12. Cachuma Operations and agreement with Resource Renewal pursuant to Public Law 102–575. Prior Maintenance Board, Cachuma Project, Institute for the permanent purchase of to completion of negotiation of long- California: Temporary interim contract water rights on Butte Creek for instream term renewal contracts, existing interim (not to exceed 1 year) to transfer flow purposes. renewal water service contracts may be responsibility of certain Cachuma 25. Sacramento Area Flood Control renewed through successive interim Project facilities to member units. Agency, CVP, California: Execution of a renewal of contracts. 13. M&T, Inc., Sacramento River long-term operations agreement for 3. Redwood Valley County WD, Water Rights Contractors, CVP, flood control operations of Folsom Dam SRPA, California: Restructuring the California: A proposed exchange and Reservoir to allow for recovery of repayment schedule pursuant to Public agreement with M&T, Inc., to take Butte costs associated with operating a Law 100–516. Creek water rights water from the variable flood control pool of 400,000 to 4. El Dorado County Water Agency, Sacramento River in exchange for CVP 670,000 acre-feet of water during the CVP, California: M&I water service water to facilitate habitat restoration. flood control season. This agreement is contract to supplement existing water 14. El Dorado ID, CVP, California: to conform to Federal law. supply: 15,000 acre-feet for El Dorado Execution of long-term Warren Act 26. Lower Tule River, Porterville, and County Water Agency authorized by contract for conveyance of nonproject Vandalia IDs; and Pioneer Water Public Law 101–514. water. This contract will allow CVP Company, Success Project, California:
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Repayment contract for the SOD costs may have negotiated rights under Public 2. Brooke Water Co., BCP, Arizona: assigned to the irrigation purpose of Law 101–618; Nevada and California: Amend contract for an additional 120 Success Dam. Contract for the storage of non-Federal acre-feet per year of Colorado River 27. Colusa County WD, CVP, water in Truckee River reservoirs as water for domestic uses as California: Proposed long-term Warren authorized by Public Law 101–618 and recommended by the Arizona Act contract for conveyance of up to the Preliminary Settlement Agreement. Department of Water Resources. 4,500 acre-feet of ground water through The contracts shall be consistent with 3. National Park Service for Lake the Tehama-Colusa Canal. the Truckee River Water Quality Mead National Recreation Area, 28. Friant Water Users Authority and Settlement Agreement and the terms Supreme Court Decree in Arizona v. San Luis and Delta-Mendota Water and conditions of the proposed Truckee California, and BCP in Arizona and Authority, CVP, California: River Operating Agreement. Nevada: Agreement for delivery of Amendments to the Operation, 37. Contra Costa WD, CVP, California: Colorado River water for the National Maintenance, and Replacement and Amend water service contract No. I75r– Park Service’s Federal Establishment Certain Financial and Administrative 3401A to extend the date for PPR for diversion of 500 acre-feet Activities’ Agreements to implement renegotiation of the provisions of annually and the National Park certain changes to the Direct Funding contract Article 12 ‘‘Water Shortage and Service’s Federal Establishment PPR provisions to comply with applicable Apportionment.’’ pursuant to Executive Order No. 5125 Federal law. 38. Cachuma Operation and (April 25, 1930). 29. Madera-Chowchilla Water and Maintenance Board, Cachuma Project, 4. Miscellaneous PPR entitlement Power Authority, CVP, California: California: Contract to transfer holders, BCP, Arizona and California: Agreement to transfer the operation, responsibility for O&M and O&M New contracts for entitlement to maintenance, and replacement and funding of certain Cachuma Project Colorado River water as decreed by the certain financial and administrative facilities to the member units. U.S. Supreme Court in Arizona v. activities related to the Madera Canal The following contract action has California, as supplemented or and associated works. been discontinued since the last amended, and as required by section 5 30. El Dorado ID, CVP, California: publication of this notice on October 25, of the Boulder Canyon Project Act. Title transfer agreement for conveyance 2001. Miscellaneous PPRs holders are listed in of CVP facilities. This agreement will 1. (45) Delano-Earlimart, Exeter, the January 9, 1979, Supreme Court allow transfer of title for Sly Park Dam, Ivanhoe, Lindmore, Lindsay-Strathmore, Supplemental Decree in Arizona v. Jenkinson Lake, and appurtenant Madera, Shafter-Wasco, and Stone California et al. facilities from the CVP to El Dorado ID. Corral IDs; South San Joaquin 5. Miscellaneous PPR No. 11, BCP, 31. Foresthill Public Utility District, Municipal Utilities District; and Tea Pot Arizona: Assign a portion of the PPR CVP, California: Title transfer agreement Dome WD; Friant Unit, CVP, California: from Holpal to McNulty et al. for conveyance of CVP facilities. This Contract to transfer title of 11 6. Curtis Family Trust et al., BCP, agreement will allow transfer of title for distribution systems to the respective Arizona: Contract for 2,100 acre-feet per Sugar Pine Dam and appurtenant districts. All title transfers subject to year of Colorado River water for facilities from the CVP to Foresthill Congressional ratification. This item is irrigation. Public Utility District. discontinued because the districts are 7. Beattie Farms SW, BCP, Arizona: 32. Carpinteria WD, Cachuma Project, reviewing the feasibility of the proposal Contract for 1,890 acre-feet per year of California: Contract to transfer title of to transfer the distribution systems. unused Arizona entitlement of Colorado distribution system to the District. Title The following contract action has River water for irrigation. transfer subject to Congressional been completed since the last 8. U.S. Fish and Wildlife Service, ratification. publication of this notice on October 25, Lower Colorado River Refuge Complex, 33. Montecito WD, Cachuma Project, 2001. BCP, Arizona: Agreement to administer California: Contract to transfer title of 1. (28) Tehama-Colusa Canal the Colorado River water entitlement for distribution system to the District. Title Authority, CVP, California: Amendment refuge lands located in Arizona to transfer subject to Congressional of existing long-term O&M agreement to resolve water rights coordination issues ratification. also include the O&M of the Red Bluff and to provide for an additional 34. City of Vallejo, Solano Project, Diversion Dam and related facilities and entitlement for non-consumptive use of California: Execution of long-term to implement certain changes to the flow through water. Warren Act contract for conveyance of Direct Funding provisions of the O&M 9. Maricopa-Stanfield IDD, CAP, nonproject water. This contract will Agreement to comply with applicable Arizona: Amend distribution system allow Solano Project facilities to be used Federal law. Amendatory contract repayment contract No. 4–07–30– to deliver nonproject water to the City executed December 13, 2001. W0047 to reschedule repayment of Vallejo for use within their service Lower Colorado Region: Bureau of pursuant to June 28, 1996, agreement. area. Reclamation, PO Box 61470 (Nevada 10. Indian and non-Indian agricultural 35. Northridge WD, CVP, California: Highway and Park Street), Boulder City, and M&I water users, CAP, Arizona: Execution of long-term Warren Act Nevada 89006–1470, telephone 702– New and amendatory contracts for contract for conveyance of nonproject 293–8536. repayment of Federal expenditures for water. This contract will allow CVP 1. Milton and Jean Phillips, Cameron construction of distribution systems. facilities to be used to deliver Brothers Construction Co., Ogram 11. San Tan ID, CAP, Arizona: Amend nonproject water to the Northridge WD Farms, John J. Peach, Sunkist Growers, distribution system repayment contract for use within their service area. Inc., BCP, Arizona: Colorado River No. 6–07–30–W0120 to increase the 36. Sierra Pacific Power Company, water delivery contracts, as repayment obligation by approximately Town of Fernley, State of California, recommended by the Arizona $168,000. City of Reno, City of Sparks, Washoe Department of Water Resources, with 12. Central Arizona Drainage and ID, County, State of Nevada, Truckee- agricultural entities located near the CAP, Arizona: Amend distribution Carson ID, and any other local interest Colorado River for up to 3,168 acre-feet system repayment contract No. 4–07– or Native American Tribal Interest, who per year total. 30–W0048 to modify repayment terms
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pursuant to final order issued by U.S. 25. Cyprus Miami Mining distribution of Colorado River water Bankruptcy Court, District of Arizona. Corporation, CAP, Arizona: Amendment through the offstream storage of 13. City of Needles, Lower Colorado of subcontract to extend the deadline Colorado River water in Arizona, the Water Supply Project, California: until December 31, 2002, for giving development by the Arizona Water Amend contract No. 2–07–30–W0280 to notice of termination on exchange. Banking Authority of intentionally extend the City’s water service 26. Gila River Indian Community, created unused apportionment, and the subcontracting authority to the Counties CAP, Arizona: Amend CAP water release of this intentionally created of Imperial and Riverside. delivery contract and distribution unused apportionment by the Secretary 14. Imperial ID/Coachella Valley WD system repayment and operation, of the Interior to Southern Nevada and/or The Metropolitan WD of maintenance, and replacement contract Water Authority. Southern California, BCP, California: pursuant to anticipated Gila River 34. Gila River Farms, Arizona: Contract to fund the Department of the Indian Community Water Rights Amendment of SRPA contract to Interior’s expenses to conserve All- Settlement Agreement. restructure the repayment schedule. American Canal seepage water in 27. California Water Districts, BCP, 35. Litchfield Park Service Company, accordance with Title II of the San Luis California: Incorporate into the water CAP, Arizona: Proposed assignments of Rey Indian Water Rights Settlement Act delivery contracts with several water 5,580 acre-feet of CAP M&I water to the dated November 17, 1988. districts (Coachella Valley WD, Imperial Central Arizona Groundwater 15. Coachella Valley WD and/or The ID, Palo Verde ID, and The Metropolitan Replenishment District and to the cities Metropolitan WD of Southern WD of Southern California), through of Avondale, Carefree, and Goodyear. California, BCP, California: Contract to new contracts, contract amendments, 36. Shepard Water Company, Inc., fund the Department of the Interior’s contract approvals, or other appropriate Arizona: Contract for the delivery of 50 expenses to conserve seepage water means, the agreement to be reached acre-feet of domestic water. from the Coachella Branch of the All- with those water districts to (i) quantify 37. The United States International American Canal in accordance with the Colorado River water entitlements Boundary and Water Commission, The Title II of the San Luis Rey Indian Water for Coachella Valley WD and Imperial Metropolitan WD of Southern Rights Settlement Act, dated November ID and (ii) provide a basis for water California, San Diego County Water 17, 1988. transfers among California water Authority, and Otay WD, Mexican 16. Salt River Pima-Maricopa Indian districts. Treaty Waters: Agreement for the 28. Coachella Valley WD, BCP, Community, CAP, Arizona: O&M temporary emergency delivery of a California: Amend contract No. 14–20– contract for its CAP water distribution portion of the Mexican Treaty waters of 650–631 with Coachella Valley WD to system. the Colorado River to the International include additional lands on the Torres 17. Arizona State Land Department, Boundary in the vicinity of Tijuana, Martinez Indian Reservation that are BCP, Arizona: Colorado River water Baja California, Mexico. located within the District’s delivery contract for 1,535 acre-feet per 38. Arizona State Land Department, Improvement District No. 1 which were year for domestic use. CAP, Arizona: Proposed assignment of reclassified and determined to be arable. 18. Miscellaneous PPR No. 38, BCP, 29. North Gila Valley IDD, Yuma ID, 1,000 acre-feet of the Department’s CAP California: Assign Schroeder’s portion and Yuma Mesa IDD, Yuma Mesa M&I water entitlement to the City of of the PPR to Murphy Broadcasting. Division, Gila Project, Arizona: Peoria. 19. Berneil Water Co., CAP, Arizona: Administrative action to amend each 39. Gila River Indian Community, Water service contracts associated with district’s Colorado River water delivery Arizona: Operation, maintenance, and partial assignment of water service to contract to effectuate a change from a replacement contract for an the Cave Creek Water Company. ‘‘pooled’’ water entitlement for the archeological repository named the 20. Tohono O’odham Nation, CAP, Division to a quantified entitlement for Huhugam Heritage Center. Arizona: Repayment contract for a each district. 40. Sonny Gowan, BCP, California: portion of the construction costs 30. Indian and/or non-Indian M&I Approval to lease up to 175 acre-feet of associated with water distribution users, CAP, Arizona: New or his PPR water to Moabi Regional Park. system for Central Arizona IDD. amendatory water service contracts or 41. Jessen Family Limited 21. Tohono O’odham Nation, CAP, subcontracts in accordance with an Partnership, BCP, Arizona: Partial Arizona: Contracts for Schuk Toak and anticipated final record of decision for contract assignment of agricultural San Xavier Districts for repayment of reallocation of CAP water, as discussed water from Arlin Dulin to Jessen Family Federal expenditures for construction of in the Secretary of the Interior’s notice Limited Partnership. distribution systems. published on page 41456 of the FR on 42. Robson Communities, Southern 22. Canyon Forest Village II July 30, 1999. Arizona Water Rights Settlement Act, Corporation, BCP, Arizona: Colorado 31. San Carlos Apache Tribe, CAP, Arizona: United States contract with River water delivery contract for up to Arizona: Agreement among the San Robson Communities for the sale of 400 acre-feet per year of unused Arizona Carlos Apache Tribe, the Salt River 1,618 acre-feet of long-term water apportionment or surplus Project, and the United States, for storage credits accrued in Tucson apportionment for domestic use. exchange of up to 14,000 acre-feet of during calendar year 2000. 23. Gila Project Works, Gila Project, Black River water for CAP water. 43. Cities of Chandler and Mesa, CAP, Arizona: Title transfer of facilities and 32. San Carlos Apache Tribe, Arizona: Arizona: Amendments to the CAP M&I certain lands in the Wellton-Mohawk Agreement among the San Carlos- water service subcontracts of the cities Division from the United States to the Apache Tribe, the United States, and the of Chandler and Mesa to remove the Wellton-Mohawk IDD. Phelps Dodge Corporation for the lease language stating that direct effluent 24. ASARCO Inc., CAP, Arizona: of CAP water. exchange agreements with Indian Amendment of subcontract to extend 33. Arizona Water Banking Authority Communities are subject to the ‘‘pooling the deadline until December 31, 2002, and Southern Nevada Water Authority, concept.’’ for giving notice of termination on BCP, Arizona and Nevada: Contract to 44. City of Somerton, BCP, Arizona: exchange. provide for the interstate contractual Contract for the delivery of up to 750
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acre-feet of Colorado River water for repayment contract to reflect final home lawn and livestock watering (non- domestic use. project costs. commercial). 45. Various Irrigation Districts, CAP, 10. (40) Basic Management, Inc., (e) Oliver Woods: Aspinall Unit, Arizona: Amend distribution system Salinity Project, Nevada: Title transfer CRSP; Colorado: Contract for 1 acre-foot repayment contracts to provide for of the Pitman Wash Bypass to support an augmentation plan, Case partial assumption of debt by the Demonstration Project Facilities and all No. 01CW14, Water Division Court No. Central Arizona Water Conservation interests in acquired lands and 4, State of Colorado, to provide for a District and the United States upon easements associated with an obligation single-family residential well, including enactment of Federal legislation to continue bypassing the water in home lawn and livestock watering (non- providing for resolution of CAP issues. Pitman Wash. commercial). 46. Mohave County Water Authority, The following contract actions have 2. Taos Area, San Juan-Chama Project, BCP, Arizona: Amendatory Colorado been completed since the last New Mexico: The Taos area Acequias River water delivery contract to include publication of this notice on October 25, and the Town and County of Taos are the delivery of 3,500 acre-feet per year 2001. forming a joint powers agreement to of fourth priority water and to delete the 1. (25) U.S. Army Proving Ground, form an organization to enter into a delivery of 3,500 acre-feet per year of BCP, Arizona: Amend agreement to add repayment contract for up to 2,990 acre- fifth or sixth priority water. additional points of diversion for feet of project water to be used for The following contract actions have Colorado River water. irrigation and M&I in the Taos, New been discontinued since the last 2. (58) Golden Shores Water Mexico area. publication of this notice on October 25, Conservation District, BCP, Arizona: 3. Water Service Contractors, San 2001. Amendment of water delivery contract Juan-Chama Project, New Mexico: 1. (2) Armon Curtis, Arlin Dulin, Jack to recognize that some private lands Conversion of water service contracts to Rayner, Glen Curtis, Jamar Produce outside the district but within its repayment contracts for the following Corporation, and Ansel T. Hall, BCP, exterior boundaries have been included entities: City of Santa Fe, County of Los Arizona: Amendatory Colorado River within the district’s boundaries. Alamos, City of Espanola, Town of Taos, Upper Colorado Region: Bureau of water delivery contracts to exempt each Village of Los Lunas, and Village of Reclamation, 125 South State Street, referenced contractor from the acreage Taos Ski Valley. Room 6107, Salt Lake City, Utah 84138– 4. Various Contractors, San Juan- limitation and full cost pricing 1102, telephone 801–524–4419. Chama Project, New Mexico: Three provisions of the RRA. 1. Individual irrigators, M&I, and potential contracts among the United 2. (5) Mohave Valley IDD, BCP, miscellaneous water users, Initial Units, States, Middle Rio Grande Conservancy Arizona: Amendment of current CRSP; Utah, Wyoming, Colorado, and District, and the City of Albuquerque to contract for additional Colorado River New Mexico: Temporary (interim) water implement terms of Agreed Order water, change in service area, diversion service contracts for surplus project Resolving Plaintiff’s Motion for points, RRA exemption and PPRs. water for irrigation or M&I use to Preliminary Injunction, dated August 2, 3. (8) Federal Establishment PPRs provide up to 10,000 acre-feet of water 2000, and the Supplement dated entitlement holders, BCP: Individual annually for terms up to 10 years; long- October 5, 2000. contracts for administration of Colorado term contracts for similar service for up 5. Various Contractors, San Juan- River water entitlement of the Colorado to 1,000 acre-feet of water annually. Chama Project, New Mexico: The River, Fort Mojave, Quechan, (a) Harrison F. and Patricia E. Russell: United States proposes to purchase Chemehuevi, and Cocopah Indian Aspinall Unit, CRSP; Colorado: Contract lease water from various contractors to Tribes. for 1 acre-foot to support an stabilize flows in a critical reach of the 4. (9) United States facilities, BCP, augmentation plan, Case No. 97CW39, Rio Grande in order to meet the needs California: Reservation of Colorado Water Division Court No. 4, State of of irrigators and preserve habitat for the River water for use at existing Federal Colorado, to provide for a single-family silvery minnow. facilities and lands administered by residential well, including home lawn 6. Provo River Water Users, Provo Reclamation. and livestock watering (non- River Project, Utah: Contract to provide 5. (10) Bureau of Land Management, commercial). for repayment of reimbursable portion BCP, Arizona: Contract for 1,176 acre- (b) Walter Daniel Stephens: Aspinall of construction costs of SOD feet per year, for irrigation use, of Unit, CRSP; Colorado: Contract for 2 modification to Deer Creek Dam. Arizona’s Colorado River water that is acre-feet to support an augmentation 7. Upper Gunnison River Water not used by higher priority Arizona plan, Case No. 97CW49, Water Division Conservancy District, Wayne N. entitlement holders. Court No. 4, State of Colorado, to Aspinall Unit, CRSP, Colorado: A long- 6. (14) Hillander C ID, Colorado River provide for pond evaporative depletions term water service contract for up to Basin Salinity Control Project, Arizona: during the non-irrigation season. 25,000 acre-feet for irrigation use. Colorado River water delivery contract (c) Larry Allen: Aspinall Unit, CRSP; 8. Uncompahgre Valley Water Users for 4,500 acre-feet per year. Colorado: Contract for 1 acre-foot to Association, Upper Gunnison River 7. (17) Tohono O’odham Nation, support an augmentation plan, Case No. Water Conservancy District, and SRPA, Arizona: Repayment contract for 01CW26, Water Division Court No. 4, Colorado River Water Conservation a $7.3 million loan for the Schuk Toak State of Colorado, to provide for a District; Uncompahgre Project, District. single-family residential well, including Colorado: Water management agreement 8. (36) Agricultural and M&I water home lawn and livestock watering (non- for water stored at Taylor Park Reservoir users, CAP, Arizona: Water service commercial). and the Wayne N. Aspinall Storage subcontracts for percentages of available (d) Karl Hipp: Aspinall Unit, CRSP; Units to improve water management. supply reallocated in 1992 for irrigation Colorado: Contract for 1 acre-foot to 9. Southern Ute Indian Tribe, Florida entities and up to 640,000 acre-feet per support an augmentation plan, Case No. Project, Colorado: Supplement to year allocated in 1983 for M&I use. 01CW27, Water Division Court No. 4, contract No. 14–06–400–3038, dated 9. (38) Hohokam IDD, CAP, Arizona: State of Colorado, to provide for a May 7, 1963, for an additional 181 acre- Amend water distribution system single-family residential well, including feet of project water, plus 563 acre-feet
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of water pursuant to the 1986 Colorado 17. La Plata Conservancy District, surplus project water and nonproject Ute Indian Water Rights Final New Mexico, Animas-La Plata Project, water for irrigation or M&I use to Settlement Agreement. Colorado and New Mexico: Cost- provide up to 10,000 acre-feet of water 10. Grand Valley Water Users sharing/repayment contract for up to annually for a term up to 1 year. Association, Orchard Mesa ID, and 1,560 acre-feet per year of M&I water; 2. Green Mountain Reservoir, Public Service Company of Colorado, contract terms to be consistent with the Colorado-Big Thompson Project, Grand Valley Project, Colorado: Water Colorado Ute Settlement Act Colorado: Water service contracts for service contract for the utilization of Amendments of 2000 (Title III of Pub. irrigation and M&I; contracts for sale of project water for cooling purposes for a L. 106–554). water from the marketable yield to water steam electric generation plant. The following contract actions have users within the Colorado River Basin of 11. Sanpete County Water been discontinued since the last western Colorado. Conservancy District, Narrows Project, publication of this notice on October 25, 3. Ruedi Reservoir, Fryingpan- Utah: Application for a SRPA loan and 2001. Arkansas Project, Colorado: Second grant to construct a dam, reservoir, and 1. (1)(b) City of Page Arizona, Glen round water sales from the regulatory pipeline to annually supply Canyon Unit, CRSP, Arizona: Long-term capacity of Ruedi Reservoir. Water approximately 5,000 acre-feet of water contract for 1,000 acre-feet of water for service and repayment contracts for up through a transmountain diversion from municipal purposes. to 17,000 acre-feet annually for M&I use; upper Gooseberry Creek in the Price 2. (1)(c) LeChee Chapter of the Navajo contract with Colorado Water River drainage (Colorado River Basin) to Nation, Glen Canyon Unit, CRSP, Conservation Board and the U.S. Fish the San Pitch—Savor River (Great Arizona: Long-term contract for 1,000 and Wildlife Service for 10,825 acre-feet Basin). acre-feet of water for municipal for endangered fishes. 12. Individual irrigators, Carlsbad purposes. 4. Garrison Diversion Unit, P–SMBP, Project, New Mexico: The United States 3. (10) Public Service Company of North Dakota: Renegotiation of the proposes to enter into long-term New Mexico, CRSP, Navajo Unit, New master repayment contract with forbearance lease agreements with Mexico: New water service contract for Garrison Diversion Conservancy District individuals who have privately held a depletion of 16,200 acre-feet of project to conform with the Garrison Diversion water rights to divert nonproject water water for cooling purposes for a steam Unit Reformulation Act of 1986; either directly from the Pecos River or electric generation plant. negotiation of repayment contracts with 4. (21) State of Colorado, Animas-La from shallow/artesian wells in the Pecos irrigators and M&I users. Plata Project, Colorado and New River Watershed. This action will result 5. City of Rapid City, Rapid Valley Mexico: Cost-sharing/repayment in additional water in the Pecos River to Unit, P–SMBP, South Dakota: Contract contract for up to 10,460 acre-feet per make up for the water depletions caused renewal for storage capacity in Pactola year of M&I water; contract terms to be by changes in operations at Sumner Reservoir. A temporary (1 year not to consistent with the Colorado Ute Dam which were made to improve exceed 10,000 AF) water service Settlement Act Amendments of 2000 conditions for a threatened species, the contract will be executed with the City (Title III of Public Law 106–554). Pecos bluntnose shiner. 5. (22) Animas-La Plata Water of Rapid City, Rapid Valley Unit, for use 13. Dolores Water Conservancy Conservancy District, Colorado, of water from Pactola Reservoir. A long- District, Dolores Project, Colorado: Animas-La Plata Project, Colorado and term storage contract is being negotiated Amendment to an existing carriage New Mexico: Cost-sharing/repayment for water stored in Pactola Reservoir. contract to extend the term of the contract for up to 5,200 acre-feet per 6. Pathfinder ID, North Platte Project, contract from 25 years to a total of 50 year of M&I water; contract terms to be Nebraska: Negotiation of contract years. consistent with the Colorado Ute regarding SOD program modification of 14. Ogden River Water Users Settlement Act Amendments of 2000 Lake Alice Dam No. 1 Filter/Drain. Association and Weber Basin Water (Title III of Public Law 106–554). 7. Mid-Dakota Rural Water System, Conservancy District, Ogden River and The following contract action has Inc., South Dakota: Pursuant to the Weber Basin Projects, Utah: Contract to been completed since the last Reclamation Projects Authorization and provide for repayment of water users publication of this notice on October 25, Adjustment Act of 1992, the Secretary of portion of construction contract due to 2001. the Interior is authorized to make grants SOD investigations recommendations at 1. (13) Dolores Water Conservancy and loans to Mid-Dakota Rural Water Pineview Dam. District, Dolores Project, Colorado: System, Inc., a non-profit corporation 15. Mancos Water Conservancy Carriage contract with the District to for the planning and construction of a District, Mancos Project, Colorado: carry up to 8,000 acre-feet of nonproject rural water supply system. Various carriage contracts with water in project facilities under the 8. Angostura ID, Angostura Unit, P– individual irrigators and the District to authority of the Warren Act of 1911. SMBP, South Dakota: Another interim allow the carriage of up to 1,000 acre- Contract was executed on October 19, 3-year contract was executed on June 9, feet of nonproject irrigation water in 2001. 2000, to provide for a continuing water project facilities under the authority of Great Plains Region: Bureau of supply and allow adequate time for Public Law 106–549 for the Mancos Reclamation, PO Box 36900, Federal completion of the Environmental Impact Project. Building, 316 North 26th Street, Statement for long-term contract 16. San Juan Water Commission, New Billings, Montana 59107–6900, renewal. A BON for a long-term contract Mexico, Animas-La Plata Project, telephone 406–247–7730. renewal has been approved by the Colorado and New Mexico: Cost 1. Individual irrigators, M&I, and Commissioner’s Office. sharing/repayment contract for up to miscellaneous water users: Colorado, 9. City of Berthoud, Colorado, 20,800 acre-feet per year of M&I water; Kansas, Montana, Nebraska, North Colorado-Big Thompson Project, contract terms to be consistent with the Dakota, Oklahoma, South Dakota, Texas, Colorado: Long-term contract for Colorado Ute Settlement Act and Wyoming: Temporary (interim) conveyance of nonproject M&I water Amendments of 2000 (Title III of Pub. water service contracts for the sale, through Colorado-Big Thompson Project L. 106–554). conveyance, storage, and exchange of facilities.
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10. Northwest Area Water Supply, to 750 acre-feet of storage water from 28. Crow Creek Unit, P–SMBP, North Dakota: Long-term contract for Tiber Reservoir to irrigate 250 acres. Montana: Initiating negotiations for water supply from Garrison Diversion Temporary/interim contracts are being renewal of Part A of the A/B contract Unit facilities. The BON has been issued to allow continued delivery of with Toston ID which expires in 2004. approved by the Commissioner. water and the time necessary to 29. Louis F. Polk, Jr. (Individual), Negotiations are pending. complete required actions for the long- Shoshone Project, Buffalo Bill Dam, 11. P–SMBP, Kansas: Existing water term contract process. Wyoming: Renewal of exchange water service contracts with the Kirwin and 19. Lower Marias Unit, P–SMBP, service contract not to exceed 500 acre- Webster IDs in the Solomon River Basin Montana: Water service contract expired feet of water to service 249 acres. in Kansas were extended for a period of May 1998. Initiating long-term contract 30. Milk River Project, Montana: City 4 years in accordance with Public Law for the use of up to 6,855 acre-feet of of Harlem water service contract expires 104–326. These contracts will be storage water from Tiber Reservoir to July of 2002. Initiating negotiation for renewed prior to their expiration on irrigate 2,285 acres. Temporary/interim renewal of a water service contract for December 31, 2003 (Kirwin ID), and contracts are being issued to allow an annual supply of raw water for December 31, 2005 (Webster ID). continued delivery of water and the domestic use from the Milk River not to Reclamation has prepared a draft time necessary to complete required exceed 500 acre-feet. An interim environmental assessment (DEA) for the actions for the long-term contract contract may be issued to continue conversion of long-term water service process. delivery of water until the necessary contracts to repayment contracts. On 20. Dickinson-Heart River Mutual Aid actions can be completed to renew the December 10, 2001, the DEA became Corporation, P–SMBP, Dickinson Unit, long-term contract. available for a 30-day review and North Dakota: Negotiate renewal of 31. Lower Marias Unit, P–SMBP, comment period. Public comments will water service contract for irrigation of Montana: City of Chester water service be accepted until January 9, 2002. lands below Dickinson Dam in western contract expires December of 2002. Written comments should be directed to North Dakota. Initiating negotiation for renewal of a Jill Manring, Team Leader, Bureau of 21. Savage ID, P–SMBP, Montana: The long-term water service contract for an Reclamation, PO Box 1607, Grand District is currently seeking title annual supply of raw water for domestic Island, NE 68802. transfer. The contract is subject to use from Tiber Reservoir not to exceed 12. City of Cheyenne, Kendrick renewal on an annual basis pending 500 acre-feet. An interim contract may Project, Wyoming: Negotiation of a outcome of the title transfer process. be issued to continue delivery of water contract to renew for an additional term Interim contracts are being issued to until the necessary actions can be of 5 years. Contract for up to 10,000 allow continued delivery of water. The completed to renew the long-term acre-feet of storage space for District has requested information contract. 32. City of Dickinson, P–SMBP, replacement water on a yearly basis in concerning renewal of the long-term Dickinson Unit, North Dakota: Negotiate Seminoe Reservoir. A temporary contract. a long-term water service contract with contract has been issued pending 22. City of Fort Collins, Colorado-Big the City of Dickinson or Park Board, for negotiation of the long-term contract. Thompson Project, Colorado: Long-term 13. Highland-Hanover ID, P–SMBP, minor amounts of water from Dickinson contracts for conveyance and storage of Hanover-Bluff Unit, Wyoming: Dam. nonproject M&I water through Colorado- Renegotiation of long-term water service 33. Clark Canyon Water Supply Big Thompson Project facilities. contract; includes provisions for Company, East Bench Unit, Montana: 23. Standing Rock Sioux Tribe, P– repayment of construction costs. Initiating renewal of contract No. 14– 14. Upper Bluff ID, P–SMBP, SMBP, North Dakota: Negotiate a long- 06–600–3592 which expires December Hanover-Bluff Unit, Wyoming: term water service contract with the 31, 2005. Renegotiation of long-term water service Standing Rock Sioux Tribe in North 34. East Bench ID, East Bench Unit, contract; includes provisions for Dakota for irrigation of up to 2,380 acres Montana: Initiating renewal of contract repayment of construction cost. of land within the reservation. No. 14–06–600–3593 which expires 15. Fort Clark ID, P–SMBP, North 24. Glendo Unit, P–SMBP, Wyoming: December 31, 2005. Dakota: Negotiation of water service Contract renewal for long-term water 35. Pueblo Board of Water Works, contract to continue delivery of project service contracts with Burbank Ditch, Fryingpan-Arkansas Project, Colorado: water to the District. New Grattan Ditch Company, Water conveyance contract expires in 16. Western Heart River ID, P–SMBP, Torrington ID, Lucerne Canal and Power October of 2002. Initiating negotiation Heart Butte Unit, North Dakota: Company, and Wright and Murphy for renewal of a water conveyance Negotiation of water service contract to Ditch Company. contract for annual conveyance of up to continue delivery of project water to the 25. Glendo Unit, P–SMBP, Nebraska: 750 acre-feet of nonproject water District. Contract renewal for long-term water through the Nast and Boustead Tunnel 17. Lower Marias Unit, P–SMBP, service contracts with Bridgeport, System. Montana: Water service contract expired Enterprise, and Mitchell IDs, and 36. City of Dickinson, P–SMBP, North in July 1998. Initiating long-term Central Nebraska Public Power and ID. Dakota: In accordance with Public Law contract for the use of up to 600 acre- 26. Belle Fourche ID, Belle Fourche 106–566, a BON has been prepared to feet of storage water from Tiber Project, South Dakota: Belle Fourche ID amend contract No. 9–07–60–W0384 Reservoir to irrigate 220 acres. has requested a $25,000 reduction in which will allow the City to pay a lump- Temporary/interim contracts are being construction repayment. Negotiations sum payment in lieu of its remaining issued to allow continued delivery of are pending resolution of contract repayment obligation for construction water and the time necessary to language. costs associated with the bascule gate. complete required actions for the long- 27. Helena Valley Unit, P–SMBP, The BON has been approved by the term contract process. Montana: Initiating negotiations for Commissioner. 18. Lower Marias Unit, P–SMBP, renewal of Part A of the A/B contract 37. Lower Marias Unit, P–SMBP, Montana: Initiating renewal of long-term with Helena Valley ID which expires in Montana: Initiating long-term water water service contract for the use of up 2004. service contract for up to 910 acre-feet
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of storage from Tiber Reservoir to FOR FURTHER INFORMATION CONTACT: estimated public burden and associated irrigate 303.2 acres. Temporary/interim Larry Reavis (202–205–3185), Office of response time, should be directed to contracts are being issued to allow Investigations, U.S. International Trade The Office of Management and Budget, continued delivery of water and the Commission, 500 E Street SW., Office of Information and Regulatory time necessary to complete required Washington, DC 20436. Hearing- Affairs, Attention Department of Justice actions for the long-term contract impaired individuals are advised that Desk Officer, 725–17th Street, NW., process. information on this matter can be Suite 10102, Washington, DC 20503. 38. Tom Green County Water Control obtained by contacting the Additionally, comments may be and Improvement District No. 1, San Commission’s TDD terminal on 202– submitted to OMB via facsimile to Angelo Project, Texas: The District has 205–1810. Persons with mobility (202)–395–5806. requested deferment of its 2002 impairments who will need special Written comments and suggestions repayment obligation. A BON has been assistance in gaining access to the from the public and affected agencies prepared to amend contract No. 14–06– Commission should contact the Office concerning the proposed collection of 500–369. of the Secretary at 202–205–2000. information are encouraged. Your 39. La Feria ID, Lower Rio Grande General information concerning the comments should address one or more Rehabilitation Project, LaFeria Division, Commission may also be obtained by of the following four points: Texas: The District has repaid the accessing its Internet server, http:// (1) Evaluate whether the proposed repayment obligation and title to all www.usitc.gov. The public record for collection of information is necessary project works, lands, or interests in this investigation may be viewed on the for the proper performance of the lands originally conveyed by the District Commission’s electronic docket (EDIS- functions of the agency, including to the United States shall now be ON-LINE) at http://dockets.usitc.gov/ whether the information will have transferred back to the District in eol/public. practical utility; accordance with the authorizing Authority: This investigation is being (2) Evaluate the accuracy of the legislation, Public Law 86–357 dated terminated under authority of title VII of the agencies estimate of the burden of the September 22, 1959, and the contract Tariff Act of 1930; this notice is published proposed collection of information, shall be terminated. pursuant to section 201.10 of the including the validity of the 40. Northern Colorado Water Commission’s rules (19 CFR 201.10). methodology and assumptions used; Conservancy District, Colorado-Big By order of the Commission. (3) Enhance the quality, utility, and Thompson Project, Colorado: Acting by Issued: January 25, 2002. clarity of the information to be and through the Pleasant Valley Marilyn R. Abbott, collected; and Pipeline Project Water Activity Acting Secretary. (4) Minimize the burden of the collection of information on those who Enterprise, beginning discussions and [FR Doc. 02–2304 Filed 1–30–02; 8:45 am] are to respond, including through the draft BON for a long-term contract for BILLING CODE 7020–02–P conveyance of nonproject water through use of appropriate automated, Colorado-Big Thompson Project electronic, mechanical, or other facilities. technological collection techniques or DEPARTMENT OF JUSTICE other forms of information technology, Dated: January 4, 2002. Immigration and Naturalization Service e.g., permitting electronic submission of Elizabeth Cordova-Harrison, responses. Deputy Director, Office of Policy. Agency Information Collection [FR Doc. 02–2316 Filed 1–30–02; 8:45 am] Overview of This Information Activities: Proposed Collection; Collection BILLING CODE 4310–MN–P Comments Requested (1) Type of Information Collection: ACTION: 30-Day notice of collection Extension. (2) Type of the Form/Collection: INTERNATIONAL TRADE under review: Extension of request for Request for the Return of Original COMMISSION the return of original document(s). Document(s). [Investigation No. 731–TA–917 (Final)] The Department of Justice (DOJ), (3) Agency form number, if any, and Immigration and Naturalization Service the applicable component of the Stainless Steel Bar From Taiwan has submitted the following information Department of Justice sponsoring the collection request to the Office of collection: Form G–884, Immigration AGENCY: United States International Management and Budget (OMB) for and Naturalization Service, Department Trade Commission. review and approval in accordance with of Justice. ACTION: Termination of investigation. the Paperwork Reduction Act of 1995. (4) Affected public who will be asked The proposed information collection is or required to respond, as well as a brief SUMMARY: On January 23, 2002, the published to obtain comments from the abstract: Individuals or households. Department of Commerce published public and affected agencies. This (5) An estimate of the total number of notice in the Federal Register (67 FR proposed information collection was respondents and the amount of time 3152) of a negative final determination previously published in the Federal estimated for an average respondent to of sales at less than fair value in Register (Volume 66, Number 159, page respond: There are 2,500 respondents. connection with the subject 43029) on 08/16/01, allowing for a 60- The amount of estimated time required investigation. Accordingly, pursuant to day comment period. for the average respondent to respond is: § 207.40(a) of the Commission’s Rules of The purpose of this notice is to allow 15 minutes (.25 hours). Practice and Procedure (19 CFR for an additional 30 days for public (6) An estimate of the total public 207.40(a)), the antidumping comment until March 4, 2002. This burden (in hours) associated with the investigation concerning stainless steel process is conducted in accordance with collection: 625 hours annually. bar from Taiwan (investigation No. 731– 5 CFR 1320.10. Written comments and/ If you have additional comments, TA–917 (Final)) is terminated. or suggestions regarding the items suggestions, or need a copy of the EFFECTIVE DATE: January 23, 2002. contained in this notice, especially the proposed information collection
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instrument with instructions, or Affairs, Attention: Department of Justice Richard A. Sloan 202–514–3291, additional information, please contact Desk Officer, 725—17th Street, NW., Director, Policy Directives and Richard A. Sloan, Director, Policy Room 10235, Washington, DC 20530. Instructions Branch, Immigration and Directives and Instructions Branch, Written comments and suggestions Naturalization Service, U.S. Department Immigration and Naturalization Service, from the public and affected agencies of Justice, 425 I Street, NW., Room 4034, U.S. Department of Justice, 425 I Street, concerning the proposed collection of Washington, DC 20536. Additionally, NW., Room 4034, Washington, DC information should address one or more comments and/or suggestions regarding 20536; (202) 514–3291. Comments and of the following four points: the item(s) contained in this notice, suggestions regarding items contained (1) Evaluate whether the proposed especially regarding the estimated in this notice, especially regarding the collection of information is necessary public burden and associated response estimated public burden and associated for the proper performance of the time may also be directed to Mr. response time may also be directed to functions of the agency, including Richard Sloan. Richard A. Sloan. whether the information will have If additional information is required If additional information is required practical utility; contact: Mr. Robert B. Briggs, Clearance contact: Robert B. Briggs, Department (2) Evaluate the accuracy of the Officer, United States Department of Clearance Officer, Information agency’s estimate of the burden of the Justice, Information Management and Management and Security Staff, Justice proposed collection of information, Security Staff, Justice Management Management Division, United States including the validity of the Division, Patrick Henry Building, 601 D Department of Justice, 601 D Street NW., methodology and assumptions used; Street, NW., Suite 1600, Washington, Patrick Henry Building, Suite 1600, (3) Enhance the quality, utility, and DC 20530. NW., Washington, DC 20530. clarity of the information to be collected; and Dated: January 25, 2002. Dated: January 25, 2002. (4) Minimize the burden of the Richard A. Sloan, Richard A. Sloan, collection of information on those who Department Clearance Officer, Immigration Department Clearance Officer, Department of are to respond, including through the and Naturalization Service, Department of Justice, Immigration and Naturalization use of appropriate automated, Justice. Service. electronic, mechanical, or other [FR Doc. 02–2351 Filed 1–30–02; 8:45 am] [FR Doc. 02–2350 Filed 1–30–02; 8:45 am] technological collection techniques or BILLING CODE 4410–10–M BILLING CODE 4410–10–M other forms of information technology, e.g., permitting electronic submission of responses. DEPARTMENT OF LABOR DEPARTMENT OF JUSTICE Overview of this information Immigration and Naturalization Service collection: Office of the Assistant Secretary for (1) Type of Information Collection: Administration and Management Agency Information Collection New information collection. Activities: Proposed Collection; (2) Title of the Form/Collection: Agency Information Collection Comment Request Contacts Concerning Project Speak Out! Activities: Proposed Collection; (3) Agency form number, if any, and Comment Request; Applicant ACTION: Notice of information collection the applicable component of the Background Questionnaire under review: Contacts Concerning Department of Justice sponsoring the Project Speak Out! collection: Form G–1046, Office of AGENCY: Office of the Assistant Policy and Planning, Immigration and Secretary for Administration and The Department of Justice, Naturalization Service. Management (OASAM), Department of Immigration and Naturalization Service (4) Affected public who will be asked Labor. (INS) has submitted the following or required to respond, as well as a brief ACTION: Notice. information collection request to the abstract: Primary: Individuals or Office of Management and Budget Households. This form provides a SUMMARY: The Department of Labor, as (OMB) for review and clearance in standardized way of recording the part of its continuing effort to reduce accordance with the Paperwork number of individuals contacting the paperwork and respondent burden Reduction Act of 1995. The information Community Based Organizations conducts a preclearance consultation collection was previously published in concerning the practitioner fraud pilot program to provide the general public the Federal Register on November 15, program. The INS will use the and Federal agencies with an 2001 at 66 FR 57486, allowing for a 60- information collected on the form to opportunity to comment on proposed day public comment period. No public determine how many persons are served and/or continuing collection of comment was received on this by the program and if its public information in accordance with the information collection. outreach efforts are successful. Paperwork Reduction Act of 1995 The purpose of this notice is to allow (5) An estimate of the total number of (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This an additional 30 days for public respondents and the amount of time program helps to ensure that requested comments. Comments are encouraged estimated for an average respondent to data can be provided in the desired and will be accepted until March 4, respond: 60,000 responses at 52 minutes format, reporting burden (time and 2002. This process is conducted in (0.866 hours) per response. financial resources) is minimized, accordance with 5 CFR 1320.10. (6) An estimate of the total public collection requirements are clearly Written comments and/or suggestions burden (in hours) associated with the understood, and the impact of collection regarding the items contained in this collection: 51,960 annual burden hours. requirements on respondents can be notice, especially regarding the If you have additional comments, properly assessed. Currently, the estimated public burden and associated suggestions, or need a copy of the Department of Labor is soliciting response time, should be directed to the proposed information collection comments concerning the proposed Office of Management and Budget, instrument with instructions, or extension of the ‘‘Applicant Background Office of Information and Regulatory additional information, please contact Questionnaire’’.
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A copy of the proposed information II. Desired Focus of the Comments Dated: January 18, 2002. collection request (ICR) can be obtained Tali R. Stepp, The Department of Labor is by contacting the office listed above in particularly interested in comments Director of Human Resources. the ADDRESSES section of this notice. which: [FR Doc. 02–2322 Filed 1–30–02; 8:45 am] DATES: Written comments must be • Evaluate whether the proposed BILLING CODE 4510–23–M submitted to the office listed in the collection of information is necessary ADDRESSES section below on or before for the proper performance of the DEPARTMENT OF LABOR April 1, 2002. functions of the agency, including ADDRESSES: Anderson Glasgow, U.S. whether the information will have Employment and Training Department of Labor, Human Resource practical utility; Administration • Policy and Accountability Center, 200 Enhance the quality, utility, and clarity of the information to be [TA–W–39,449A and NAFTA–04955A and Constitution Ave. NW., Room N–5470, TA–W–39,437A and NAFTA–04954] Washington, DC 20210; Phone: (202) collected; and 693–7738; Written comments limited to • Evaluate the accuracy of the agency’s Agere Systems Optoelectronics 10 pages or fewer may also be estimate of the burden of the proposed Division, Reading and Breinigsville, transmitted by facsimile to: (202) 693– collection of information, including the PA; Notice of Negative Determination 7631; Internet; glasgow- validity of the methodology and Regarding Application for [email protected]. assumptions used; Reconsideration • Minimize the burden of the SUPPLEMENTARY INFORMATION: collection of information on those who By application of October 5, 2001 and October 8, 2001, the International I. Background are to respond, including through the use of appropriate automated, Brotherhood of Electrical Workers, The Department of Labor, as part of its electronic, mechanical, or other Local 1560 and the International obligation to provide equal employment technological collection techniques or Brotherhood of Electrical Workers, opportunities, is charged with ensuring other forms of information technology, Local 1898, respectively requested that qualified individuals in groups that e.g., permitting electronic submissions administrative reconsideration of the are underrepresented in various of responses. Department’s negative determination occupations, are included in applicant regarding eligibility for workers and III. Current Actions pools for the Department’s positions. former workers of the subject firm to See 5 U.S.C. 7201(c); 29 U.S.C. 791; 29 This notice requests an extension of apply for Trade Adjustment Assistance U.S.C. 2000e–16; 5 CFR 720.204; 29 CFR the current Office of Management and (TAA) under petition TA–W–39,449A 1614.101(a). To achieve this goal, DOL Budget approval of the Applicant and North American Free Trade employment offices have conducted Background Questionnaire. Extension is Agreement-Transitional Adjustment targeted outreach to a variety of sources, necessary to continue to evaluate the Assistance (NAFTA–TAA) under including educational institutions, effectiveness of agency recruitment petition NAFTA–4955A and Trade professional organizations, newspapers programs in attracting applicants from Adjustment Assistance (TAA) under and magazines. DOL has also underrepresented sectors of the petition TA–W–39,437A and North participated in career fairs and population. American Free Trade Agreement- Transitional Adjustment Assistance conferences that reach high Type of Review: Extension of a (NAFTA–TAA) under petition NAFTA– concentrations of Hispanics, African currently approved collection Agency: 4954, respectively. The denial notices Americans, Native Americans, Asians, U.S. Department of Labor, Office of the applicable to workers of Agere Systems, and persons with disabilities. Assistant Secretary for Administration Optoelectronics Division, Breinigsville, and Management. Without the data provided by this Pennsylvania, were signed on August collection, DOL does not have the Title: Applicant Background 29, 2001 (TA–W–4937A and TA–W– ability to evaluate the effectiveness of Questionnaire. 39,449A), and August 23, 2001 any of these targeted recruiting OMB Number: 1225–0072. (NAFTA–4955A and NAFTA–4954) and strategies because collection of racial Affected Public: Applicants for published in the Federal Register on and national origin information only positions recruited in the Department of September 11, 2001 (66 FR 47241) and occurs at the point of hiring. DOL needs Labor. (66 FR 47243), respectively. to collect data on the pools of applicants Total Respondents: 3,000. Pursuant to 29 CFR 90.18(c) which result from the various targeted Frequency: one time per respondent. reconsideration may be granted under recruitment strategies listed above. After Total Responses: 3,000. the following circumstances: the certification and selection process (1) If it appears on the basis of facts has been completed, it is necessary to Average Time per Response: 5 minutes. not previously considered that the cross-reference the data collected with determination complained of was Estimated Total Burden Hours: 250 the outcome of the qualifications review erroneous; hours. in order to evaluate the quality of (2) if it appears that the determination applicants from various recruitment Total Burden Cost (capital/startup): complained of was based on a mistake sources. With the information from this $0. in the determination of facts not collection, DOL can adjust and redirect Total Burden Cost (operating/ previously considered; or its targeted recruitment to achieve the maintaining): $0. (3) if in the opinion of the Certifying best result. DOL will also be able to Comments submitted in response to Officer, a misinterpretation of facts or of respond to requests for information this notice will be summarized and/or the law justified reconsideration of the received from the Office of Personnel included in the request for Office of decision. Management (OPM) in the course of Management and Budget approval of the The TAA petitions, filed on behalf of OPM’s evaluation and oversight information collection request; they will workers at Agere Systems, activities. also become a matter of public record. Optoelectronics Division, Breinigsville,
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Pennsylvania, and Agere Systems, petitions for the Breiningsville, The workers at the subject firm were Optoelectronics Division, Reading, Pennsylvania plant. Those petitions will engaged in employment related to the Pennsylvania producing be instituted shortly. The Department production of automotive stampings and optoelectronics, were denied because based on the information provided assemblies. the ‘‘contributed importantly’’ group during reconsideration is also initiating The petitioner indicated that the eligibility requirement of section 222(3) new TAA and NAFTA–TAA subject firm opened a new stamping of the Trade Act of 1974, as amended, investigations for the Reading, plant in Silao, Mexico during the fall of was not met. The ‘‘contributed Pennsylvania location. 2000. The petitioner further stated that importantly’’ test is generally Conclusion the opening of the Mexican plant demonstrated through a survey of the After review of the application and resulted in a significant shift in plant workers’ firm’s customers. The survey production to Mexico. revealed no increased customer imports investigative findings, I conclude that of optoelectronics during the relevant there has been no error or On reconsideration, the Department period. The investigation further misinterpretation of the law or of the contacted the company for an revealed that imports of optoelectronics facts which would justify explanation of the alleged shift in plant by the company were negligible. reconsideration of the Department of production to Mexico. The company The NAFTA–TAA petitions for the Labor’s prior decisions. Accordingly, indicated that no work performed at The same worker groups were denied the application is denied. Budd Company, Stamping and Frame because criteria (3) and (4) of the group Signed at Washington, DC, this 15th day of Division, Philadelphia, Pennsylvania eligibility requirements in paragraph January, 2002. was shifted to their joint venture facility (a)(1) of section 250 of the Trade Act, as Edward A. Tomchick, located in Mexico. The company further amended, were not met. A survey was Director, Division of Trade Adjustment indicated that they did not import conducted and revealed that customers Assistance. products like and directly competitive did not increase their imports of [FR Doc. 02–2341 Filed 1–30–02; 8:45 am] with what the subject plant produced back to the United States during the optoelectronics from Mexico or Canada BILLING CODE 4510–30–M during the relevant period. The subject relevant period. firm did not import optoelectronics Conclusion from Mexico or Canada, nor was DEPARTMENT OF LABOR production of optoelectronics shifted After reconsideration, I affirm the from the workers’ firm to Mexico or Employment and Training original notice of negative Canada. Administration determinations regarding eligibility to The petitioners allege that plant [TA–W–38,893 and NAFTA–04613] apply for worker adjustment assistance production is being shifted to Asia and and NAFTA-Transitional Adjustment Mexico and that the products will be The Budd Company Stamping and Assistance for workers and former imported back to the United States. Frame Division Philadelphia, PA; workers of The Budd Company. The petitioners supplied information Notice of Negative Determination of Stamping and Frame Division, concerning the company’s Reconsideration Philadelphia, Pennsylvania. manufacturing strategy concerning the transfer of plant production to Asia, in On November 30, 2001, the Dated: Signed at Washington, DC, this 2nd conjunction with various other factors Department issued an Affirmative day of January 2002. that are scheduled to occur. The Determination Regarding Application Edward A. Tomchick, planned transfer and potential imports for Reconsideration for the workers and Director, Division of Trade Adjustment are beyond the relevant period of the former workers of the subject firm. The Assistance. initial investigation and thus could not notice was published in the Federal [FR Doc. 02–2335 Filed 1–30–02; 8:45 am] be considered during the investigation. Register on December 26, 2001 (66 FR BILLING CODE 4510–30–M The petitioners further allege that 66467). certain products produced by the The Department initially denied TAA subject plant were being outsourced to to workers of The Budd Company, DEPARTMENT OF LABOR Canada and/or Mexico. Stamping and Frame Division, Based on data supplied by the Philadelphia, Pennsylvania because the Employment and Training company, only negligible amounts of ‘‘contributed importantly’’ group Administration products produced by the subject plant eligibility requirement of section 222(3) were being outsourced to foreign of the Trade Act of 1974, as amended, [TA–W–38,424 and NAFTA–4441] sources. was not met. None of the respondents The petitioners also indicated that increased their import purchases of Georgia Pacific Chip and Saw Plant, some modulators, similar to those automotive stampings and assemblies, Baileyville, ME; Notice of Revised produced by the subject plant, are while reducing their purchases from the Determination on Reconsideration scheduled to be made in Singapore. subject firm. The shift in production to Singapore The Department denied NAFTA–TAA By letter dated April 12, 2001, the does not meet the ‘‘contributed because the ‘‘contributed importantly’’ Paper, Allied-Industrial, Chemical and importantly’’ test unless the product group eligibility requirement of section Energy Workers International Union, was imported back to the United States 250 was not met and because there was Local 1–1367 (PACE), requested during the investigation period. no shift in production to either Mexico administrative reconsideration of the The majority of the information or Canada. None of the customers Department’s denial of TAA and recently provided by the petitioners increased their import purchases of NAFTA–TAA for workers of the subject concerns a time period following the automotive stampings and assemblies firm. Workers at Georgia Pacific initial decision. The petitioner with from Canada or Mexico, while reducing Corporation, Chip-and-Saw, Baileyville, their request for reconsideration, their purchases from the subject firm Maine, are engaged in the production of attached new TAA and NAFTA–TAA during the relevant period. softwood dimensional lumber.
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On March 14, 2001 and March 13, Conclusion (2) that sales or production, or both, 2001, the Department of Labor issued After careful review of the application of the firm or subdivision have Negative Determination Regarding and investigative findings on decreased absolutely, and Eligibility to apply for Trade reconsideration, I conclude that (3) that increases of imports of Adjustment Assistance (TAA) and increased imports, including those from imports of articles like or directly NAFTA–Transitional Adjustment Canada of articles like or directly competitive with articles produced by Assistance (NAFTA–TAA), respectively, competitive with softwood lumber, the firm or appropriate subdivision have applicable to workers and former contributed importantly to the decline contributed importantly to the workers of the subject firm. The TAA in sales or production and to the total separations, or threat thereof, and to the and NAFTA–TAA decisions were or partial separation of workers of the absolute decline in sales or production. published in the Federal Register on subject firm. In accordance with the April 16, 2001 (66 FR 19520) and (66 FR Negative Determinations for worker provisions of the Trade Act, I make the Adjustment Assistance 169522), respectively. following certification: In each of the following cases the The TAA petition was denied because All workers of Georgia Pacific, Chip and the ‘‘contributed importantly’’ group Saw Plant, Baileyville, Maine, engaged in investigation revealed that criterion (3) eligibility requirement of section 222(3) employment related to the production of has not been met. A survey of customers of the Trade Act of 1974, as amended, softwood lumber, who became totally or indicated that increased imports did not was not met. The ‘‘contributed partially separated from employment on or contribute importantly to worker importantly’’ test is generally after December 2, 1999, through two years separations at the firm. demonstrated through a survey of the from issuance of the revised determination, TA–W–40,358; Pennsylvania Tool and are eligible to apply for adjustment assistance workers’ firm’s customers. The Gages, Inc., Meadville, PA investigation revealed that none of the under section 223 of the Trade Act of 1974; and TA–W–39,522; JLG Industries, Inc., subject firm customers reported All workers of Georgia Pacific, Chip and Bedford, PA increased import purchases of softwood Saw Plant, Baileyville, Maine, engaged in TA–W–39,302; Honeywell Aircraft lumber (dimensional). employment related to the production of Landing Systems, South Bend, IN The NAFTA–TAA petition for the softwood lumber, who became totally or TA–W–40,564; Texfi Industries, New same worker group was denied because partially separated from employment on or after January 2, 2000, through two years from York, NY criteria (3) and (4) of the group TA–W–40,314 & A; Trout Lake Farm eligibility requirements in paragraph the issuance of this revised determination, are eligible to apply for NAFTA–TAA under LLC, Trout Lake, WA and Moses Lake, (a)(1) of section 250 of the Trade Act, as section 250 of the Trade Act of 1974. WA amended, were not met. There was no TA–W–40,451; Modern Prototype, Troy, shift of production from the subject firm Signed in Washington, DC, this 9th day of MI to Canada or Mexico, nor did the January 2002. company import softwood lumber from Edward A. Tomchick, TA–W–39,907; Alcoa Fujikura Ltd, Canada or Mexico. The Department Director, Division of Trade Adjustment Optical Fiber Systems, Houston, TX conducted a survey of major customers Assistance. In the following cases, the of the subject firm regarding purchases [FR Doc. 02–2344 Filed 1–30–02; 8:45 am] investigation revealed that the criteria of softwood lumber (dimensional). The BILLING CODE 4510–30–M for eligibility have not been met for the survey revealed that the customers did reasons specified. not significantly increase import Increased imports did not contribute purchases of softwood lumber from DEPARTMENT OF LABOR importantly to worker separations at the Canada or Mexico. Employment and Training firm. In the request for reconsideration, Administration TA–W–39,056; Peerless Pattern Works, PACE asserts that there was a Portland, OR contradiction in the TAA and NAFTA– Notice of Determinations Regarding TA–W–39,433; The Penn Companies, St. TAA decisions, inasmuch as in the TAA Eligibility To Apply for Worker Peters, MO petition denial, the finding that import Adjustment Assistance and NAFTA TA–W–40,071; PTC Alliance, purchases by the subject company of Transitional Adjustment Assistance Darlington, OH softwood dimensional lumber declined In accordance with Section 223 of the TA–W–40,275; Tyco Electronics, Fiber during the relevant time periods, while Optics Div., Glen Rock, PA the NAFTA–TAA petition denial found Trade Act of 1974, as amended, the TA–W–40,435; Telaxis the subject firm does not import Department of Labor herein presents Communications, South Deerfield, softwood lumber. summaries of determinations regarding eligibility to apply for trade adjustment MA The Department concurs with the assistance for workers (TA–W) issued The workers firm does not produce an PACE on this issue. On reconsideration, during the period of January, 2002. article as required for certification under the Department conducted further In order for an affirmative Section 222 of the Trade Act of 1974. import analysis. The analysis revealed determination to be made and a TA–W–40,560; DataMark, Inc., El Paso, that Georgia Pacific maintained a certification of eligibility to apply for TX reliance on imports of softwood lumber worker adjustment assistance to be from Canada and other sources, while issued, each of the group eligibility TA–W–40,479; Gate Gourmet reducing production and employment at requirements of Section 222 of the Act International, Unit 498, Charlotte, NC the Chip and Saw Plant located in must be met. TA–W–40,441; Road Machinery Co., Baileyville, Maine. (1) that a significant number or Bayard, NM From 1999 to 2000, U.S. imports of proportion of the workers in the TA–W–40,562; Lake Superior and softwood lumber from Canada increased workers’ firm, or an appropriate Ishpiming Railroad Co., Marquette, MI absolutely and relative to domestic subdivision thereof, have become totally TA–W–39,919; Antec/Keptel, Tinton production and consumption. or partially separated, Falls, NJ
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Affirmative Determinations for Worker TA–W–39,670 & A; Lamb-Grays Harbor Canada or Mexico did not contribute Adjustment Assistance Co., Hoquiam, WA and Meridian, MS: importantly to workers’ separations. The following certifications have been July 9, 2000. There was no shift in production from issued; the date following the company TA–W–40,099; Shasta Paper Co., the subject firm to Canada or Mexico name and location of each Anderson, CA: September 4, 2000. during the relevant period. TA–W–40,178; Corning Cable Systems, determination references the impact NAFTA–TAA–05067 & A; Lamb-Grays Optical Assemblies Plant, Hickory, date for all workers of such Harbor Co., Hoquiam, WA and NC: September 20, 2000. determination. Meridian, MS. TA–W–40,180; Skinner Engine Co., Erie, NAFTA–TAA–05392 & A; International TA–W–40,125; Arrow/SI, Winsted, CT: PA: September 27, 2000. Wire Group, Inc., Bare Ware Div., September 13, 2000. TA–W–40,261; Capitol Manufacturing, Plant #4, Pine Bluff, AR and Bare TA–W–40,123; Crown Pacific Limited Harsco Corp. Gas and Fluid Control Wire Div., Shunt Plant, Pine Bluff, AR. Partnership, Coeur D’Alene, ID: Group, Lansing, OH: October 4, 2000. NAFTA–TAA–05573; Metalloy Corp., August 30, 2000. TA–W–40,404; Fender Musical Hudson, MI. TA–W–40,028; Story and Clark Piano Instruments, Westerly. RI: November NAFTA–TAA–05638; Scientific Molding Co., A Div. of QRS Music Rolls, 27, 2000. Corp. Ltd., SMC Texas Div., Seneca, PA: August 30, 2000. TA–W–40,420 & A; International Wire Brownsville, TX. TA–W–39,939; Willamette Industries, Group, Inc., Bare Wire Div., Plant #4, NAFTA–TAA–04773; PSC Scanning, Inc., Korpine Particleboard Div., Pine Bluff, AR and Shunt Plant, Pine Eugene, OR. Bend, OR: August 17, 2000. Bluff, AR: October 19, 2000. NAFTA–TAA–04966; The Penn TA–W–39,539; Mission Valley Fabrics, TA–W–40,462; Vishay Vitramon, Companies, St. Peters, MO. New Braunfels, TX: June 14, 2000. Roanoke, VA: December 12, 2000. NAFTA–TAA–05288; Curtron TA–W–39,191; NVN Corp., Clifton, NJ: TA–W–40,466; Precision Cable Manufacturing, Inc., Travelers Rest, April 3, 2000. Assemblies, Logansport, IN: December SC. TA–W–40,258; Superior Uniform 14, 2000. NAFTA–TAA–05424; Paulson Wire Service Group, Inc., McGehee TA–W–40,532; Rich Products Rope Corp., Sunbury, PA. Industries, McGehee, AR: October 2, Manufacturing Corp., Appleton Div., NAFTA–TAA–05524; Tresco Tool, Inc., 2000. Appleton, WI: November 1, 2000. Guys Milles, PA. NAFTA–TAA–05584; Carrier Corp., TA–W–40,249; Liebert Corp., Irvine Also, pursuant to Title V of the North California Operations, Irvine, CA: American Free Trade Agreement Conway Refrigeration Operation, September 27, 2000. Implementation Act (P.L. 103–182) Conway, AR. TA–W–40,243; Paulson Wire Rope concerning transitional adjustment assistance NAFTA–TAA–05590; Hoskins Corp., Sunbury, PA: October 4, 2000. hereinafter called (NAFTA–TAA) and in Manufacturing Co., Mio, MI. TA–W–40,225; Atotech USA, State accordance with Section 250(a), Subchapter NAFTA–TAA–05591; Hoskins College, PA: October 4, 2000. D, Chapter 2, Title II, of the Trade Act as Manufacturing Co., Lewiston, MI. amended, the Department of Labor presents NAFTA–TAA–05611; Stylemaster TA–W–40,198; Scion Valley, Inc., summaries of determinations regarding Apparel, Inc., Union, MO. Meridian, TX: September 27, 2000. eligibility to apply for NAFTA–TAA issued NAFTA–TAA–05665; JBI LP, Osseo, WI. TA–W–40,078; Guilford Mills, Pine during the month of January, 2002. NAFTA–TAA–04732; Peerless Pattern Grove, PA: September 10, 2000. In order for an affirmative determination to Works, Portland, OR. TA–W–40,276; Dorel Juvenile Group, be made and a certification of eligibility to The workers firm does not produce an Inc., Formerly Cosco, Inc., Ft. Smith, apply for NAFTA–TAA the following group article as required for certification under AR: October 8, 2000. eligibility requirements of Section 250 of the Section 250(a), Subchapter D, Chapter 2, TA–W–39,964 & A; NACCO Industries, Trade Act must be met: (1) that a significant number or proportion Title II, the Trade Act of 1974, as Inc., Materials Handling Group, of the workers in the workers’ firm, or an amended. Assembly Building, Danville, IL and appropriate subdivision thereof, (including Parts Distribution Center, Danville, IL: NAFTA–TAA–05162; NACCO workers in any agricultural firm or Industries, Inc., Materials Handling June 26, 2000. appropriate subdivision thereof) have TA–W–40,520 & A; Hoskins become totally or partially separated from Group, Parts Distribution Center, Manufacturing Co., Mio, MI and employment and either— Danville, IL Lewiston, MI: November 27, 2000. (2) that sales or production, or both, of Affirmative Determinations NAFTA– TA–W–40,510; Applied Concepts, Inc., such firm or subdivision have decreased TAA Warrendale, PA: November 14, 2000. absolutely, (3) that imports from Mexico or Canada of NAFTA–TAA–04956; Kendall TA–W–40,491 & A; Wesley Industries, articles like or directly competitive with Healthcare, Chatsworth, CA: May 16, Inc., Bloomfield Hills, MI and New articles produced by such firm or subdivision 2000. Haven Foundry, New Haven, MI: have increased, and that the increases NAFTA–TAA–05050; Laco Sportswear, November 20, 2000. imports contributed importantly to such Inc., Chattanooga, TN: June 28, 2000. TA–W–40,408; Carrier Corp., Conway workers’ separations or threat of separation NAFTA–TAA–05429; Capitol Refrigeration Operations, Conway, and to the decline in sales or production of Manufacturing, Harsco Corp. Gas and such firm or subdivision; or AR: October 19, 2000. Fluid Control Group, Lansing, OH: TA–W–40,393; Stylemaster Apparel, (4) that there has been a shift in production by such workers’ firm or subdivision to October 9, 2000. Inc., Union, MO: November 27, 2000. Mexico or Canada of articles like or directly NAFTA–TAA–05438; United For TA–W–40,329; D. K. Mold and competitive with articles which are produced Excellence, River Falls, WI: September Engineering, Inc., Wyoming, MI: by the firm or subdivision. 13, 2000. October 23, 2000. NAFTA–TAA–05555; The Gillette Co., TA–W–39,356; Kendall Healthcare, Negative Determinations NAFTA–TAA Oral-B Laboratories, Iowa City, IA: Chatsworth, CA: May 16, 2000. In each of the following cases the November 13, 2000. TA–W–39,584; Laco Sportswear, Inc., investigation revealed that criteria (3) NAFTA–TAA–05585 & A; VF Jeanswear Chattanooga, TN: June 25, 2000. and (4) were not met. Imports from Limited Partnership, Andrews, NC
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and Greensboro, NC: November 20, DEPARTMENT OF LABOR was conducted and revealed that 2000. customers did not increase their imports Employment and Training NAFTA–TAA–05682; Parallax Power of softwood dimensional lumber from Administration Components LLC, Goodland, IN: Canada or Mexico during the relevant period. The subject firm did not import December 14, 2000. [TA–W–38,791 and NAFTA–04630] softwood dimensional lumber, nor was NAFTA–TAA–05692; Emerson Electric Sierra Pacific Industries Loyalton, CA; production of softwood dimensional Co., Alco Controls Div., Hazlehurst, Notice of Negative Determination lumber shifted from the workers’ firm to GA: December 17, 2000. Regarding Application for Mexico or Canada. NAFTA–TAA–05618; Cherry Electrical Reconsideration The petitioner alleges that the Products, Div. of Cherry Corp., company in their closure notice By application of May 31, 2001, the Pleasant Prairie, WI: December 3, indicated that the subject facility has United Brotherhood of Carpenters & been impacted by imports of softwood 2000. Joiners of America, Western Council of lumber from Canada. The petitioner NAFTA–TAA–05621; Biltwell Clothing Industrial Workers, Local Union 3074 supports this statement by indicating Co., Rector Sportswear, Rector, AR: requested administrative that the United States International November 9, 2000. reconsideration of the Department’s Trade Commission, (USITC Publication NAFTA–TAA–05628; Cooper negative determination regarding No. 3426, May 2001) in the conclusion Bussmann, Goldsboro, NC: November eligibility for workers and former statement ‘‘for the foregoing reasons, we 27, 2000. workers of the subject firm to apply for determine there is a reasonable Trade Adjustment Assistance (TAA) indication that an industry in the NAFTA–TAA–05633; Evergreen under petition TA–W–38,791 and North United States is threatened with Wholesale Florist, Design Department, American Free Trade Agreement- material injury by reason of imports of Seattle, WA: December 10, 2000. Transitional Adjustment Assistance softwood lumber from Canada are NAFTA–TAA–05646; Smiley Hats, Inc., (NAFTA–TAA) under petition NAFTA– allegedly subsidized by the Government Sparks, NV. 4630. The denial notices applicable to of Canada and sold in the United States workers of Sierra Pacific Industries, at less than fair value.’’ The USITC NAFTA–TAA–05553; Guilford Mills, Loyalton, California, were signed on preliminary decision was established Inc., Pine Grove, PA: November 8, April 24, 2001 (TA–W–38,791), and after the original TAA and NAFTA– 2000. April 30, 2001 (NAFTA–4630) and TAA investigations were completed. NAFTA–TAA–05546; Storm Copper published in the Federal Register on The Department does examine current Components, Decatur, TN: November May 9, 2001 (66 FR 23733) and May 18, USITC decisions during TAA and 13, 2000. 2001 (66 FR 27691), respectively. NAFTA–TAA investigations for import NAFTA–TAA–05499; Prime Tanning Pursuant to 29 CFR 90.18(c) trends as appropriate. An examination Corp., St. Joseph Plant, St. Joseph, reconsideration may be granted under of the USITC investigation revealed that the following circumstances: Canadian and aggregate U.S. imports of MO: October 24, 2000. (1) If it appears on the basis of facts softwood lumber remained relatively NAFTA–TAA–05460; Summitville Tiles, not previously considered that the stable in the year 2000 over the Inc., Summitville Carolina Div., determination complained of was corresponding 1999 period. Any Morgaton, NC: October 16, 2000. erroneous; increases in imports are relatively small NAFTA–TAA–05423; Wabash National (2) If it appears that the determination and not a major contributing factor to Corp., Wabash National, LP, complained of was based on a mistake the ‘‘contributed importantly’’ criterion Huntsville, TN: September 25, 2000. in the determination of facts not of worker group’s eligibility previously considered; or requirements of section 222 of the Trade NAFTA–TAA–05414; Bobs Candies, (3) If in the opinion of the Certifying Act.’’ Inc., Including Workers of Kelly Officer, a misinterpretation of facts or of The USITC softwood lumber imports Temporary Services, Albany, GA: the law justified reconsideration of the statistics provided in the USITC October 9, 2000. decision. investigation are basket categories and NAFTA–TAA–05359; Crown Pacific The TAA petition, filed on behalf of not specific to softwood dimensional Limited Partnership, Coeur D’Alene, workers at Sierra Pacific Industries, lumber and thus not specific to the ID: August 30, 2000. Loyalton, California, producing products produced at the subject firm. softwood dimensional lumber, was The USITC preliminary decision I hereby certify that the aforementioned denied because the ‘‘contributed focuses on the fact that there is determinations were issued during the month importantly’’ group eligibility reasonable indication that the softwood of January, 2002. Copies of these requirement of section 222(3) of the lumber industry is threatened with determinations are available for inspection in Trade Act of 1974, as amended, was not material injury by reason of subject Room C–5311, U.S. Department of Labor, 200 met. The ‘‘contributed importantly’’ test imports of softwood lumber from Constitution Avenue, NW., Washington, D.C. is generally demonstrated through a Canada that are allegedly subsidized 20210 during normal business hours or will survey of the workers’ firm’s customers. and sold at less than fair value. A be mailed to persons who write to the above The survey revealed no increase foreign company subsidizing and selling address. customer imports of softwood at less than fair value is also not a Dated: January 22, 2002. dimensional lumber during the relevant relevant factor relating to the Edward A. Tomchick, period. ‘‘contributed importantly’’ criterion of The NAFTA–TAA petition for the Director, Division of Trade Adjustment worker group’s eligibility requirements Assistance. same worker group was denied because of section 222 of the Trade Act. criteria (3) and (4) of the group The petitioner further alleges that [FR Doc. 02–2327 Filed 1–30–02; 8:45 am] eligibility requirements in paragraph high log prices contributed to Sierra BILLING CODE 4510–30–M (a)(1) of Section 250 of the Trade Act, Pacific Industries’ decision to close their as amended, were not met. A survey Loyalton facility.
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The price of logs is not relevant to the Also, upon reexamination, the The amended notice applicable to TAA or NAFTA–TAA investigations responses of the initial survey fairly TA–W–39, 619 is hereby issued as that were filed on behalf of workers represented customer purchases of follows: producing softwood dimensional dimensional lumber during the relevant All workers Converse, Inc., currently known lumber. period. A review of the survey as CVEO Corp. Charlotte, North Carolina who responses revealed that declining Conclusion became totally or partially separated from customers significantly decreased their employment on or after June 25, 2000, After review of the application and imports of dimensional lumber, while through November 28, 2003 are eligible to investigative findings, I conclude that decreasing their purchases from the apply for adjustment assistance under section there has been no error or Blue Mountain Products, LLC during 223 of the Trade Act of 1974. misinterpretation of the law or of the the relevant period. Signed at Washington, DC, this 8th day of facts which would justify Conclusion January, 2002. reconsideration of the Department of Linda G. Poole, Labor’s prior decisions. Accordingly, After consideration, I affirm the the application is denied. original notice of negative Certifying Officer, Division of Trade determination of eligibility to apply for Adjustment Assistance. Signed at Washington, DC, this 14th day of [FR Doc. 02–2349 Filed 1–30–02; 8:45 am] January, 2002. worker adjustment assistance for workers and former workers of Blue BILLING CODE 4510–30–M Edward A. Tomchick, Mountain Products, LLC, Pendleton, Director, Division of Trade Adjustment Oregon. Assistant. DEPARTMENT OF LABOR [FR Doc. 02–2339 Filed 1–30–02; 8:45 am] Signed at Washington, DC, this 2nd day of January 2002. BILLING CODE 4510–30–M Employment and Training Edward A. Tomchick, Administration Director, Division of Trade Adjustment [TA–W–40,422] DEPARTMENT OF LABOR Assistance. [FR Doc. 02–2336 Filed 1–30–02; 8:45 am] Crown Marking Equipment Co. Employment and Training BILLING CODE 4510–30–M Warrington, PA; Notice of Termination Administration of Investigation [TA–W–38,809] DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Act of 1974, an investigation was Blue Mountain Products, LLC Employment and Training initiated on December 10, 2001, in Pendleton, OR; Notice of Negative Administration Determination on Reconsideration response to a petition filed by a [TA–W–39,619] company official on behalf of workers at On December 11, 2001, the Crown Marking Equipment Company, Department issued an Affirmative Converse, Inc. Currently Known as Warrington, Pennsylvania. Determination Regarding Application CVEO Corp. Charlotte, NC; Amended The company official submitting the for Reconsideration for the workers and Certification Regarding Eligibility To petition has requested that the petition former workers of the subject firm. The Apply for Worker Adjustment be withdrawn. Consequently, further notice will soon be published in the Assistance investigation in this case would serve Federal Register. In accordance with section 223 of the no purpose, and the investigation has The Department initially denied TAA Trade Act of 1974 (19 USC 2273) the been terminated. to workers of Blue Mountain Products, Department of Labor issued a Signed in Washington, DC, this 16th day of LLC, Pendleton, Oregon based on Certification of Eligibility to Apply for January, 2002. criterion (3) of the group eligibility Worker Adjustment Assistance on Linda G. Poole, requirements of section 222 of the Trade November 28, 2001, applicable to Certifying Officer, Division of Trade Act of 1974, as amended, not being met. workers of converse, Inc., Charlotte, Adjustment Assistance. Increased imports did not contribute North Carolina. The notice was [FR Doc. 02–2326 Filed 1–30–02; 8:45 am] importantly to worker separations at the published in the Federal Register on BILLING CODE 4510–30–M subject firm. The workers at the subject December 18, 2001 (66 FR 65220). firm were engaged in employment At the request of the company, the related to the production of softwood Department reviewed the certification DEPARTMENT OF LABOR dimensional lumber. for workers of the subject firm. The The petitioner feels that the survey workers are engaged in employment Employment and Training responses may have been filled out related to the distribution of canvas and Administration incorrectly and that some customers did rubber athletic footwear. [TA–W–38,646] not respond. New information received from the The Department upon the request of company shows that in May, 2001, CSC Ltd Warren, OH; Including an the petitioner, examined the survey Converse, Inc. became known as CVEO Employee of CSC Ltd, Warren, OH results and contracted a major customer Corp. Information also shows that some Located in Franklin Park, IL; Amended requesting clarification of their survey workers separated from employment at Certification Regarding Eligibility To response. Converse, Inc. had their wages reported Apply for Worker Adjustment The clarification of the respondent’s under a separate unemployment Assistance survey revealed that the customer insurance (UI) tax account for CVEO significantly decreased its imports of Corp. In accordance with section 223 of the softwood dimensional lumber, while Accordingly, the Department is Trade Act of 1974 (19 U.S.C. 2273) the decreasing its purchases from the amending the certification to properly Department of Labor issued a subject firm. reflect this matter. Certification of Eligibility to Apply for
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Worker Adjustment Assistance on April separations at the subject plant. The was issued on July 23, 2001, and was 12, 2001, applicable to workers of CSC denial notice was published in the published in the Federal Register on Ltd, Warren, Ohio. The notice was Federal Register on August 6, 2001 (66 August 15, 2001 (66 FR 42879). published in the Federal Register on FR 41052). Pursuant to 29 CFR 90.18(c) May 2, 2001 (66 FR 22007). To support the request for reconsideration may be granted under At the request of a petitioner, the reconsideration, the company supplied the following circumstances: Department reviewed the certification additional information. The company (1) If it appears on the basis of facts for workers of the subject firm. New indicated that plant production was not previously considered that the information shows that a worker shifted to an affiliated plant located in determination complained of was separation occurred involving an the Netherlands and that the foreign erroneous; employee of the CSC Ltd, Warren, Ohio plant imported the propionates and (2) If it appears that the determination facility located in Franklin Park, acetate back to the United States to complained of was based on a mistake Illinois. This employee was engaged in serve the subject firm’s domestic in the determination of facts not employment related to the production of customer base during the relevant previously considered; or SBQ steel bar at the Warren, Ohio period. (3) If in the Opinion of the Certifying location of the subject firm. The company also indicated that the Officer, a misinterpretation of facts or of Based on these findings, the overwhelming majority of their the law justified reconsideration of the Department is amending this customer base was directed toward the decision. certification to include an employee of U.S. market and that the products sold The investigation findings revealed the CSC Ltd, Warren, Ohio located in were not for the export market as that criterion (3) of the group eligibility Franklin Park, Illinois. indicated in the initial decision. requirements of section 222 of the Trade The intent of the Department’s Act of 1974 was not met. Increased Conclusion certification is to include all workers of imports did not contribute importantly CSC Ltd. adversely affected by increased After careful review of the additional to worker separations at the subject imports. facts obtained on reconsideration, I firm. Company imports are of products The amended notice applicable to conclude that increased imports of that are not and can not be made by the TA–W–38,646 is hereby issued as articles like or directly competitive with subject firm. Imports by the company follows: those produced at DuCoa, L.P., Verona, are for the primary purpose to expand the subject firm’s product line and not All workers of CSC Ltd., Warren, Ohio, Missouri contributed importantly to the including a worker CSC, Ltd., Warren, Ohio declines in sales or production and to displace or replace the existing product located in Franklin Park, Illinois, who the total or partial separation of workers line. became totally or partially separated from at the subject firm. In accordance with The request for reconsideration claims employment on or after January 22, 2000, the provisions of the Act, I make the that the company imported products through April 12, 2003, are eligible to apply following certification: like and directly competitive with what for adjustment assistance under section 223 All workers of DuCoa, L.P., Verona, the subject plant produced.The of the Trade Act of 1974. Missouri, who became totally or partially petitioner provided examples of Signed at Washington, DC, this 8th day of separated from employment on or after April products that are like and directly January, 2002. 11, 2000 through two years from the date of competitive with products produced at Linda G. Poole, this certification, are eligible to apply for the subject firm. Certifying Officer, Division of Trade adjustment assistance under Section 223 of The review of data supplied during Adjustment Assistance. the Trade Act of 1974. the initial investigation shows that a [FR Doc. 02–2348 Filed 1–30–02; 8:45 am] Signed in Washington, DC, this 26th day of meaningful portion of the company’s sales consists of imported products. BILLING CODE 4510–30–M December 2001. Edward A. Tomchick, However, most of these products are Director, Division of Trade Adjustment hobby/craft related and stand alone DEPARTMENT OF LABOR Assistance. items. They are new and unique and do [FR Doc. 02–2342 Filed 1–30–02; 8:45 am] not replace the overwhelming majority Employment and Training BILLING CODE 4510–30–M of products the company produces and Administration do not provide an alternative to any products the company sells. In [TA–W–39,112] DEPARTMENT OF LABOR summary, company imports of hobby/ DuCoa, L.P., Verona, MO; Notice of craft items like and directly competitive Revised Determination on Employment and Training with what the subject plant produces Reconsideration Administration are negligible. The company further indicated that a [TA–W–39,365] By letter of August 21, 2001, the small portion of houseware sales company requested administrative Eagle Affiliates Harrison, NJ; Notice of consists of imports, but are negligible in reconsideration regarding the Negative Determination Regarding relation to the products produced by the Department’s Negative Determination Application for Reconsideration subject firm. Regarding Eligibility to Apply for The preponderance in the declines in Worker Adjustment Assistance, By application of August 23, 2001, a employment at the subject plant is applicable to the workers of the subject petitioner requested administrative related to plant products being firm. reconsideration of the Department’s outsourced to another domestic firm. The initial investigation resulted in a negative determination regarding The survey results conducted during negative determination issued on July eligibility for workers and former the initial investigation revealed that 16, 2001, based on the finding that workers of the subject firm to apply for none of the customers increased their imports of calcium propionate, sodium Trade Adjustment Assistance (TAA). imports of products like and directly propionate and calcium acetate did not The denial notice applicable to workers competitive with what the subject plant contribute importantly to worker of Eagle Affiliates, Harrison, New Jersey produced during the relevant period.
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Conclusion conclude that increased imports of affected by increased imports of men’s After review of the application and articles like or directly competitive with and boy’s woven and knit shirts. investigative finding, I conclude that those produced at Echo Bay Minerals The amended notice applicable to there has been no error or Co., Battle Mountain, Nevada, TA–W–37,964 is hereby issued as misinterpretation of the law or of the contributed importantly to the declines follows: facts which would justify in sales or production and to the total All workers of Hampton Industries, reconsideration of the Department of or partial separation of workers at the Kinston, North Carolina (TA–W–37,964) and Labor’s prior decision. Accordingly, the subject firm. In accordance with the Hampton Industries, New York, New York applicant is denied. provisions of the Act, I make the (TA–W–37,964B) who became totally or following certification: partially separated from employment on or Dated: Signed at Washington, DC, this 3rd after July 20, 1999, through October 11, 2002, day of January 2002. All workers of Echo Bay Minerals Co., Battler Mountain, Nevada who became are eligible to apply for adjustment assistance Edward A. Tomchick, totally or partially separated from under Section 223 of the Trade Act of 1974. Director, Division of Trade Adjustment employment on or after August 6, 2001, Signed at Washington, DC, this 21st day of Assistance. through two years from the date of this December, 2001. [FR Doc. 02–2337 Filed 1–30–02; 8:45 am] certification, are eligible to apply for Linda G. Poole, BILLING CODE 4510–30–M adjustment assistance under section 223 of the Trade Act of 1974. Certifying Officer, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR Signed in Washington, DC, this 14th day of [FR Doc. 02–2345 Filed 1–30–02; 8:45 am] Janaury 2002. BILLING CODE 4510–30–M Employment and Training Edward A. Tomchick, Administration Director, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR [TA–W–39,703] [FR Doc. 02–2343 Filed 1–29–02; 8:45 am] Employment and Training BILLING CODE 4510–30–M Echo Bay Minerals Co., Battle Administration Mountain, NV; Notice of Revised Determination on Reopening [TA–W–39,826] DEPARTMENT OF LABOR On December 14, 2001, the Henry Manufacturing, Los Angeles, Department on it’s own motion Employment and Training CA; Notice of Termination of reopened the Department’s Negative Administration Investigation Determination Regarding Eligibility to [TRA–W–37,964 and TA–W–37,964B] Apply for Worker Adjustment Pursuant to Section 221 of the Trade Assistance, applicable to the workers of Hampton Industries Kinston, NC and Act of 1974, an investigation was the subject firm. New York, NY; Amended Certification initiated on August 13, 2001, in The initial investigation resulted in a Regarding Eligibility To Apply for response to a petition filed on behalf of negative determination issued on Worker Adjustment Assistance workers at Henry Manufacturing, Los December 5, 2001, based on the finding Angeles, California. that imports of gold dore did not In accordance with section 223 of the This case is being terminated on the contribute importantly to worker Trade Act of 1974 (19 U.S.C. 2273) the basis that the U.S. Department of Labor separations at the subject plant. The Department of Labor issued a Notice of was unable to locate an official of the denial notice was published in the Certification Regarding Eligibility to company to obtain the information Federal Register on December 26, 2001 Apply for Worker Adjustment necessary to render a decision. (66 FR 66428). Assistance on October 11, 2000, Consequently, it would serve no The company supplied additional applicable to workers of Hampton purpose to continue the investigation information to help clarify the products Industries, Kinston, North Carolina. The and the investigation has been produced at the subject site. The notice was published in the Federal terminated. company provided data showing that Register on November 1, 2000 (65 FR 65330). Signed in Washington, DC, this 16th day of the dominant product produced at the January, 2002. At the request of the petitioners, the subject site was silver. The silver Linda G. Poole, production accounted for over half of Department reviewed the certification for workers of the subject firm. The Certifying Officer, Division of Trade the subject plant’s revenues during the Adjustment Assistance. relevant period. company reports that worker An examination of aggregate U.S. separations occurred at the New York, [FR Doc. 02–2325 Filed 1–30–02; 8:45 am] imports of silver revealed that silver New York location of the subject firm. BILLING CODE 4510–30–M imports increased significantly during The New York, New York location the relevant period. The U.S. import to provided administrative services DEPARTMENT OF LABOR U.S. shipment ratio for silver was supporting the production of men’s and greater than 100 percent during the boy’s woven and knit shirts at the Employment and Training relevant period. Kinston, North Carolina facility of the Administration The workers at Echo Bay Minerals subject firm. Co., Battle Mountain, Nevada were Based on these findings, the Investigations Regarding Certifications under an existing trade adjustment Department is amending the of Eligibility To Apply for Worker assistance certification (TA–W–36,557) certification to include workers of Adjustment Assistance through August 5, 2001. Hampton Industries, New York, New York. Petitions have been filed with the Conclusion The intent of the Department’s Secretary of labor under section 221(a) After careful review of the additional certification is to include all workers of of the Trade Act of 1974 (‘‘the Act’’) and facts obtained on reconsideration, I Hampton Industries who were adversely are identified in the Appendix to this
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notice. Upon receipt of these petitions, threatened to begin and the subdivision shown below, not later than February the Director of the Division of Trade of the firm involved. 11, 2002. Adjustment Assistance, Employment The petitioners or any other persons The petitions filed in this case are and Training Administration, has showing a substantial interest in the available for inspection at the Office of instituted investigations pursuant to subject matter of the investigations may the Director, Division of Trade section 221(a) of the Act. request a public hearing, provided such Adjustment Assistance, Employment and Training Administration, U.S. The purpose of each of the request is filed in writing with the Department of Labor, Room C–5311, 200 investigations is to determine whether Director, Division of Trade Adjustment Assistance, at the address shown below, Constitution Avenue, NW., Washington, the workers are eligible to apply for not later than February 11, 2002. DC 20210. adjustment assistance under Title II, Chapter 2, of the Act. The investigations Interested persons are invited to Signed at Washington, DC, this 7th day of January, 2002. will further relate, as appropriate, to the submit written comments regarding the subject matter of the investigations to Edward A. Tomchick, determination of the date on which total the Director, Division of Trade or partial separations began or Director, Division of Trade Adjustment Adjustment Assistance, at the address Assistance.
APPENDIX [Petitions Instituted On 01/07/2002]
Date of peti- TA–W Subject firm (petitioners) Location tion Product(s)
40,526 .... HMG Intermark Worldwide (Co.) ...... Reading, PA ...... 10/23/2001 Plastic, Wood and Metal Parts. 40,527 .... Clearwater Forest (Co.) ...... Kooskia, ID ...... 11/07/2001 Dimensional Lumber. 40,528 .... Syst-A-Matic Tool (Co.) ...... Meadville, PA ...... 10/19/2001 Connector Holders Automobiles. 40,529 .... L–S Electro-Galvanizing (USWA) ...... Cleveland, OH ...... 12/03/2001 Electrogalvanizing Steel Coils. 40,530 .... Adcap-Dunn Manufacturing (Wrks) ...... Camp Hill, AL ...... 10/29/2001 Advertising Caps. 40,531 .... Price Pfister (Wrks) ...... Pacoima, CA ...... 11/09/2001 Machinery Parts to Make Faucets. 40,532 .... Rich Products (BCTGM) ...... Appleton, WI ...... 11/01/2001 Spiral and Refrigeration Coils. 40,533 .... Froedtert Malt (UAW) ...... Milwaukee, WI ...... 11/14/2001 Supply Malt to Breweries. 40,534 .... Littleford Day, Inc. (PACE) ...... Florence, KY ...... 12/24/2001 Mixing Machinery for Food & Chemicals. 40,535 .... Phoenix Gold Int’l (Wrks) ...... Portland, OR ...... 12/06/2001 Circuit Boards for Loudspeakers.
[FR Doc. 02–2333 Filed 1–30–02; 8:45 am] in the determination of facts not An examination of the initial BILLING CODE 4510–30–M previously considered; or investigation revealed that the firm’s (3) If in the opinion of the Certifying fluctuations in sales are minor in Officer, a misinterpretation of facts or of relation to the deep layoffs that occurred DEPARTMENT OF LABOR the law justified reconsideration of the at the subject plant. Any sales decision. fluctuations are related to reduced Employment and Training The petition, filed on behalf of demand from the subject firm’s major Administration workers at Huck Fasteners, Altoona, customer base, the automobile industry, Pennsylvania producing cold headed, which had declining automobile sales [TA–W–39,456] threaded fasteners, was denied because during the relevant period. Therefore, Huck Fasteners, Altoona, PA; Notice of the ‘‘contributed importantly’’ group imports of products like and directly Negative Determination Regarding eligibility requirement of section 222(3) competitive with that which the subject Application for Reconsideration of the Trade Act of 1974, as amended, plant produced did not contribute was not met. The preponderance in the importantly to the separations at the By application of August 12, 2001 the declines in employment at the subject subject plant. Laborers’ International Union of North plant is the direct result of all Based on information acquired from America (L.I.U.N.A.), Local 734 production being transferred to another the company during the initial requested administrative domestic location. The shift in plant investigation, the preponderance in the reconsideration of the Department’s production is attributed to a decision by declines in employment is related to a negative determination regarding the company to gain increased decision by the company during the eligibility for workers and former profitability through manufacturing early part of 2001 to shift plant workers of the subject firm to apply for efficiency. The investigation further production to an affiliated plant located Trade Adjustment Assistance (TAA). revealed that any fluctuations in plant in Medina, Ohio. The Medina facility The denial notice was signed on June sales are the direct result of the trend in produced the same type of products as 29, 2001, and published in the Federal the production of automobiles for which the Altoona plant. The Altoona plant Register on July 20, 2001 (66 FR 38026). the subject plant product is produced. was a much older facility that lacked Pursuant to 29 CFR 90.18(c) The investigation also revealed that the expansion potential. The Medina plant reconsideration may be granted under subject company did not import cold had a neighboring building that had the following circumstances: headed, threaded fasteners during the significant unused capacity and was (1) If it appears on the basis of facts relevant period. well suited for the subject plant’s not previously considered that the The petitioner alleges that the loss of production. determination complained of was a significant and highly profitable During the initial investigation, erroneous; segment of the company’s business is management indicated that the shift in (2) If it appears that the determination due to customers purchasing certain production could substantially improve complained of was based on a mistake product lines from foreign sources. manufacturing efficiency by integrating
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the Altoona facility into the Medina, The amended notice applicable to respondents increased their purchases Ohio plant. The company further TA–W–39,265 is hereby issued as of imported pressure sensitive paper indicated that the products were similar follows: (including EDP, thermal transfer, semi at both locations, the requisite skills of All workers of McGinley Mills, Inc., Easton, gloss etc.), while decreasing their employees are the same and that it is Pennsylvania (TA–W–39,265) and McGinley purchases from the subject firm during more efficient to run one larger plant Mills, Inc., Phillipsburg, New Jersey (TA–W– the relevant period. than two smaller plants. 39,265A) who became totally or partially The petitioner believes that the Labor separated from employment on or after April Department looked at the wrong product Conclusion 26, 2000, through September 4, 2003, are made by Spinnaker Coating Maine After review of the application and eligible to apply for adjustment assistance Incorporated. investigative findings, I conclude that under section 223 of the Trade Act of 1974. The Department’s decision was based there has been no error or Signed at Washington, DC, this 17th day of on the correct product (pressure misinterpretation of the law or of the January, 2002. sensitive paper). The Department facts which would justify Linda G. Poole, inadvertently referenced the wrong U.S. reconsideration of the Department of Certifying Officer, Division of Trade import category, pressure sensitive Labor’s prior decisions. Accordingly, Adjustment Assistance. labels (HTS–4821902000). The correct the application is denied. [FR Doc. 02–2347 Filed 1–30–02; 8:45 am] product produced at the company plant is classified under the category pressure Dated: Signed at Washington, DC, this 2nd BILLING CODE 4510–30–M day of January, 2002. sensitive papers (HTS–4811210000). Edward A. Tomchick, The Department uses import statistics as Director, Division of Trade Adjustment DEPARTMENT OF LABOR an indicator, but relies primarily on Assistance. customer surveys to determine if [FR Doc. 02–2340 Filed 1–30–02; 8:45 am] Employment and Training imports ‘‘contributed importantly’’ to Administration the declines in sales and/or production BILLING CODE 4510–30–M and employment at the subject firm. The [TA–W–39,380] Department examined the new data DEPARTMENT OF LABOR Spinnaker Coating Maine Incorporated supplied (pressure sensitive paper), but Westbrook, ME; Notice of Negative based on other data collected during the Employment and Training Determination Regarding Application initial investigation does not consider Administration for Reconsideration the import data as contributing importantly to the workers layoffs, due [TA–W–39,265 and TA–W–39,265A] By application dated September 28, to the survey responses showing an McGinley Mills, Inc., Phillipsburg and 2001, the PACE International Union, overwhelming reliance on domestic Easton, PA; Amended Certification Local 1069 requested administrative customer purchases of pressure Regarding Eligibility To Apply for reconsideration of the Department’s sensitive papers (including EDP, Worker Adjustment Assistance negative determination regarding thermal transfer, semi gloss etc) during eligibility to apply for Trade Adjustment the relevant period. In accordance with section 223 of the Assistance (TAA), applicable to workers The petitioner also feels that the time Trade Act of 1974 (19 USC 2273) the and former workers of the subject firm. period considered in the investigation is Department of Labor issued a Notice of The denial notice was signed on August not correct. Certification Regarding Eligibility to 23, 2001, and published in the Federal The Department examined the Apply for Worker Adjustment Register on September 11, 2001 (66 FR pertinent time periods of 1999, 2000 Assistance on September 4, 2001, 47242). and the January through June 2001 over applicable to workers of McGinley Pursuant to 29 CFR 90.18(c) the corresponding 2000 period. Mills, Inc., Easton, Pennsylvania. The reconsideration may be granted under The petitioner further indicates that notice was published in the Federal the following circumstances: the Department failed to survey the Register on September 21, 2001, (66 FR (1) If it appears on the basis of facts major customers properly and that a 48707). not previously considered that the specific customer switched from buying At the request of the company, the determination complained of was from the subject firm in favor of buying Department reviewed the certification erroneous; imported thermal transfer pressure for workers of the subject firm. The (2) If it appears that the determination sensitive paper (a product similar to company reports that worker complained of was based on a mistake what was purchased from the subject separations occurred at the Phillipsburg, in the determination of facts not firm). That customer stopped buying New Jersey location of McGinley Mills, previously considered; or thermal transfer pressure sensitive Inc. The Phillipsburg, New Jersey (3) If in the opinion of the Certifying paper from the subject firm during location produces woven greige goods Officer, a misinterpretation of facts or of February 1999, which is beyond the needed for the production of ribbons the law justified reconsideration of the relevant impact period for this petition and ribbon products at the Easton, decision. and investigation. Pennsylvania location of the subject The petition for the workers of The survey, as already indicated, firm. Spinnaker Coating Maine Co., revealed that none of the respondents Based on these findings, the Westbrook, Maine was denied because increased their purchases of imported Department is amending the the ‘‘contributed importantly’’ group pressure sensitive papers, (including certification to include workers of the eligibility requirement of section 222(3) EDP, thermal transfer, semi gloss etc.) Phillipsburg, New Jersey location of of the Trade Act of 1974, as amended, importantly, while decreasing their McGinley Mills, Inc. was not met. The ‘‘contributed purchases from the subject firm during The intent of the Department’s importantly’’ test is generally the relevant period. The survey further certification is to include all workers of demonstrated through a survey of revealed that the overwhelming majority McGinley Mills, Inc. who were customers of the workers’ firm. The of lost company business was due to adversely affected by increased imports. survey revealed that none of the customers purchasing products that are
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like and directly competitive with what Signed at Washington, DC, this 26th day of determination of the date on which total the subject plant produced from other December 2001. or partial separations began or domestic sources and only small Edward A. Tomchick, threatened to begin and the subdivision amounts of imports (and declining) Director, Division of Trade Adjustment of the firm involved. were purchased during the relevant Assistance. The petitioners or any other persons period. [FR Doc. 02–2338 Filed 1–30–02; 8:45 am] showing a substantial interest in the The petitioner further alleges that BILLING CODE 4510–30–M subject matter of the investigations may they feel declining price is a factor in request a public hearing, provided such the company sales declines. Price is not request is filed in writing with the a factor that is considered in meeting DEPARTMENT OF LABOR Director, Division of Trade Adjustment the ‘‘contributed importantly’’ group Assistance, at the address shown below, eligibility requirement of section 222(3) Employment and Training Administration not later than February 11, 2002. of the Trade Act of 1974, as amended. Interested persons are invited to The petitioner also indicates that a Investigations Regarding Certifications submit written comments regarding the foreign producer of products that are of Eligibility To Apply for Worker subject matter of the investigations to like and directly competitive with what Adjustment Assistance the Director, Division of Trade the subject firm produces is importing at Adjustment Assistance, at the address a lower price and indicates that this is Petitions have been filed with the shown below, not later than February the reason for the plant’s problems. Secretary of Labor under section 221(a) 11, 2002. Based on the survey results, as already of the Trade Act of 1974 (‘‘the Act’’) and indicated, this is not a major factor are identified in the Appendix to this The petitions filed in this case are contributing to the company’s declines notice. Upon receipt of these petitions, available for inspection at the Office of in sales, production and employment. the Director of the Division of Trade the Director, Division of Trade Adjustment Assistance, Employment Adjustment Assistance, Employment Conclusion and Training Administration, has and Training Administration, U.S. After review of the application and instituted investigations pursuant to Department of Labor, Room C–5311, 200 investigative findings, I conclude that section 221(a) of the Act. Constitution Avenue, NW., Washington, there has been no error or The purpose of each of the DC 20210. misinterpretation of the law or of the investigations is to determine whether Signed at Washington, DC, this 31st day of facts which would justify the workers are eligible to apply for December, 2001. reconsideration of the Department of adjustment assistance under Title II, Edward A. Tomchick, Labor’s prior decision. Accordingly, the Chapter 2, of the Act. The investigations Director, Division of Trade Adjustment application is denied. will further relate, as appropriate, to the Assistance. APPENDIX [Petitions Instituted on 12/31/2001]
Date of peti- TA–W Subject firm (petitioners) Location tion Product(s)
40,496 ...... Stanley Furniture Co. (Co.) ...... West End, NC ...... 12/20/2001 Wood Furniture. 40,497 ...... Lundeen’s, Inc. (Wkrs) ...... North Platte, NE ...... 12/19/2001 Platinum and Palladium. 40,498 ...... Precision Twist Drill (USWA) ...... Rhinelander, WI ...... 11/20/2001 Twist Drill Bits. 40,499 ...... Swift Spinning Mills (Co.) ...... Columbus, GA ...... 12/19/2001 Ring Spun Cotton. 40,500 ...... Marubeni Denim (Co.) ...... Columbus, GA ...... 12/19/2001 Denim Fabric. 40,501 ...... Motorola, Inc. (Wkrs) ...... Schaumburg, IL ...... 10/31/2001 Telecommunication System Harware. 40,502 ...... Midcom (Co.) ...... Watertown, SD ...... 12/03/2001 Transformers. 40,503 ...... International Paper (Wkrs) ...... Menasha, WI ...... 11/13/2001 Silicone Coated Substrate. 40,504 ...... LTV Steel Corp (Wkrs) ...... East Chicago, IN ...... 12/19/2001 Sheet Steel. 40,505 ...... Tee Tease LLC (Wkrs) ...... Commerce, CA ...... 10/31/2001 Print T-Shirts. 40,506 ...... Sunrise Medical (Co.) ...... Oshkosh, WI ...... 10/29/2001 Mobile Lifting Devices. 40,507 ...... Dresser Piping (IAMAW) ...... Bradford, PA ...... 09/24/2001 Pipeline Products. 40,508 ...... Lexington Home Brands (Co.) ...... Spruce Pines, NC ...... 10/23/2001 Furniture. 40,509 ...... Tmerys Kaolin (Co.) ...... Dry Branch, GA ...... 10/24/2001 Kaolin Clay. 40,510 ...... Applied Concepts (Wkrs) ...... Warrendale, PA ...... 11/14/2001 Hand Tools. 40,511 ...... Lea Wayne Knitting Mills (Wkrs) ...... Morristown, TN ...... 11/09/2001 Socks/Hosiery. 40,512 ...... Robert Mitchell-Douglas (Co.) ...... Portland, ME ...... 12/14/2001 Stainless Steel Pipe and Fittings. 40,513 ...... American Power Conversion (Wkrs) ...... West Warwick, RI ...... 12/12/2001 Power Supplies. 40,514 ...... Senco Products, Inc (Wkrs) ...... Cincinnati, OH ...... 10/24/2001 Staplers, Nailers, Fasteners. 40,515 ...... IEC Electronics (Wkrs) ...... Newark, NY ...... 10/04/2001 Assemble Electronic Equipment. 40,516 ...... Bayer Clothing Group (UNITE) ...... Clearfield, PA ...... 12/04/2001 Men’s Tailored Suits. 40,517 ...... Artex International, Inc. (Co.) ...... Boiling Springs, NC ..... 11/23/2001 Cloth Table Skirting and Napkins. 40,518 ...... Marconi (Wkrs) ...... Milwaukee, WI ...... 11/06/2001 Telecommunication Cabinets. 40,519 ...... Agilent Technologies (Wkrs) ...... Liberty Lake, WA ...... 12/03/2001 Electronic Test Equipment. 40,520A .... Hoskins Manufacturing Co. (Co.) ...... Lewiston, MI ...... 11/19/2001 Specialty Alloy Wires. 40,520 ...... Hoskins Manufacturing (Co.) ...... Mio, MI ...... 11/19/2001 Specialty Alloy Wires. 40,521 ...... Republic Technologies (USWA) ...... Akron, OH ...... 11/19/2001 Steel Bar. 40,522 ...... Johnson Controls Retail (Wkrs) ...... Reynoldsburg, OH ...... 11/08/2001 Temperature and Lighting Controls. 40,523 ...... Parallax Power Components (Co.) ...... Goodland, IN ...... 12/17/2001 Transformers. 40,524 ...... Intermetro Industries (Co.) ...... Douglas, GA ...... 11/19/2001 Wire Steel Shelving. 40,525 ...... Boeing Company (The) (IAMAW) ...... Renton, WA ...... 12/18/2001 Commercial Aircraft.
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[FR Doc. 02–2334 Filed 1–30–02; 8:45 am] Signed at Washington, DC, this 4th day of the Federal Register on October 30, BILLING CODE 4510–30–M January, 2002. 2001 (66 FR 54784). Linda G. Poole, At the request of the company, the Certifying Officer, Division of Trade Department reviewed the certification DEPARTMENT OF LABOR Adjustment Assistance. for workers of the subject firm. Findings [FR Doc. 02–2346 Filed 1–30–02; 8:45 am] show that the Department limited its Employment and Training BILLING CODE 4510–30–M certification coverage to workers of the Administration subject firm’s Zinc Die Cast Department, [TA–W–39,565C] the Secondary Department or engaged in DEPARTMENT OF LABOR employment in support of those Thomaston Mills, Inc. Corporation Departments. Office, Thomaston, GA, Including an Employment and Training New company information shows that Employee of Thomaston Mills, Inc. Administration worker separations occurred and a shift Corporate Office, Thomaston, GA in the production of plastic parts and [NAFTA–5567] Located in Arlington Heights, IL; aluminum die cast parts to Canada is Amended Certification Regarding Akers National Roll Hyde Park Foundry occurring at the subject firm’s other Eligibility To Apply for Worker in Division Hyde Park, PA; Notice of manufacturing departments; the Adjustment Assistance Termination of Investigation Aluminum and Plastic Parts In accordance with Section 223 of the Departments resulting in the entire Pursuant to Title V of the North Trade Act of 1974 (19 U.S.C. 2273) the plant closing in early 2002. American Free Trade Agreement Department of labor issued a It is the intent of the Department to Implementation Act (Pub. L. 103–182) Certification of Eligibility to Apply for include ‘‘all workers’’ of Armada, Inc. concerning transitional adjustment Worker Adjustment Assistance on adversely affected by a shift in assistance, hereinafter called NAFTA– November 15, 2001, applicable to production of plastic parts and TAA and in accordance with section workers of Thomaston Mills, Inc., aluminum die cast parts to Canada. 250(a), Subchapter 2, Title II, of the Corporate Office, Thomaston, Georgia. The Department is amending the Trade Act of 1974, as amended (19 USC The notice was published in the Federal certification determination to correctly 2331), an investigation was initiated on Register on November 30, 2001 (66 FR identify the worker group to read ‘‘all November 20, 2001, in response to a 59817). workers.’’ petition filed by a company official on At the request of a petitioner, the The amended notice applicable to behalf of workers at Akers National Roll, Department reviewed the certification NAFTA–05323 is hereby issued as Hyde Park Foundry Division, Hyde for workers of the subject firm. New follows: Park, Pennsylvania. information shows that a worker All workers of Armada, Inc., Leland, North The petitioner has requested that the separation occurred involving an Carolina who became totally or partially petition be withdrawn. Consequently, employee of the Corporate Office, separated from employment on after further investigation in this case would Thomaston, Georgia facility of September 12, 2000, through October 16, serve no purpose, and the investigation 2003, are eligible to apply for NAFTA–TAA Thomaston Mills, Inc., located in has been terminated. under Section 250 of the Trade Act of 1974. Arlington Heights, Illinois. This employee was engaged in employment Signed in Washington, DC, this 16th day of Signed at Washington, DC, this 17th day of related to the production of sheets, January, 2002. January 2002. pillowcases and comforters and related Linda G. Poole, Linda G. Poole, accessories at the Corporation Office, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Thomaston, Georgia location of the Adjustment Assistance. Adjustment Assistance. subject firm. [FR Doc. 02–2329 Filed 1–30–02; 8:45 am] [FR Doc. 02–2323 Filed 1–30–02; 8:45 am] Based on these findings, the BILLING CODE 4510–30–M BILLING CODE 4510–30–M Department is amending this certification to include an employee of the Corporate Office of Thomaston DEPARTMENT OF LABOR DEPARTMENT OF LABOR Mills, Inc., Thomaston, Georgia, located in Arlington Heights, Illinois. Employment and Training Employment and Training The intent of the Department’s Administration Administration certification is to include all workers of Thomaston Mills, Inc. adversely affected [NAFTA–05323] [NAFTA–05705] by increased imports. Armada, Inc. Leland, NC; Amended Denso Sales California, Inc., Long The amended notice applicable to Certification Regarding Eligibility To Beach, CA; Notice of Termination of TA–W–39,565C is hereby issued as Apply for Worker Adjustment Investigation follows: Assistance All workers of Thomaston Mills, Inc., Pursuant to Title V of the North Corporate Office, Thomaston, Georgia, In accordance with Section 250(A), American Free Trade Agreement including a worker the Corporate Office, Subchapter D, Chapter 2, Title II, of the Implementation Act (Pub. L. 103–182) Thomaston, Georgia, located in Arlington Trade Act of 1974 (19 USC 2273) the concerning transitional adjustment Heights, Illinois, engaged in employment Department of Labor issued a assistance, hereinafter called (NAFTA– related to the production of sheets, Certification for NAFTA Transitional TAA), and in accordance with section pillowcases and comforters and related Adjustment Assistance on October 16, 250(a), Subchapter D, Chapter 2, Title II, accessories who became totally or partially separated from employment on or after June 2001, applicable to workers of Armada, of the Trade Act of 1974, as amended 20, 2000, through November 15, 2003, are Inc., Zinc Die Cast Department, (19 USC 2273), an investigation was eligible to apply for adjustment assistance Secondary Department, Leland, North initiated on November 10, 2001, in under Section 223 of the Trade Act of 1974. Carolina. The notice was published in response to a petition filed by a
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company official on behalf of workers at Trade Act of 1974, as amended (19 The petitioner has requested that the Denso Sales California, Inc., Long U.S.C. 2273), the Department of Labor petition be withdrawn. Consequently, Beach, California. issued a Certification of Eligibility to further investigation in this case would The petitioner has requested that the Apply for NAFTA Transitional serve no purpose, and the investigation petition be withdrawn. Consequently, Adjustment Assistance on September 4, has been terminated. further investigation in this case would 2001, applicable to workers of McGinley Signed in Washington, DC, this 18th day of serve no purpose, and the investigation Mills, Inc., Easton, Pennsylvania. The January, 2002. has been terminated. notice was published in the Federal Linda G. Poole, Signed at Washington, DC, this 16th day of Register on September 21, 2001 (66 FR Certifying Officer, Division of Trade January, 2002. 48707). Adjustment Assistance. At the request of the company, the Linda G. Poole, [FR Doc. 02–2331 Filed 1–30–02; 8:45 am] Department reviewed the certification Certifying Officer, Division of Trade BILLING CODE 4510–30–M Adjustment Assistance. for workers of the subject firm. The [FR Doc. 02–2328 Filed 1–30–02; 8:45 am] company reports that worker BILLING CODE 4510–30–M separations occurred at the Phillipsburg, DEPARTMENT OF LABOR New Jersey location of McGinley Mills, Inc. The Phillipsburg, New Jersey Employment and Training DEPARTMENT OF LABOR location produces woven greige goods Administration needed for the production of ribbons Employment and Training and ribbon products at the Easton, [NAFTA–05571 and NAFTA–05571A] Administration Pennsylvania location of the subject Wesley Industries, Inc. Bloomfield [NAFTA—5694] firm. Hills, MI; Wesley Industries, Inc. New Based on these findings, the Haven Foundry, New Haven, MI; Department is amending the King Press Corporation, Joplin, Amended Certification Regarding certification to include workers of the Missouri; Notice of Termination of Eligibility To Apply for NAFTA- Phillipsburg, New Jersey location of Investigation Transitional Adjustment Assistance McGinley Mills, Inc. Pursuant to Title V of the North The intent of the Department’s In accordance with Section 250(a), American Free Trade Agreement certification is to include all workers of Subchapter D, Chapter 2, Title II, of the Implementation Act (Pub. L. 103–182) Wesley Industries, Inc. affected by Trade Act of 1974, as amended (19 concerning transitional adjustment increased imports of ribbons and ribbon U.S.C. 2273), the Department of Labor assistance, hereinafter called NAFTA– products from Mexico. issued a Certification of Eligibility to TAA and in accordance with section The amended notice applicable to Apply for NAFTA Transitional 350(a), subchapter D, Chapter 2, Title II, NAFTA–04818 is hereby issued as Adjustment Assistance on December 31, of the Trade Act of 1974, as amended follows: 2001, applicable to workers of Wesley (19 USC 2331), an investigation was All workers of McGinley Mills, Inc., Industries, Inc., Bloomfield Hills, initiated on December 28, 2001, in Easton, Pennsylvania (NAFTA–04818) and Michigan. The notice will be published response to a worker petition which was McGinley Mills, Inc., Phillipsburg, New soon in the Federal Register. filed by the company on behalf of Jersey (NAFTA–04818A) who became totally At the request of the petitioner, the workers at King Press Corporation, or partially separated from employment on or Department reviewed the certification Joplin, Missouri. after April 26, 2000, through September 4, for workers of the subject firm. The The petitioner has requested that the 2003, are eligible to apply for NAFTA–TAA company reports that worker under section 250 of the Trade Act of 1974. petition be withdrawn. Consequently separations occurred at the New Haven further investigation in this case would Signed in Washington, DC, this 17th day of Foundry, New Haven, Michigan facility serve no purpose, and the investigation January, 2002. of Wesley Industries, Inc. The workers has been terminated. Linda G. Poole, were engaged in the production of Signed in Washington, DC, this 18th day of Certifying Officer, Division of Trade automotive engine components: January, 2002. Adjustment Assistance. cylinder heads. Linda G. Poole, [FR Doc. 02–2330 Filed 1–30–02; 8:45 am] The intent of the Department’s Certifying Officer, Division of Trade BILLING CODE 4510–30–M certification is to include all workers of Adjustment Assistance. Wesley Industries, Inc. affected by [FR Doc. 02–2332 Filed 1–30–02; 8:45 am] increased imports of cylinder heads BILLING CODE 4510–30–M DEPARTMENT OF LABOR from Canada and Mexico. Accordingly, the Department is Employment and Training and amending the certification to include DEPARTMENT OF LABOR Administration workers of Wesley Industries, Inc., New [NAFTA–5658] Haven Foundry, New Haven, Michigan. Employment and Training The amended notice applicable to Administration Perceptron Incorporated, Plymouth, NAFTA–05571 is hereby issued as [NAFTA–04818 and NAFTA–04818A] MI; Notice of Termination of follows: Investigation All workers of Wesley Industries, Inc., McGinley Mills, Inc., Easton, PA and Bloomfield Hills, Michigan (NAFTA–5571) McGinley Mills, Inc., Phillipsburg, NJ; Pursuant to section 221 of the Trade Act of 1974, an investigation was and Wesley Industries, New Haven Foundry, Amended Certification Regarding New Haven, Michigan (NAFTA–5571A) who initiated on December 11, 2001, in Eligibility To Apply for NAFTA- became totally or partially separated from Transitional Adjustment Assistance response to a worker petition which was employment on or after November 20, 2000, filed by a company official on behalf of through December 31, 2003, are eligible to In accordance with section 250(a), workers at Perceptron, Incorporated, apply for NAFTA–TAA under Section 250 of Subchapter D, Chapter 2, Title II, of the Plymouth, Michigan. the Trade Act of 1974.
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Signed in Washington, DC this 14th day of Corporation Act, as amended (42 U.S.C. Paperwork Reduction Act requirements January 2002. 2996e(a)(1)). Awards will be made so are fulfilled. Linda G. Poole, that each service area indicated above is DATES: Comments must be submitted on Certifying Officer, Division of Trade served, although none of the listed or before March 4, 2002. Adjustment Assistance. organizations are guaranteed an award ADDRESSES: Send comments referencing [FR Doc. 02–2324 Filed 1–30–02; 8:45 am] or contract. This public notice is issued ‘‘ECR-Participation Program’’ to the BILLING CODE 4510–30–M pursuant to the LSC Act (42 U.S.C. following addresses: David P. Bernard, 2996f(f)), with a request for comments Associate Director, U.S. Institute for and recommendations concerning the Environmental Conflict Resolution, 110 potential grantees within a period of LEGAL SERVICES CORPORATION South Church Avenue, Suite 3350, thirty (30) days from the date of Tucson, Arizona 85701, and Amy Notice of Intent To Award—Grant publication of this notice. Grants will Farrell, Office of Management and Awards for the Provision of Civil Legal become effective and grant funds will be Budget, 725 17th Street, N.W., Services to Eligible Low-Income distributed on or about March 1, 2002. Washington, DC 20503. Clients Beginning March 1, 2002 Dated: January 28, 2002. FOR FURTHER INFORMATION CONTACT: AGENCY: Legal Services Corporation. Michael A. Genz, Please direct comments and requests for ACTION: Announcement of intention to Director, Office of Program Performance. information, including copies of the make FY 2002 Competitive Grant [FR Doc. 02–2410 Filed 1–30–02; 8:45 am] ICR, to: David P. Bernard, Associate Awards. BILLING CODE 7050–01–P Director, U.S. Institute for Environmental Conflict Resolution, 110 SUMMARY: The Legal Services South Church Avenue, Suite 3350, Corporation (LSC) hereby announces its MORRIS K. UDALL SCHOLARSHIP Tucson, Arizona 85701, Fax: 520–670– intention to award grants and contracts AND EXCELLENCE IN NATIONAL 5530; Phone: 520–670–5299; E-mail: to provide economical and effective ENVIRONMENTAL POLICY [email protected]. delivery of high quality civil legal FOUNDATION services to eligible low-income clients, SUPPLEMENTARY INFORMATION: beginning March 1, 2002. The United States Institute for A. Title for the Collection of DATES: All comments and Environmental Conflict Resolution; Information recommendations must be received on Agency Information Collection Application for Support from the or before the close of business on March Activities: Submission for OMB Environmental Conflict Resolution 4, 2002. Review; Comment Request; U.S. Participation Program ADDRESSES: Legal Services Institute for Environmental Conflict Corporation—Competitive Grants, Legal Resolution Application for Support B. Potentially Affected Persons Services Corporation, 750 First Street from the Environmental Conflict State and local governments and NE, 10th Floor, Washington, DC 20002– Resolution Participation Program agencies, tribes, and non-governmental 4250. AGENCY: Morris K. Udall Scholarship organizations who may apply to the U.S. FOR FURTHER INFORMATION CONTACT: and Excellence in National Institute for support to initiate multi- Reginald Haley, Office of Program party, neutral-led conflict resolution Performance, (202) 336–8827. Environmental Policy Foundation, U.S. Institute for Environmental Conflict processes on environmental and natural SUPPLEMENTARY INFORMATION: Pursuant Resolution. resource issues involving federal to LSC’s announcement of funding agencies or interests. availability on Thursday, December 6, ACTION: Notice. 2001, LSC will award funds to one or C. Questions To Consider in Making SUMMARY: In compliance with the Comments more of the following organizations to Paperwork Reduction Act (44 U.S.C. provide civil legal services in the 3501 et seq.) and supporting regulations, The Office of Management and Budget indicated service areas. The grant this document announces that the U.S. (OMB) requests your comments and amounts shown below are based on FY Institute for Environmental Conflict responses to any of the following 2002 funding levels and reflect a ten Resolution (the U.S. Institute), part of questions related to collecting month funding period beginning March the Morris K. Udall Foundation, is information as part of the Application 1, 2002 and ending December 31, 2002. submitting the following Information for Support from the Environmental Collection Request (ICR) to the Office of Conflict Resolution Participation Service FY 2002 Program. area Applicant name award Management and Budget (OMB): Application for Support from the 1. Is the proposed application process LA–1 ..... Capital Area $1,246,370 Environmental Conflict Resolution (‘‘collection of information’’) necessary Legal Services Participation Program. The ICR for the proper performance of the Corporation. describes the nature of the information functions of the agency, including LA–4 ..... New Orleans 1,740,090 collection and its expected burden and whether the information will have Legal Assist- cost. This document provides practical utility? ance Corpora- 2. Is the agency’s estimate of the time tion. information on the need for the ECR LA–8 ..... Southeast Lou- 530,650 Participation Program, information to be spent completing the application isiana Legal provided by applicants in the (‘‘burden of the proposed collection of Services Cor- application form, and estimates the information’’) accurate, including the poration. public burden associated with applying validity of the methodology and for and documenting activities assumptions used? These grants and contracts will be conducted under the ECR Participation 3. Can you suggest ways to enhance awarded under the authority conferred Program. Applications will not be the quality, utility, and clarity of the on LSC by the Legal Services accepted by the U.S. Institute until all information collected?
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4. Can you suggest ways to minimize Institute’s mission of promoting gather information about ECR processes the burden of the information collection resolution of environmental disputes for which support was requested. This on those who are to respond, including involving federal agencies. The specific provides the U.S. Institute with a through the use of appropriate objectives for this program are: mechanism for determining if the automated electronic, mechanical, or • To further the U.S. Institute goal of applicants meet the criteria for receiving other technological collection increasing the use of ECR in support and for targeting support to the techniques or other forms of information environmental, natural resource, and most promising ECR efforts (i.e. those technology? public lands conflicts that involve likely to produce implementable results federal agencies. through collaboration.) The proposed D. Abstract • To encourage high quality dispute Guidelines and sample Application The U.S. Institute for Environmental resolution processes by supporting form are located on the U.S. Institute’s Conflict Resolution plans to collect appropriate use of ECR strategies and website, at www.ecr.gov/new.htm#ecr. It information in an application form to be appropriate balance among interests is expected that the ECR Participation submitted by entities and organizations involved in the processes. Program will be open for applications for the purpose of documenting the • To support the ability of all affected through March, 31, 2004, roughly two need for U.S. Institute support, both parties to participate effectively in ECR years from approval of the information technical and financial, for specific processes. collection request. conflict resolution projects. Through the The U.S. Institute conducted an Environmental Conflict Resolution assessment of the need for support to ICR Process (ECR) Participation Program, the U.S. foster participation by all essential The first Federal Register notice was Institute will help provide neutral parties in ECR efforts early in 2001. The published on July 24, 2001, (66 (142): facilitation and convening services, and U.S. Institute consulted with 38434–38440). No formal written related participation support, for representatives of constituencies who comments were received. However, initiation of agreement-focused would be potential users of this program several organizations wrote to the U.S. environmental conflict resolution to ascertain their views of the need for Institute indicating an interest in the processes. State and local governments ECR participation support. program, and asking to be notified when and agencies, tribes, and non- Representatives of environmental the program begins accepting funding governmental organizations, may apply groups, natural resource users, tribes, applications. for support when needed to create local and state governments, and ECR E. Burden Statement balanced stakeholder involvement practitioners provided information processes involving federal agencies or about the specific needs for such a fund The annual public reporting and interests. and about criteria for eligibility. record keeping burden for this Responses to the collection of The consultative contacts identified collection of information is estimated to information (the application) are the following needs for participation average eight hours per response. As voluntary, but are required to obtain a support. used here, burden means the total time, benefit (financial or technical support • Many opportunities exist to build effort, or financial resources expended from the U.S. Institute.) The U.S. consensus on environmental and by persons to generate, maintain, retain, Institute may not conduct or sponsor, natural resource issues, but the parties or disclose or provide information to or and a person is not required to respond are often unable to do so without for a Federal agency. This includes the to, a collection of information unless it neutral, third party assistance. time needed to review instructions; displays a currently valid OMB control • State, local, non-governmental, and develop, acquire, install, and utilize number. tribal entities often lack the technical technology and systems for the purpose Background Information: U.S. and financial resources to obtain neutral of collecting, validating, and verifying Institute for Environmental Conflict feasibility assessments, ECR process information, processing and Resolution. The U.S. Institute for design and facilitation. maintaining information, and disclosing Environmental Conflict Resolution was • Third party assistance is often and providing information and created in 1998 by the Environmental required to ensure balanced transmitting information. Policy and Conflict Resolution Act (P.L. representation, or a level playing field, The Application Form will be 105–156). The U.S. Institute is located for non-governmental, state and local available both in hard copy and through in Tucson, Arizona and is part of the groups, and others who are not paid to the U.S. Institute’s web site. It is a two- Morris K. Udall Foundation, an participate in environmental page list of questions about the independent agency of the executive negotiations and collaborative proposed ECR effort and the activities branch of the federal government. The processes. that require support. The application U.S. Institute’s primary purpose is to • There is also a need to provide includes suggested budget formats, and provide impartial, non-partisan training in interest-based negotiations is designed to allow applicants to attach assistance to parties in conflicts for those working to overcome serious existing documents and, where possible, involving environmental, natural differences on environmental and reduce the time required for completion resources, and public lands issues natural resource issues. of the application. An application can involving a federal interest. The U.S. • A participation support program be submitted electronically, through e- Institute provides assistance in seeking should be easy to use and accessible to mail, and/or in hard copy via fax or agreement or resolving disputes through all types of applicants involved in ECR mail. The required quarterly progress use of mediation and other processes, but particularly to groups and report form is also included in the collaborative, non-adversarial means. situations that would be less likely than application form attached to this The Need for and Proposed Use of the others to succeed without it. submittal. Information Collected in the The Burden calculation includes time Application for the ECR Participation Draft Guideline and Sample Application for applicants to complete the Program: The ECR Participation Form application form and the time required Program is designed to achieve several The U.S. Institute has developed for the submittal of quarterly reports. It objectives, consistent with the U.S. guidelines and an application form to assumes a pool of 15 applicants per
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year, and assumes that 10 of the NATIONAL SCIENCE FOUNDATION ‘‘provide’’ a central clearinghouse for applications will be approved. Quarterly the collection, interpretation, and reports would be required only for those Notice of Intent To Seek Approval To analysis of data on the availability of, ten funded projects. It further assumes Extend and Revise a Current and the current and projected need for, an average of four quarterly project Information Collection scientific and technical resources in the reports per project. AGENCY: National Science Foundation. United States, and to provide a source of information for policy formulation by Respondent Pool: State agency staff, ACTION: Notice and request for other agencies of the Federal local government staff, non- comments. government’’ as mandated in the governmental organizations, tribal SUMMARY: The National Science National Science Foundation Act of governments, and natural resource user 1950. group association staff or members. Foundation (NSF) is announcing plans to request renewal of this collection. In The proposed project will continue Estimated Number of Respondents accordance with the requirement of the current survey cycle for three to five (per year): 15. section 3505(c)(2)(A) of the Paperwork years. The annual Fall surveys for 2002 Proposed Frequency of Response: One Reduction Act of 1995 (Pub. L. 104–13), through 2006 will survey the universe of response per application, plus up to we are providing opportunity for public approximately 725 reporting units at four quarterly progress reports per year. comment on this action. After obtaining approximately 600 institutions offering and considering public comment, NSF Respondent Time Burden Estimates: accredited graduate programs in will prepare the submission requesting science, engineering, or health. The Time per Response for Initial that OMB approve clearance of this survey has provided continuity of Application: Eight hours. collection for no longer than 3 years. statistics on graduate school enrollment Time per Responder for Quarterly DATES: Written comments on this notice and support for graduate students in all Reports: 4 hours per year (1 hour per must be received by April 1, 2002, to be science & engineering (S&E) and health report). assured of consideration. Comments fields, with separate data requested on demographic characteristics (race/ Total Burden Per Year for received after that date will be ethnicity and gender by full-time and Applications: 120 hours for 15 considered to the extent practicable. For Additional Information or part-time enrollment status). Statistics applicants. Comments: Contact Suzanne H. from the survey are published in NSF’s Total Burden Per Year for Quarterly Plimpton, Reports Clearance Officer, annual publication series Graduate Reports: 40 hours for ten projects. National Science Foundation, 4201 Students and Postdoctorates in Science Respondent Cost Burden Estimates Wilson Boulevard, Suite 295, Arlington, and Engineering, in NSF publication (managerial level salary at $55 per Virginia 22230; telephone 703—292— Science and Engineering Indicators, hour): 7556; or send email to Women, Minorities, and Persons with [email protected]. Individuals who use Disability in Science and Engineering, Capital or start-up costs ...... $0 a telecommunications device for the and are available electronically on the Cost per Respondent per applica- tion ...... 440 deaf (TDD) may call the Federal World Wide Web. Cost per Project for Quarterly Re- Information Relay Service (FIRS) at 1– The survey will be sent primarily to ports ...... 220 800–877–8339 between 8 a.m. and 8 the administrators at the Institutional Total Annual Cost Burden for p.m., Eastern time, Monday through Research Offices. To minimize burden, 15 Applications ...... 6,600 Friday. You also may obtain a copy of NSF instituted a Web-based survey in Total Annual Cost Burden for the date collection instrument and 1998 through which institutions can Quarterly Reports ...... 2,200 instructions from Ms. Plimpton. enter data directly or upload SUPPLEMENTARY INFORMATION: preformatted files. The Web-based Total Annual Cost Burden ..... 8,800 Title of Collection: Survey of Graduate survey includes a complete program for Students and Postdoctorates in Science editing and trend checking and allows Total Cost Burden, Two Years 17,600 and Engineering. institutions to receive their previous OMB Approval Number: 3145–0062. year’s data for comparison. Respondents Send comments on the Agency’s need Expiration Date of Approval: for this information, the accuracy of the will be encouraged to participate in this September 30, 2002. Web-based survey should they so wish. provided burden estimates, and any Type of Request: Intent to seek Traditional paper questionnaires will suggested methods for minimizing approval to extend with revision an also be available, with editing and trend respondent burden, including through information collection for three years. checking performed as part of the use of automated collection techniques Proposed Project: Graduate students survey processing. Overall burden is to the addresses listed above. Please in science, engineering, and health expected to be reduced from 2002 to refer to ECR Participation Program in fields in U.S. colleges and universities, 2004 due to expanded use by any correspondence. by source and mechanism of support institutions of the Web-based data and by demographic characteristics. An (Authority: 20 USC Sec. 5601–5609). collection system. electronic/mail survey, the Survey of Dated the 25th day of January 2002. Graduate Students and Postdoctorates in In Fall 2000, the survey achieved a Christopher L. Helms, Science and Engineering originated in total response rate of 99.4 percent for Executive Director, Morris K. Udall 1966 and has been conducted annually institutions and 99.0 percent for Foundation. since 1972. The survey is the academic departments. [FR Doc. 02–2317 Filed 1–30–02; 8:45 am] graduate enrollment component of the Estimate of Burden: Burden estimates BILLING CODE 6820–FN–P NSF statistical program that seeks to are as follows:
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Total number of institutions Department Burden hours
FY 1998 ...... 722 11,718 1.83 FY 1999 ...... 720 11,833 2.53 FY 2000 ...... 717 11,899 2.42
Respondents: Individuals. Environmental Assessment that the proposed exemption does not involve radioactive wastes, release of Estimated Number of Responses: Identification of the Proposed Action 11,899 (from the 2000 collection). radioactive material into the Estimated Total Annual Burden on The proposed action would amend an atmosphere, solid radioactive waste, or Respondents: 28,796 hours (from the existing exemption concerning certain liquid effluents released to the 2000 collection). requirements of Section III.G of environment. Frequency of Responses: Annually. Appendix R, ‘‘Fire Protection Program The Davis-Besse Nuclear Power Comments: Comments are invited on for Nuclear Power Facilities Operating Station systems were evaluated in the (a) whether the proposed collection of Prior to January 1, 1979.’’ Specifically, Final Environmental Statement (FES) information is necessary for the proper this amendment to the existing dated October 1975 (NUREG 75/097). performance of the functions of the exemption applies to requirements for The proposed exemption will not Agency, including whether the the DBNPS Component Cooling Water involve any change in the waste information shall have practical utility; (CCW) Heat Exchanger and Pump Room treatment systems described in the FES. (b) the accuracy of the Agency’s (Room 328). The proposed action will not The proposed action is in accordance estimate of the burden of the proposed significantly increase the probability or with the licensee’s application dated collection of information; (c) ways to consequences of accidents, no changes December 21, 2000. enhance the quality, utility, and clarity are being made in the types of effluents of the information on respondents; and The Need for the Proposed Action that may be released off site, and there (d) ways to minimize the burden of the is no significant increase in The proposed action is needed occupational or public radiation collection of information on those who because an underlying basis for the are to respond, including through the exposure. Therefore, there are no existing exemption, namely, the use of significant radiological environmental use of appropriate automated, fire protection wrap for certain electronic, mechanical, or other impacts associated with the proposed equipment, is no longer necessary due action. technological collection techniques or to plant modifications. Section III.G of other forms of information technology. With regard to potential non- Appendix R requires, in part, 20 feet of radiological impacts, the proposed Dated: January 28, 2002. separation between redundant trains of action does not have a potential to affect Suzanne H. Plimpton, systems necessary for hot shutdown in any historic sites. It does not affect non- Reports Clearance Officer, National Science the same fire area, with no intervening radiological plant effluents and has no Foundation. combustibles. Contrary to this other environmental impact. Therefore, [FR Doc. 02–2416 Filed 1–30–02; 8:45 am] requirement, all three CCW pumps for there are no significant non-radiological BILLING CODE 7555–01–M the DBNPS are located at one end of environmental impacts associated with Room 328, and although the redundant the proposed action. CCW pumps are more than 20 feet apart, Accordingly, the NRC concludes that the third pump, a ‘‘swing’’ component, there are no significant environmental NUCLEAR REGULATORY is located between the redundant impacts associated with the proposed COMMISSION pumps. The centerline of the swing action. pump is approximately 11 feet from the Environmental Impacts of the [Docket NO. 50–346] centerline of each of the other two pumps. Only one CCW pump is needed Alternatives to the Proposed Action Firstenergy Nuclear Operating for safe shutdown. In order to maintain As an alternative to the proposed Company, Davis-Besse Nuclear Power the remainder of the room in action, the staff considered denial of the Station, Unit 1; Environmental compliance with Appendix R proposed action (i.e., the ‘‘no-action’’ Assessment and Finding of No requirements, certain electrical conduits alternative). Denial of the application Significant Impact and valves in Room 328 associated with would result in no change in current the CCW system were, at the time of the environmental impacts. The The U.S. Nuclear Regulatory request for the existing exemption, environmental impacts of the proposed Commission (NRC) is considering protected against fire to ensure that a action and the alternative action are issuance of an amendment to an existing fire would not lead to the inoperability similar. exemption from title 10 of the Code of of both CCW pumps. Since the issuance Federal Regulations (10 CFR) part 50, of the existing exemption, the necessity Alternative Use of Resources section III.G, appendix R, for Facility of protecting these conduits and valves The action does not involve the use of Operating License No. NPF–3, issued to from fire has evolved to the point where any different resource than those FirstEnergy Nuclear Operating Company their fire protection wrapping is no previously considered in the Final (the licensee), for operation of the Davis- longer required in order to ensure safe Environmental Statement for the Besse Nuclear Power Station (DBNPS), shutdown. DBNPS, dated October 1975. Unit 1, located in Ottawa County, Ohio. Therefore, as required by 10 CFR 51.21, Environmental Impacts of the Proposed Agencies and Persons Consulted the NRC is issuing this environmental Action In accordance with its stated policy, assessment and finding of no significant The NRC has completed its evaluation on January 16, 2002, the NRC staff impact. of the proposed action and concludes consulted with Ohio State official, C.
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O’Claire, Chief, Radiological Branch, issues and facts, and to formulate ACTION: Notice of availability and Ohio Emergency Management Agency, proposed positions and actions, as request for public comment. regarding the environmental impact of appropriate, for deliberation by the full the proposed action. The state official Committee. SUMMARY: The Nuclear Regulatory had no comments. Oral statements may be presented by Commission’s (NRC) Office of Nuclear Material Safety and Safeguards (NMSS) Finding of No Significant Impact members of the public with the concurrence of the Subcommittee is announcing the availability of a draft On the basis of the environmental Chairman; written statements will be document ‘‘Consolidated NMSS assessment, the NRC concludes that the accepted and made available to the Decommissioning Guidance: proposed action will not have a Committee. Electronic recordings will Decommissioning Process’’ (NUREG– significant effect on the quality of the be permitted only during those portions 1757, Vol. 1), for public comment. This human environment. Accordingly, the of the meeting that are open to the document provides guidance for the NRC has determined not to prepare an public, and questions may be asked only planning and implementation of the environmental impact statement for the by members of the Subcommittee, its termination of licenses issued through proposed action. consultants, and staff. Persons desiring NMSS’s licensing programs. The For further details with respect to the to make oral statements should notify guidance is intended for NRC staff, proposed action, see the licensee’s letter the Designated Federal Official named licensees, and the public and is being dated December 21, 2000. Documents below five days prior to the meeting, if developed in response to the NMSS may be examined, and/or copied for a possible, so that appropriate performance goals, in the NRC’s fee, at the NRC’s Public Document arrangements can be made. Strategic Plan, of: Making NRC activities Room (PDR), located at One White Flint During the initial portion of the and decisions more effective, efficient, North, 11555 Rockville Pike (first floor), meeting, the Subcommittee, along with and realistic; and reducing unnecessary Rockville, Maryland. Publicly available any of its consultants who may be regulatory burden on stakeholders. NRC records will be accessible electronically present, may exchange preliminary is seeking public comment in order to from the ADAMS Public Library views regarding matters to be receive feedback from the widest range component on the NRC Web site, http:/ considered during the balance of the of interested parties and to ensure that /www.nrc.gov (the Public Electronic meeting. all information relevant to developing Reading Room). Persons who do not The Subcommittee will then hear the document is available to the NRC have access to ADAMS or who presentations by and hold discussions staff. This draft document is being encounter problems in accessing the with representatives of the NRC staff issued for comment only and is not documents located in ADAMS, should and other interested persons regarding intended for interim use. The NRC will contact the NRC PDR Reference staff by this review. review public comments received on the telephone at 1–800–397–4209, or 301– Further information regarding topics draft document. Suggested changes will 415–4737, or by e-mail at [email protected]. to be discussed, whether the meeting be incorporated, where appropriate, in Dated at Rockville, Maryland, this 25th day has been canceled or rescheduled, and response to those comments, and a final of January 2002. the Chairman’s ruling on requests for document will be issued for use. For the Nuclear Regulatory Commission. the opportunity to present oral DATES: Comments on this draft Anthony J. Mendiola, statements and the time allotted document should be submitted by May Chief, Section 2, Project Directorate III, therefor, can be obtained by contacting 1, 2002. Comments received after that Division of Licensing Project Management, the Designated Federal Official, Mr. date will be considered to the extent Office of Nuclear Reactor Regulation. Noel F. Dudley (telephone 301/415– practicable. [FR Doc. 02–2375 Filed 1–30–02; 8:45 am] 6888) between 7:30 a.m. and 4:15 p.m. ADDRESSES BILLING CODE 7590–01–P (EST). Persons planning to attend this : NUREG–1757 is available meeting are urged to contact the above for inspection and copying for a fee at named individual one or two working the Commission’s Public Document NUCLEAR REGULATORY days prior to the meeting to be advised Room, U.S. NRC’s Headquarters COMMISSION of any potential changes to the agenda, Building, 11555 Rockville Pike (First etc., that may have occurred. Floor), Rockville, Maryland, and Advisory Committee on Reactor electronically from the ADAMS Safeguards; Meeting of the Dated: January 24, 2002. Electronic Reading Room on the NRC Subcommittee on Plant License Sam Duraiswamy, Web site at, Renewal; Notice of Meeting Acting Associate Director for Technical http://www.nrc.gov/reading-rm/ Support, ACRS/ACNW. adams.html. NUREG–1757 is also The ACRS Subcommittee on Plant [FR Doc. 02–2374 Filed 1–30–02; 8:45 am] License Renewal will hold a meeting on available on the NRC web site at: BILLING CODE 7590–01–P March 13, 2002, City Hall, 404 West http://www.nrc.gov/reading-rm/doc- Palm Drive, Florida City, Florida. collections/nuregs/staff or http:// The entire meeting will be open to www.nrc.gov/materials/ NUCLEAR REGULATORY decommissioning/regs-guides- public attendance. COMMISSION The agenda for the subject meeting comm.html. shall be as follows: Wednesday, March Updated and Consolidated A free single copy of NUREG–1757 13, 2002—1:30 p.m. until the conclusion Decommissioning Policy and will be available to interested parties of business. Guidance of the Nuclear Regulatory until the supply is exhausted. Such The Subcommittee will review the Commission’s Office of Nuclear copies may be requested by writing to NRC staff’s final Safety Evaluation Material Safety and Safeguards; Notice the U.S. Nuclear Regulatory Report related to the license renewal of of Availability Commission, Distribution Services, Turkey Point Nuclear Power Plant Units Washington, DC 20555–0001 or 3 and 4. The purpose of this meeting is AGENCY: Nuclear Regulatory submitting e-mail to to gather information, analyze relevant Commission. [email protected].
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Members of the public are invited and decommissioning guidance. When final, For the Nuclear Regulatory Commission. encouraged to submit written comments it is intended for use by applicants, Larry W. Camper, to: Jack D. Parrott, Project Scientist, licensees, NRC license reviewers, and Chief, Decommissioning Branch, Division of Office of Nuclear Material Safety and other NRC personnel. This document Waste Management, Office of Nuclear Safeguards, Mail Stop T–7F27, U.S. updates and builds upon the risk- Material Safety and Safeguards. Nuclear Regulatory Commission, informed approach in, and in whole or [FR Doc. 02–2376 Filed 1–30–02; 8:45 am] Washington, DC 20555–0001. Hand- in part incorporates the NMSS BILLING CODE 7590–01–P deliver comments to: 11555 Rockville Decommissioning Handbook (NUREG/ Pike, Rockville, MD, between 7:30 a.m. BR–0241, ‘‘NMSS Handbook for and 4:15 p.m., Federal workdays. Decommissioning Fuel Cycle and SECURITIES AND EXCHANGE Comments may also be sent Materials Facilities,’’ March 1997). This COMMISSION electronically to draft NUREG also incorporates the parts [email protected]. Copies of of the ‘‘NMSS Decommissioning [Release No. IC–25401] comments received may be examined at Standard Review Plan,’’ NUREG–1727, the ADAMS Electronic Reading Room September 2000, that provide guidance Notice of Applications for on the NRC Web site, and the NRC for developing those parts of a Deregistration Under Section 8(f) of the Public Document Room, 11555 decommissioning plan addressing Investment Company Act of 1940 Rockville Pike, Room O–1F21, general site description and current January 25, 2002. Rockville, MD 20852. The NRC Public radiological conditions; The following is a notice of Document Room is open from 7:45 a.m. decommissioning activities, applications for deregistration under to 4:15 p.m., Monday through Friday, management, and quality assurance; and section 8(f) of the Investment Company except on Federal holidays. modifications to decommissioning Act of 1940 for the month of January, FOR FURTHER INFORMATION CONTACT: Jack programs and procedures. 2002. A copy of each application may be D. Parrott, Mail Stop T–7F27, U.S. The policies and procedures obtained for a fee at the SEC’s Public Nuclear Regulatory Commission, discussed in draft NUREG–1757, Reference Branch, 450 Fifth St., NW, Washington, DC 20555–0001. Volume 1, will be used by NRC staff Washington, DC 20549–0102 (tel. 202– Telephone: (301) 415–6700; Internet: overseeing the decommissioning 942–8090). An order granting each [email protected]. program at licensed fuel cycle, fuel application will be issued unless the SUPPLEMENTARY INFORMATION: As part of storage, and materials sites to evaluate SEC orders a hearing. Interested persons its redesign of the materials license a licensee’s decommissioning actions. may request a hearing on any program, the NRC’s Office of Nuclear This draft NUREG also describes, and application by writing to the SEC’s Material Safety and Safeguards (NMSS) make available to the public, methods Secretary at the address below and is consolidating and updating numerous acceptable to the NRC staff in serving the relevant applicant with a decommissioning guidance documents implementing specific parts of the copy of the request, personally or by into a three-volume NUREG. The three Commission’s regulations, to delineate mail. Hearing requests should be volumes are as follows: (1) The General techniques and criteria used by the staff received by the SEC by 5:30 p.m. on Materials Decommissioning Process; (2) in evaluating decommissioning actions, February 19, 2002, and should be Characterization, Survey, and and to provide guidance to licensees accompanied by proof of service on the Determination of Radiological Criteria; responsible for decommissioning NRC- applicant, in the form of an affidavit or, and (3) Financial Assurance, licensed sites. This NUREG will not for lawyers, a certificate of service. Recordkeeping, and Timeliness. Volume substitute for regulations, and Hearing requests should state the nature 1 of this NUREG series, entitled compliance with it will not be required. of the writer’s interest, the reason for the ‘‘Consolidated NMSS Decommissioning Methods and solutions different from request, and the issues contested. Guidance: Decommissioning Process,’’ those in this NUREG will be acceptable, Persons who wish to be notified of a is the first of these three volumes and if they provide a basis for concluding hearing may request notification by is intended for use by licensees and that the decommissioning actions are in writing to the Secretary, SEC, 450 Fifth NRC staff. compliance with the Commission’s Street, NW, Washington, DC 20549– The approaches to license termination regulations. Other NRC licensees, e.g. 0609. For Further Information Contact: described in this NUREG will help to nuclear reactors or uranium recovery Diane L. Titus, at (202) 942–0564, SEC, identify the information (subject matter facilities, may find this information Division of Investment Management, and level of detail) needed to terminate useful, but they are not the subject of Office of Investment Company a license by considering the specific this NUREG. Regulation, 450 Fifth Street, NW, circumstances of the wide range of Further information on the overall Washington, DC 20549–0506. radioactive materials users licensed by decommissioning guidance PaineWebber Mutual Fund Trust [File NRC. This guidance takes a risk- consolidation and updating project can No. 811–4312] informed, performance-based approach be found in the Federal Register Notice to the information needed to support an publishing the plan for the project (66 Summary: Applicant seeks an order application for the termination of a FR 21793). declaring that it has ceased to be an materials license. When published as a Commentors are encouraged to submit investment company. On February 23, final report, this guidance should be their written comments to the addresses 2001, applicant’s series, PaineWebber used by licensees in preparing license listed above. To ensure efficient and National Tax-Free Income Fund, amendment requests. NRC staff will use complete comment resolution, transferred its assets to PACE Municipal the final guidance in reviewing these commentors are requested to reference Fixed Income Investments, a series of amendment requests. the page number and the line number of PACE Select Advisors Trust, based on Draft NUREG–1757, Volume 1, the document to which the comment net asset value. On March 9, 2001, ‘‘Consolidated NMSS Decommissioning applies if possible. applicant’s remaining series, Guidance: Decommissioning Process,’’ Dated at Rockville, MD, this 23rd day of PaineWebber California Tax-Free is the first of three volumes on January, 2002. Income Fund, transferred its assets to
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MFS California Municipal Bond Fund, a incurred in connection with the Advisors, Inc., investment adviser to series of MFS Municipal Series Trust, reorganizations. each applicant. based on net asset value. Expenses of Filing Date: The applications were Filing Dates: The applications were $214,588 incurred in connection with filed on December 4, 2001. Fifth Third/ filed on December 19, 2001, except Maxus Income Fund filed an amended the reorganization were paid by Brinson PaineWebber Investment Trust II, which application on December 10, 2001. Advisors, Inc., applicant’s investment was filed on December 21, 2001. adviser. Applicants’ Address: 1404 East Ninth Filing Date: The application was filed St., Fifth Floor, Cleveland, OH 44114. Applicants’ Address: 51 West 52nd St., New York, NY 10019–6114. on January 7, 2002. Arrow Funds [File No. 811–7041] Applicant’s Address: 51 West 52nd Nationwide Asset Allocation Trust [File St., New York, NY 10019–6114. Summary: Applicant seeks an order declaring that it has ceased to be an No. 811–7805] PaineWebber Municipal Series [File No. investment company. On November 14, 811–5014] Summary: Applicant seeks an order 1997, applicant transferred its assets to declaring that it has ceased to be an The Arch Funds, Inc., based on net asset Summary: Applicant seeks an order investment company. On July 20, 2001, value. Expenses of approximately declaring that it has ceased to be an applicant made a liquidating $20,000 incurred in connection with the investment company. On March 9, 2001, distribution to its shareholders based on reorganization were paid by applicant applicant transferred its assets to MFS net asset value. Expenses of $2,901 and the acquiring fund. Municipal Bond Fund, a series of MFS incurred in connection with the Municipal Series Trust, and MFS Filing Date: The application was filed on January 2, 2002. liquidation were paid by Villanova SA Municipal High Income Fund, a series Capital Trust, applicant’s investment of MFS Series Trust III, based on net Applicant’s Address: 1001 Liberty adviser. asset value. Expenses of $82,287 Ave., Pittsburgh, PA 15222. incurred in connection with the COUNTRY Growth Fund, Inc. [File No. Filing Date: The application was filed reorganization were paid by Brinson 811–1338] on December 11, 2001. Advisors, Inc., applicant’s investment Applicant’s Address: Three adviser. COUNTRY Tax Exempt Bond Fund, Inc. [File No. 811–2840] Nationwide Plaza, Columbus, OH Filing Date: The application was filed 43215. on January 7, 2002. COUNTRY Taxable Fixed Income Applicant’s Address: 51 West 52nd Series Fund, Inc. [File No. 811–3186] Bonfiglio & Reed Options Fund [File No. 811–9905] Street, New York, NY 10019–6114. Summary: Each applicant seeks an MaxFund Trust [File No. 811–8499] order declaring that it has ceased to be Summary: Applicant seeks an order an investment company. On October 31, declaring that it has ceased to be an Summary: Applicant seeks an order 2001, each applicant transferred its declaring that it has ceased to be an investment company. On January 29, assets to COUNTRY Mutual Funds Trust 2001, applicant made a final liquidating investment company. On August 13, based on net asset value. Expenses of 2001, one of applicant’s portfolios, Fifth distribution to its shareholders based on $26,261, $9,481 and $7,810, net asset value. Expenses of $50 Third/Maxus Aggressive Value Fund, respectively, incurred in connection transferred its assets to Fifth Third incurred in connection with the with the reorganizations were paid by liquidation were paid by Bonfiglio & Microcap Value Fund, a portfolio of COUNTRY Trust Bank, investment Fifth Third Funds, based on net asset Reed LLC, applicant’s investment adviser to each applicant. adviser. value. On October 1, 2001, applicant’s Filing Date: The applications were remaining portfolio, Fifth Third/Maxus filed on December 21, 2001. Filing Dates: The application was Ohio Heartland Fund made a Applicants’ Address: 808 IAA Dr., filed on September 26, 2001, and liquidating distribution to its Bloomington, IL 61702–2901. amended on January 7, 2002. shareholders based on net asset value. Applicant’s Address: P.O.Box 2256, Applicant incurred no expenses in PaineWebber America Fund [File No. Tempe, AZ 82580–2256. connection with either the 811–3502] reorganization or liquidation. PaineWebber Olympus Fund [File No. Credit Suisse Asset Management Filing Date: The application was filed 811–4180] Strategic Global Income Fund, Inc. [File on December 4, 2001. No. 811–5458] Applicant’s Address: 1404 East Ninth PaineWebber Managed Assets Trust St., Fifth Floor, Cleveland, OH 44114. [File No. 811–6376] Summary: Applicant, a closed-end PaineWebber Securities Trust [File No. investment company, seeks an order Fifth Third/Maxus Income Fund [File 811–7473] declaring that it has ceased to be an No. 811–4144] PaineWebber Investment Trust II [File investment company. On May 14, 2001, Fifth Third/Maxus Equity Fund [File No. 811–7104] applicant transferred its assets to Credit No. 811–5865] Suisse Asset Management Income Fund, Summary: Each applicant seeks an Inc. based on net asset value. Expenses Fifth Third/Maxus Laureate Fund [File order declaring that it has ceased to be No. 811–7516] of $694,820 incurred in connection with an investment company. By February the reorganization were shared equally Summary: Each applicant seeks an 23, 2001, each applicant had transferred between applicant and the acquiring order declaring that it has ceased to be its assets to a corresponding series of fund. an investment company. By October 23, PaineWebber PACE Select Advisors 2001, each applicant transferred its Trust based on net asset value. Expenses Filing Dates: The application was assets to a portfolio of Fifth Third of $243,347, $171,183, $130,421, filed on June 22, 2001, and amended on Funds, based on net asset value. Fifth $253,868 and $90,272, respectively, December 28, 2001. Third Bank, an affiliate of applicants’ incurred in connection with the Applicant’s Address: 466 Lexington investment adviser, paid all expenses reorganizations were paid by Brinson Ave., 16th Floor, New York, NY 10017.
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For the Commission, by the Division of Commentary...... of its off-board equity trading Investment Management, pursuant to restrictions by filing with the delegated authority. For each transaction executed by a member organization or affiliated Commission to rescind NYSE Rule 390. J. Lynn Taylor, person pursuant to paragraph (b), a Amex and the other national securities Assistant Secretary. record of such transaction shall be exchanges then filed proposed rule [FR Doc. 02–2372 Filed 1–30–02; 8:45 am] maintained by the member or member changes with the Commission to BILLING CODE 8010–01–P organization and shall be available for eliminate off-board trading restrictions inspection by the Exchange for a period by their members. The Commission of three years. Such record shall include approved these proposals to eliminate SECURITIES AND EXCHANGE the circumstances under which the off-board trading restrictions. However, COMMISSION transaction was executed in conformity as indicated in Rule 19c–3(a) of the Act, with this rule. off-board trading restrictions by [Release No. 34–45334; File No. SR–Amex– members of the national securities 2001–111] II. Self-Regulatory Organization’s exchanges may still apply to options Statement of the Purpose of, and contracts issued by the Options Clearing Self-Regulatory Organizations; Notice Statutory Basis for, the Proposed Rule Corporation (‘‘OCC’’). Therefore, of Filing and Immediate Effectiveness Change because listed options issued and of Proposed Rule Change by the In its filing with the Commission, the cleared by OCC are required to be American Stock Exchange LLC Exchange included statements transacted on an Exchange,7 the Regarding Off-Exchange Trading in concerning the purpose of and basis for elimination of Exchange Rule 959(b) to Exchange Listed Options the proposed rule change and discussed allow limited over-the-counter January 25, 2002. any comments it received on the transaction in the market by members proposed rule change. The text of these Pursuant to section 19(b)(1) of the was not proper. Exchange Rule 959(b) statements may be examined at the Securities Exchange Act of 1934 will allow members to effect places specified in Item IV below. The (‘‘Act’’),1 and Rule 19b–4 2 thereunder, transactions in options contracts as Exchange has prepared summaries, set notice is hereby given that on December principals in the over-the-counter forth in sections A, B, and C below, of 26, 2001, the American Stock Exchange market for a premium not in excess of the most significant aspects of such LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with $1.00 per contract. The Commentary to statements. the Securities and Exchange Exchange Rule 959 will require that for Commission (‘‘Commission’’) the A. Self-Regulatory Organization’s each over-the-counter transaction, the proposed rule change as described in Statement of the Purpose of, and member, member organization, or Items I, II, and III below, which Items Statutory Basis for, the Proposed Rule affiliated person, maintain a record of have been prepared by the Exchange. Change such transaction and keep such records available for Exchange inspection for The Commission is publishing this (1) Purpose notice to solicit comments on the three years. Other options exchanges, such as the proposed rule change from interested On February 1, 2000, the Exchange Chicago Board Options Exchange, Inc. persons. filed with the Commission pursuant to Rule 19b–4 of the Act,3 a proposed rule (‘‘CBOE’’), the Pacific Stock Exchange, I. Self-Regulatory Organization’s change to rescind its off-board trading Inc. (‘‘PCX’’) and the Philadelphia Stock Statement of the Terms of Substance of rules (Exchange Rules 5 and 6) and to Exchange, Inc. (‘‘Phlx’’) permit the Proposed Rule Change make conforming changes to Rules 25, transactions in the over-the-counter 8 The Exchange proposes to amend 317, 900 and 959.4 The Commission market under the same restrictions. At Exchange Rule 959 to reinstate text subsequently approved the proposed the time when off-board trading inadvertently deleted that allows certain rule change on June 1, 2000.5 According restrictions for equity securities were trading in Exchange listed options to the Exchange, rather than simply lifted in June 2000, the other options contracts to occur off the Exchange. deleting the reference to Exchange Rule exchanges did not similarly revise their The text of the proposed rule change 5 in paragraph (b) of Rule 959, rules to delete reference to over-the- appears below. New text is in italics; paragraph (b) was inadvertently deleted counter transactions. deletions are in brackets. in its entirety. Exchange Rule 959(b) (2) Statutory Basis concerned the ability of Exchange Rule 959. Accommodation Transactions members to effect transactions in the The Exchange believes that the over-the-counter market in options. The proposed rule change is consistent with (a) No Change. 9 (b) Any member, member provision required that options section 6(b) of the Act in general and premiums not exceed $1.00 per contract furthers the objectives of Section organization or other person who is a 10 non-member broker or dealer and who for any class of options listed on the 6(b)(5) in particular in that it is directly or indirectly controls, is Exchange. designed to prevent fraudulent and controlled by, or is under common Rule 19c–3(a) of the Act 6 prohibits a manipulative acts and practices, to control with, a member, member national securities exchange from promote just and equitable principles of organization (any such other person imposing off-board trading restrictions trade, to foster cooperation and referred to as an affiliated person) may on equity securities listed after April 26, coordination with persons engaged in effect any transaction as principal in the 1979. In 2000, the New York Stock facilitating transactions in securities, to over-the-counter market in any class of Exchange Inc. proposed the elimination remove impediments to and perfect the option contracts listed on the Exchange mechanism of a free and open market for a premium not in excess of $1.00 per 3 17 CFR 240.19b–4. 4 See Securities Exchange Act Release No. 42460 7 See OCC By-Laws Article VI Section 1. contract. (February 25, 2000), 65 FR 11618 (March 3, 2000). 8 See CBOE Rule 6.49, PCX Rule 6.78, and Phlx 5 Securities Exchange Act Release No. 42888 Rule 1059. 1 15 U.S.C. 78s(b)(1). (June 1, 2000), 65 FR 36855 (June 12, 2000). 9 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 6 17 CFR 240.19c(3)(a). 10 15 U.S.C. 78f(b)(5).
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and a national market system, to protect submissions should refer to File No. similar cross-margining arrangement investors and the public interest, and is SR–Amex–2001–111 and should be with the Board of Trade Clearing not designed to permit unfair submitted by February 21, 2002. Corporation.6 discrimination between customers, For the Commission, by the Division of This development is significant issuers, brokers and dealers. Market Regulation, pursuant to delegated because the Chicago Board of Trade, for 13 which BOTCC clears, is by far the B. Self-Regulatory Organization’s authority. Margaret H. McFarland, largest Treasury futures exchange Statement on Burden on Competition market, and certain of its products, such Deputy Secretary. The Exchange believes that the as the 10-Year Note futures contract, proposed rule change will impose no [FR Doc. 02–2370 Filed 1–30–02; 8:45 am] which will be cross-margined with burden on competition. BILLING CODE 8010–01–P GSCC products, continue to experience growth in volume. Thus, establishing C. Self-Regulatory Organization’s the cross-margining program between Statement on Comments on the SECURITIES AND EXCHANGE GSCC and BOTCC has the potential to Proposed Rule Change Received From COMMISSION provide significant collateral savings to Members, Participants, or Others [Release No. 34–45335; File No. SR–GSCC– the industry in general and to GSCC’s No written comments were solicited 2001–03] and BOTCC’s common members in or received with respect to the proposed particular. From each clearing rule change. Self-Regulatory Organizations; organization’s perspective, the cross- Government Securities Clearing III. Date of Effectiveness of the margining program will provide Corporation; Order Approving important risk management benefits. Proposed Rule Change and Timing for Proposed Rule Change Relating to Commission Action These benefits include such things as Establishment of a Cross-Margining providing the clearing organizations The foregoing rule change has become Agreement With the Board of Trade with more information concerning effective pursuant to section Clearing Corporation members’ intermarket positions to 19(b)(3)(A)(iii) of the Act 11 and Rule January 25, 2002. enable the clearing organizations to 19b–4(f)(3) 12 thereunder because the make more accurate decisions regarding Exchange has designated it as concerned I. Introduction the true risk of the positions to the solely with the administration of the On April 4, 2001, the Government clearing organizations and encouraging Exchange. At any time within 60 days Securities Clearing Corporation coordinated liquidation processes for a of the filing of such proposed rule (‘‘GSCC’’) filed with the Securities and joint participant, or a participant and its change, the Commission may summarily Exchange Commission (‘‘Commission’’) affiliate, in the event of an insolvency.7 abrogate such rule change if it appears proposed rule change SR–GSCC–2001– A. GSCC’s Cross-Margining Program to the Commission that such action is 03 pursuant to section 19(b)(1) of the necessary or appropriate in the public Securities Exchange Act of 1934 GSCC believes that the most efficient interest, for the protection of investors, (‘‘Act’’).1 Notice of the proposal was and appropriate approach for or otherwise in furtherance of the published in the Federal Register on establishing cross-margining programs purposes of the Act. September 11, 2001.2 No comment for fixed-income and other interest rate products is to do so on a multilateral IV. Solicitation of Comments letters were received. For the reasons basis with GSCC as the ‘‘hub.’’ Each Interested persons are invited to discussed below, the Commission is approving the proposed rule change. clearing organization that participates in submit written data, views and a cross-margining program with GSCC, arguments concerning the foregoing, II. Description 3 such as NYCC, CME, and now BOTCC, including whether the proposed rule On August 19, 1999, the Commission (hereinafter ‘‘Participating CO’’) enters change is consistent with the Act. approved GSCC’s proposed rule filing to into a separate cross-margining Persons making written submissions establish a cross-margining program agreement between itself and GSCC. should file six copies thereof with the with other clearing organizations and to Each of the agreements will have similar Secretary, Securities and Exchange begin its program with the New York terms and no preference will be given Commission, 450 Fifth Street, NW., Clearing Corporation (‘‘NYCC’’).4 More by GSCC to one Participating CO over Washington, DC 20549–0609. Copies of recently, the Commission approved another. the submission, all subsequent GSCC’s proposed rule filing to establish Cross-margining is available to any amendments, all written statements a similar cross-margining program with GSCC netting member (with the with respect to the proposed rule the Chicago Mercantile Exchange exception of inter-dealer broker netting change that are filed with the (‘‘CME’’).5 GSCC is now establishing a Commission, and all written GSCC–00–13]. In addition to approving GSCC’s cross-margining program with the CME, the order communications relating to the 13 17 CFR 200.30–3(a)(12). granted approval to change GSCC Rule 22, Section proposed rule change between the 1 15 U.S.C. 78s(b)(1). 4, to clarify that before GSCC credits an insolvent Commission and any person, other than 2 Securities Exchange Act Release No. 44766 member for any profit realized on the liquidation those that may be withheld from the (September 5, 2001), 66 FR 47251. of the member’s final net settlement positions, public in accordance with the 3 The description of GSCC’s cross-margining GSCC will fulfill its obligations with respect to that provisions of 5 U.S.C. 552, will be program is drawn largely from representations member under cross-margining agreements. made by GSCC. 6 BOTCC is a Delaware corporation that acts as available for inspection and copying in 4 Securities Exchange Act Release No. 41766 the clearing organization for certain futures the Commission’s Public Reference (August 19, 1999), 64 FR 46737 (August 26, 1999) contracts and options on futures contracts that are Room. Copies of such filing will also be [File No. SR–GSCC–98–04]. The requisite rule traded on the Chicago Board of Trade and that are available for inspection and copying at changes necessary for GSCC to engage in cross- regulated by the Commodity Futures Trading the principal office of the Amex. All margining programs with other clearing Commission. organizations were made in the NYCC cross- 7 The GSCC–BOTCC cross-margining agreement margining rule filing. requires ownership of 50 percent or more of the 11 15 U.S.C. 78s(b)(3)(A)(iii). 5 Securities Exchange Act Release No. 44301 (May common stock of an entity to indicate control of the 12 17 CFR 240.19–4(f)(3). 11, 2001), 66 FR 28207 (May 22, 2001) [File No. SR– entity for purposes of the definition of ‘‘affiliate.’’
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members) that is, or that has an affiliate pair of offset classes, the positions are BOTCC.11 All eligible positions that is, a member of a Participating CO. equally correlated, GSCC will allocate maintained by a cross-margining Any such member (or pair of affiliated pro rata based upon the residual margin participant in its account at GSCC and members) may elect to have its margin amount available at each Participating in its (or its affiliate’s) proprietary requirements at both clearing CO. GSCC and each Participating CO account at BOTCC will be eligible for organizations calculated based upon the may then reduce the amount of cross-margining.12 Initially, as a net risk of its cash and repo positions at collateral that they collect to reflect the conservative measure, residual margin GSCC and of its offsetting and correlated offsets between the cross-margining amounts will be applied only within the positions in related contracts carried at participant’s positions at GSCC and its same offset class (e.g., the 2-Year Note the Participating CO. Cross-margining is (or its affiliate’s) positions at the against the 2-Year Note future). An intended to lower the cross-margining Participating CO.9 In the event of the appropriate disallowance factor13 based participant’s (or pair of affiliated default and liquidation of a cross- on correlation studies and a minimum members’) overall margin requirement. margining participant, the loss sharing margin factor14 will be applied.15 The GSCC member (and its affiliate, if between GSCC and each of the 3. Margin Rates: GSCC and BOTCC applicable) will sign an agreement Participating COs will be based upon currently use different margin rates to under which it (or they) agree to be the foregoing allocations and the cross- establish margin requirements for their bound by the cross-margining agreement margin reduction. respective products. Margin reductions between GSCC and the Participating CO in the GSCC–BOTCC cross-margining and which allows GSCC or the GSCC will guarantee the cross- arrangement will always be computed Participating CO to apply the member’s margining participant’s (or its affiliate’s) based on the lower of the applicable (or its affiliate’s) margin collateral to performance to each Participating CO margin rates. This methodology results satisfy any obligation of GSCC to the up to a specified maximum amount in a potentially lesser benefit to the Participating CO (or vice versa) that based on the loss sharing formula participant but ensures a more results from a default of the member (or contained in the Cross-Margining conservative result (i.e., more collateral its affiliate). Agreement. Each Participating CO will held at the clearing organization) for Margining based on the net combined provide the same guaranty to GSCC. The both GSCC and the Participating COs. risk of correlated positions is based on amount of the guarantee is the lowest of: 4. Daily Procedures: On each business an arrangement under which GSCC and (1) The cross-margin loss of the worse day, it is expected that BOTCC will each Participating CO agree to accept off party; (2) the higher of the cross- inform GSCC of the residual margin the correlated positions in lieu of margin reduction or the cross-margin amounts it is making available for cross- supporting collateral. Under this gain of the better off party; (3) the margining by approximately 11 p.m. arrangement, each clearing organization amount required to equalize the parties’ New York time. GSCC will inform holds and manages its own positions cross-margin results; or (4) the amount BOTCC by approximately 1 a.m. New and collateral and independently by which the cross-margining reduction York time how much of these residual determines the amount of margin that it exceeds the better off party’s cross- margin amounts it will use. Reductions will make available for cross-margining, margin loss if both parties have cross- as computed will be reflected in the referred to as the ‘‘residual margin margin losses. daily clearing fund calculation. amount.’’ B. Information Specific to the Current C. Benefits of Cross-Margining GSCC computes the amount by which Agreement Between GSCC and BOTCC the cross-margining participant’s margin GSCC believes that its cross- requirement can be reduced at each 1. Participation in the cross-margining margining program enhances the safety clearing organization by comparing the program: Any netting member of GSCC participant’s positions and the related 11 Non-mortgage backed agency securities will be other than an inter-dealer broker will be added at a later date. GCF Repo products will not margin requirements at GSCC as against eligible to participate.10 Any clearing be included in the arrangement. GSCC will notify those at each Participating CO. GSCC member of BOTCC will be eligible to the Commission when additional securities and offsets each cross-margining participate. futures are added to the cross-margining program. participant’s residual margin amount at 12 The GSCC–BOTCC cross-margining GSCC against the offsetting residual 2. Products subject to cross- arrangement will be applicable on the futures side margin amounts of the participant (or its margining: The products that will be only to positions in a proprietary account of a cross- eligible for the GSCC–BOTCC cross- margining participant at BOTCC. The arrangement affiliate) at each Participating CO.8 If, will not apply to positions in a customer account within a given pair of offset classes, the margining arrangement are the Treasury at BOTCC that would be subject to segregation margin that GSCC has available for a securities with certain remaining requirements under the Commodity Exchange Act. participant is greater than the combined maturities that fall into GSCC’s Offset This is also the case with respect to the Classes C, E, F, and G as defined in arrangements with NYCC and the CME. margin submitted by the Participating 13 The disallowance factor is the haircut reflective COs, GSCC will allocate a portion of its GSCC’s Rules that are cleared by GSCC of the correlation analysis done by GSCC for each margin equal to the combined margin at and the 2-Year Note, 5-Year Note, 10- offset class. the Participating COs. If, within a given Year Note, and U.S. Treasury Bond 14 The minimum margin factor is the pair of offset classes, the combined futures contracts and options on these contractually agreed upon cap on the amount of the futures contracts that are cleared by margin reduction that the clearing organizations margin submitted by the Participating will allow. (In some of the documents submitted by COs is greater than the margin that GSCC, the minimum margin factor is referred to as GSCC has available for that participant, 9 GSCC and each Participating CO unilaterally the minimum disallowance factor.) Initially, the GSCC will first allocate its margin to the have the right not to reduce a participant’s margin GSCC–BOTCC cross-margining program will requirement by the cross-margin reduction or to employ a 50% minimum margin factor. Should Participating CO with the most highly reduce it by less than the cross-margin reduction. GSCC decide to change the minimum factor, it will correlated position. If, within a given However, the clearing organizations may not reduce submit a proposed rule filing under Section 19(b) a participant’s margin requirement by more than the of the Act. 8 The residual margin amount is the long margin cross-margin reduction. 15 GSCC will review the cross-margining amount or the short margin amount in each offset 10 Because inter-dealer brokers should not and parameters on a yearly basis unless market events class that is available for cross-margining after all generally do not have positions at GSCC at the end dictate the need for more frequent reviews. Letter internal offsets are conducted within and between of the day, they should have no margin requirement from Jeffrey F. Ingber, Managing Director, General offset classes at a particular clearing organization. to be reduced. Counsel, and Secretary, GSCC (November 6, 2001).
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and soundness of the settlement process options thereon, and commodity For the Commission by the Division of for the Government securities options.17 Section 17A(b)(3)(F) of the Market Regulation, pursuant to delegated marketplace by: (1) Providing clearing Act requires that the rules of a clearing authority.20 organizations with more information agency be designed to assure the Margaret H. McFarland, concerning members’ intermarket safeguarding of securities and funds Deputy Secretary. positions (which is especially valuable which are in the custody or control of [FR Doc. 02–2371 Filed 1–30–02; 8:45 am] during stressed market conditions) to the clearing agency for which it is BILLING CODE 8010–01–P enable them to make more accurate responsible.18 The Commission finds decisions regarding the true risk of such that the approval of GSCC’s proposed positions to the clearing organizations; rule change is consistent with these DEPARTMENT OF STATE (2) allowing for enhanced sharing of Sections. collateral resources; and (3) encouraging [Public Notice 3901] First, the Commission’s approval of coordinated liquidation processes for a Bureau of Educational and Cultural joint participant, or a participant and its GSCC’s proposed rule change to Affairs Request for Grant Proposals: affiliate, in the event of an insolvency. establish a cross-margining arrangement International Sports Programming GSCC further believes that cross- with BOTCC and to extend its hub and Initiative margining benefits participating clearing spoke approach to cross-margining to include BOTCC along with CME and members by providing members with SUMMARY: The Office of Citizen NYCC is in line with the Congressional the opportunity to more efficiently use Exchanges of the Bureau of Educational directive to the Commission to facilitate their collateral. More important from a and Cultural Affairs announces an open linked and coordinated facilities for the regulatory perspective, however, is that competition for International Sports clearance and settlement of securities cross-margining programs have long Programming Initiative. Public and and futures.19 Second, approval of been recognized as enhancing the safety private non-profit organizations meeting GSCC’s proposal should result in and soundness of the clearing system the provisions described in Internal increased and better information sharing itself. Studies of the October 1987 Revenue Code 26 U.S.C. 501(c)(3) may market break gave support to the between GSCC and Participating COs submit proposals to discuss approaches concept of cross-margining. For regarding the portfolios and financial designed to enhance and improve the example, The Report of the President’s conditions of participating joint and infrastructure of youth sports programs Task Force on Market Mechanisms affiliated members. As a result, GSCC in selected countries in Africa, South (January 1988) noted that the absence of and participating COs will be in a better Asia, Central Asia, South East Asia and a cross-margining system for futures and position to monitor and assess the the Near East. securities options markets contributed potential risks of participating joint or to payment strains in October 1987. The affiliated members and will be in a Program Information: Interim Report of the President’s better position to handle the potential Overview Working Group on Financial Markets losses presented by the insolvency of (May 1988) also recommended that the any joint or affiliated member. The Office of Citizen Exchanges SEC and the Commodity Futures Therefore, GSCC’s proposal should help welcomes proposals that directly Trading Commission facilitate cross- GSCC better safeguard the securities and respond to the following thematic areas. margining programs among clearing funds in its possession or control or for Given budgetary limitations, projects for organizations. This resulted in the first which it is responsible. While cross- other themes will not be eligible for cross-margining arrangement between margining should provide benefits and consideration under the FY–2002 Sports clearing organizations which was efficiencies to common participants in Program Initiative. approved in 1988.16 GSCC and BOTCC, GSCC has Training Sports Coaches III. Discussion determined to adopt a conservative approach in introducing its cross- The World Summit on Physical Section 19(b) of the Act directs the margining program with BOTCC. We Education (Berlin, 1999) stated that a Commission to approve a proposed rule believe that that is a prudent approach ‘‘quality physical education helps change of a self-regulatory organization consistent with maintaining the safety children to develop the patterns of if it finds that such proposed rule and soundness of the national system interest in physical activity, which are change is consistent with the for prompt and accurate clearance and essential for healthy development and requirements of the Act and the rules settlement of transactions in securities. which lay the foundation for healthy, and regulations thereunder applicable to adult lifestyles.’’ Coaches are critical to such organization. In section IV. Conclusion the accomplishment of this goal. A 17A(a)(2)(A)(ii) of the Act, Congress coach not only needs to be qualified to directs the Commission having due On the basis of the foregoing, the provide the technical assistance regard for, among other things, the Commission finds that the proposed required by young athletes to improve, public interest, the protection of rule change is consistent with the but must also understand how to aid a investors, the safeguarding of securities requirements of the Act and in young person to discover how success and funds, to use its authority under the particular section 17A of the Act and in athletics can be translated into Act to facilitate the establishment of the rules and regulations thereunder. achievement in the development of life linked or coordinated facilities for It Is Therefore Ordered, pursuant to skills and in the classroom. Projects clearance and settlement of transactions section 19(b)(2) of the Act, that the submitted in response to this theme in securities, securities options, proposed rule change (File No. SR– would be aimed at aiding youth, contracts of sale for future delivery and GSCC–2001–03) be and hereby is secondary school and university approved. coaches in the target countries in the 16 Securities Exchange Act Release No. 26153 development and implementation of (October 3, 1988), 53 FR 39567 (October 7, 1988) 17 [File No. SR–OCC–86–17] (order approving cross- 15 U.S.C. 78q–1(a)(2)(A)(ii). appropriate training methodologies, margining program between OCC and The 18 15 U.S.C. 78q-1(b)(3)(F). Intermarket Clearing Corporation). 19 15 U.S.C. 78q-1(a)(2)(A)(ii). 20 17 CFR 200.30–3(a)(12).
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through seminars and outreach. The Guidelines participate in the program as well as the goal is to ensure the optimal technical The Office seeks proposals that process by which participants will be proficiency among the coaches provide professional experience and selected. It is recommended that participating in the program while also exposure to American life and culture programs in support of U.S. internships emphasizing the role sports can play in through internships, workshops and include letters tentatively committing the long-term economic well being of other learning-sharing experiences host institutions to support the youth. hosted by local institutions. The internships. In the selection of foreign participants, the Bureau and U.S. Youth Sports Management Exchange experiences also will provide Americans the opportunity to learn Embassies abroad retain the right to Exchanges funded under this theme about culture and the social and review all participant nominations and would help American and foreign youth economic challenges young athletes face to accept or deny participants sport coaches, adult sponsors, and today. Travel under these grants should recommended by grantee institutions. sports associations officials share their provide for a two-way exchange. However, grantee institutions should experience in managing and organizing Projects should not simply focus on describe in detail the recruitment and youth sports activities, particularly in athletic training; they should be selection process they recommend. The financially challenging circumstances, designed to provide practical, hands-on grantee institution will also provide the and would contribute to better experience in U.S. public/private sector names of American participants and understanding of role of sports as an settings that may be adapted to an brief (two pages) biographical data on significant factor in educational success. individual’s institution upon return each American participant to the Office Americans are in a good position to home. Proposals may combine elements of Citizen Exchanges for information convey to the foreign counterparts the of professional enrichment, job purposes. Priority will be given to importance of linking success in sports shadowing and internships appropriate foreign participants who have not to educational achievement and how to the language ability and interests of previously traveled to the United States. these two factors can contribute to the participants. Budget Guidelines short-term and long-term economic Applicants must identify the local prospects. The Bureau has an overall budget of organizations and/or individuals in the $400,000 for this competition. Grants Youth With Disability counterpart country with whom they are awarded to eligible organizations with proposing to collaborate and describe in Exchanges supported by this theme less than four years of experience in detail previous cooperative conducting international exchange are designed to promote and sponsor programming and/or contacts. Specific sports, recreation, fitness and leisure programs will be limited to $60,000. information about the counterpart The Bureau has set a ceiling of $135,000 events for children and adults with organizations’ activities and physical disabilities. Project goals for proposals funded under this accomplishments should be included in competition. The Bureau encourages include improving the quality of life for the section on Institutional Capacity. people with disabilities by providing applicants to provide maximum levels Exchanges and training programs of cost sharing and funding from private affordable inclusive sports and supported by the institutional grants recreational experiences that build self- sources in support of its programs. from the Bureau should operate at two Applicants must submit a esteem and confidence, enhancing levels: they should enhance comprehensive budget for the entire active participation in community life institutional partnerships, and they program. Grant awards may not exceed and making a significant contribution to should offer practical information to $135,000. There must be a summary the physical and psychological health of individuals and groups to assist them budget as well as breakdowns reflecting people with disabilities. Physically and with their professional responsibilities. both administrative and program developmentally challenged individuals Strong proposals usually have the budgets. Applicants may provide will be fully included in the sports and following characteristics: A strong separate sub-budgets for each program recreation opportunities in our existing partnership between a U.S. component, phase, location, or activity communities. organization and an in-country to provide clarification. Sports and Health institution or the potential to develop Allowable costs for the program such a linkage; a proven track record of include the following: Projects funded under this category working in the proposed field; cost- (1) All Participant Expenses (foreign will focus on effective and practical sharing from U.S. and/or in-country and American). ways to use sport personalities and sources; experienced staff with language (2) Other Program Expenses as needed sports health professionals to increase facility; a clear, convincing plan and justified. awareness among young people of the showing how permanent results will be (3) Administrative Expenses importance of following a healthy life accomplished as a result of the activity including indirect costs. style to reduce illness, prevent injuries funded by the grant; and a follow-on Please refer to the Solicitation and speed the rehabilitation and plan beyond the scope of the Bureau Package for complete budget guidelines recovery. Emphasis will be on the grant. The Bureau would like to see and formatting instructions. responsibility of the broader community tangible forms of time and money Announcement Title and Number to support healthy behavior. The project contributed to the project by the goals are to promote and integrate prospective grantee institution, as well All correspondence with the Bureau scientific research, education, and as funding from third party sources. concerning this RFGP should reference practical applications of sports Programs must comply with J–1 visa the above title ‘‘Sports Programming medicine and exercise science to regulations. Please refer to Solicitation Initiative’’ and reference number ECA/ maintain and enhance physical Package for further information. PE/C–02–55. performance, fitness, health, and quality FOR FURTHER INFORMATION CONTACT: of life. (Actual medical training and Selection of Participants Please contact the Office of Citizen dispensing of medications are outside All grant proposals should clearly Exchanges, Room 224, U.S. Department the purview of this theme.) describe the type of persons who will of State, 301 4th Street, SW.,
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Washington, DC 20547, telephone and cultural life. ‘‘Diversity’’ should be and logistical capacity. Agenda and plan number 202/619–5326, fax number 202/ interpreted in the broadest sense and should adhere to the program overview 260–0440, or [email protected] to encompass differences including, but and guidelines described above. request a Solicitation Package. The not limited to ethnicity, race, gender, 3. Ability to achieve program Solicitation Package contains detailed religion, geographic location, socio- objectives: Objectives should be award criteria, required application economic status, and physical reasonable, feasible, and flexible. forms, specific budget instructions, and challenges. Applicants are strongly Proposals should clearly demonstrate standard guidelines for proposal encouraged to adhere to the how the institution will meet the preparation. Please specify Bureau advancement of this principle both in program’s objectives and plan. Program Raymond H. Harvey on all program administration and in program 4. Multiplier effect/impact: Proposed other inquiries and correspondence. content. Please refer to the review programs should strengthen long-term Please read the complete Federal criteria under the ‘‘Support for mutual understanding, including Register announcement before sending Diversity’’ section for specific maximum sharing of information and inquiries or submitting proposals. Once suggestions on incorporating diversity establishment of long-term institutional the RFGP deadline has passed, Bureau into the total proposal. Public Law 104– and individual linkages. staff may not discuss this competition 319 provides that ‘‘in carrying out 5. Support of Diversity: Proposals with applicants until the proposal programs of educational and cultural should demonstrate substantive support review process has been completed. exchange in countries whose people do of the Bureau’s policy on diversity. not fully enjoy freedom and Achievable and relevant features should To Download a Solicitation Package democracy,’’ the Bureau ‘‘shall take Via Internet be cited in both program administration appropriate steps to provide (selection of participants, program The entire Solicitation Package may opportunities for participation in such venue and program evaluation) and be downloaded from the Bureau’s Web programs to human rights and program content (orientation and wrap- site at http://exchanges.state.gov/ democracy leaders of such countries.’’ up sessions, program meetings, resource education/RFGPs. Please read all Public Law 106–113 requires that the materials and follow-up activities). information before downloading. governments of the countries described 6. Institutional Capacity: Proposed above do not have inappropriate Deadline for Proposals personnel and institutional resources influence in the selection process. should be adequate and appropriate to All proposal copies must be received Proposals should reflect advancement of at the Bureau of Educational and achieve the program or project’s goals. these goals in their program contents, to 7. Institution’s Record/Ability: Cultural Affairs by 5 p.m. Washington, the full extent deemed feasible. DC time on Friday, April 19, 2002. Proposals should demonstrate an Faxed documents will not be accepted Review Process institutional record of successful at any time. Documents postmarked the The Bureau will acknowledge receipt exchange programs, including due date but received on a later date of all proposals and will review them responsible fiscal management and full will not be accepted. Each applicant for technical eligibility. Proposals will compliance with all reporting must ensure that the proposals are be deemed ineligible if they do not fully requirements for past Bureau grants as received by the above deadline. adhere to the guidelines stated herein determined by Bureau Grant Staff. The Applicants must follow all and in the Solicitation Package. The Bureau will consider the past instructions in the Solicitation Package. Program Office and the Public performance of prior recipients and the The original and ten copies of the Diplomacy section overseas will review demonstrated potential of new application should be sent to: U.S. all eligible proposals. Eligible proposals applicants. Department of State, SA–44, Bureau of will be subject to compliance with 8. Follow-on Activities: Proposals Educational and Cultural Affairs, Ref.: Federal and Bureau regulations and should provide a plan for continued ECA/PE/C–02–55, Program guidelines and forwarded to Bureau follow-on activity (without Bureau Management, ECA/EX/PM, Room 534, grant panels for advisory review. support) ensuring that Bureau 301 4th Street, SW, Washington, DC Proposals may also be reviewed by the supported programs are not isolated 20547. Office of the Legal Adviser or by other events. Applicants must also submit the Department elements. Final funding 9. Project Evaluation: Proposals ‘‘Executive Summary’’ and ‘‘Proposal decisions are at the discretion of the should include a plan to evaluate the Narrative’’ sections of the proposal on a Department of State’s Assistant activity’s success, both as the activities 3.5’’ diskette, formatted for DOS. These Secretary for Educational and Cultural unfold and at the end of the program. A documents must be provided in ASCII Affairs. Final technical authority for draft survey questionnaire or other text (DOS) format with a maximum line assistance awards resides with the technique plus description of a length of 65 characters. The Bureau will Bureau’s Grants Officer. methodology to be used to link transmit these files electronically to the outcomes to original project objectives Public Affairs section at the US Embassy Review Criteria is recommended. Intermediate reports for its review, with the goal of reducing Technically eligible applications will after each project phase or quarterly the time it takes to get embassy be competitively reviewed according to reports are required. comments for the Bureau’s grants the criteria stated below. These criteria 10. Cost-effectiveness/Cost-sharing: review process. are not rank ordered and all carry equal The overhead and administrative weight in the proposal evaluation: components of the proposal, including Diversity, Freedom and Democracy 1. Quality of the program idea: salaries and honoraria, should be kept Guidelines Proposals should exhibit originality, as low as possible. All other items Pursuant to the Bureau’s authorizing substance, precision, and relevance to should be necessary and appropriate. legislation, programs must maintain a the Bureau’s mission. Proposals should maximize cost sharing non-political character and should be 2. Program planning: Detailed agenda through other private sector support as balanced and representative of the and relevant work plan should well as institutional direct funding diversity of American political, social, demonstrate substantive undertakings contributions.
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11. Value to U.S.-Partner Country Notice is hereby given that the DEPARTMENT OF TRANSPORTATION Relations: Proposed projects should Department of State has received an receive positive assessments by the U.S. application from Reef International, Office of the Secretary Department of State’s geographic area L.L.C. (Reef) for a Presidential permit, Aviation Proceedings, Agreements desk and overseas officers of program pursuant to Executive Order 11423 of Filed During the Week Ending January need, potential impact, and significance August 16, 1968, as amended by 18, 2002 in the partner country(ies). Executive Order 12847 of May 17, 1993, Authority: Overall grant making authority authorizing the construction, The following Agreements were filed for this program is contained in the Mutual connection, operation, and maintenance with the Department of Transportation Educational and Cultural Exchange Act of at the U.S.-Mexican border at Eagle under provisions of 49 U.S.C. Sections 1961, Pub. L. 87–256, as amended, also Pass, Texas of a liquid pipeline carrying 412 and 414. Answers may be filed known as the Fulbright-Hays Act. The within 21 days after the filing of the purpose of the Act is ‘‘to enable the liquefied petroleum gas, including Government of the United States to increase propane and butane, and related application. mutual understanding between the people of facilities. Docket Number: OST–2002–11336. Date Filed: January 16, 2002. the United States and the people of other Reef is a limited liability corporation countries * * * to strengthen the ties which Parties: Members of the International unite us with other nations by demonstrating organized and existing under the laws of Air Transport Association. the educational and cultural interests, the State of Texas and with its principal Subject: PTC COMP 0891 dated 18 developments, and achievements of the office located in Corpus Christi, Texas. January 2002, Mail Vote 192— people of the United States and other nations The proposed new 6-inch diameter Resolution 024d, Amend rounding units * * * and thus to assist in the development pipeline would originate at a proposed for the Romanian Leu, Intended of friendly, sympathetic and peaceful new transfer and blending station in effective date: 1 February 2002. relations between the United States and the Eagle Pass, Texas and cover other countries of the world.’’ The funding Docket Number: OST–2002–11357. authority for the program above is provided approximately 5 miles, crossing under Date Filed: January 17, 2002. through legislation. the Rio Grande River and terminating at Parties: Members of the International a proposed new storage and unloading Air Transport Association. Notice station in Coahuila, Mexico Subject: PTC123 0172 dated 18 The terms and conditions published approximately 1,000 feet from the January 2002, Mail Vote 193— in this RFGP are binding and may not International Boundary. It is anticipated Resolution 010v, Special Amending be modified by any Bureau that initial deliveries of the propane/ Resolution—Korea (Rep. of), Intended representative. Explanatory information butane mixture will be approximately effective date: 1 February 2002. provided by the Bureau that contradicts 500,000 GPD, increasing to Dorothy Y. Beard, published language will not be binding. approximately 2,000,000 GPD in two Federal Register Liaison. Issuance of the RFGP does not years. constitute an award commitment on the [FR Doc. 02–2355 Filed 1–30–02; 8:45 am] As required by E.O. 11423, the part of the Government. The Bureau BILLING CODE 4910–62–P reserves the right to reduce, revise, or Department of State is circulating this increase proposal budgets in accordance application to concerned agencies for with the needs of the program and the comment. DEPARTMENT OF TRANSPORTATION availability of funds. Awards made will DATES: Interested parties are invited to Office of the Secretary be subject to periodic reporting and submit, in duplicate, comments relative evaluation requirements. to this proposal on or before March 4, Notice of Applications for Certificates Notification 2002, to James Dudley, Office of of Public Convenience and Necessity International Energy and Commodities and Foreign Air Carrier Permits Filed Final awards cannot be made until Under Subpart B (formerly Subpart Q) funds have been appropriated by Policy, Department of State, Washington, DC 20520. The application During the Week Ending January 18, Congress, allocated and committed 2002 through internal Bureau procedures. and related documents that are part of the record to be considered by the Dated: January 25, 2002. The following Applications for Department of State in connection with Patricia S. Harrison, Certificates of Public Convenience and this application are available for Necessity and Foreign Air Carrier Assistant Secretary for Educational and inspection in the Office of International Cultural Affairs, U.S. Department of State. Permits were filed under Subpart B Energy and Commodities Policy during (formerly Subpart Q) of the Department [FR Doc. 02–2420 Filed 1–23–02; 8:45 am] normal business hours. of Transportation’s Procedural BILLING CODE 4710–05–P Regulations (See 14 CFR 301.201 et FOR FURTHER INFORMATION CONTACT: seq.). The due date for Answers, James Dudley, Office of International DEPARTMENT OF STATE Conforming Applications, or Motions to Energy and Commodities Policy, Modify Scope are set forth below for Department of State, Washington, DC each application. Following the Answer [Public Notice 3900] 20520; or by telephone at (202) 647– period, DOT may process the 2857; or by fax at (202) 647–4037. Office of International Energy and application by expedited procedures. Commodities Policy; Notice of Receipt Dated: January 25, 2002. Such procedures may consist of the of Application for a Presidential Permit Stephen J. Gallogly, adoption of a show-cause order, a tentative order, or in appropriate cases for Pipeline Facilities To Be Director, Office of International Energy and Constructed and Maintained on the Commodities Policy. a final order without further Border of the United States proceedings. [FR Doc. 02–2419 Filed 1–30–02; 8:45 am] Docket Number: OST–2002–11335. AGENCY: Department of State. BILLING CODE 4710–07–P Date Filed: January 15, 2002.
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Due Date for Answers, Conforming Airplane Directorate, Aircraft (iii) The height references in § 25.111 Applications, or Motion to Modify Certification Service, 1601 Lind Ave. should be interpreted as geometrical Scope: February 5, 2002. SW., Renton, WA 98055–4056. heights. Description: Application of Piedmont Comments may be examined at the 2. Revise paragraph 12e(2) to read as Aviation Services, Inc., d/b/a Pace above address between 7:30 a.m. and 4 follows: Airlines (PASI), requesting the p.m. weekdays, except Federal holidays. (2) Procedures. The time between Department to disclaim jurisdiction and liftoff and the initiation of gear FOR FURTHER INFORMATION CONTACT: reissue its certificates in the name of retraction during takeoff distance Susan Boylon, Program Management Pace Airlines, Inc. (PACE). In the demonstrations should not be less than Branch, ANM–114, at the above address, alternative, PASI requests that the that necessary to establish an indicated telephone (425) 227–1152, or facsimile Department approve the transfer of positive rate of climb plus one second. (425) 227–1320. PASI’s certificates of public For the purposes of flight manual convenience and necessity and other SUPPLEMENTARY INFORMATION: expansion, the average demonstrated operating authority to PACE with an Comments Invited time delay between liftoff and initiation effective date of no later than January of gear retraction may be assumed; 25, 2002. Interested persons are invited to however, this value should not be less Dorothy Y. Beard, comment on the proposed revisions to than 3 seconds. the AC by submitting such written data, 3. Revise paragraph 22a(2) to read as Federal Register Liaison. views, or arguments, as they may desire. follows: [FR Doc. 02–2354 Filed 1–30–02; 8:45 am] Commenters must identify the title of (2) Sections 25.147(c) and (e) require BILLING CODE 4910–62–P the AC and submit comments in an airplane to be easily controllable duplicate to the address specified above. with the critical engine(s) inoperative. Section 25.147(d) further requires that DEPARTMENT OF TRANSPORTATION All comments received on or before the closing date for comments will be lateral control be sufficient to provide a Federal Aviation Administration considered by the Transport Airplane roll rate necessary for safety, without Directorate before issuing the revised excessive control forces or travel, at the Proposed Revisions to Advisory AC. speeds likely to be used with one engine Circular—Flight Test Guide for inoperative. Compliance can normally Discussion Certification of Transport Category be demonstrated in the takeoff Airplanes In a separate document published in configuration at V2 speed, because this the Federal Register on January 14, condition is usually the most critical. AGENCY: Federal Aviation Normal operation of a yaw stability Administration, DOT. 2002 (67 FR 1846), the FAA proposes to amend the airworthiness standards for augmentation system (SAS) should be ACTION: Notice of proposed advisory transport category airplanes concerning considered in accordance with normal circular revision and request for miscellaneous flight requirements. We operating procedures. Roll response, comments. initiated the proposal under the ‘‘Fast § 25.147(e), should be satisfactory for SUMMARY: This notice requests Track Harmonization Program’’ takeoff, approach, landing, and high comments regarding proposed revisions November 26, 1999 (64 FR 66522). speed configurations. Any permissible to Advisory Circular (AC) 25–7A, Adopting that proposal would eliminate configuration that could affect roll ‘‘Flight Test Guide for Certification of regulatory differences between the response should be evaluated. Transport Category Airplanes.’’ This AC airworthiness standards of the U.S. and 4. Revise paragraph 22b as follows: provides guidance on acceptable means, the Joint Aviation Requirements of b. Procedures. The following test but not the only means, of Europe, without affecting current procedures outline an acceptable means demonstrating compliance with certain industry design practices. for demonstrating compliance with airworthiness standards for transport In addition to the amendments § 25.147. 5. Revise paragraph 22b(4) to read as category airplanes. The proposed proposed in Notice 02–01, the FAA also follows: revisions to the AC complement proposes to revise Advisory Circular (4) Lateral Control—Roll Capability, proposed revisions to the airworthiness (AC) 25–7A, ‘‘Flight Test Guide for § 25.147(d). standards for transport category Certification of Transport Category airplanes, published by separate (i) Configuration: Airplanes,’’ to provide additional (A) Maximum takeoff weight. document in the Federal Register on guidance concerning takeoff path, (B) Most aft c.g. position. January 14, 2002 (67 FR 1846). This lateral control, trim (longitudinal), trim (C) Wing flaps in the most critical notice provides interested persons an (airplanes with four or more engines), takeoff position. opportunity to comment on the and demonstration of static longitudinal (D) Landing gear retracted. proposed revisions to the AC stability. This proposed revision to AC (E) Yaw SAS on, and off, if applicable. concurrently with the proposed 25–7A should not be confused with (F) Operating engine(s) at maximum rulemaking. Like all ACs, it is not other proposed revisions of AC 25–7A takeoff power. mandatory, but is to provide guidance on which the FAA is currently seeking (G) The inoperative engine that would for applicants in demonstrating comments. This revision only addresses be most critical for controllability, with compliance with the objective safety guidance material associated with these the propeller feathered, if applicable. standards set forth in the related rule. specific airworthiness requirements. (ii) Test Procedure: With the airplane DATES: Comments must be received by Issuance of a revised AC based on this in trim, or as nearly as possible in trim, April 1, 2002. proposal is contingent on adoption of for straight flight at V2, establish a ADDRESSES: Send all comments on the the revisions to part 25 in Notice 02–01. steady 30 degree banked turn. It should proposed AC revisions to the Federal Proposed Revisions to AC 25–7A be demonstrated that the airplane can be Aviation Administration, Attention: rolled to a 30 degree bank angle in the Don Stimson, Airplane and Flight Crew 1. Add a new paragraph, 12a(1)(iii) to other direction in not more than 11 Interface Branch, ANM–111, Transport read as follows: seconds. In this demonstration, the
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rudder may be used to the extent of the agency’s estimate of the burden, FAA that the proposed activity meets necessary to minimize sideslip. The the quality, utility, and clarity of the applicable public safety, national demonstration should be made in the information to be collected, and security, and foreign policy interests of most adverse direction. The maneuver possible ways to minimize the burden of the United States. A launch site is valid may be unchecked. Care should be the collection in preparation for for a period of five years. Respondents taken to prevent excessive sideslip and submission to renew the clearances of are licensees authorized to operate sites. bank angle during the recovery. the following information collections. The current estimated annual reporting 6. Revise paragraph 22b(4) by 1. 2120–0003, Malfunction or Defect burden is 1592 hours. Report. Collection of this information renumbering it as paragraph 22b(5) as Issued in Washington, DC, on January 24, follows: permits the FAA to evaluate its 2002. certification standards, maintenance (5) Lateral Control—Four or More Steve Hopkins, Engines, § 25.147(e). programs, and regulatory requirements since their effectiveness is reflected in Manager, Standards and Information 7. Revise paragraph 22b(5) by Division, APF–100. renumbering it as paragraph 22b(6) as the number of equipment failures or the [FR Doc. 02–2282 Filed 1–30–02; 8:45 am] follows: lack thereof. It is also the basis for (6) Lateral Control—All Engines issuance of Airworthiness Directives BILLING CODE 4910–13–M Operating, § 25.147(f). designed to prevent unsafe conditions or accidents. The affected public Issued in Renton, Washington, on DEPARTMENT OF TRANSPORTATION December 19, 2001. includes aircraft and repair station operators. The current estimated annual Federal Aviation Administration Ali Bahrami, reporting burden is 6,935 hours. Acting Manager, Transport Airplane 2. 2120–0027, Application for Directorate, Aircraft Certification Service. Third Party War Risk Liability Certificate of Waiver or Authorization. Insurance [FR Doc. 02–1003 Filed 1–30–02; 8:45 am] Part A of Subtitle VII of the Revised BILLING CODE 4910–13–P Title 49 United States Code authorizes AGENCY: Federal Aviation the issuance of regulations governing Administration, DOT. the use of navigable airspace. 14 CFR ACTION: Notice of extension. DEPARTMENT OF TRANSPORTATION 91, 101, and 105 prescribe regulations governing the general operation and SUMMARY: This notice contains the text Federal Aviation Administration flight of aircraft, moored balloons, kites, of a memo from the Secretary of unmanned rockets, unmanned free Transportation to the President Notice of Intent To Request Renewal regarding the extension of the provision From the Office of Management and balloons, and parachute jumping. Applicants are individual airmen, state of aviation insurance coverage for U.S. Budget (OMB) of Five Current Public flag commercial air carrier service in Collections of Information and local governments, and businesses who have a need to deviate from the domestic and international operations. AGENCY: Federal Aviation provisions of these regulations. The DATES: Dates of extension from January Administration (FAA), DOT. current estimated annual reporting 20, 2002 through March 20, 2002. ACTION: Notice. burden is 12,202 hours. FOR FURTHER INFORMATION CONTACT: 3. 2120–0507, Special Federal Helen Kish, Program Analyst, APO–3, or SUMMARY: In compliance with the Aviation Regulation (SFAR) 36, Eric Nelson, Program Analyst, APO–3, Paperwork Reduction Act (44 U.S.C. Development of Major Repair Data. Federal Aviation Administration, 800 3501 et seq.), the FAA invites public SFAR 36 (to part 121) relieves Independence Ave., SW., Washington, comment on five currently approved qualifying applicants (Aircraft DC 20591, telephone 202–267–9943 or public information collections which Maintenance, Commercial Aviation, 202–267–3090. Or online at FAA will be submitted to OMB for renewal. Aircraft Repair Stations, Air Carriers, Insurance Website: http:// DATES: Comments must be received on Air Taxi, and Commercial Operators) of api.hq.faa.gov/911policies/ or before April 1, 2002. the burden to obtain FAA approval of inscover.html. data developed by them for major ADDRESSES: Comments may be mailed SUPPLEMENTARY INFORMATION: On or delivered to the FAA at the following repairs on a case-by-case basis, and January 4, 2002, the Secretary of address: Ms. Judy Street, Room 613, provides for one-time approvals. The Transportation authorized a 60-day Federal Aviation Administration, current estimated annual reporting extension of aviation insurance Standards and Information Division, burden is 530 hours. provided by the Federal Aviation 4. 2120–0574, Aviation Safety APF–100, 800 Independence Ave., SW., Administration as follows: Counselor of the Year Competition. The Washington, DC 20591. form is used to select nominees for Memorandum to the President FOR FURTHER INFORMATION CONTACT: Ms. recognition of their volunteer services to ‘‘Pursuant to the authority delegated to me Judy Street at the above address or on the FAA. The agency will use the in paragraph (3) of Presidential (202) 267–9895. information on the form to select nine Determination No. 01–29 of September 23, SUPPLEMENTARY INFORMATION: In regional winners and one national 2001, I have extended that determination to accordance with the Paperwork winner among private citizens involved allow for the provision of aviation insurance Reduction Act of 1995, an agency may in aviation. The current estimated and reinsurance coverage for U.S. Flag not conduct or sponsor, and a person is commercial air service in domestic and annual reporting burden is 180 hours. international operations for an additional 60 not required to respond to a collection 5. 2120–0644, License Requirements days. of information unless it displays a for Operation of a Launch Site. The Pursuant to section 44306(c) of chapter 443 currently valid OMB control number. information to be collected includes of 49 U.S.C.—Aviation Insurance, the period Therefore, the FAA solicits comments data required for performing launch site for provision of insurance shall be extended on the following current collections of location analyses. This data is necessary from January 20, 2002, through March 20, information in order to evaluate the in order to demonstrate to the Associate 2002.’’ necessity of the collection, the accuracy Administrator for Space Transportation/ /s/Norman Y. Mineta
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Affected Public: Air Carriers who may present a written statement to the SUPPLEMENTARY INFORMATION: The FAA currently have Third Party War-Risk committee at any time. proposes to rule and invites public Liability Insurance with the Federal Issued in Washington, DC, on January 23, comment on the application to impose Administration. 2002. and use the revenue from a PFC at Issued in Washington, DC, on January 24, Janice L. Peters, Akron-Canton Regional Airport under the provisions of the 49 U.S.C. 40117 2002. FAA Special Assistant, RTCA Advisory Nan Shellabarger, Committee. and Parts 158 of the Federal Aviation Regulations (14 CFR Part 158). Deputy Director, Office of Aviation Policy and [FR Doc. 02–2409 Filed 1–30–02; 8:45 am] Plans. BILLING CODE 4910–13–M On December 21, 2001, the FAA [FR Doc. 02–2279 Filed 1–30–02; 8:45 am] determined that the application to BILLING CODE 4910–13–M impose and use the revenue from a PFC DEPARTMENT OF TRANSPORTATION submitted by Akron-Canton Regional Airport Authority was substantially DEPARTMENT OF TRANSPORTATION Federal Aviation Administration complete within the requirements of section 158.25 of Part 158. The FAA Federal Aviation Administration Notice of Intent To Rule on Application will approve or disapprove the 02–05–C–00–CAK To Impose and Use application, in whole or in part, not RTCA Special Committee 187: Mode the Revenue From a Passenger Facility later than April 9, 2002. Select Beacon and Data Link System Charge (PFC) at Akron-Canton Regional Airport, North Canton, Ohio The following is a brief overview of AGENCY: Federal Aviation the application. Administration (FAA), DOT. AGENCY: Federal Aviation Proposed charge effective date: ACTION: Notice of RTCA Special Administration (FAA), DOT. September 1, 2002. Committee 187 meeting. ACTION: Notice of intent to rule on Proposed charge expiration date: application. SUMMARY: The FAA is issuing this notice November 1, 2007. to advise the public of a meeting of SUMMARY: The FAA proposes to rule and Level of the proposed PFC: $4.50. RTCA Special Committee 187: Mode invites public comment on the Total estimated PFC revenue: Select Beacon and Data Link System. application to impose and use the $8,277,000. DATES: The meeting will be held revenue from a PFC at Akron-Canton Brief description of proposed projects: February 19–20, 2002, from 9 a.m. to 5 Regional Airport under the provisions of Impose and Use: Property Acquisition— p.m. the 49 U.S.C. 40117 and Part 158 of the Nickison, Lockhart, Tucker, Peters, ADDRESSES: The meeting will be held at Federal Aviation Regulations (14 CFR Snow Removal Equipment, Passenger RTCA, 1828 L Street, NW., Suite 805, Part 158). Loading Bridge, Engine Generator-Back- Washington, DC 20036. DATES: Comments must be received on up Power, Runway 5⁄23 Overlay, FOR FURTHER INFORMATION CONTACT: or before March 4, 2002. Entrance Road Rehabilitation, Terminal RTCA Secretariat, 1828 L Street, NW., ADDRESSES: Comments on this Baggage Claim Expansion, Terminal Washington, DC 20036; telephone (202) application may be mailed or delivered Expansion/Rehabilitation, Shift/ 833–9339; fax (202) 833–9434; Web site in triplicate to the FAA at the following Extension Runway 1⁄19 Phase II, Airport http://www.rtca.org. address: Access Improvement—Shuffel Road Interchange. SUPPLEMENTARY INFORMATION: Pursuant Federal Aviation Administration, to section 10(a)(2) of the Federal Detroit Airports District Office, Use Only: Relocate Mount Pleasant Advisory Committee Act (Pub. L. 92– Willow Run Airport, East, 8820 Beck and Frank Roads, Runway 1 Extension, 463, 5 U.S.C., Appendix 2), notice is Road, Belleville, Michigan 48111. The Runway 19 Runway Safety Area hereby given for a Special Committee application may be reviewed in Improvements. Class or classes of air 187 meeting. The agenda will include: person at this location. carriers which the public agency has • February 19–20: requested to be required to collect PFCs: • Opening Session (Chairman’s In addition, one copy of any air taxi/commercial operators. comments submitted to the FAA must Introductory Remarks, Review and Any person may inspect the Approve Agenda, Approve Previous be mailed or delivered to Mr. Richard B. McQueen, Akron-Canton Regional application in person at the FAA office Meeting Minutes). listed above under FOR FURTHER • Airport at the following address: Akron- Review Revision C—Proposed INFORMATION CONTACT. Change 1 to RTCA DO–181C, RTCA Canton Regional Airport, 5400 Lauby Paper No. 016–02/SC187–047, Addition Road, #9, North Canton, Ohio 44720. In addition, any person may, upon of Hijack Mode Operations. Air carriers and foreign air carriers request, inspect the application, notice • Closing Session (Other Business, may submit copies of written comments and other documents germane to the Date and Time of Next Meeting, previously provided to the Akron- application in person at the Akron- Adjourn). Canton Regional Airport Authority Canton Regional Airport, 5400 Lauby Attendance is open to the interested under section 158.23 of Part 158. Road, #9, North Canton, Ohio 44720. public but limited to space availability. FOR FURTHER INFORMATION CONTACT: Ms. Issued in Des Plaines, Illinois, on January With the approval of the chairmen, Arlene B. Draper, Program Manager, 18, 2002. members of the public may present oral Federal Aviation Administration, Mark A. McClardy, statements at the meeting. Persons Detroit Airports District Office, Willow Acting Manager, Planning/Programming wishing to present statements or obtain Run Airport, East, 8820 Beck Road, Branch, Airports Division, Great Lakes information should contact the person Belleville, Michigan 48111 (734–487– Region. listed in the FOR FURTHER INFORMATION 7282). The application may be reviewed [FR Doc. 02–2280 Filed 1–30–02; 8:45 am] CONTACT section. Members of the public in person at this same location. BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION Part 158 of the Federal Aviation ACTION: List of applicants for Regulations (14 CFR Part 158). exemptions. Federal Aviation Administration On December 26, 2001, the FAA determined that the application to use SUMMARY: In accordance with the Intent To Rule on Application 02–13– the revenue from a PFC submitted by U–00–ORD To Use the Revenue From procedures governing the application the City of Chicago Department of for, and the processing of, exemptions a Passenger Facility Charge (PFC) at Aviation was substantially complete Chicago O’Hare International Airport, from the Department of Transportation’s within the requirements of § 158.25 of Hazardous Materials Regulations (49 Chicago, Illinois Part 158. The FAA will approve or CFR part 107, subpart B), notice is disapprove the application, in whole or AGENCY: Federal Aviation hereby given that the Office of Administration (FAA), DOT. in part, no later than April 4, 2002. The following is a brief overview of Hazardous Materials Safety has received ACTION: Notice of Intent to Rule on the applications described herein. Each application. the application. Actual charge effective date: May 1, mode of transportation for which a SUMMARY: The FAA proposes to rule and 2008. particular exemption is requested is invites public comment on the Revised estimated charge expiration indicated by a number in the ‘‘Nature of application to use the revenue from a date: October 1, 2016. Application’’ portion of the table below PFC at Chicago O’Hare International Level of proposed PFC: $4.50. as follows: 1—Motor vehicle, 2—Rail Airport under the provisions of the 49 Total estimated PFC revenue: freight, 3—Cargo vessel, 4—Cargo U.S.C. 40117 and Part 158 of the Federal $53,000,000. aircraft only, 5—Passenger-carrying Aviation Regulations (14 CFR Part 158) Brief description of proposed project: aircraft. Construct Touhy Avenue Reservoir, a DATES: Comments must be received on 700 acre-feet stormwater reservoir on DATES: or before March 4, 2002. Comments must be received on airport property directly north of Touhy or before March 4, 2002. ADDRESSES: Comments on this Avenue and west of Mount Prospect application may be mailed or delivered Road. ADDRESSES: Records Center, Research in triplicate to the FAA at the following Class or classes of air carriers which and Special Programs, Administration, address: the public agency has requested not be U.S. Department of Transportation, Federal Aviation Administration, required to collect PFCs: Air taxi Washington, DC 20590. Chicago Airports District Office, 2300 operators. Comments should refer to the East Devon Avenue, Room 320, Des Any person may inspect the application number and be submitted in Plaines, IL 60018. application in person at the FAA office triplicate. If confirmation of receipt of In addition, one copy of any listed above under FOR FURTHER comments is desired, include a self- comments submitted to the FAA must INFORMATION CONTACT. addressed stamped postcard showing In addition, any person may, upon be mailed or delivered to Mr. Thomas R. the exemption application number. Walker, Commissioner of the City of request, inspect the application, notice Chicago Department of Aviation at the and other documents germane to the FOR FURTHER INFORMATION CONTACT: following address: Chicago O’Hare application in person at the City of Copies of the applications (See Docket International Airport, P.O. Box 66142, Chicago Department of Aviation. Number) are available for inspection at Chicago, IL 60666. Issued in Des Plaines, Illinois on January the New Docket Management Facility, Air carriers and foreign air carriers 18, 2002. PL–401, at the U.S. Department of may submit copies of written comments Mark A. McClardy, Transportation, Nassif Building, 400 7th previously provided to the City of Acting Manager, Planning/Programming Street, SW., Washington, DC 20590 or at Chicago Department of Aviation under Branch, Airports Division, Great Lakes http://dms.dot.gov. section 158.23 of Part 158. Region. This notice of receipt of applications FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 02–2281 Filed 1–30–02; 8:45 am] for new exemptions is published in Philip M. Smithmeyer, Manager, BILLING CODE 4910–13–M Chicago Airports District Office, 2300 accordance with part 107 of the Federal East Devon Avenue, Room 320, Des hazardous materials transportation law Plaines, IL 60018, (847) 294–7335. The DEPARTMENT OF TRANSPORTATION (49 U.S.C. 5117(b); 49 CFR 1.53(b)). application may be reviewed in person Issued in Washington, DC, on January 25, at this same location. Research and Special Programs 2002. SUPPLEMENTARY INFORMATION: The FAA Administration R. Ryan Posten, proposes to rule and invites public Office of Hazardous Materials Safety; Exemptions Program Officer, Office of comment on the application to use the Notice of Applications for Exemptions Hazardous Materials, Exemptions and revenue from a PFC at Chicago O’Hare Approvals. International Airport under the AGENCY: Research and Special Programs provisions of the 49 U.S.C. 40117 and Administration, DOT.
NEW EXEMPTIONS
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12897–N RSPA–02–11397 ATK Thiokol Propulsion, Brigham 49 CFR 173.242 ...... To authorize the transportation in City, UT. commerce of ammonium per- chlorate, Division 5.1, in DOT 53 portable tanks not presently authorized. (Modes 1, 2.)
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NEW EXEMPTIONS—Continued
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12898–N RSPA–02–11398 SWS Environmental First Re- 49 CFR 173.302, 173.304, 173.34 To authorize the manufacturing, sponse, Panama City Beach, marking, sale and use of a non- FL. DOT specification salvage cyl- inder for overpacking damage or leaking cylinders of pressur- ized and non-pressurized haz- ardous materials for transpor- tation in commerce. (Mode 1.) 12899–N RSPA–02–11387 Pencor Reservoir Fluid Special- 49 CFR 173.201(c), 173.202(c), To authorize the manufacture, ists, Broussard, LA. 173.203(c), 173.302(c), mark, sale and use of non-DOT 173.302(a), 173.304(a) & (b), specification cylinders com- 175.3, 178.35(e) & (f), parable to DOT Specification 178.36(a) & (b), (j), (1). 3A cylinders for use in trans- porting Division 2.1, 2.2 and Class 3 material. (Modes 1, 2, 3, 4.) 12902–N RSPA–02–11389 C&S Railroad Corp., Jim Thrope, 49 CFR 174.85(a) ...... To authorize the transportation in PA. commerce of rail cars with al- ternative spacing between the locomotive and cars carrying hazardous materials. (Mode 2.) 12903–N RSPA–02–11390 Cargill Inc., Minneapolis, MN ...... 49 CFR 179.13 ...... To authorize the transportation in commerce of Class 3 material in DOT Specification 111A100W1 tank cars having a maximum gross weight of 286,000 pounds. (Mode 2.) 12904–N RSPA–02–11388 Chemex Corp., San Juan, PR ..... 49 CFR 179.13 ...... To authorize the transportation in commerce of Class 3 material in DOT Specification 111A100W1 tank cars having a maximum gross weight of 286,000 pounds. (Mode 2.) 12905–N RSPA–02–11384 Railway Progress Institute, Inc. 49 CFR 172.203(a), 172.302(c), To authorize the transportation in Alexandria, VA. 173.22a(a) & (b), 179.100– commerce of various haz- 20(a), 179.200–24(a) & (b), ardous materials on rail cars 179.201–10(a), 179.220–25. without the required head stamping and without the ex- emption number on the rail car or the shipping paper. (Mode 2.)
[FR Doc. 02–2352 Filed 1–30–02; 8:45 am] the applications described herein. This Comments should refer to the BILLING CODE 4910–60–M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are Administration not repeated here. Requests for FOR FURTHER INFORMATION: Copies of the modifications of exemptions (e.g. to applications are available for inspection Office of Hazardous Materials Safety; provide for additional hazardous in the Records Center, Nassif Building, Notice of Applications for Modification materials, packaging design changes, 400 7th Street SW., Washington, DC or of Exemption additional mode of transportation, etc.) at http://dms.dot.gov. AGENCY: Research and Special Programs are described in footnotes to the This notice of receipt of applications Administration, DOT. application number. Application for modification of exemptions is numbers with the suffix ‘‘M’’ denote a ACTION: List of applications for published in accordance with part 107 modification request. These modification of exemptions. of the Federal hazardous materials applications have been separated from transportation law (49 U.S.C. 5117(b); the new applications for exemptions to SUMMARY: In accordance with the 49 CFR 1.53(b)). procedures governing the application facilitate processing. for, and the processing of, exemptions DATES: Comments must be received on Issued in Washington, DC, on January 25, from the Department of Transportation’s or before February 15, 2002. 2002. Hazardous Materials Regulations (49 ADDRESSES COMMENTS TO: Records R. Ryan Posten, CFR part 107, subpart B), notice is Center, Research and Special Programs, Exemptions Program Officer, Office of hereby given that the Office of Administration, U.S. Department of Hazardous Materials, Exemptions and Hazardous Materials Safety has received Transportation, Washington, DC 20590. Approvals.
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Application Modification of No. Docket No. Applicant Exemption
7657–M Welker Engineering Company, SugarLand, TX (see Footnote 1) ...... 7657 9221–M Applied Companies, Valencia, CA (See Footnote 2) ...... 9221 9880–M GE Reuter-Stokes, Twinsburg, OH (See Footnote 3) ...... 9880 9940–M GE Reuter-Stokes, Twinsburg, OH (See Footnote 4) ...... 9940 11316–M TRW Automotive Occupant Safety Systems, Queen Creek, AZ (See Footnote 5) ...... 11316 11803–M Chart, Inc. (Storage Systems Div.), Plaistow, NH (See Footnote 6) ...... 11803 12339–M RSPA–99– Air Products and Chemicals, Inc., Allentown, PA (See Footnote 7) ...... 12339 6201 12866–M RSPA–01– Delta Air Lines (Technical Operations Center), Atlanta, GA (See Footnote 8) ...... 12866 11096 12885–M RSPA–01– United States Dept. of Agriculture, Missoula, MT (See Footnote 9) ...... 12885 11209 (1) To modify the exemption to authorize the transportation of an additional Division 2.3 material in non-DOT specification cylinders. (2) To modify the exemption to authorize cargo vessels as an additional mode for transporting Division 2.2 materials in non-DOT specification stainless steel cylinders. (3) To modify the exemption to authorize the transportation of an additional Division 2.2 material in non-DOT specification containers de- scribed as hermetically sealed electron tube devices. (4) To modify the exemptions to authorize the transportation of an additional 2.2 materials in non-DOT specification containers described as hermetically sealed electron tube devices. (5) To modify the exemption to authorize the transportation of a Division 1.4G and additional 1.4S material for shipment to additional TRW fa- cilities and to increase quantity of power devices or igniters per tray from 16 to 36. (6) To modify the exemption to authorize an increase of the maximum gross weight on rail from 263,000 lbs. to 286,000 lbs. for the transpor- tation of Division 2.2 materials in DOT Specification tank cars. (7) To modify the exemption to authorize the transportation of an additional Division 2.3 material in DOT Specification 3AL aluminum cylinders via cargo vessel. (8) To reissue the exemption orginally issued on an emergency basis and to remove certain special provisions/requirements for the non-DOT specification cylinders containing Division 2.2 materials that have inadvertently been mis-marked. (9) To reissue the exemption orginally issued on an emergency basis for the transportation of gasoline in a non-DOT specification steel drum with a pump installed mounted in a helitorch frame.
[FR Doc. 02–2353 Filed 1–30–02; 8:45 am] Income Tax Treaties (1.1441–1(e), INTL–32–93; INTL–52–86; INTL–52– BILLING CODE 4910–60–M 1.1441–4(a)(2), 1.1441–4(b)(1) and (2), 94). 1.1441–4(c), (d), and (e), 1.1441– Abstract: This regulation prescribes 5(b)(2)(ii), 1.1441–5(c)(1), 1.1441–6(b) collections of information for foreign DEPARTMENT OF THE TREASURY and (c), 1.1441–8(b), 1.1441–9(b), persons that received payments subject 1.1461–1(b) and (c), 301.6114–1, to withholding under sections 1441, Internal Revenue Service 301.6402–3(e), and 31.340l(a)(6)–1(e)). 1442, 1443, or 6114 of the Internal Revenue Code. This information is used [REG–242282–97] DATES: Written comments should be received on or before April 1, 2002, to to claim foreign person status and, in Proposed Collection: Comment be assured of consideration. appropriate cases, to claim residence in Request for Regulation Project a country with which the United States ADDRESSES: Direct all written comments has an income tax treaty in effect, so AGENCY: Internal Revenue Service (IRS), to George Freeland, Internal Revenue that withholding at a reduced rate of tax Treasury. Service, room 5244, 1111 Constitution may be obtained at source. The ACTION: Notice and request for Avenue, NW., Washington, DC 20224. regulation also prescribes collections of comments. FOR FURTHER INFORMATION CONTACT: information for withholding agents. Requests for additional information or This information is used by withholding SUMMARY: The Department of the copies of the regulation should be agents to report to the IRS income paid Treasury, as part of its continuing effort directed to Larnice Mack, (202) 622– to a foreign person that is subject to to reduce paperwork and respondent 3179, or through the internet withholding under Code sections 1441, burden, invites the general public and ([email protected]), Internal 1442, and 1443. The regulation also other Federal agencies to take this Revenue Service, room 5244, 1111 requires that a foreign taxpayer claiming opportunity to comment on proposed Constitution Avenue, NW., Washington, a reduced amount of withholding tax and/or continuing information DC 20224. under the provisions of an income tax collections, as required by the SUPPLEMENTARY INFORMATION: treaty must disclose its reliance upon a Paperwork Reduction Act of 1995, treaty provision by filing Form 8833 Title: General Revision of Regulations Public Law 104–13(44 U.S.C. with its U.S. income tax return. 3506(c)(2)(A)). Currently, the IRS is Relating to Withholding of Tax on Current Actions: There is no change to soliciting comments concerning an Certain U.S. Source Income Paid to this existing regulation. existing final regulation, REG–242282– Foreign Persons and Related Collection, Type of Review: Extension of a 97 (TD 8734), General Revision of Refunds and Credits; Revision of currently approved collection. Regulations Relating to Withholding of Information Reporting and Backup Affected Public: Business or other for- Tax On Certain U.S. Source Income Paid Withholding Regulations; and Removal profit organizations, individuals or to Foreign Persons and Related of Regulations Under Part 35a and of households, not-for-profit institutions, Collection, Refunds and Credits; Certain Regulations Under Income Tax farms, and Federal, state, local or tribal Revision of Information Reporting and Treaties. governments. Backup Withholding Regulations; and OMB Number: 1545–1484. The burden for the reporting Removal of Regulations Under Part 35a Regulation Project Number: REG– requirements is reflected in the burden and of Certain Regulations Under 242282–97 (formerly INTL–62–90; of Forms W–8BEN, W08ECI, W–8EXP,
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W–8IMY, 1042, 1042S, 8233, 8833, and by OMB approval number, to OMB and OMB Reviewer: Alexander Hunt, (202) the income tax return of a foreign OTS at these addresses: Alexander 395–7860, Office of Management and person filed for purposes of claiming a Hunt, Office of Information and Budget, Room 10202, New Executive refund of tax. Regulatory Affairs, Office of Office Building, Washington, DC 20503. An agency may not conduct or Management and Budget, Room 10202, Dated: January 24, 2002. sponsor, and a person is not required to New Executive Office Building, Deborah Dakin, respond to, a collection of information Washington, DC 20503, or e-mail to unless the collection of information [email protected]; and Information Deputy Chief Counsel, Regulations and Legislation Division. displays a valid OMB control number. Collection Comments, Chief Counsel’s Books or records relating to a collection Office, Office of Thrift Supervision, [FR Doc. 02–2320 Filed 1–30–02; 8:45 am] of information must be retained as long 1700 G Street, NW., Washington, DC BILLING CODE 6720–01–P as their contents may become material 20552, fax to (202) 906–6518, or e-mail in the administration of any internal to revenue law. Generally, tax returns and [email protected]. DEPARTMENT OF VETERANS tax return information are confidential, OTS will post comments and the related AFFAIRS as required by 26 U.S.C. 6103. index on the OTS Internet Site at Request for Comments: Comments www.ots.treas.gov. In addition, Means Test Thresholds submitted in response to this notice will interested persons may inspect AGENCY: Department of Veterans Affairs. be summarized and/or included in the comments at the Public Reading Room, ACTION: Notice. request for OMB approval. All 1700 G Street, NW., by appointment. To comments will become a matter of make an appointment, call (202) 906– SUMMARY: As required by law, the public record. Comments are invited on: 5922, send an e-mail to Department of Veterans Affairs (VA) is (a) Whether the collection of [email protected], or send a hereby giving notice of cost-of-living information is necessary for the proper facsimile transmission to (202) 906– adjustments (COLA) for means test performance of the functions of the 7755. income limitations. These adjustments agency, including whether the FOR FURTHER INFORMATION CONTACT: To are based on the rise in the Consumer information shall have practical utility; obtain a copy of the submission to OMB, Price Index (CPI) during the one-year (b) the accuracy of the agency’s estimate contact Sally W. Watts at period ending September 30, 2001. of the burden of the collection of [email protected], (202) 906– DATES: These rates are effective January information; (c) ways to enhance the 7380, or facsimile number (202) 906– 1, 2002. quality, utility, and clarity of the 6518, Regulations and Legislation FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to Division, Chief Counsel’s Office, Office Roscoe Butler, Chief Policy and minimize the burden of the collection of of Thrift Supervision, 1700 G Street, Operations, Health Administration information on respondents, including NW., Washington, DC 20552. Service, (10C3), Veterans Health through the use of automated collection SUPPLEMENTARY INFORMATION: OTS may Administration, VA, 810 Vermont techniques or other forms of information not conduct or sponsor an information Avenue, NW., Washington, DC 20420, technology; and (e) estimates of capital collection, and respondents are not (202) 273–8302. (This is not a toll-free or start-up costs and costs of operation, required to respond to an information number.) maintenance, and purchase of services collection, unless the information to provide information. SUPPLEMENTARY INFORMATION: On collection displays a currently valid January 1 of each year, the Secretary is Approved: January 24, 2002. OMB control number. As part of the authorized under Title 38 United States George Freeland, approval process, we invite comments Code, section 1722 to increase the IRS Reports Clearance Officer. on the following information collection. means test income threshold levels by [FR Doc. 02–2418 Filed 1–30–02; 8:45 am] Title of Proposal: Minority Thrift the same percentage the maximum rates Certification Form. BILLING CODE 4830–01–P of pension benefits were increased OMB Number: 1550–0096. Form Number: OTS Form 1661. under section 5312(a) during the preceding calendar year. The means test DEPARTMENT OF THE TREASURY Description: This information is needed to help OTS remain a reliable income thresholds are used by the Veterans Health Administration (VHA) Office of Thrift Supervision source of information regarding the universe of minority-owned thrifts, in to determine whether a veteran must Submission for OMB Review; accordance with our responsibilities agree to pay a copayment for hospital Comment Request under Section 308 of the Financial and outpatient medical care services. Information Reform, Recovery and Based on a 2.6 percent increase in AGENCY: Office of Thrift Supervision Enforcement Act of 1989 (12 U.S.C. Pension Benefits effective December 1, (OTS), Treasury. 1463 note). 2001, and in accordance with 38 CFR ACTION: Notice and request for comment. Type of Review: Renewal. 3.29, the following income limitations for the Means Test Thresholds will be SUMMARY: Affected Public: Savings Associations. The proposed information effective January 1, 2002. collection requirement described below Estimated Number of Respondents: has been submitted to the Office of 32. Table 1—Means Test Thresholds Estimated Frequency of Response: Management and Budget (OMB) for Annually. (1) Veterans with no dependents: review, as required by the Paperwork Estimated Burden Hours per (a) Below Means Test Threshold: $24,304 (a) Above Means Test Threshold: $24,305 Reduction Act of 1995. OTS is soliciting Response: .5 hours. public comments on the proposal. (2) Veterans with 1 dependent: Estimated Total Burden: 16 hours. (a) Below Means Test Threshold: $29,168 DATES: Submit written comments on or Clearance Officer: Sally W. Watts, (a) Above Means Test Threshold: $29,169 before March 4, 2002. (202) 906–7380, Office of Thrift (3) Veterans with 2 dependents: ADDRESSES: Send comments, referring to Supervision, 1700 G Street, NW., (a) Below Means Test Threshold: $30,798 the collection by title of the proposal or Washington, DC 20552. (a) Above Means Test Threshold: $30,799
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(4) Veterans with 3 dependents: (b) The base rate with one dependent is attributable income and net worth is (a) Below Means Test Threshold: $32,428 $12,516 such that they are able to defray the (a) Above Means Test Threshold: $32,429 (c) Add $1,630 for each additional dependent expenses of care and must agree to pay above 5 (5) Veterans with 4 dependents: a copayment for hospital care and (a) Above Means Test Threshold: $34,058 Below the Means Test Threshold is outpatient medical services. (a) Below Means Test Threshold: $34,059 defined as those veterans whose (6) Veterans with 5 dependents: attributable income and net worth is Dated: January 23, 2002. (a) Above Means Test Threshold: $35,688 Anthony J. Principi, (a) Below Means Test Threshold: $35,689 such that they are unable to defray the (7) Child Income Exclusion is: $7,450 expenses of care and therefore are not Secretary of Veterans Affairs. (8) The Medicare deductible is $812 subject to copay charges for hospital and [FR Doc. 02–2365 Filed 1–30–02; 8:45 am] (9) Maximum annual Rate of Pension outpatient medical services. BILLING CODE 8320–01–P effective 12/1/2001 are: Above the Means Test Threshold is (a) The base rate is $9,556 defined as those veterans whose
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Notices Federal Register Vol. 67, No. 21
Thursday, January 31, 2002
This section of the FEDERAL REGISTER EIS analyzed and disclosed Coordination With Other Agencies contains documents other than rules or environmental effects of eight The Forest Service is the lead agency proposed rules that are applicable to the alternatives, six of which involved public. Notices of hearings and investigations, with the responsibility to prepare this application of up to thirteen different draft SEIS. Other agencies and local committee meetings, agency decisions and herbicides, including glyphosate and rulings, delegations of authority, filing of governments will be invited to petitions and applications and agency triclopyr. The selected alternative in the participate, as appropriate. statements of organization and functions are ROD established broad Regional policy examples of documents appearing in this as to methods that may be used to Commenting section. control competing vegetation during A draft SEIS is expected to be reforestation projects. This policy available for public review and permits consideration of all methods at comment in March, 2002. The comment DEPARTMENT OF AGRICULTURE the project-specific planning level, but period for the draft SEIS will extend 45 requires that herbicides be used only days from the date its availability is Forest Service where essential to achieve the project- published in the Federal Register and in specific resource management Vegetation Management for the Sacramento Bee, the Newspaper of objectives. This policy reflected Reforestation Record. National USDA policy at that time. The Comments received on the draft SEIS, AGENCY: Forest Service, USDA. ROD also established specific including names and addresses of those ACTION: Notice of intent to prepare a restrictions on uses of certain who comment, will be considered part supplemental environmental impact herbicides. of the public record for this proposed statement. A recent Court decision, based on a action, and will be available for public lawsuit filed by the Californians for inspection. Additionally, pursuant to 7 SUMMARY: The Department of Alternatives to Toxics and two other CFR 1.27(d), any persons may request Agriculture, Forest Service, Pacific organizations opposing implementation the agency to withhold a submission Southwest Region (Region) will prepare of the Cottonwood Fire Vegetation from the public record by showing how a supplemental environmental impact Management Project (Sierraville Ranger the Freedom of Information (FOIA) statement (SEIS) to the Region’s 1988 District, Tahoe National Forest), ordered permits such confidentiality. Persons EIS ‘‘Vegetation Management for the Forest Service to supplement this requesting such confidentiality should Reforestation’’ as directed by the Court programmatic EIS to disclose specific be aware that, under the FOIA, in a recent United States District Court environmental effects. These effects are confidentiality may be granted in only Decision in Californians for Alternatives endrocrine disruption, immunotoxicity, very limited circumstances, such as to to Toxics, Et Al. v. Michael Dombeck, Et and neurotoxicity in humans and other protect trade secrets. The Forest Service Al., CIV. S–00–2016 LKK/JFM. This animals, associated with the use of will inform the requester of the SEIS will analyze environmental effects glyphosate and triclopyr during Agency’s decision regarding the request at the programmatic level on animal reforestation projects in the Region. for confidentiality, and where the endrocrine disruption, immunotoxicity, request is denied, the Agency will and neurotoxicity, associated with the Proposed Action return the submission and notify the use of the herbicides glyphosate and The Forest Service proposes to requester that the comments may be triclopyr during reforestation projects in resubmitted with or without name and the Region. Supplement the EIS, as directed by the Court. address. DATES: The public is not asked to The Forest Service believes that it is provide any additional information at Scoping Process important to give reviewers notice of this time. A draft SEIS will be circulated several court rulings related to public for public review in March, 2002. The This Notice of Intent will not initiate participation in the environmental comment period for the draft SEIS will an additional scoping process. The review process. First, reviews of draft extend 45 days from the date its Judge’s Order in Californians for environmental impact statements must availability is published in the Federal Alternatives to Toxics, Et Al. v. Michael structure their participation in the Register and the Sacramento Bee, the Dombeck, Et Al., CIV. S–00–2016 LKK/ environmental review of the proposal so Newspaper of Record. A final SEIS is JFM identified the scope of the draft that it is meaningful and alerts the expected to be released in May, 2002. SEIS. No additional public comment is agency to the reviewer’s position and invited on this proposal to prepare the FOR FURTHER INFORMATION CONTACT: John contentions. Vermont Yankee Nuclear draft SEIS. Fiske, Team Leader, USDA Forest Power Corp. v. NRDC, 435 U.S. 519, 533 Service, 1323 Club Drive, Vallejo, CA Decision To Be Made and Responsible (1978). Also, environmental objections 94592. Phone number (707) 562–8687. Official that could be raised at the draft SUPPLEMENTARY INFORMATION: environmental impact statement stage, The Regional Forester, Pacific but that are not raised until after Background Southwest Region, will decide whether, completion of the final environmental The Region prepared a final and if so how, to revise the ROD for the impact statement, may be waived or programmatic EIS ‘‘Vegetation EIS. dismissed by the courts. City of Angoon Management for Reforestation’’ in The responsible official is the v. Hodel, 803 F.2d 1016, 1022 (9th Cir. December, 1988, and issued a Record of Regional Forester, 1323 Club Drive, 1986) and Wisconsin Heritage, Inc. v. Decision (ROD) in February, 1989. The Vallejo, California 94592. Harris, 490 F. Supp. 1334 (E.D. Wis.
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1980). Because of these court rulings, it Dated: January 22, 2002. DEPARTMENT OF AGRICULTURE is very important that those interested Dale Hom, in this proposed action participate by Forest Supervisor, Olympic National Forest. Forest Service the close of the 45-day comment period [FR Doc. 02–2305 Filed 1–30–02; 8:45 am] North Gifford Pinchot National Forest so that substantive comments and BILLING CODE 3410–11–M objections are made available to the Resource Advisory Committee Meeting Forest Service at a time when the Notice Agency can meaningfully consider them DEPARTMENT OF AGRICULTURE AGENCY: Forest Service, USDA. and respond to them in the final ACTION: Notice of meeting. supplemental environmental impact Forest Service statement. SUMMARY: The North Gifford Pinchot Fresno County Resource Advisory National Forest Resource Advisory Comments on the draft SEIS should Committee be as specific as possible. It is also Committee will meet on Tuesday, helpful if comments refer to specific AGENCY: Forest Service, USDA. February 12, 2002, at the Lewis County pages or chapters of the draft Law and Justice Center (old county ACTION: Notice of Resource Advisory annex building), 345 West Main Street, supplemental statement. Comments may meeting. also address the adequacy of the draft Chehalis, Washington. The meeting will SEIS. Reviewers may wish to refer to the SUMMARY: Pursuant to the authorities in begin at 10 a.m. and continue until 5 Council on Environmental Quality the Federal Advisory Committee Act of p.m. The purpose of the meeting is to: Regulations for implementing the (1) Consider staffing needs, 1972 (Pub. L. 92–463) and under the (2) Discuss the project approval procedural provisions of the National secure Rural Schools and Community process, and Environmental Policy Act at 40 CFR Self-Determination Act of 2000 (Public (3) Provide for a Public Open Forum. 1503.3 in addressing these points. Law 106–393) the Sierra and Sequoia All North Gifford Pinchot National Dated: January 24, 2002. National Forests’ Resource Advisory Forest Resource Advisory Committee Committee (RAC) for Fresno County Jack A. Blackwell, meetings are open to the public. will meet on February 19, 2002, 6:30– Regional Forester, Pacific Southwest Region. Interested citizens are encouraged to 9:30 p.m. The Fresno County Resource attend. The ‘‘open forum’’ provides [FR Doc. 02–2310 Filed 1–30–02; 8:45 am] Advisory Committee will meet at the opportunity for the public to bring BILLING CODE 3410–11–M Forest Supervisor’s office Clovis, CA. issues, concerns, and discussion topics The purpose of the meeting is for the to the Advisory Committee. The ‘‘open Resource Advisory Committee to receive DEPARTMENT OF AGRICULTURE forum’’ is scheduled as part of agenda project proposals for recommendations item (3) for this meeting. Interested to the Forest Supervisor for expenditure Forest Service speakers will need to register prior to of Fresno County Title II funds. the open forum period. The committee Olympic Provincial Advisory DATES: The Fresno RAC meeting will be welcomes the public’s written Committee held on February 19, 2002. The meeting comments on committee business at any will be held from 6:30 p.m. to 3:30 p.m. time. AGENCY: Forest Service, USDA. ADDRESSES: The Fresno County RAC FOR FURTHER INFORMATION CONTACT: meeting will be held at the Sierra Direct questions regarding this meeting ACTION: Notice of meeting. National Forest Supervisor’s office, 1600 to Tom Knappenberger, Public Officer, Tollhouse Road, CA. at (360) 891–5005, or written Forest SUMMARY: The Olympic Province Headquarters Office, Gifford Pinchot Advisory Committee (OPAC) will meet FOR FURTHER INFORMATION CONTACT: Sue Exline, USDA, Sierra National Forest, National Forest, 10600 NE. 51st Circle, on February 22, 2002. The meeting will Vancouver, WA 98682. be held at the Jamestown S’Klallam 1600 Tollhouse Road, Clovis, CA 93611, Tribal Center in Blyn, Washington. The (559) 297–0706 ext. 4804; E-MAIL Dated: January 25, 2002. meeting will begin at 9 a.m. and end at [email protected]. Claire Lavendel, approximately 3 p.m. Agenda topics are: SUPPLEMENTARY INFORMATION: Agenda Forest Supervisor. (1) Current status of key Forest issues; items to be covered include: (1) Review [FR Doc. 02–2311 Filed 1–30–02; 8:45 am] (2) Status update on the Resource and approve the Jan. 12, 2002 meeting BILLING CODE 3410–11–M Advisory Committees for Rural Schools notes; (2) Review the purpose of the and Community Self-Determination Act RAC; (3) Consideration of Title II Project of 2000; (3) Vacant committee positions; proposals from the public, the RAC DEPARTMENT OF AGRICULTURE (4) Open forum; and (5) Public members, the Pineridge/Kings River comments. Districts Ranger; and the Hume Lake Forest Service All Olympic Province Advisory District Ranger; (4) Determine the date South Gifford Pinchot National Forest Committee Meetings are open to the and location of the next meeting; (5) Resource Advisory Committee Meeting public. Interested citizens are encourage Public comment. The meeting is open to Notice to attend. the public. Public input opportunity will be provided and individuals will AGENCY: Forest Service, USDA. FOR FURTHER INFORMATION CONTACT: have the opportunity to address the ACTION: Notice of meeting. Direct questions regarding this meeting Committee at that time. to Ken Eldredge, Province Liaison, SUMMARY: The South Gifford Pinchot USDA, Olympic National Forest Dated: January 23, 2002. National Forest Resource Advisory Headquarters, 1835 Black Lake Blvd. Ray Porter, Committee will meet on Thursday, Olympia, WA 98512–5623, (360) 956– District Ranger. February 14, 2002, at the Skamania 2323 or Dale Hom, Forest Supervisor, at [FR Doc. 02–2285 Filed 1–30–02; 8:45 am] County Public Works Department (360) 956–2301. BILLING CODE 3410–11–M basement located in the Courthouse
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Annex, 170 N.W. Vancouver Avenue, within the time limits for the Public DEPARTMENT OF AGRICULTURE Stevenson, Washington. The meeting Forum. Written comments may be will begin at 10 a.m. and continue until submitted prior to the February 21st Natural Resources Conservation 5 p.m. The purpose of the meeting is to: meeting by sending them to Designated Service (1) Consider staffing needs, Federal Official Donna Short at the Sixmile-St. Charles Watershed, Pueblo (2) Discuss the project approval address given below. process, and County, Colorado (3) Provide for a Public Open Forum. FOR FURTHER INFORMATION CONTACT: For AGENCY: Natural Resources All South Gifford Pinchot National more information regarding this Conservation Service, USDA. Forest Resource Advisory Committee meeting, contact Designated Federal ACTION: Notice of a Finding of No meetings are open to the public. Official Donna Short; Sweet Home Significant Impact. Interested citizens are encouraged to Ranger District; 3225 Highway 20; attend. The ‘‘open forum’’ provides Sweet Home, Oregon 97386; (541) 367– SUMMARY: Pursuant to Section 102(2) (C) opportunity for the public to bring 9220. of the National Environmental Policy issues, concerns, and discussion topics Dated: January 24, 2002. Act of 1969; the Council on to the Advisory Committee. The ‘‘open Environmental Quality Regulations (40 Doris Tai, forum’’ is scheduled as part of agenda CFR part 1500); and the Natural item (3) for this meeting. Interested Acting Deputy Forest Supervisor. Resources Conservation Service speakers will need to register prior to [FR Doc. 02–2313 Filed 1–30–02; 8:45 am] Regulations (7 CFR part 650); the the open forum period. The committee BILLING CODE 3410–11–M Natural Resources Conservation Service, welcomes the public’s written U.S. Department of Agriculture, gives comments on committee business at any notice that an environmental impact time. DEPARTMENT OF AGRICULTURE statement is not being prepared for the FOR FURTHER INFORMATION CONTACT: Sixmile-St. Charles Watershed Project, Direct questions regarding this meeting Forest Service Pueblo County, Colorado. to Tom Knappenberger, Public Affairs FOR FURTHER INFORMATION CONTACT: Officer, at (360) 891–5005, or write Notice of Idaho Panhandle Resource Advisory Committee Meeting Allen Green, State Conservationist, Forest Headquarters Office, Gifford Natural Resources Conservation Service, Pinchot National Forest, 10600 NE. 51st AGENCY: Forest Service, USDA. 655 Parfet St., Lakewood, Colorado, Circle, Vancouver, WA 98682. 80215–5517, telephone (970) 544–2810. Dated: January 25, 2002. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: The Claire Lavendel, environmental assessment of this Forest Supervisor. SUMMARY: Pursuant to the authorities in Federally assisted action indicates that [FR Doc. 02–2312 Filed 1–30–02; 8:45 am] the Federal Advisory Committee Act the project will not cause significant BILLING CODE 3410–11–M (Pub. L. 92–463) and under the Secure local, regional, or national impacts on Rural Schools and Community Self- the environment. As a result of these Determination Act of 2000 (Pub. L. 106– findings, Allen Green, State DEPARTMENT OF AGRICULTURE 393) the Idaho Panhandle National Conservationist, has determined that the Forests’ Idaho Panhandle Resource preparation and review of an Forest Service Advisory Committee will meet Friday, environmental impact statement is not February 15, 2002, in Coeur d’Alene, needed for this project. Hood/Willamette Resource Advisory The project purpose is to reduce Committee Idaho for a business meeting. The meeting is open to the public. nitrates, selenium, sediment and other AGENCY: Forest Service, USDA. pollutant loading to the Arkansas River DATES: February 15, 2002. ACTION: Action of meeting. due to ineffective irrigation water ADDRESSES: The meeting location is the utilization. The planned works of SUMMARY: The Hood/Willamette Idaho Panhandle National Forests’ improvement include on-farm Resource Advisory Committee (RAC) Supervisor’s Office, located at 3815 underground irrigation pipelines, on- will meet on Thursday, February 21, Schreiber Way, Coeur d’Alene, Idaho farm concrete irrigation ditches, and 2002. The meeting is scheduled to begin 83815. structures for water control. These at 9 a.m. and will conclude at enduring practices are accompanied by approximately 5 p.m. The meeting will FOR FURTHER INFORMATION CONTACT: facilitating management practices such be held at the Wilsonville Chamber of Ranotta K. McNair, Forest Supervisor as Irrigation Water Management and Commerce and Clackamas County and Designated Federal Officer, at (208) Nutrient Management. Regional Visitor Information Center; 765–7223. The Notice of a Finding of No 29600 SW. Park Place; Wilsonville, Significant Impact (FNSI) has been Oregon 97070; (503) 682–0411. The SUPPLEMENTARY INFORMATION: Agenda forwarded to the Environmental tentative agenda includes: Process for topics will include review of project Protection Agency and to various Reviewing and Prioritizing Projects; proposals, developing criteria for project Federal, State and local agencies and Review of Title II Project Submissions; proposal review, finalizing the interested parties. A limited number of RAC Operating Expenses; Information submission form for proposals and copies of the FNSI are available to fill Sharing; Public Forum. receiving public comment. single copy requests at the above The Public Forum is tentatively Dated: January 24, 2002. address. Basic data developed during scheduled to begin at 4 p.m. Time the environmental assessment are on Ranotta K. McNair, allotted for individual presentations file and may be reviewed by contacting will be limited to 3–4 minutes. Written Forest Supervisor. Allen Green. comments are encouraged, particularly [FR Doc. 02–2314 Filed 1–30–02; 8:45 am] No administration action on if the material cannot be presented BILLING CODE 3410–11–M implementation of the proposal will be
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taken until 30 days after the date of this ACTION: Notice of amended preliminary Amendment of Preliminary publication in the Federal Register. determination of sales at not less than Determination (This activity is listed in the Catalog of fair value. The Department’s regulations provide Federal Domestic Assistance under NO. that the Department will correct any EFFECTIVE DATE: January 31, 2002. 10904, Watershed Protection and Flood significant ministerial error by Prevention, and is subject to the provisions FOR FURTHER INFORMATION CONTACT: amending the preliminary of Executive Order 12372, which requires David J. Goldberger or Margarita Panayi, determination. See 19 CFR 351.224(e). A intergovernmental consultation with State Import Administration, International and local officials). significant ministerial error is an error Trade Administration, U.S. Department the correction of which, either singly or Dated: January 24, 2002. of Commerce, 14th Street and in combination with other errors: (1) Dennis Alexander, Constitution Avenue, NW., Washington, Would result in a change of at least five DC 20230; telephone: (202) 482–4136 or Assistant State Conservationist. absolute percentage points in, but not (202) 482–0049, respectively. [FR Doc. 02–2378 Filed 1–30–02; 8:45 am] less than 25 percent of, the weighted- SUPPLEMENTARY INFORMATION: BILLING CODE 3410–16–P average dumping margin calculated in The Applicable Statute the original (erroneous) preliminary determination; or (2) would result in a Unless otherwise indicated, all COMMISSION ON CIVIL RIGHTS citations to the Tariff Act of 1930, as difference between a weighted-average dumping margin of zero (or de minimis) Sunshine Act Notice amended (‘‘the Act’’), are references to the provisions effective January 1, 1995, and a weighted-average dumping AGENCY: U.S. Commission on Civil the effective date of the amendments margin of greater than de minimis, or Rights. made to the Act by the Uruguay Round vice versa. See 19 CFR 351.224(g). After analyzing ProfilARBED’s Agreements Act (‘‘URAA’’). In addition, DATE AND TIME: Friday, February 8, 2002 submission, we have determined that unless otherwise indicated, all citations 9:30 a.m. ministerial errors were made in the to the Department of Commerce’s PLACE: U.S. Commission on Civil Rights, margin calculation for ProfilARBED in (‘‘Department’s’’) regulations are 624 Ninth Street, NW., Room 540, the preliminary determination. references to 19 CFR part 351 (April Washington, DC 20425. Specifically, (1) We inadvertently 2001). STATUS: included imputed inventory carrying Amended Preliminary Determination expenses in the calculation of the Agenda We are amending the preliminary constructed export price (CEP) profit I. Approval of Agenda determination of sales at less than fair rate; (2) we inadvertently allocated CEP II. Approval of Minutes of January 11, value for structural steel beams from profit to indirect selling expenses and 2011 Meeting inventory carrying expenses incurred III. Announcements Luxembourg to reflect the correction of ministerial errors made in the margin abroad; (3) we inadvertently deducted IV. Staff Director’s Report from CEP indirect selling expenses and V. State Advisory Committee calculations in that determination. Correcting these errors results in an inventory carrying expenses incurred Appointments for Alabama, District abroad; (4) we did not apply an of Columbia, Maryland, Virginia, amended preliminary determination that sales were made at not less than fair adjustment to the calculation of the and West Virginia variable cost of manufacturing in the VI. Report from a Number of SAC Chairs value. We are publishing this third country market as discussed in the About Activities in Their States amendment to the preliminary December 19, 2001, memorandum from VII. Future Agenda Items determination pursuant to 19 CFR 351.224(e). the Office of Accounting; and (5) we 10 a.m.—Environmental Justice Hearing inadvertently omitted billing (Part II) Case History adjustments from the calculation of the net third country market price used for CONTACT PERSON FOR FURTHER On December 19, 2001, the normal value. See Memorandum to INFORMATION: Les Jin, Press and Department preliminarily determined Louis Apple from The Team, dated Communications (202) 376–8312. that structural steel beams from Luxembourg are being, or are likely to January 16, 2002, for further discussion Debra A. Carr, be, sold in the United States at less than of ProfilARBED’s ministerial errors Deputy General Counsel. fair value (63 FR 67223; December 28, allegations and the Department’s [FR Doc. 02–2531 Filed 1–29–02; 2:17 pm] 2001). analysis. BILLING CODE 6335–01–M On January 2, 2002, we disclosed our Pursuant to 19 CFR 351.224(g)(2), the calculations for the preliminary ministerial errors acknowledged above determination to counsel for for ProfilARBED are significant because DEPARTMENT OF COMMERCE ProfilARBED, S.A. (‘‘ProfilaRBED’’) and the correction of the ministerial errors to counsel for petitioners. results in a difference between a International Trade Administration On January 7, 2002, we received a weighted-average dumping margin of submission, timely filed pursuant to 19 greater than de minimis and a weighted- [A–423–810] CFR 351.224(c)(2), from ProfilARBED average dumping margin of de minimis. Notice of Amended Preliminary alleging ministerial errors in the Therefore, we have recalculated the Determination of Sales at Not Less Department’s preliminary margin for ProfilARBED. The Than Fair Value and Postponement of determination. In its submission, Department hereby amends its Final Determination: Structural Steel ProfilARBED requested that these errors preliminary determination with respect Beams From Luxembourg be corrected and an amended to ProfilARBED to correct these errors. preliminary determination be issued In addition, as ProfilARBED is the sole AGENCY: Import Administration, reflecting these changes. We did not respondent in this investigation, this International Trade Administration, receive ministerial error allegations preliminary determination is negative. U.S. Department of Commerce. from the petitioners. Accordingly, we are terminating
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suspension of liquidation of all entries DEPARTMENT OF COMMERCE alleging a ministerial error in the of subject merchandise. Department’s preliminary The revised weighted-average International Trade Administration determination. In their submission, the petitioners stated that the correction of dumping margins are as follows: [A–583–838] this error would result in a significant change in the Department’s preliminary Exporter/manufacturer Weighted-average Notice of Amended Preliminary margin percentage Determination of Sales at Less Than determination. We did not receive ministerial error allegations from either ProfilARBED ...... 1.43 (de minimis) Fair Value: Structural Steel Beams From Taiwan respondent. Amendment of Preliminary Postponement of Final Determination AGENCY: Import Administration, Determination Pursuant to section 735(a)(2)(B) of the International Trade Administration, The Department’s regulations provide Act, on December 18, 2001, the Department of Commerce. ACTION: Notice of amended preliminary that the Department will correct any petitioners requested that, in the event significant ministerial error by of a negative preliminary determination determination of sales at less than fair value. amending the preliminary in this investigation, the Department determination. See 19 CFR 351.224(e). A postpone its final determination until EFFECTIVE DATE: January 31, 2002. significant ministerial error is an error not later than 135 days after the date of the correction of which, either singly or FOR FURTHER INFORMATION CONTACT: the publication of the preliminary Kate in combination with other errors: (1) determination in the Federal Register. Johnson or Rebecca Trainor, Import Would result in a change of at least five In accordance with 19 CFR Administration, International Trade absolute percentage points in, but not 351.210(b)(i), because our amended Administration, U.S. Department of less than 25 percent of, the weighted- preliminary determination is negative Commerce, 14th Street and Constitution average dumping margin calculated in and no compelling reasons for denial Avenue, NW., Washington, DC 20230; the original (erroneous) preliminary exist, we are granting the petitioners’ telephone: (202) 482–4929 or (202) 482– determination; or (2) would result in a request and are postponing the final 4007, respectively. difference between a weighted-average determination until no later than 135 SUPPLEMENTARY INFORMATION: Unless dumping margin of zero (or de minimis) days after the publication of the otherwise indicated, all citations to the and a weighted-average dumping Department’s original preliminary Tariff Act of 1930, as amended (the Act), margin of greater than de minimis, or determination notice in the Federal are references to the provisions effective vice versa. See 19 CFR 351.224(g). Register on December 28, 2002. January 1, 1995, the effective date of the After analyzing the petitioners’ Suspension of Liquidation amendments made to the Act by the submission, we have determined that a Uruguay Round Agreements Act. In ministerial error was made in the We will instruct the Customs Service addition, unless otherwise indicated, all margin calculation for Kuei Yi in the to terminate the suspension of citations to the Department of preliminary determination. Specifically, liquidation of all entries of structural Commerce’s (the Department’s) we inadvertently failed to convert Kuei steel beams from Luxembourg, regulations are references to 19 CFR part Yi’s home market discounts and rebates including those entries exported by 351 (April 2001). into U.S. dollars for the calculation of ProfilARBED, and release any cash home market net unit price. deposits, bonds, or other securities Amended Preliminary Determination Pursuant to 19 CFR 351.224(g)(1), the posted. These instructions will remain We are amending the preliminary ministerial error acknowledged above in effect until further notice. determination of sales at less than fair for Kuei Yi is significant because the value for structural steel beams from correction of the ministerial error results International Trade Commission Taiwan to reflect the correction of a in a change of at least five absolute Notification ministerial error made in the margin percentage points in, but not less than In accordance with section 733(f) of calculations in that determination. We 25 percent of, the weighted-average the Act, we have notified the are publishing this amendment to the dumping margin calculated in the International Trade Commission (‘‘ITC’’) preliminary determination pursuant to original preliminary determination. of the amended preliminary 19 CFR 351.224(e). Therefore, we have recalculated the margin for Kuei Yi. In addition, we have determination. As a result of this Case History amended preliminary determination, if recalculated the ‘‘All Others Rate.’’ The our final determination is affirmative, On December 19, 2001, the Department hereby amends its the ITC will determine within 75 days, Department preliminarily determined preliminary determination with respect rather than 45 days, of our final that structural steel beams from Taiwan to Kuei Yi to correct this error. determination whether these imports are being, or are likely to be, sold in the The revised weighted-average are materially injuring, or threaten United States at less than fair value (66 dumping margins are as follows: material injury to, the U.S. industry. FR 67202, December 28, 2001). On December 20 and 27, 2001, we Weighted- This amended preliminary average determination is published pursuant to disclosed our calculations for the Exporter/manufacturer margin mar- section 777(i)(1) of the Act and 19 CFR preliminary determination to counsel gin percent- 351.224(e). for Tung Ho Steel Enterprise Corp. age (Tung Ho) and Kuei Yi Industrial Co., Dated: January 24, 2002. Ltd. (Kuei Yi), respectively. On January Kuei Yi Industrial Co., Ltd ...... 34.56 Faryar Shirzad, 2, 2002, we disclosed our calculations to All Others ...... 25.45 Assistant Secretary for Import counsel for the petitioners. Administration. On January 7, 2002, we received a Suspension of Liquidation [FR Doc. 02–2411 Filed 1–30–02; 8:45 am] submission, timely filed pursuant to 19 In accordance with section 733(d)(2) BILLING CODE 3510–DS–P CFR 351.224(c)(2), from the petitioners of the Act, the Department will direct
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the Customs Service to continue to indicated, all citations to the products are outside and/or specifically suspend liquidation of all entries of Department of Commerce’s (the excluded from the scope of this structural steel beams from Taiwan that Department’s) regulations are to the investigation: (1) Structural steel beams are entered, or withdrawn from provisions codified at 19 CFR part 351 greater than 400 pounds per linear foot, warehouse, for consumption, on or after (2001). (2) structural steel beams that have a web or section height (also known as the date of publication of this notice in Significant Ministerial Error the Federal Register. The Customs depth) over 40 inches, and (3) structural Service shall continue to require a cash The Department of Commerce (the steel beams that have additional deposit or the posting of a bond equal Department) is amending the weldments, connectors or attachments to the estimated amount by which the preliminary determination of sales at to I-sections, H-sections, or pilings; normal value exceeds the U.S. price as less than fair value in the antidumping however, if the only additional shown above. These instructions will duty investigation of structural steel weldment, connector or attachment on remain in effect until further notice. beams from Germany to reflect the the beam is a shipping brace attached to correction of a significant ministerial maintain stability during transportation, International Trade Commission error made in the margin calculations the beam is not removed from the scope Notification regarding Stahlwerk Thu¨ ringen GmbH definition by reason of such additional In accordance with section 733(f) of (‘‘SWT’’) in that determination, weldment, connector or attachment. the Act, we have notified the pursuant to 19 CFR 341.224(g)(1) and The merchandise subject to this International Trade Commission of the (g)(2). A ministerial error is defined as investigation is classified in the amended preliminary determination. an error in addition, subtraction, or Harmonized Tariff Schedule of the This amended preliminary other arithmetic function, clerical error United States (‘‘HTSUS’’) at determination is published pursuant to resulting from inaccurate copying, subheadings 7216.32.0000, section 777(i) of the Act and 19 CFR duplication, or the like, and any other 7216.33.0030, 7216.33.0060, 351.224(e). similar type of unintentional error 7216.33.0090, 7216.50.0000, which the Secretary considers 7216.61.0000, 7216.69.0000, Dated: January 24, 2002. ministerial. See 19 CFR 351.224(f). A 7216.91.0000, 7216.99.0000, Faryar Shirzad, significant ministerial error is defined as 7228.70.3040, and 7228.70.6000. Assistant Secretary for Import an error, the correction of which, singly Although the HTSUS subheadings are Administration. or in combination with other errors, provided for convenience and customs [FR Doc. 02–2412 Filed 1–30–02; 8:45 am] would result in (1) a change of at least purposes, the written description of the BILLING CODE 3510–DS–P five absolute percentage points in, but merchandise under investigation is not less than 25 percent of, the dispositive. weighted-average dumping margin DEPARTMENT OF COMMERCE calculated in the original (erroneous) Ministerial-Error Allegation preliminary determination; or (2) a On December 19, 2001, the International Trade Administration difference between a weighted-average Department issued its affirmative [A–428–831] dumping margin of zero or de minimis preliminary determination in this and a weighted-average dumping proceeding. See Notice of Preliminary Notice of Amended Preliminary margin of greater than de minimis or Determination of Sales at Less Than Determination of Sales at Less Than vice versa. See 19 CFR 351.224(g). In Fair Value and Postponement of Final Fair Value: Structural Steel Beams this case, correction of the ministerial Determination: Structural Steel Beams From Germany error results in SWT’s margin becoming from Germany, 66 FR 67190 (December de minimis. We are publishing this 28, 2001) (Preliminary Determination). AGENCY: Import Administration, amendment to the preliminary There are two respondent International Trade Administration, determination pursuant to 19 CFR manufacturers/exporters, SWT and Department of Commerce. 351.224(e). As a result of this amended Salzgitter AG, in this investigation. ACTION: Notice of amended preliminary preliminary determination, we have On January 2, 2002, the Department antidumping duty determination of revised the antidumping rates for one received timely allegations of a sales at less than fair value: structural respondent, SWT. ministerial error (in accordance with steel beams from Germany. section 351.224(c)(2) of the Scope of Investigation Department’s regulations) in the EFFECTIVE DATE: January 31, 2002. The scope of this investigation covers Preliminary Determination from SWT. FOR FURTHER INFORMATION CONTACT: doubly-symmetric shapes, whether hot- SWT alleged that the Department Thomas Schauer or Edythe Artman, or cold-rolled, drawn, extruded, formed inadvertently did not convert quantity Import Administration, International or finished, having at least one adjustments for U.S. sales from pounds Trade Administration, U.S. Department dimension of at least 80 mm (3.2 inches to metric tons. On January 7, 2002, the of Commerce, 14th Street and or more), whether of carbon or alloy Department received timely allegations Constitution Avenue, NW., Washington, (other than stainless) steel, and whether of ministerial errors (in accordance with DC 20230; telephone: (202) 482–0410 or or not drilled, punched, notched, 351.224(c)(2)) in the Preliminary (202) 482–3931, respectively. painted, coated, or clad. These Determination from the Committee for structural steel beams include, but are Fair Beam Imports and its individual The Applicable Statute and Regulations not limited to, wide-flange beams (‘‘W’’ members, Northwestern Steel and Wire Unless otherwise indicated, all shapes), bearing piles (‘‘HP’’ shapes), Company, Nucor Corporation, Nucor- citations to the statute are references to standard beams (‘‘S’’ or ‘‘I’’ shapes), and Yamato Steel Company, and TXI- the provisions effective January 1, 1995, M-shapes. All the products that meet Chaparral Steel Company (‘‘the the effective date of the amendments the physical and metallurgical petitioners’’). The petitioners alleged made to the Tariff Act of 1930 (the Act) descriptions provided above are within that (1) the Department’s language for by the Uruguay Round Agreements Act the scope of this investigation unless converting quantities denominated in (URAA). In addition, unless otherwise otherwise excluded. The following pounds to metric tons is superfluous
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and (2) the Department’s calculation of liquidation instructions will remain in request for a hearing is made in this indirect selling expenses is incorrect effect until further notice. investigation, the hearing will because, according to the petitioners, tentatively be held two days after the the Department attempted to correct for Weighted- rebuttal-brief deadline date at the U.S. double-counting where none exists. average Exporter/manufacturer percentage Department of Commerce, 14th Street The Department has reviewed its margin and Constitution Avenue, NW., preliminary calculations and agrees that Washington, DC 20230. Parties should the error which SWT alleged does SWT ...... 0.96 confirm by telephone the time, date, and constitute a ministerial error within the Salzgitter AG ...... 35.75 place of the hearing 48 hours before the meaning of 19 CFR 351.224(f). All Others ...... 18.36 scheduled time. Furthermore, we determine that this is We will make our final determination Pursuant to section 733(d)(1)(A) and a ministerial error which rises to the no later than May 13, 2001. level of ‘‘significant errors’’ pursuant to section 735(c)(5)(A) of the Act, the This determination is issued and 19 CFR 351.224(g)(2), and we are Department normally may not include published in accordance with sections amending the Preliminary zero and de minimis weighted-average 733(f) and 777(i)(1) of the Act and 19 Determination to reflect the correction dumping margins and margins CFR 351.205(c). of this significant ministerial error made determined entirely under section 776 in the margin calculation for SWT in of the Act in the calculation of the ‘‘all- Dated: January 24, 2002. that determination, pursuant to 19 CFR others’’ deposit rate. However, such Faryar Shirzad, 351.224(e). See the SWT Amended rates were the only margins available in Assistant Secretary for Import Preliminary Calculation Memorandum this determination. Accordingly, the Administration. dated January 15, 2002. Department may, pursuant to section [FR Doc. 02–2413 Filed 1–30–02; 8:45 am] The Department does not agree that 735(c)(5)(B) of the Act, use ‘‘any BILLING CODE 3510–DS–P the errors which the petitioners alleged reasonable method’’ to calculate the all- constitute ministerial errors within the others rate. In this case, the Department meaning of 19 CFR 351.224(f). The first calculated the all-others rate by using a DEPARTMENT OF COMMERCE ‘‘error’’ alleged by the petitioners does simple average of the rates applicable to not appear to be an error at all but, SWT and Salzgitter AG. See Statement International Trade Administration rather, simply a suggestion to change of Administrative Action accompanying the programming language. The H.R. 5110, H.R. Doc. No. 316, Vol. 1, [A–821–814] petitioners suggested language would 103rd Congr. 2d Sess. at 873. have no effect on the margin. The Notice of Amended Preliminary International Trade Commission second error is a comment about our Determination of Sales at Less Than Notification methodology for calculating indirect Fair Value: Structural Steel Beams selling expenses. Because the In accordance with section 733(f) of From the Russian Federation methodology we used (described the Act, we have notified the ITC of our accurately by the petitioners) was amended preliminary determination. If AGENCY: Import Administration, neither inadvertent nor unintentional, our final determination is affirmative, International Trade Administration, this is not a ministerial error. Therefore, the ITC will determine before the later Department of Commerce. we have not changed our preliminary of 120 days after the date of the ACTION: Notice of amended preliminary calculations pursuant to either of the preliminary determination or 45 days antidumping duty determination of petitioners’ allegations. after our final determination whether sales at less than fair value: structural The collection of bonds or cash the domestic industry in the United steel beams from the Russian deposits and suspension of liquidation States is materially injured, or Federation. will be revised accordingly and parties threatened with material injury, by reason of imports, or sales (or the will be notified of this determination, in EFFECTIVE DATE: January 31, 2002. accordance with section 733(d) and (f) likelihood of sales) for importation, of of the Act. the subject merchandise. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Richard Rimlinger, Amended Preliminary Determination Public Comment Import Administration, International As a result of our correction of the Case briefs for this investigation must Trade Administration, U.S. Department ministerial error, we have determined be submitted to the Department no later of Commerce, 14th Street and that the following dumping margins than seven days after the date of the Constitution Avenue, NW., Washington, apply. In accordance with section final verification report issued in this DC 20230; telephone: (202) 482–3477 or 733(d)(2) of the Act, we are directing the proceeding. Rebuttal briefs must be filed (202) 482–4477, respectively. Customs Service to suspend liquidation five days from the deadline date for case The Applicable Statute and Regulations of all imports of subject merchandise briefs. A list of authorities used, a table from Germany, except for subject of contents, and an executive summary Unless otherwise indicated, all merchandise produced and exported by of issues should accompany any briefs citations to the statute are references to SWT (which has a de minimis weighted- submitted to the Department. Executive the provisions effective January 1, 1995, average margin), that are entered, or summaries should be limited to five the effective date of the amendments withdrawn from warehouse, for pages total, including footnotes. Section made to the Tariff Act of 1930 (the Act) consumption on or after the date of 774 of the Act provides that the by the Uruguay Round Agreements Act publication of this notice in the Federal Department will hold a public hearing (URTAA). In addition, unless otherwise Register. We will instruct the Customs to afford interested parties an indicated, all citations to the Service to require a cash deposit or the opportunity to comment on arguments Department of Commerce’s (the posting of a bond equal to the weighted- raised in case or rebuttal briefs, Department’s) regulations are to the average amounts as indicated in the provided that such a hearing is provisions codified at 19 CFR part 351 chart below. These suspension-of- requested by an interested party. If a (April 2001).
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Significant Ministerial Error the beam is a shipping brace attached to depreciation expense ratio of 11.86 The Department is amending the maintain stability during transportation, percent in its calculations. The preliminary determination of sales at the beam is not removed from the scope petitioners allege, however, that the less than fair value in the antidumping definition by reason of such additional Department did not include the duty investigation of structural steel weldment, connector or attachment. depreciation expense ratio in the The merchandise subject to this beams from the Russian Federation to computer program when calculating investigation is classified in the reflect the correction of significant normal value. See letter from the Harmonized Tariff Schedule of the ministerial error made in the margin petitioners alleging ministerial errors in United States (‘‘HTSUS’’) at calculations regarding Nizhny Tagil Iron the Preliminary Determination (January subheadings 7216.32.0000, and Steel Works (Tagil), pursuant to 19 9, 2002). 7216.33.0030, 7216.33.0060, On January 14, 2002, we received a CFR 341.224(g)(1) and (g)(2). A 7216.33.0090, 7216.50.0000, timely submission from Tagil rebutting ministerial error is defined as an error 7216.61.0000, 7216.69.0000, the petitioners assertion that the in addition, subtraction, or other 7216.91.0000, 7216,99.0000, Department’s miscalculation of scrap arithmetic function, clerical error 7228.70.3040, and 7228.70.6000. value is a ministerial error as defined in resulting from inaccurate copying, Although the HTSUS subheadings are section 351.224(f) of the Department’s duplication, or the like, and any other provided for convenience and customs regulations. Tagil contends that similar type of unintentional error purposes, the written description of the according to section 351.224(f) of the which the Secretary considers merchandise under investigation is Department’s regulations, a ministerial ministerial. See 19 CFR 351.224(f). A dispositive. error is limited to an ‘‘error in addition, significant ministerial error is defined as subtraction, or other arithmetic Period of Investigation an error, the correction of which, singly function, clerical error resulting from or in combination with other errors, The period of investigation (POI) is inaccurate copying, duplication, or the would result in (1) a change of at least October 1, 2000, through March 31, like, and any other similar type of five absolute percentage points in, but 2001. unintentional error which the Secretary not less than 25 percent of, the Ministerial-Error Allegation considers ministerial.’’ Tagil argues weighted-average dumping margin further that the petitioners have offered calculated in the original (erroneous) On December 19, 2001, the no basis for their proposed revised preliminary determinations or (2) a Department issued its affirmative Polish inflation rate calculation and that difference between a weighted-average preliminary determination in this the Department’s regulations do not dumping margin of zero or de minimis proceeding. See Notice of Preliminary permit the submission of new factual and a weighted average dumping margin Determination of Sales at Less Than information by parties to amend the of greater than de minimis or vice versa. Fair Value and Postponement of Final preliminary results. Therefore, Tagil See 19 CFR 351.224(g). As a result of Determination: Structural Steel Beams requests that the Department reject the this amended preliminary from the Russian Federation, 66 FR petitioners’ proposed inflation determination, we have revised the 67197 (December 28, 2001) (Preliminary calculation revision. antidumping rate for Tagil. Determination. We have reviewed our preliminary On January 7, 2002, the Department Scope of Investigation calculations and agree that the error received a timely allegation of a which Tagil alleged is ministerial The scope of this investigation covers ministerial error in the Preliminary within the meaning of 19 CFR 351.224(f) doubly-symmetric shapes, whether hot- Determination from Tagil. Tagil alleged because we unintentionally added or cold- rolled, drawn, extruded, formed that because it reported its recovered by- Tagil’s by-products, scrap, and wastes or finished, having at least one products, scrap, and wastes values as values to its factors of production when dimension of at least 80 mm (3.2 inches negative values, the Department actually we intended to credit such values from or more), whether of carbon or alloy added these values to Tagil’s factors of Tagil’s factors of production. We also (other than stainless) steel, and whether production in the computer program agree that the errors which the or not drilled, punched, notched, when it attempted to credit them from petitioners alleged are ministerial errors painted, coated, or clad. These Tagil’s factors of production. Tagil within the meaning of 19 CFR 351.224(f) structural steel beams include, but are argues that the Department should because we inadvertently did not not limited to, wide-flange beams (‘‘W’’ revise its computer program and add include the amount for depreciation in shapes), bearing piles (‘‘HP’’ shapes), these values to its factors of production our computer program calculation of standard beams (‘‘S’’ or ‘‘I’’ shapes), and so it can properly credit the recovered normal value and we also inflated the M-shapes. All the products that meet by-products, scrap, and wastes values. scrap value using an incorrect average the physical and metallurgical See letter from Tagil alleging a consumer price index figure for the POI. descriptions provided above are within ministerial error in the Preliminary Furthermore, we determine these are the scope of this investigation unless Determination (January 7, 2002). ministerial errors which rise to the level otherwise excluded. The following On January 9, 2002, the Department of ‘‘significant errors’’ pursuant to 19 products are outside and/or specifically received a timely allegation of CFR 351.224(g)(1) and (g)(2), because excluded from the scope of this ministerial errors in the Preliminary together these ministerial errors result investigation: (1) Structural steel beams Determination from the petitioners. The in a change of at least five absolute greater than 400 pounds per linear foot, petitioners alleged two ministerial percentage points in, and not less than (2) structural steel beams that have a errors: (1) The Department used the 25 percent of, the weighted-average web or section height (also known as wrong numerator or denominator in dumping margin calculated in the depth) over 40 inches, and (3) structural calculating the POI inflator for scrap original (erroneous) preliminary steel beams that have additional value, and (2) the Department did not determination. Therefore, we are weldments, connectors or attachments include the amount for depreciation in amending the Preliminary to I-sections, H-sections, or pilings; the computer program. According to the Determination to reflect the correction however, if the only additional petitioners, the Department noted in its of these significant ministerial errors weldment, connector or attachment on preliminary results, that it used a made in the margin calculations for
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Tagil in that determination, pursuant to briefs. A list of authorities used, a table DATES: The meeting will be held on 19 CFR 351.224(e). See Tagil’s Amended of contents, and an executive summary February 26, 2002. Preliminary Calculation Memorandum of issues should accompany any briefs ADDRESSES: The meeting will be held at dated January 28, 2002. submitted to the Department. Executive the RurAL CAP Building, 731 Gambell summaries should be limited to five Amended Preliminary Determination Street, Anchorage, AK. pages total, including footnotes. Section Council address: North Pacific As a result of our correction of the 774 of the Act provides that the Fishery Management Council, 605 W. ministerial error, we have determined Department will hold a public hearing 4th Ave., Suite 306, Anchorage, AK that the following dumping margin to afford interested parties an 99501–2252. apply. In accordance with section opportunity to comment on arguments FOR FURTHER INFORMATION CONTACT: Jane 733(d)(2) of the Act, we are directing the raised in case or rebuttal briefs, DiCosimo, NPFMC, 907–271–2809. Customs Service to suspend liquidation provided that such a hearing is of all imports of subject merchandise requested by an interested party. If a SUPPLEMENTARY INFORMATION: The from the Russian Federation, that are request for a hearing is made in this meeting will begin at 10 a.m. in the entered, or withdrawn from warehouse, investigation, the hearing will Board Room of the RurAL CAP for consumption on or after the date of tentatively be held two days after the Building, and conclude by 4:30 p.m. publication of this notice in the Federal rebuttal-brief deadline date at the U.S. The committee has been tasked by the Register. We will instruct the Customs Department of Commerce, 14th Street Council to provide recommendations on Service to require a cash deposit or the and Constitution Avenue, NW., a proposed regulatory change to the posting of a bond equal to the weighted- Washington, DC 20230. Parties should halibut subsistence fishery regulations average amount as indicated in the chart confirm by telephone the time, date, and in Alaska that would allow proxy below. This suspension-of-liquidation place of the hearing 48 hours before the fishing in the halibut subsistence fishery instructions will remain in effect until scheduled time. in certain subsistence fishing areas. further notice. Interested parties who wish to request Although non-emergency issues not a hearing, or to participate if one is contained in this agenda may come Weighted- requested, must submit a written before this group for discussion, those Exporter/manufacturer average request to the Assistant Secretary for issues may not be the subject of formal percentage action during this meeting. Action will margin Import Administration, U.S. Department of Commerce, Room 1870, within 30 be restricted to those issues specifically Tagil ...... 108.37 days of the publication of this notice. identified in this notice and any issues Russia-wide rate ...... 108.37 Requests should contain: (1) The party’s arising after publication of this notice name, address, and telephone number; that require emergency action under Because Tagil is the sole respondent (2) the number of participants; and (3) section 305(c) of the Magnuson-Stevens in this investigation and the sole a list of the issues to be discussed. Oral Fishery Conservation and Management Russian producer or exporter with sales presentations will be limited to issues Act, provided the public has been or shipments of subject merchandise to raised in the briefs. notified of the Council’s intent to take the United States during the POI, the We will make our final determination final action to address the emergency. recalculated margin for Tagil also no later than May 13, 2001. Special Accommodations applies to the Russia-wide rate. As a This determination is issued and result of our amendment, the Russia- published in accordance with sections This meeting is physically accessible wide rate has also been amended, and 733(f) and 777(i)(1) of the Act and 19 to people with disabilities. Requests for applies to all entries of the subject CFR 351.224(e). sign language interpretation or other auxiliary aids should be directed to merchandise except for entries from Dated: January 24, 2002. Tagil. Helen Allen, 907–271–2809, at least 5 Faryar Shirzad, working days prior to the meeting date. International Trade Commission Assistant Secretary for Import Notification Administration. Dated: January 28, 2002. Richard W. Surdi, In accordance with section 733(f) of [FR Doc. 02–2414 Filed 1–30–02; 8:45 am] BILLING CODE 3510–DS–M Acting Director, Office of Sustainable the Act, we have notified the ITC of our Fisheries, National Marine Fisheries Service. amended preliminary determination. If [FR Doc. 02–2406 Filed 1–30–02; 8:45 am] our final determination is affirmative, DEPARTMENT OF COMMERCE BILLING CODE 3510–22–S the ITC will determine before the later of 120 days after the date of the National Oceanic and Atmospheric preliminary determination or 45 days Administration after our final determination whether DEPARTMENT OF ENERGY the domestic industry in the United [I.D. 011402G] Federal Energy Regulatory States is materially injured, or North Pacific Fishery Management Commission threatened with material injury, by Council; Public Meeting reason of imports, or sales (or the [Docket No. EL02–55–000] likelihood of sales) for importation, of AGENCY: National Marine Fisheries the subject merchandise. Service (NMFS), National Oceanic and Notice of Filing Public Comment Atmospheric Administration (NOAA), January 25, 2002. Commerce. Case briefs for this investigation must Cogen Lyondell, Inc. ACTION: Notice of a committee meeting. be submitted to the Department no later Oyster Creek Limited Dynegy Power Corp than seven days after the date of the SUMMARY: The North Pacific Fishery Baytown Energy Center, L.P. final verification report issued in this Management Council’s (Council) Channel Energy Center, L.P. proceeding. Rebuttal briefs must be filed Halibut Subsistence Committee will Clear Lake Cogeneration, L.P. five days from the deadline date for case meet in Anchorage, AK. Corpus Christi Cogeneration, L.P.
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Pasadena Cogeneration, L.P. DEPARTMENT OF ENERGY may be filed electronically via the Texas City Cogeneration, L.P. internet in lieu of paper. See, 18 CFR Calpine Corporation, and Gregory Power Federal Energy Regulatory 385.2001(a)(1)(iii) and the instructions Partners, L.P. Commission on the Commission’s web site at http:/ /www.ferc.fed.us/efi/doorbell.htm. Take notice that on January 23, 2002, [Docket No. ER02–510–000] Cogen Lyondell, Inc. Oyster Creek C.B. Spencer, TPS Dell, LLC; Notice of Issuance of Limited, Dynegy Power Corp., Baytown Acting Secretary. Order Energy Center, L.P. Channel Energy [FR Doc. 02–2290 Filed 1–30–02; 8:45 am] Center, L.P., Clear Lake Cogeneration, January 25, 2002. BILLING CODE 6717–01–P L.P., Corpus Christi Cogeneration, L.P., TPS Dell, LLC (TPS Dell) submitted Pasadena Cogeneration, L.P., Texas City for filing a tariff that provides for the DEPARTMENT OF ENERGY Cogeneration, L.P., Calpine Corporation, sales of capacity, energy, and ancillary and Gregory Power Partners, L.P. (Texas services at market-based rates and for Federal Energy Regulatory QF’s or Petitioners) tendered for filing the reassignment of transmission Commission with the Federal Energy Regulatory capacity. TPS Dell also requested waiver Commission (Commission) a petition for of various Commission regulations. In [Docket No. ER02–501–000] enforcement of PURPA against the particular, TPS Dell requested that the Great Northern Paper, Inc.; Notice of Public Utility Commission of Texas Commission grant blanket approval Issuance of Order (PUCT), American Electric Power/ under 18 CFR part 34 of all future Central and Southwest Corporation, issuances of securities and assumptions January 25, 2002. Texas Utilities, and Reliant, Inc. of liability by TPS Dell. Great Northern Paper, Inc. (Great Any person desiring to intervene or to On January 22, 2002, pursuant to Northern) submitted for filing a rate protest this filing should file with the delegated authority, the Director, Office schedule that provides for the sale of Federal Energy Regulatory Commission, of Markets, Tariffs and Rates-Central, capacity, energy, and/or ancillary 888 First Street, NE., Washington, DC granted requests for blanket approval services at market-based rates and for under Part 34, subject to the following: 20426, in accordance with Rules 211 the reassignment of transmission Any person desiring to be heard or to and 214 of the Commission’s Rules of capacity. Great Northern also requested protest the blanket approval of Practice and Procedure (18 CFR 385.211 waiver of various Commission issuances of securities or assumptions of regulations. In particular, Great and 385.214). Protests will be liability by TPS Dell should file a Northern requested that the Commission considered by the Commission in motion to intervene or protest with the grant blanket approval under 18 CFR determining the appropriate action to be Federal Energy Regulatory Commission, Part 34 of all future issuances of taken, but will not serve to make 888 First Street, NE., Washington, DC securities and assumptions of liability protestants parties to the proceeding. 20426, in accordance with rules 211 and by Great Northern. Any person wishing to become a party 214 of the Commission’s rules of On January 22, 2002, pursuant to must file a motion to intervene. All such practice and procedure (18 CFR 385.211 delegated authority, the Director, Office motions or protests should be filed on and 385.214). of Markets, Tariffs and Rates-Central, or before the comment date, and, to the Absent a request to be heard in granted requests for blanket approval extent applicable, must be served on the opposition within this period, TPS Dell under Part 34, subject to the following: applicant and on any other person is authorized to issue securities and Any person desiring to be heard or to designated on the official service list. assume obligations or liabilities as a protest the blanket approval of This filing is available for review at the guarantor, indorser, surety, or otherwise issuances of securities or assumptions of Commission or may be viewed on the in respect of any security of another liability by Great Northern should file a Commission’s Web site at http:// person; provided that such issuance or motion to intervene or protest with the www.ferc.gov using the ‘‘RIMS’’ link, assumption is for some lawful object Federal Energy Regulatory Commission, select ‘‘Docket #’’ and follow the within the corporate purposes of TPS 888 First Street, N.E., Washington, D.C. instructions (call 202–208–2222 for Dell, compatible with the public 20426, in accordance with Rules 211 assistance). Protests and interventions interest, and is reasonably necessary or and 214 of the Commission’s Rules of may be filed electronically via the appropriate for such purposes. Practice and Procedure (18 CFR 385.211 Internet in lieu of paper; see 18 CFR The Commission reserves the right to and 385.214). 385.2001(a)(1)(iii) and the instructions require a further showing that neither Absent a request to be heard in public nor private interests will be opposition within this period, Great on the Commission’s Web site under the adversely affected by continued Northern is authorized to issue ‘‘e-Filing’’ link. approval of TPS Dell’s issuances of securities and assume obligations or Comment Date: February 4, 2002. securities or assumptions of liability. liabilities as a guarantor, indorser, C.B. Spencer, Notice is hereby given that the surety, or otherwise in respect of any deadline for filing motions to intervene security of another person; provided Acting Secretary. or protests, as set forth above, is that such issuance or assumption is for [FR Doc. 02–2368 Filed 1–30–02; 8:45 am] February 21, 2002. some lawful object within the corporate BILLING CODE 6717–01–M Copies of the full text of the Order are purposes of Great Northern, compatible available from the Commission’s Public with the public interest, and is Reference Branch, 888 First Street, NE., reasonably necessary or appropriate for Washington, DC 20426. The Order may such purposes. also be viewed on the Internet at http:/ The Commission reserves the right to /www.ferc.fed.us/online/rims.htm (call require a further showing that neither 202–208–2222 for assistance). public nor private interests will be Comments, protests, and interventions adversely affected by continued
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approval of Great Northern’s issuances located at 11211 Point East Drive, with information about their customers, of securities or assumptions of liability. Rancho Cordova, California. and any contracts, tariffs, and service Notice is hereby given that the For further information, please agreements. deadline for filing motions to intervene contact Elizabeth Molloy at (202) 208– Comment Date: February 12, 2002. or protests, as set forth above, is 0771 or John Mudre at (202) 219–1208. 3. Duke Energy Washington, LLC February 21, 2002. C.B. Spencer, Copies of the full text of the Order are [Docket No. ER02–795–000] Acting Secretary. available from the Commission’s Public Take notice that on January 18, 2002, Reference Branch, 888 First Street, N.E., [FR Doc. 02–2291 Filed 1–30–02; 8:45 am] Duke Energy Washington, LLC (Duke Washington, D.C. 20426. The Order may BILLING CODE 6717–01–P Washington) tendered for filing also be viewed on the Internet at pursuant to section 205 of the Federal http://www.ferc.fed.us/online/rims.htm Power Act its proposed FERC Electric DEPARTMENT OF ENERGY (call 202–208–2222 for assistance). Tariff No. 1. Comments, protests, and interventions Federal Energy Regulatory Duke Washington seeks authority to may be filed electronically via the Commission sell energy and capacity, as well as internet in lieu of paper. See, 18 CFR ancillary services, at market-based rates, 385.2001(a)(1)(iii) and the instructions [Docket No. EL01–122–001, et al.] together with certain waivers and on the Commission’s web site at preapprovals. Duke Washington also PJM Interconnection, L.L.C., et al.; http://www.ferc.fed.us/efi/doorbell.htm. seeks authority to sell, assign, or transfer Electric Rate and Corporate Regulation transmission rights that it may acquire C.B. Spencer, Filings in the course of its marketing activities. Acting Secretary. Duke Washington seeks an effective date [FR Doc. 02–2289 Filed 1–30–02; 8:45 am] January 25, 2002. Take notice that the following filings 60 days from the date of filing for its BILLING CODE 6717–01–P have been made with the Commission. proposed rate schedules. Any comments should be submitted in Comment Date: February 8, 2002. DEPARTMENT OF ENERGY accordance with Standard Paragraph E 4. California Independent System at the end of this notice. Operator Corporation Federal Energy Regulatory 1. PJM Interconnection, L.L.C. Commission [Docket No. ER02–798–000] [Docket No. EL01–122–001] Take notice that the California [Project No. 184–065 California] Take notice that on January 22, 2002, Independent System Operator El Dorado Irrigation District; Notice of PJM Interconnection, L.L.C. (PJM) Corporation, (ISO) on January 18, 2002, Public Meetings tendered for filing, pursuant to the tendered for filing a Participating Commission’s December 20, 2001 Generator Agreement between the ISO January 25, 2002. ‘‘Order Requiring the Filing of New and Gilroy Energy Center, LLC for The Federal Energy Regulatory Oversight Measures and Terminating acceptance by the Commission. Commission (Commission) is reviewing Investigation’’ and section 206 of the The ISO states that this filing has been the application for a new license for the Federal Power Act, revisions to the PJM served on Gilroy Energy Center, LLC El Dorado Project (FERC No. 184), Open Access Transmission Tariff, the and the California Public Utilities which was filed on February 22, 2000. Amended and Restated Operating Commission. The ISO is requesting The El Dorado Project, licensed to the El Agreement of PJM Interconnection, waiver of the 60-day notice requirement Dorado Irrigation District (EID), is L.L.C., and the PJM Transmission to allow the Participating Generator located on the South Fork American Owners Agreement to implement the Agreement to be made effective River, in El Dorado, Alpine, and transmission oversight procedures and September 7, 2001. Amador Counties, California. The practices described by PJM in its Comment Date: February 8, 2002. project occupies lands of the Eldorado November 2, 2001 transmission 5. Occidental Energy Marketing, Inc. National Forest. oversight report in Docket No. EL01– The EID, several state and federal 122–000. [Docket No. ER02–799–000] agencies, and several non-governmental Copies of this filing have been served Take notice that on January 18, 2002, agencies have asked the Commission for on all PJM Members and the state Occidental Energy Marketing, Inc. time to work collaboratively with a electric regulatory commissions in the (OEMI) petitioned the Federal Energy facilitator to resolve certain issues PJM control area. Regulatory Commission (Commission) relevant to this proceeding. These Comment Date: February 12, 2002. for acceptance of Occidental Energy meetings are a part of that collaborative Marketing, Inc. FERC Electric Rate 2. International Transmission Company process. On Monday, February 11, there Schedule No. 1; the issuance of certain will be a meeting of the aquatics- [Docket Nos. ER01–3000–003, RT01–101–003 blanket authorizations, and an hydrology workgroup. On Tuesday, and, EC01–146–003] authorization to sell electric capacity February 12, the recreation- Take notice that on January 22, 2002, and energy at market-based rates; and socioeconomics-visual resources International Transmission Company the waiver of certain Commission workgroup will meet. The meetings will (International Transmission) and DTE regulations. focus on further defining interests and Energy Company tendered a filing in OEMI intends to engage in wholesale the development of strategies to meet compliance with an order of the Federal electric capacity and energy purchases objectives. We invite the participation of Energy Regulatory Commission and sales as an electric power marketer. all interested governmental agencies, (Commission) issued on December 20, OEMI is not in the business of electric non-governmental organizations, and 2001, in the above-referenced dockets. power generation or transmission. OEMI the general public in this meeting. The December 20 Order directs is affiliated, however, with four Both meetings will be held from 9 am Applicants to submit a final updated list ‘‘qualifying facilities’’ under PURPA until 4 pm in the Sacramento Marriott, of all jurisdictional facilities, together and proposes to market some affiliate-
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generated electric power. OEMI is a service from ComEd to Alliant for the 12. Wisconsin Electric Power Company wholly owned subsidiary of Occidental period January 1, 2002 to April 1, 2003. [Docket No. ER02–806–000] Petroleum Corporation, which, through ComEd requests an effective date of Take notice that on January 18, 2002, affiliates, explores for, develops, January 1, 2002, and accordingly seeks Wisconsin Electric Power Company produces and markets crude oil and waiver of the Commission’s notice (Wisconsin Electric) tendered for filing natural gas and manufactures and requirements. A copy of this filing was a fully executed Master Power Purchase markets a variety of basic chemicals as served on Alliant. and Sale Agreement (Master well as specialty chemicals. Agreement), designated as FERC Electric Comment Date: February 8, 2002. Comment Date: February 8, 2002. Rate Schedule No. 108, between 6. Michigan Electric Transmission 9. Southwest Power Pool, Inc. Wisconsin Electric and Ameren Energy Company and Consumers Energy [Docket No. ER02–803–000] Inc., as agent for and on behalf of Union Company Electric Company d/b/a Amerenue, and Take notice that on January 18, 2002 [Docket No. ER02–800–000] Ameren Energy Generating Company Southwest Power Pool, Inc. (SPP) (Ameren). The Master Agreement sets Take notice that on January 18, 2002, submitted for filing four executed forth the general terms and conditions Consumers Energy Company service agreements for Firm Point-to- pursuant to which Wisconsin Electric (Consumers) and Michigan Electric point Transmission Service with and Ameren will enter into transactions Transmission Company (Michigan Southwestern Public Service Company for the purchase and sale of electric Transco) tendered for filing a Second d.b.a. Xcel Energy (Transmission capacity, energy, or other product Supplemental Notice of Succession and Customer), as Service Agreements No. related thereto. Wisconsin Electric a Revised Rate Schedule for Consumers 598 through 601. requests that this Master Agreement related to the transfer of transmission SPP seeks an effective date of March become effective immediately. assets from Consumers to Michigan 1, 2002 for Service Agreement 598, and Comment Date: February 8, 2002. Transco. The Second Supplemental an effective date of January 1, 2002 for 13. California Independent System Notice of Succession, and Revised Rate Service Agreement Nos. 599 through Operator Corporation Schedule are to become effective April 601. A copy of this filing was served on 1, 2001. the Transmission Customer. [Docket No. ER02–807–000] A full copy of the filing was served Comment Date: February 8, 2002. Take notice that on January 18, 2002, upon the Michigan Public Service the California Independent System Commission, and Customers Michigan 10. Wisconsin Power and Light Operator Corporation, (ISO) tendered for South Central Power Authority, Company filing with the Federal Energy Michigan Public Power Authority and [Docket No. ER02–804–000] Regulatory Commission (Commission) a Wolverine Power Supply Cooperative Meter Service Agreement for ISO were sent the Notice of Succession and Take notice that on January 18, 2002, Metered Entities between the ISO and related materials. Wisconsin Power and Light Company Gilroy Energy Center, LLC for Comment Date: February 8, 2002. (WPL), tendered for filing a Service acceptance by the Commission. 7. Maclaren Energy Inc. Agreement with WPPI and request to The ISO states that this filing has been terminate Service Agreement No. 39 served on Gilroy Energy Center, LLC [Docket No. ER02–801–000] under FERC Electric Tariff, Original and the California Public Utilities Take notice that on January 18, 2002, Volume No. 5. WPL indicates that Commission. The ISO is requesting Maclaren Energy Inc. (Maclaren) copies of the filing have been provided waiver of the 60-day notice requirement submitted for filing with the Federal to WPPI, Prairie du Sac and the Public to allow the Meter Service Agreement Energy Regulatory Commission Service Commission of Wisconsin. for ISO Metered Entities to be made (Commission) a letter approving its Comment Date: February 8, 2002. effective September 7, 2001. membership with the Western Systems Comment Date: February 8, 2002. Power Pool (WSPP). Maclaren requests 11. Wisconsin Electric Power Company 14. Northern States Power Company, that the Commission allow its [Docket No. ER02–805–000] membership in the WSPP to become (Minnesota) and Northern States Power effective on January 21, 2002. Take notice that on January 18, 2002, Company (Wisconsin) Maclaren states that a copy of this Wisconsin Electric Power Company [Docket No. ER02–808–000] filing has been provided to the WSPP (Wisconsin Electric) tendered for filing Take notice that on January 22, 2002, Executive Committee, the General a fully executed Master Power Purchase Northern States Power Company and Counsel, and the members of the WSPP. and Sale Agreement (Master Northern States Power Company Comment Date: February 8, 2002. Agreement), designated as FERC Electric (Wisconsin) jointly tendered for filing Rate Schedule No. 109, between 8. Commonwealth Edison Company revised tariffs sheets to NSP Electric Wisconsin Electric and Ameren Energy Rate Schedule FERC No. 2, contained in [Docket No. ER02–802–000] Marketing Company. The Master Xcel Energy Operating Companies FERC Take notice that on January 18, 2002, Agreement sets forth the general terms Electric Tariff, Original Volume Number Commonwealth Edison Company and conditions pursuant to which 3. The revised tariff sheets provide the (ComEd) submitted for filing an Wisconsin Electric and Ameren Energy annual update to Exhibits VII, VIII, and executed Dynamic Scheduling Marketing Company will enter into IX of the ‘‘Restated Agreement to Agreement (DSA) with Alliant Energy transactions for the purchase and sale of Coordinate Planning and Operations (Alliant) under the terms of ComEd’s electric capacity, energy, or other and Interchange Power and Energy Open Access Transmission Tariff product related thereto. Wisconsin between Northern States Power (OATT). The DSA provides the Electric requests that this Master Company (Minnesota) and Northern necessary arrangements for Dynamic Agreement become effective States Power Company (Wisconsin),’’ Scheduling under a Service Agreement immediately. accepted for filing in Docket No. ER01– for firm point-to-point transmission Comment Date: February 8, 2002. 1014–000.
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The NSP Companies request an filing, however, has been served on the Comment Date: February 12, 2002. effective date of January 1, 2002, Michigan Public Service Commission as 20. Southwest Power Pool, Inc. without suspension. The NSP a courtesy. Companies state that a copy of the filing Comment Date: February 12, 2002. [Docket No. ER02–796–000] has been served upon the State 17. Kansas Gas and Electric Company Take notice that on January 22, 2002, Commissions of Michigan, Minnesota, Southwest Power Pool, Inc. (SPP) North Dakota, South Dakota and [Docket No. ER02–811–000] submitted for filing an executed service Wisconsin. Take notice that on January 22, 2002, agreement for Firm Point-to-Point Comment Date: February 12, 2002. Western Resources, Inc. (d.b.a. Westar transmission Service with UtiliCorp 15. Pacific Gas and Electric Company Energy), on behalf of its wholly-owned United, Inc. (Transmission Customer). subsidiary Kansas Gas and Electric SPP seeks an effective date of January [Docket No. ER02–810–000] Company (KGE) (d.b.a. Westar Energy), 1, 2002 for this service agreement. A Take notice that on January 22, 2002, submitted for filing an Order 614 copy of this filing was served on the Pacific Gas and Electric Company compliant version of KGE’s Unit Transmission Customer. (PG&E) tendered for filing an Participation Power Agreement with Comment Date: February 12, 2002. amendment letter agreement Midwest Energy, Inc. (MWE), FERC No. (Amendment) to the Generator Special 184, dated November 17, 1993. The 21. Astoria Energy LLC Facilities and Interconnection purpose of this filing is to amend the [Docket No. ER01–3103–001] Agreements between Geysers Power previously signed Agreement between Take notice that on January 22, 2002, Company, LLC and PG&E (collectively, the parties to allow certain transactions Astoria Energy LLC (Astoria Energy) Parties). The Amendment extends the to be priced at rates below those filed with the Federal Energy Regulatory term of the Agreements. The filing does established by the Agreement as Commission (Commission) an not modify any rate levels. mutually agreed by the parties. This Amendment (Amendment) to its The Agreements were originally agreement is proposed to be effective Petition for Acceptance of Initial Rate accepted for filing by the Commission in January 1, 2002. Schedule, Waivers & Blanket Authority, FERC Docket No. ER00–3294–001 and Copies of the filing were served upon Docket No. ER01–3103–000. Astoria designated as Service Agreement No. 1 MWE and the Kansas Corporation Energy’s Amendment is filed pursuant under FERC PG&E Electric Tariff, Sixth Commission. to section 205 of the Federal Power Act Revised Volume No. 5. Comment Date: February 12, 2002. and Rules 205 and 207 of the Copies of this filing were served upon 18. New England Power Company Commission’s rules of Practice. Geysers Power Company, LLC, the Comment Date: February 12, 2002. California Independent System Operator [Docket No. ER02–812–000] Corporation, and the California Public Take notice that on January 22, 2002, Standard Paragraph Utilities Commission. New England Power Company (NEP) E. Any person desiring to be heard or Comment Date: February 12, 2002. submitted Original Service Agreement to protest such filing should file a No. 210 for Firm Local Generation 16. Renewable Energy Resources, LLC motion to intervene or protest with the Delivery Service between NEP and Federal Energy Regulatory Commission, [Docket No. ER02–809–000] Wheelabrator North Andover Inc. under 888 First Street, NE, Washington, DC Take notice that on January 22, 2002, NEP’s open access transmission tariff— 20426, in accordance with Rules 211 Renewable Energy Resources, LLC, a FERC Electric Tariff, Second Revised and 214 of the Commission’s Rules of Michigan limited liability company, Volume No. 9. Practice and Procedure (18 CFR 385.211 (Applicant) petitioned the Federal Comment Date: February 12, 2002. and 385.214). All such motions or Energy Regulatory Commission 19. Wolverine Power Supply protests should be filed on or before the (Commission) for acceptance of Cooperative, Inc. comment date. Protests will be Renewable Energy Resources, LLC’s considered by the Commission in FERC Electric Rate Schedule No. 1; the [Docket No. ER02–813–000] determining the appropriate action to be granting of certain blanket Take notice that on January 22, 2002, taken, but will not serve to make authorizations, including the authority Wolverine Power Supply Cooperative, protestants parties to the proceeding. to sell electric energy and capacity to Inc., submitted for filing proposed Any person wishing to become a party wholesalers at market-based rates; and changes to its First Revised Rate must file a motion to intervene. Copies the waiver of certain Commission Schedule FERC No. 4—Wholesale of this filing are on file with the regulations. Service to Member Distribution Commission and are available for public Applicant intents to engage in Cooperatives. The proposed change inspection. This filing may also be wholesale electric power and energy consists of a First Revised Page No. viewed on the Web at http:// purchases and sales as a marketer. 14.00, Rider ‘‘SB’’, to replace the www.ferc.gov using the ‘‘RIMS’’ link, Applicant is not in the business of Original Page No. 14.00, Rider ‘‘SB.’’ select ‘‘Docket#’’ and follow the generating or transmitting electric Wolverine requests an effective date of instructions (call 202–208–2222 for power. Applicant neither owns or February 1, 2002, for this First Revised assistance). Comments, protests and controls any transmission or operating Page No. 14.00. interventions may be filed electronically generational facilities, or has a Wolverine states that a copy of this via the Internet in lieu of paper. See, 18 franchised service area for the sale of filing has been served upon its member CFR 385.2001(a)(1)(iii) and the electricity to captive customers. cooperatives: Cherryland Electric instructions on the Commission’s Web Applicant is a privately owned Cooperative, Great Lakes Energy, site under the ‘‘e-Filing’’ link. company, and is not engaged in any Presque Isle Electric & Gas Co-op, other businesses. HomeWorks Tri-County Electric C.B. Spencer, Applicant does not currently sell Cooperative, Wolverine Power Acting Secretary. power to any person pursuant to the Marketing Cooperative, and the [FR Doc. 02–2367 Filed 1–30–02; 8:45 am] proposed Rate Schedule. A copy of its Michigan Public Service Commission. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY (Hanging Rock Plant) which will be whenever it considers the issuance of a constructed in Lawrence County, Ohio, Certificate of Public Convenience and Federal Energy Regulatory by Duke Energy Hanging Rock, L.L.C. Necessity. NEPA also requires us 3 to Commission The pipeline facilities would allow discover and address concerns the [Docket No. CP02–45–000] Texas Eastern to provide a total of public may have about proposals. We 250,000 dekatherms per day (dth/d) of call this ‘‘scoping’’. The main goal of the Texas Eastern Transmission. L.P.; transportation service to the Hanging scoping process is to focus the analysis Notice of Intent To Prepare an Rock Plant. Texas Eastern proposes to in the EA on the important Environmental Assessment for the have these facilities in service by environmental issues. By this Notice of Proposed Hanging Rock Lateral November 1, 2002. Texas Eastern seeks Intent, the Commission requests public Project and Request for Comments on authority to construct and operate: comments on the scope of the issues it Environmental Issues • 9.6 miles of 24-inch-diameter will address in the EA. All comments pipeline extending from milepost (MP) received are considered during the January 25, 2002. 562.18 on Texas Eastern’s 30-inch- preparation of the EA. State and local The staff of the Federal Energy diameter Line Nos. 10 and 15 (the Texas government representatives are Regulatory Commission (FERC or Eastern Interconnect) in Scioto County, encouraged to notify their constituents Commission) will prepare an Ohio, to the Hanging Rock Plant in of this proposed action and encourage environmental assessment (EA) that will Lawrence County, Ohio; them to comment on their areas of discuss the environmental impacts of • 150 feet of 20-inch-diameter concern. the Hanging Rock Lateral Project pipeline at the Texas Eastern The EA will discuss impacts that involving construction and operation of Interconnect; • could occur as a result of the facilities by Texas Eastern 150 feet of 12-inch-diameter construction and operation of the Transmission, L.P. (Texas Eastern) in pipeline at MP 2.1 on the Hanging Rock proposed project under these general 1 (Scioto and Lawrence Counties, Ohio). Lateral to interconnect with the existing headings: These facilities would consist of about Tennessee Gas Pipeline Company • 9.6 miles of 24-inch-diameter pipeline. (Tennessee) pipeline Scioto County, geology and soils This EA will be used by the Ohio; • water resources, fisheries, and Commission in its decision-making • 2 new metering and regulating wetlands process to determine whether the (M&R) stations (the Tennessee • vegetation and wildlife project is in the public convenience and Interconnect) at MP 2.1 in Scioto • endangered and threatened species County, Ohio, where the Hanging Rock necessity. • public safety Lateral and the Tennessee pipeline If you are a landowner receiving this • notice, you may be contacted by a cross; land use • pipeline company representative about • the Hanging Rock Plant M&R cultural resources the acquisition of an easement to station on the Hanging Rock Plant • air quality and noise construct, operate, and maintain the property at MP 9.6 in Lawrence County, • hazardous waste proposed facilities. The pipeline Ohio; and • appurtenant facilities. We will also evaluate possible company would seek to negotiate a alternatives to the proposed project or mutually acceptable agreement. The location of the project facilities is shown in appendix 2.2 portions of the project, and make However, if the project is approved by recommendations on how to lessen or the Commission, that approval conveys Land Requirements for Construction avoid impacts on the various resource with it the right of eminent domain. Construction of the proposed facilities areas. Alternatives routes that may be Therefore, if easement negotiations fail would require about 146.9 acres of land evaluated include moving segments of to produce an agreement, the pipeline including the construction right-of-way, the project to the east side of the Norfolk company could initiate condemnation extra work spaces, access roads, and & Western Railroad tracks. proceedings in accordance with state pipeyards. Following construction, Our independent analysis of the law. about 0.86 acre would be maintained as issues will be in the EA. Depending on A fact sheet prepared by the FERC new aboveground facility sites. The the comments received during the entitled ‘‘An Interstate Natural Gas remaining 146.04 acres of land would be scoping process, the EA may be Facility On My Land? What Do I Need restored and allowed to revert to its published and mailed to Federal, state, To Know?’’ was attached to the project former use. About 57.8 acres of this total and local agencies, public interest notice Texas Eastern provided to would be within the permanent pipeline groups, interested individuals, affected landowners. This fact sheet addresses a right-of-way. landowners, newspapers, libraries, and number of typically asked questions, the Commission’s official service list for including the use of eminent domain The EA Process this proceeding. A comment period will and how to participate in the The National Environmental Policy be allotted for review if the EA is Commission’s proceedings. It is Act (NEPA) requires the Commission to published. We will consider all available for viewing on the FERC take into account the environmental comments on the EA before we make Internet website (www.ferc.gov). impacts that could result from an action our recommendations to the Summary of the Proposed Project Commission. 2 The appendices referenced in this notice are not • Texas Eastern wants to construct a being printed in the Federal Register. Copies are To ensure your comments are pipeline lateral to provide service to the available on the Commission’s website at the considered, please carefully follow the Hanging Rock Power Plant, a 1,240 ‘‘RIMS’’ link or from the Commission’s Public instructions in the public participation Reference and Files Maintenance Branch, 888 First section beginning on page 5. megawatt gas-fired electric power plant Street, N.E., Washington, D.C. 20426, or call (202) 208–1371. For instructions on connecting to RIMS 1 Texas Eastern’s application was filed with the refer to the last page of this notice. Copies of the 3 ’’We’’, ‘‘us’’, and ‘‘our’’ refer to the Commission under Section 7 of the Natural Gas Act appendices were sent to all those receiving this environmental staff of the Office of Energy Projects and Part 157 of the Commission’s regulations. notice in the mail. (OEP).
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Currently Identified Environmental • Mail your comments so that they Similarly, the ‘‘CIPS’’ link on the Issues will be received in Washington, DC on FERC Internet website provides access or before (February 25, 2002). to the texts of formal documents issued We have already identified several Comments may also be filed by the Commission, such as orders, issues that we think deserve attention electronically via the Internet in lieu of notices, and rulemakings. From the based on a preliminary review of the paper. See 18 CFR 385.2001(a)(1)(iii) FERC Internet website, click on the proposed facilities and the and the instructions on the ‘‘CIPS’’ link, select ‘‘Docket #’’ from the environmental information provided by Commission’s web site at http:// CIPS menu, and follow the instructions. Texas Eastern. This preliminary list of www.ferc.gov under the ‘‘e-Filing’’ link For assistance with access to CIPS, the issues may be changed based on your and the link to the User’s Guide. Before CIPS helpline can be reached at (202) comments and our analysis. • you can file comments you will need to 208–2474. Six perennial and 8 intermittent create an account which can be created waterbodies would be crossed by open by clicking on ‘‘Login to File’’ and then C.B. Spencer, cut. Acting Secretary. • ‘‘New User Account.’’ About 4.53 acres of wetlands, We may mail the EA for comment. If [FR Doc. 02–2288 Filed 1–30–02; 8:45 am] including about 2.47 acres of forested you are interested in receiving it, please BILLING CODE 6717–01–P wetlands, would be crossed. return the Information Request • About 7.23 acres of upland forest (appendix 3). If you do not return the would be cleared. Information Request, you will be taken DEPARTMENT OF ENERGY • Three federally listed endangered or off the mailing list. threatened species may occur in the Federal Energy Regulatory proposed project area. Becoming an Intervenor Commission • About 117.7 acres of prime In addition to involvement in the EA Notice of Intent To File Application for agricultural land would be affected, scoping process, you may want to a New License including a total of about 0.86 acre of become an official party to the prime farmland soils that would convert proceeding known as an ‘‘intervenor’’. January 25, 2002. to industrial use. Intervenors play a more formal role in Take notice that the following notice • About 3.9 acres of residential the process. Among other things, of intent has been filed with the property would be affected. intervenors have the right to receive Commission and is available for public • A total of 16 residences are within copies of case-related Commission inspection: 50 feet of the construction work area documents and filings by other a. Type of filing: Notice of Intent to and 8 of these are within 10 feet. intervenors. Likewise, each intervenor File an Application for New License. • A total of 2 businesses are within 40 must provide 14 copies of its filings to b. Project No: 2100. feet of the construction right-of-way and the Secretary of the Commission and c. Date filed: January 11, 2002. 1 business is within 10 feet. must send a copy of its filings to all d. Submitted By: California Also, we have made a preliminary other parties on the Commission’s Department of Water Resources. service list for this proceeding. If you e. Name of Project: Feather River. decision to not address the impacts of f. Location: The Oroville Division, the nonjurisdictional facilities. We will want to become an intervenor you must file a motion to intervene according to State Water Facilities are located on the briefly describe their location and status Feather River, near the City of Oroville, in the EA. Rule 214 of the Commission’s Rules of Practice and Procedure (18 CFR in Butte County, California. Public Participation 385.214) (see appendix 2).4 Only g. Filed Pursuant to: Section 15 of the intervenors have the right to seek Federal Power Act, 18 CFR 16.6. You can make a difference by h. Pursuant to Section 16.19 of the providing us with your specific rehearing of the Commission’s decision. Affected landowners and parties with Commission’s regulations, the licensee comments or concerns about the project. is required to make available the By becoming a commentor, your environmental concerns may be granted intervenor status upon showing good information described in section 16.7 of concerns will be addressed in the EA the regulations. Such information is and considered by the Commission. You cause by stating that they have a clear and direct interest in this proceeding available from the licensee at The should focus on the potential California Department of Water environmental effects of the proposal, which would not be adequately represented by any other parties. You do Resources, 1416 Ninth Street, Room alternatives to the proposal (including 742, Sacramento, California 94236– alternative locations/routes), and not need intervenor status to have your environmental comments considered. 0001. measures to avoid or lessen i. FERC Contact: James Fargo, 202– environmental impact. The more Additional information about the proposed project is available from the 219–2848, [email protected]. specific your comments, the more useful j. Expiration Date of Current License: they will be. Please carefully follow Commission’s Office of External Affairs at (202) 208–1088 or on the FERC January 31, 2007. these instructions to ensure that your k. Project Description: The Oroville comments are received in time and website (www.ferc.gov) using the ‘‘RIMS’’ link to information in this facilities consist of the existing Oroville properly recorded: Dam and Reservoir, the Edward Hyatt • Send an original and two copies of docket number. Click on the ‘‘RIMS’’ link, select ‘‘Docket#’’ from the RIMS Powerplant, Thermalito Powerplant, your letter to: Linwood A. Watson, Jr., Thermalito Diversion Dam Powerplant, Acting Secretary, Federal Energy Menu, and follow the instructions. For assistance with access to RIMS, the Thermalito Forebay and Afterbay, and Regulatory Commission, 888 First St., associated recreational and fish and N.E., Room 1A, Washington, DC 20426 RIMS helpline can be reached at (202) 208–2222. wildlife facilities. The project has a total • Label one copy of the comments for installed capacity of 762,000 kilowatts.
the attention of Gas 2. 4 l. The licensee states its unequivocal • Interventions may also be filed electronically via Reference Docket No. CP02–045– the Internet in lieu of paper. See the previous intent to submit an application for a 000. discussion on filing comments electronically. new license for Project No. 2100.
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Pursuant to 18 CFR 16.9(b)(1) each Internet in lieu of paper. See, 18 CFR DEPARTMENT OF ENERGY application for a new license and any 385.2001(a)(1)(iii) and the instructions competing license applications must be on the Commission’s Web site under the Federal Energy Regulatory filed with the Commission at least 24 ‘‘e-Filing’’ link. Please include the Commission months prior to the expiration of the project number (P–1494–224) on any [Docket Nos. RM01–12–000 et al.] existing license. All applications for comments or motions filed. license for this project must be filed by k. Description of Project: Grand River Electricity Market Design and January 31, 2005. Dam Authority, licensee for the Structure; Notice of Technical A copy of the notice of intent is Pensacola Project, requests approval to Conference available for inspection and grant permission to Southwinds Marina reproduction at the Commission’s January 24, 2002. to install two new docks with 51 slips. Public Reference Room, located at 888 In the matter of RT01–2–001, RT01–10– The modifications would result in a First Street, NE, Room 2A, Washington, 000, RT01–15–000, RT01–34–000, RT01–35– total facility configuration of 6 docks DC 20426, or by calling (202) 208–1371. 000, RT01–67–000, RT01–74–000, RT01–75– with 144 slips. The proposed project is 000, RT01–77–000, RT01–85–000, RT01–86– The notice may be viewed on http:// on Grand Lake in Section 35, Township 000, RT01–87–000, RT01–88–000, RT01–94– www.ferc.fed.us/online/rims.htm (call 25 North, Range 22 East, Delaware 000, RT01–95–000, RT01–98–000, RT01–99– (202) 208–2222 for assistance). A copy County. 000, RT01–100–000, RT02–1–000, EL02–9– is also available for inspection and 000, PJM Interconnection, L.L.C., Allegheny reproduction at the address in item h l. Locations of the application: A copy Electric Cooperative, Inc., Atlantic City above. of the application is available for Electric Company, Baltimore Gas & Electric inspection and reproduction at the Company, Delmarva Power & Light C.B. Spencer, Commission’s Public Reference Room, Company, Jersey Central Power & Light Acting Secretary. located at 888 First Street, NE, Room Company, Metropolitan Edison Company, [FR Doc. 02–2292 Filed 1–30–02; 8:45 am] PECO Energy Company, Pennsylvania 2A, Washington, DC 20426, or by calling Electric Company, PPL Electric Utilities BILLING CODE 6717–01–P (202) 208–1371. The application may be Corporation, Potomac Electric Power viewed on the Web at www.ferc.gov. Company, Public Service Electric & Gas Call (202) 208–2222 for assistance. A Company, UGI Utilities Inc., Allegheny DEPARTMENT OF ENERGY copy is also available for inspection and Power, Avista Corporation, Montana Power Company, Nevada Power Company, Portland Federal Energy Regulatory reproduction at the address in item h above. General Electric Company, Puget Sound Commission Energy, Inc., Sierra Pacific Power Company, m. Individuals desiring to be included Southwest Power Pool, Inc., Avista Notice of Non-Project Use of Project on the Commission’s mailing list should Corporation, Bonneville Power Lands and Soliciting Comments, so indicate by writing to the Secretary Administration, Idaho Power Company, Motions To Intervene, and Protests of the Commission. Montana Power Company, Nevada Power Company, PacifiCorp, Portland General January 25, 2002. n. Comments, Protests, or Motions to Electric Company, Puget Sound Energy, Inc., Take notice that the following Intervene—Anyone may submit Sierra Pacific Power Company, GridFlorida hydroelectric application has been filed comments, a protest, or a motion to LLC, Florida Power & Light Company, with the Commission and is available intervene in accordance with the Florida Power Corporation, Tampa Electric for public inspection: requirements of Rules of Practice and Company, Carolina Power & Light Company, a. Application Type: Non-Project Use Procedure, 18 CFR 385.210, .211, .214. Duke Energy Corporation, South Carolina of Project Lands. In determining the appropriate action to Electric & Gas Company, GridSouth Transco, take, the Commission will consider all LLC, Entergy Services, Inc., Southern b. Project No.: P–1494–224. Company Services, Inc., California c. Date Filed: February 7, 2001. protests or other comments filed, but Independent System Operator, Corporation, d. Applicant: Grand River Dam only those who file a motion to Bangor Hydro-Electric Company, Central Authority. intervene in accordance with the Maine Power Company, National Grid USA, e. Name of Project: Pensacola Project. Commission’s Rules may become a Northeast Utilities Service Company, The f. Location: The project is located on party to the proceeding. Any comments, United Illuminating Company, Vermont the Grand (Neosho) River in Craig, protests, or motions to intervene must Electric Power Company, ISO New England Delaware, Mayes, and Ottawa Counties, be received on or before the specified Inc., Midwest Independent System Operator, Oklahoma. This project does not utilize comment date for the particular Alliance Companies, NSTAR Services Company, New York Independent System Federal or Tribal lands. application. g. Filed Pursuant to: Federal Power Operator, Inc., Central Hudson Gas & Electric Act, 16 U.S.C. 791(a)–825(r). o. Agency Comments—Federal, state, Corporation, Consolidated Edison Company h. Applicant Contact: Bob Sullivan, and local agencies are invited to file of New York, Inc., Niagara Mohawk Power Corporation, New York State Electric & Gas Grand River Dam Authority, P.O. Box comments on the described application. A copy of the application may be Corporation, Orange & Rockland Utilities, 409, Vinita, OK 74301, (918) 256–5545. Inc., Rochester Gas & Electric Corporation, i. FERC Contact: James Martin at obtained by agencies directly from the PJM Interconnection, L.L.C., Regional [email protected], or telephone Applicant. If an agency does not file Transmission Organizations, Regional (202) 208–1046. comments within the time specified for Transmission Organizations, Arizona Public j. Deadline for filing comments, filing comments, it will be presumed to Service Company, El Paso Electric Company, motions, or protests: March 4, 2002. have no comments. One copy of an Public Service Company of New Mexico, All documents (original and eight agency’s comments must also be sent to Tucson Electric Power Company, copies) should be filed with: Magalie the Applicant’s representatives. WestConnect RTO, LLC Roman Salas, Secretary, Federal Energy Take notice that the Staff of the Regulatory Commission, 888 First C.B. Spencer, Commission is convening a technical Street, NE, Washington, DC 20426. Acting Secretary. conference on February 5–7, 2002, to Comments, protests and interventions [FR Doc. 02–2293 Filed 1–30–02; 8:45 am] discuss the technical issues relating to may be filed electronically via the BILLING CODE 6717–01–P the Commission’s consideration of a
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standard market design for wholesale its increasing responsibilities. The 20426, during regular business hours. electric power markets. The conference Audit Report states that the list of Additionally, all comments may be will feature panel discussions on: (1) recommendations contained in Section viewed, printed, or downloaded Energy Markets and Operating Reserves; I.C. of the Audit Report is remotely via the Internet through (2) Generation Adequacy; (3) Market comprehensive and that it would be FERC’s home page using the RIMS link. Power Mitigation; (4) Transmission almost impossible to simultaneously User assistance for RIMS is available at Rights and Financial Rights; (5) implement all the recommendations 202–208–2222, or by e-mail to Transmission Tariff Transition; and (6) over the same time frame. Copies of the [email protected]. Audit Report are available for public Minimizing Implementation Costs. This C.B. Spencer, conference is intended to continue the inspection at the Commission in the Acting Secretary. discussions, begun at the public above-docketed proceeding. The Audit conference on January 22 and 23, 2002. Report is also available on the Internet [FR Doc. 02–2369 Filed 1–30–02; 8:45 am] Additional details about the conference at ww.ferc.gov/electric/bulkpower.htm. BILLING CODE 6717–01–P will be provided in a subsequent notice We invite written comments on the and posted on the Commission’s Web Audit Report’s list of specific site under RTO Activities. recommendations set forth in Section ENVIRONMENTAL PROTECTION Members of the Commission may I.C. Commenters are to state which of AGENCY attend the conference and participate in the recommendations, if any, they [OPP–34239B; FRL–6819–8] the discussions. All interested persons believe should be adopted and to may attend. prioritize those specific Lindane; Availability of Revised Risk The conference will be held from recommendations. Commenters also are Assessments approximately 9:30 a.m. to 5:00 p.m. to discuss an appropriate time frame for AGENCY: each day, in a room to be designated at implementation of those Environmental Protection the offices of the Federal Energy recommendations that they believe Agency (EPA). Regulatory Commission, 888 First should be adopted. ACTION: Notice. Street, NE, Washington, DC. The Comments are to be filed on two dates. The ISO is to file its comments on SUMMARY: This notice announces the Commission is inviting selected availability of the revised risk panelists on these topics to participate or before February 15, 2002. All other comments are to be filed on or before assessments, which include some new in these workshops; it is not at this time information not available at the time of entertaining requests to make March 1, 2002. The latter may respond to the ISO’s comments, in addition to the preliminary risk assessment, and presentations. There will be an related documents for the opportunity for non-panelists to submit commenting on the Audit Report as specified in the preceding paragraph. organochlorine pesticide, lindane. In comments in the above dockets. For addition, this notice starts a 60–day additional information about the Comments must contain an executive summary and must be no longer than 20 public participation period during conference, please contact Connie which the public is encouraged to Caldwell at (202) 208–2027. pages. To the extent possible, comments should be jointly filed by entities submit comments on the new C.B. Spencer, sharing similar views. Comments may information not available previously in Acting Secretary. be filed on paper or electronically via the preliminary risk assessments, and risk management ideas or proposals for [FR Doc. 02–2294 Filed 1–29–02; 8:45 am] the Internet. Those filing electronically lindane.. This action is in response to a BILLING CODE 6717–01–P do not need to make a paper filing. For paper filings, the original and 14 copies joint initiative between EPA and the of such comments should be submitted U.S. Department of Agriculture (USDA) DEPARTMENT OF ENERGY to the Office of the Secretary, Federal to increase transparency in the tolerance Energy Regulatory Commission, 888 reassessment process for Federal Energy Regulatory First Street, NE, Washington DC 20426 organophosphate and certain other, non- Commission and should refer to Docket No. PA02– organophosphate pesticides. DATES: Comments, identified by docket [Docket No. PA02–1–000] 1–000. Comments filed via the Internet must control number OPP– 34239B, must be Operational Audit of the California be prepared in WordPerfect, MS Word, received by EPA on or before April 1, Independent System Operator; Notice Portable Document Format, or ASCII 2002. of Filing and Request for Comments format. To file the document, access the ADDRESSES: Comments may be Commission’s Web site at www.ferc.gov submitted by mail, electronically, or in January 25, 2002. and click on ‘‘e-Filing,’’ and then follow person. Please follow the detailed Take notice that on January 25, 2002, the instructions. First time users will instructions for each method as Vantage Consulting, Inc. filed a report have to establish a user name and provided in Unit III. of the entitled Operational Audit of the password. The Commission will send an SUPPLEMENTARY INFORMATION. To ensure California Independent System Operator automatic acknowledgment to the proper receipt by EPA, it is imperative (Audit Report). The filing is in response sender’s e-Mail address upon receipt of that you identify docket control number to a Commission request for a proposal, comments. OPP–34239B in the subject line on the dated October 9, 2001, to perform an User assistance for electronic filing is first page of your response. operational audit of the California available at 202–208–0258 or by e-Mail FOR FURTHER INFORMATION CONTACT: Independent System Operator to [email protected]. Comments should Mark T. Howard, Special Review and Corporation (ISO). The Audit Report not be submitted to the e-Mail address. Reregistration Division (7508C), Office makes recommendations to the All comments will be placed in the of Pesticide Programs, Environmental Commission with respect to prospective Commission’s public files and will be Protection Agency, 1200 Pennsylvania improvements in California markets, available for inspection in the Ave., NW., Washington, DC 20460; including what improvements could Commission’s Public Reference Room at telephone number: (703) 308–8172; e- help the ISO in effectively performing 888 First Street, NE, Washington DC mail address: [email protected].
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SUPPLEMENTARY INFORMATION: 4 p.m., Monday through Friday, submitted for inclusion in the public excluding legal holidays. The PIRIB version of the official record. I. Does this Action Apply to Me? telephone number is (703) 305–5805. Information not marked confidential This action is directed to the public will be included in the public version III. How Can I Respond to this Action? in general, nevertheless, a wide range of of the official record without prior stakeholders will be interested in A. How and to Whom Do I Submit notice. If you have any questions about obtaining the revised risk assessments Comments? CBI or the procedures for claiming CBI, and submitting risk management please consult the person listed under You may submit comments through comments on lindane including FOR FURTHER INFORMATION CONTACT. environmental, human health, and the mail, in person, or electronically.To agricultural advocates; the chemical ensure proper receipt by EPA, it is IV. What Action is EPA Taking in this industry; pesticide users; and members imperative that you identify docket Notice? of the public interested in the use of control number OPP–34239B in the EPA is making available for public pesticides on food. As such, the Agency subject line on the first page of your viewing the revised risk assessments, has not attempted to specifically response. which include some new information describe all the entities potentially 1. By mail. Submit comments to: not available at the time of the affected by this action. If you have any Public Information and Records preliminary risk assessments, and questions regarding the applicability of Integrity Branch, Information Resources related documents for the this action to a particular entity, consult and Services Division (7502C), Office of organochlorine pesticide, lindane. the person listed under FOR FURTHER Pesticide Programs, Environmental These documents have been developed INFORMATION CONTACT. Protection Agency, 1200 Pennsylvania as part of the pilot public participation Ave., NW., Washington, DC 20460. process that EPA and USDA are now II. How Can I Get Additional 2. In person or by courier. Deliver using for involving the public in the Information, Including Copies of this comments to: Public Information and reassessment of pesticide tolerances Document or Other Related Documents? Records Integrity Branch, Information under the Food Quality Protection Act 1. Electronically. You may obtain Resources and Services Division, Office (FQPA), and the reregistration of electronic copies of this document and of Pesticide Programs, Environmental individual pesticides under the Federal other related documents from the EPA Protection Agency, Rm. 119, Crystal Insecticide, Fungicide, and Rodenticide Internet Home Page at http:// Mall #2, 1921 Jefferson Davis Hwy., Act (FIFRA). The pilot public www.epa.gov/. To access this Arlington, VA. The PIRIB is open from participation process was developed as document, on the Home Page select 8:30 a.m. to 4 p.m., Monday through part of the EPA–USDA Tolerance ‘‘Laws and Regulations,’’ ‘‘Regulations Friday, excluding legal holidays. The Reassessment Advisory Committee and Proposed Rules,’’ and then look up PIRIB telephone number is (703) 305– (TRAC), which was established in April the entry for this document under the 5805. 1998, as a subcommittee under the ‘‘Federal Register—Environmental 3. Electronically. Submit electronic auspices of EPA’s National Advisory Documents.’’ You can also go directly to comments by e-mail to: opp- Council for Environmental Policy and the Federal Register listings at http:// [email protected], or you can submit a Technology. A goal of the pilot public www.epa.gov/fedrgstr/. computer disk as described in this unit. participation process is to find a more To access information about this Do not submit any information effective way for the public to pesticide and obtain electronic copies of electronically that you consider to be participate at critical junctures in the the revised risk assessments and related CBI. Electronic comments must be Agency’s development of documents mentioned in this notice, submitted as an ASCII file, avoiding the organophosphate and certain other non- you can also go directly to the Home use of special characters and any form organophosphate pesticide risk Page for the Office of Pesticide Programs of encryption. Comments and data will assessments and risk management (OPP) at http://www.epa.gov/pesticides/ also be accepted on standard computer decisions. EPA and USDA began reregistration/lindane. disks in WordPerfect 6.1/8.0 or ASCII implementing this pilot process in 2. In person. The Agency has file format. All comments in electronic August 1998, to increase transparency established an official record for this form must be identified by the docket and opportunities for stakeholder action under docket control number control number OPP–34239B. Electronic consultation. The documents being OPP–34239B. The official record comments may also be filed online at released to the public through this consists of the documents specifically many Federal Depository Libraries. notice provide some new information referenced in this action, any public on the human health effects of lindane, B. How Should I Handle CBI comments received during an applicable and information on the revisions that Information that I Want to Submit to the comment period, and other information were made to the lindane preliminary Agency? related to this action, including any risk assessments, which where released information claimed as CBI. This official Do not submit any information to the public August 29, 2001 (66 FR record includes the documents that are electronically that you consider to be 45677) (FRL–6783–8), through a notice physically located in the docket, as well CBI. You may claim information that in the Federal Register. as the documents that are referenced in you submit to EPA in response to this In addition, this notice starts a 60–day those documents. The public version of document as CBI by marking any part or public participation period during the official record does not include any all of that information as CBI. which the public is encouraged to information claimed as CBI. The public Information so marked will not be submit comments on the new version of the official record, which disclosed except in accordance with information not available previously includes printed, paper versions of any procedures set forth in 40 CFR part 2. during the earlier public comment electronic comments submitted during In addition to one complete version of period for the lindane preliminary risk an applicable comment period, is the comment that includes any assessment, and risk management available for inspection in Rm. 119, information claimed as CBI, a copy of proposals or other comments on risk Crystal Mall #2, 1921 Jefferson Davis the comment that does not contain the management for lindane. The Agency is Hwy., Arlington, VA, from 8:30 a.m. to information claimed as CBI must be providing an opportunity, through this
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notice, for interested parties to provide provide the public with better unicom and Utah Jet Center with respect to their written comments on the new lindane service. applications. 3. It is further ordered that, to avail health effects information as well as risk ADDRESSES: Please file notifications of management proposals or ideas on availability with the Secretary, of the themselves of the opportunity to be lindane. Such comments and proposals Federal Communications Commission, heard, the applicants, Great Western could address ideas about how to Room 1–C804, 445 Twelfth Street, SW., and Utah Jet, must each file with the Commission, within 20 days of the manage dietary, occupational, or Washington, DC 20554. ecological risks on specific lindane use mailing of this Hearing Designation FOR FURTHER INFORMATION CONTACT: Order, a written notice of appearance in sites or crops across the United States or Roberto Mussendenn., Wireless in a particular geographic region of the triplicate, accompanied by a processing Telecommunications Bureau, at (202) fee of $9,020.00, stating their intentions country. To address dietary risk, for 418–1428. example, commenters may choose to to appear on the date fixed for the SUPPLEMENTARY INFORMATION: discuss the feasibility of lower This is a hearing and to present evidence on the application rates, increasing the time summary of the Federal issues specified in this Order, in interval between application and Communications Commission’s Hearing accordance 47 CFR. 1.221(c), (f) and (g). harvest (‘‘pre–harvest intervals’’), Designator Order, DA 01–2365, adopted 4. The Commission’s Reference modifications in use, or suggest on October 11, 2001 and released on Information Center SHALL SEND a copy alternative measures to reduce residues October 12, 2001. The full text is of this Order, via Certified Mail—Return contributing to dietary exposure. For available for inspection and copying Receipt Requested, to Great Western occupational risks, commenters may during normal business hours in the Aviation, 900 West 2500 North, Logan, suggest personal protective equipment FCC Reference Center, Room CY–A257, Utah 84321, and to Utah Jet Center, LLC, or technologies to reduce exposure to 445 12th Street, SW., Washington, DC P.O. Box 705, Logan, Utah 84321. workers and pesticide handlers. For 20554. The complete text may be 5. The Secretary of the Commission ecological risks, commenters may purchased from the Commission’s copy shall cause to have this Hearing Designation Order or a summary thereof suggest ways to reduce environmental contractor, Qualex International, 445 published in the Federal Register. exposure, e.g., exposure to birds, fish, 12th Street, SW., Room CY–B402, Washington, DC 20554. The full text 6. The time and place of the mammals, and other non-target comparative hearing will be specified in organisms. All comments and proposals may also be downloaded at: www.fcc.gov. Alternative formats are a subsequent Order, issued by the must be received by EPA on or before Enforcement Bureau. April 1, 2002 at the addresses given available to persons with disabilities by under Unit III.A. Comments and contacting Martha Contee at (202) 418– Federal Communications Commission. proposals will become part of the 0260 or TTY (202) 418–2555. William F. Caton, On November 24, 2000, Great Western Agency record for the pesticide Deputy Secretary. Aviation, Inc. (Great Western) filed an specified in this notice. [FR Doc. 02–2283 Filed 1–30–02; 8:45 am] application for renewal of aeronautical List of Subjects advisory (unicom) station KQA7 in BILLING CODE 6712–01–P Environmental protection, Chemicals, Logan, Utah. Unicom stations provide Pesticides and pests. information concerning flying FEDERAL COMMUNICATIONS conditions, weather, availability of COMMISSION Dated: January 17, 2002. ground services, and other information Lois A. Rossi, to promote the safe and expeditious [DA 01–2435] Director, Special Review and Reregistration operation of aircraft. On December 7, Implementation of the International Division, Office of Pesticide Programs. 2000, Utah Jet Center, LLC (Utah Jet Telecommunication Union Charges for [FR Doc. 02–2382 Filed 1–30–02; 8:45 am] Center) filed an application for a new Satellite Network Filings BILLING CODE 6560–50–S unicom station at the same location. Both applicants propose to provide AGENCY: Federal Communications service at Logan-Cache Airport, where Commission. there is no control tower or FAA flight FEDERAL COMMUNICATIONS ACTION: Notice. service station. Under § 87.215(b) of the COMMISSION Commission’s rules, only one unicom SUMMARY: In this document, the Commission establishes the information [WT Docket No. 01–287; DA 01–2365] station may be licensed at such airports. Accordingly, these applications are that U.S. satellite operators must file Great Western Aviation, Inc. and Utah mutually exclusive and must therefore with the Commission for compliance Jet Center, LLC be designated for comparative hearing. with the International Telecommunication Union (ITU) AGENCY: Federal Communications A. Ordering Clauses satellite cost recovery program, as Commission. 1. Accordingly, it is ordered that, modified by the recent meeting of the ACTION: Notice. pursuant to section 309(e) of the ITU Council. Specifically, the Communications Act of 1934, as Commission requires licensees and SUMMARY: In this document, the FCC amended, 47 U.S.C. 309(e), and applicants for certain satellite network consolidates the proceeding of Great § 1.221(a) of the Commission’s Rules, 47 applications and filings to provide Western Aviation and Utah Jet Center CFR 1.221(a), the parties’ applications specific information regarding the LLC., application for renewal of are designated for hearing in a contact persons for such charges. aeronautical advisory (unicom).station consolidated proceeding to resolve the Contact information must accompany KQA7 in Logan, Utah. This issues. all relevant future filings. This Notice consolidation allows both parties to 2. It is further ordered that the burden will help U.S. satellite operators meet have a comparative hearing. This gives of proceeding with the introduction of the requirements of the ITU as the ITU the commission an opportunity to evidence with respect to all the issues implements its recently adopted cost determine which applicant would listed here shall be upon Great Western recovery-based charging process.
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DATES: Satellite operators with pending Federal Communications Commission. FEDERAL MARITIME COMMISSION filings subject to ITU fees must submit John V. Giusti, the required information March 4, 2002. Chief, International Spectrum and Sunshine Act Meeting Communications Policy Branch, International AGENCY HOLDING THE MEETING: ADDRESSES: Send contact information to Bureau. Federal Maritime Commission. Oleg Efrimov, Satellite Engineering [FR Doc. 02–2362 Filed 1–30–02; 8:45 am] Branch, International Bureau, c/o Office FEDERAL REGISTER CITATION OF PREVIOUS BILLING CODE 6712–01–P of the Secretary, Federal ANNOUNCEMENT: 67 FR 3708. Communications Commission, PREVIOUSLY ANNOUNCED TIME AND DATE OF Washington, DC 20554. FEDERAL MARITIME COMMISSION THE MEETING: 10 a.m.—January 30, 2002. FOR FURTHER INFORMATION CONTACT: CHANGE IN THE MEETING: Addition of item Jacqueline Spindler, 202 418 1479, Notice of Agreement(s) Filed in the CLOSED portion of the meeting. [email protected]. The Commission hereby gives notice Item 2—Application of the Delta Queen of the filing of the following Steamboat Co. to Approve a Section SUPPLEMENTARY INFORMATION: This is a agreement(s) under the Shipping Act of 3, Pub. L. 89–777 Escrow summary of the Public Notice— 1984. Interested parties can review or Agreement and issue certificates for International Bureau Information, DA obtain copies of agreements at the the vessels DELTA QUEEN and 01–2435, adopted October 19, 2001, and Washington, DC offices of the MISSISSIPPI QUEEN. released October 19, 2001. The complete Commission, 800 North Capitol Street, CONTACT PERSON FOR MORE INFORMATION: text of this Notice is available for NW., Room 940. Interested parties may Bryant L. VanBrakle, Secretary, (202) inspection and copying during normal submit comments on an agreement to 523–5725. business hours in the FCC Reference the Secretary, Federal Maritime Bryant L. Van Brakle, Information Center, Courtyard Level, Commission, Washington, DC 20573, 445 12th Street, SW., Washington, DC within 10 days of the date this notice Secretary. 20554 and also may be purchased from appears in the Federal Register. [FR Doc. 02–2504 Filed 1–29–02; 12:45 pm] the Commission’s copy contractor, Agreement No.: 011788. BILLING CODE 6730–01–M Qualex International, Portals II, 445 Title: Green/Seatrade Cooperative 12th Street, SW., Room CY–B402, Working Agreement. Washington, DC 20554. Parties: FEDERAL MARITIME COMMISSION 1. The Commission establishes the Green Chartering AS Ocean Transportation Intermediary Seatrade Group N.V. information that U.S. satellite operators License; Revocations must file with the Commission for Synopsis: The proposed agreement compliance with the International establishes a vessel-sharing agreement The Federal Maritime Commission Telecommunication Union (ITU) for the transportation of refrigerated hereby gives notice that the following cargoes from United States East and satellite cost recovery program, as Ocean Transportation Intermediary Gulf ports to ports in Northern modified by the recent meeting of the licenses have been revoked pursuant to Europe. ITU Council. section 19 of the Shipping Act of 1984 Agreement No.: 201072–003. (46 U.S.C. app. 1718) and the 2. The information to be provided is Title: New Orleans-Americana Ships regulations of the Commission as follows: (1) Name of contact, (2) name Group Crane Lease Agreement. pertaining to the licensing of Ocean of company and office, (3) address, (4) Parties: Transportation Intermediaries, effective e-mail address, (5) telephone number, Board of Commissioners of the Port of on the corresponding date shown below: and (6) fax number. New Orleans License Number: 3754F. 3. The point of contact may be a party Americana Ships and Affiliates. Synopsis: The amendment revises crane Name: AFS Logistics, Inc. other than the applicant or licensee, usage payments and extends the Address: 8585 Business Park Drive, acting pursuant to an agreement agreement through December 31, Shreveport, LA 71105. between the applicant or licensee and 2002. Date Revoked: January 11, 2002. the third party in which the third party Agreement No.: 201073–003. Reason: Failed to maintain a valid bond. assumes responsibility for payment of Title: New Orleans/Cosco-K Line-Yang License Number: 13339N. these fees. Ming Crane Rental Agreement. Name: Box Consolidators (USA) L.L.C. 4. Satellite filings subject to ITU cost Parties: Address: 20 Corporation Row, Edison, recovery charges include certain Board of Commissioners of the Port of NJ 08817. advance publication submissions, New Orleans, Date Revoked: December 8, 2001. requests for coordination or agreement Cosco North America, Inc., Reason: Failed to maintain a valid bond. (Articles S9 and S11 of the Radio ‘‘K’’ Line America, Inc., License Number: 4256F. Regulations), and requests for Yang Ming Line. Name: Brixton Management, Inc. Synopsis: The amendment revises crane modification of the space service plans Address: 13560 Berlin Station Road, usage payments and extends the contained in Appendices S30, S30A, Berlin Center, OH 44401. agreement through December 31, and S30B of the Radio Regulations that Date Revoked: January 10, 2002. 2002. were received by the ITU after Reason: Failed to maintain a valid bond. November 7, 1998. Advance publication Dated: January 25, 2002. License Number: 1171NF. filings not subject to coordination By Order of the Federal Maritime Name: Caribbean Freight Forwarders, procedures (generally non- Commission. Inc. geosynchronous orbit (NGSO) systems) Bryant L. VanBrakle, Address: 4715 NW 72nd Avenue, that were received by the ITU after Secretary. Miami, FL 33166. November 7, 1998 are also subject to [FR Doc. 02–2274 Filed 1–30–02; 8:45 am] Date Revoked: January 2, 2002. cost recovery. BILLING CODE 6730–01–P Reason: Failed to maintain a valid bond.
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License Number: 16848N. Date Revoked: January 2, 2002. Address: 11821 I–H 10 East, Ste. 630, Name: eKKa Forwarding Inc. Reason: Failed to maintain a valid bond. Houston, TX 77029. Address: 223 Bergen Turnpike, Bldg. 3, License Number: 4215F. Date Revoked: December 5, 2001. Ridgefield Park, NJ 07660. Name: Logistics Management Reason: Failed to maintain a valid bond. Date Revoked: December 15, 2001. International, Inc. License Number: 3406N. Reason: Failed to maintain a valid bond. Address: 816 Thorndale Avenue, Name: Simmons International Express, License Number: 4098F. Bensenville, IL 60106. Inc. Name: Gaeli, Inc. Date Revoked November 7, 2001. Address: 10050 NW 116th Way, Ste. 15, Address: 101 E. Clarendon Street, Reason: Failed to maintain a valid bond. Prospect Heights, IL 60070. Medley, FL 33178. License Number: 4066N. Date Revoked: January 10, 2002. Date Revoked: January 4, 2002. Name: Maracargo Inc. Reason: Failed to maintain a valid bond. Reason: Failed to maintain a valid bond. Address: 7700 NW 79th Place, Ste. 1, License Number: 3656NF. Miami, FL 33166. License Number: 4587NF. Name: Gulfstream Freight Services, Inc. Date Revoked: November 4, 2001. Name: Toriello Passarelli, Inc. dba dba Gulfstream Logistics. Reason: Failed to maintain a valid bond. Toriello Freight International. Address: 11919 SW 130th Street, Miami, License Number: 3326N. Address: 8611 NW 72nd Street, Miami, FL 33186. Name: Modern Cargo Services Inc. FL 33166. Date Revoked: December 6, 2001. Address: 11265 NW 131st Street, Date Revoked: August 10, 2001. Reason: Failed to maintain valid bonds. Medley, FL 33178. Reason: Failed to maintain valid bonds. License Number: 17090N. Date Revoked: November 1, 2001. License Number: 4511F. Name: Inter-Connect Transportation, Reason: Failed to maintain a valid bond. Name: Total Logistic Control, LLC. Inc. License Number: 16462N. Address: 8300 Logistics Drive, Zeeland, Address: 8901 S. La Cienega Blvd., Ste. Name: Multi Transport Inc. MI 49464. 210, Inglewood, CA 90301. Date Revoked: December 8, 2001. Address: 8422 NW 66th Street, Miami, Date Revoked: January 6, 2002. Reason: Failed to maintain a valid bond. FL 33166. Reason: Failed to maintain a valid bond. Date Revoked: December 29, 2001. License Number: 4551F. License Number: 3690NF. Reason: Failed to maintain a valid bond. Name: Inter-Freight Logistics, Inc. Name: Washington World Trading Corp. Address: 5401 W. Kennedy Boulevard, License Number: 4592N. dba Washington World International Ste. 999, Tampa, FL 33609. Name: Natasha International Freight, Freight Forwarders. Date Revoked: December 28, 2001. Inc. Address: 10411 NW 28th Street, Ste. C– Reason: Surrendered license Address: 12912 SW 133 Court, Ste. A, 103, Miami, FL 33172. voluntarily. Miami, FL 33186. Date Revoked: December 26, 2001. Date Revoked: December 8, 2001. License Number: 4335N. Reason: Failed to maintain a valid bond. Reason: Failed to maintain a valid bond. Name: International Services, Inc. Address: 2907 Empress Ct., Valrico, FL License Number: 12459N. Sandra L. Kusumoto, 33594. Name: PSD International, Inc. Director, Bureau of Consumer Complaints Date Revoked: December 5, 2001. Address: 220 W. Ivy Avenue, and Licensing. Reason: Failed to maintain a valid bond. Inglewood, CA 90302. [FR Doc. 02–2273 Filed 1–30–02; 8:45 am] License Number: 15712N. Date Revoked: December 15, 2001. BILLING CODE 6730–01–P Name: J.H.K. Transportation System, Reason: Failed to maintain a valid bond. Inc. License Number: 16083F. Address: 5210 12th Street East, Ste. B, Name: Palmetto Freight Forwarding FEDERAL MARITIME COMMISSION Fife, WA 98424. Group. Ocean Transportation Intermediary Date Revoked: December 30, 2001. Address: 9695 NW 79th Avenue, Bay ι6, License Reissuance Reason: Failed to maintain a valid bond. Hialeah, FL 33016. License Number: 12473N. Date Revoked: December 6, 2001. Notice is hereby given that the Name: Jupiter Express, Inc. Reason: Failed to maintain a valid bond. following Ocean Transportation Address: 156–19 76th Street, Howard License Number: 0690F. Intermediary license has been reissued Beach, NY 11414. Name: Robert E. Landweer & Co., Inc. by the Federal Maritime Commission Date Revoked: December 8, 2001. Address: 911 Western Avenue, Ste. 208, pursuant to section 19 of the Shipping Reason: Failed to maintain a valid bond. Seattle, WA 98104. Act of 1984, as amended by the Ocean License Number: 4637F. Date Revoked: December 16 2001. Shipping Reform Act of 1998 (46 U.S.C. Name: Lion Cargo Brokers, Inc. dba Reason: Failed to maintain a valid bond. app. 1718) and the regulations of the Polaris Ocean Line. License Number: 15682N. Commission pertaining to the licensing Address: 8055 NW 77th Court, Ste. 3, Name: S/J Americas Service, LLC dba S/ of Ocean Transportation Intermediaries, Medley, FL 33166. J Americas Service. 46 CFR 515.
License No. Name/Address Date reissuance
16838N ...... Webtrans Logistics, Inc. dba ANC International, 21136 S. Wilmington Avenue, #110, Car- December 19, son, CA 90810. 2001.
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Sandra L. Kusumoto, December 2001. The draft guidance effective on December 10, 2001. The Director, Bureau of Consumer Complaints document, when finalized, would provision in 21 CFR 610.40(b) of the and Licensing. inform all establishments that rule provides that manufacturers ‘‘must [FR Doc. 02–2271 Filed 1–30–02; 8:45 am] manufacture Source Plasma that FDA perform one or more screening tests to BILLING CODE 6730–01–P has approved nucleic acid tests (NAT) adequately and appropriately reduce the to identify human immunodeficiency risk of transmission of communicable virus type 1 (HIV–1) and hepatitis C disease agents’’ (66 FR 31146 at 31162). FEDERAL MARITIME COMMISSION virus (HCV) in Source Plasma As we noted in the preamble to the final donations. The draft document rule, the standard for adequate and Ocean Transportation Intermediary recommends that manufacturers submit appropriate testing will change as new License; Applicant a prior approval supplement to a testing technology is approved by FDA. Notice is hereby given that the biologics license application (BLA) to We explained, ‘‘we intend to regularly following applicant has filed with the implement HIV–1 and HCV NAT by a issue guidance describing those tests Federal Maritime Commission an specified date. that we believe would adequately and application for license as Non-Vessel DATES: Submit written or electronic appropriately reduce the risk of Operating Common Carrier and Ocean comments on the draft guidance to transmission of communicable disease Freight Forwarder—Ocean ensure their adequate consideration in agents’’ (66 FR 31146 at 31149). The availability of NAT to identify Transportation Intermediary pursuant to preparation of the final document by HIV–1 and HCV will change the testing section 19 of the Shipping Act of 1984 May 1, 2002. General comments on protocol that should be used to as amended (46 U.S.C. app. 1718 and 46 agency guidance documents are adequately and appropriately reduce the CFR 515). welcome at any time. risk of transmission of those diseases. Persons knowing of any reason why ADDRESSES: Submit written requests for The draft document recommends that the following applicant should not single copies of the draft guidance to the manufacturers submit a prior approval receive a license are requested to Office of Communication, Training, and supplement to a BLA to implement contact the Office of Transportation Manufacturers Assistance (HFM–40), HIV–1 and HCV NAT by a specified Intermediaries, Federal Maritime Center for Biologics Evaluation and Research (CBER), Food and Drug date. Commission, Washington, DC 20573. This draft guidance is being issued Non-Vessel Operating Common Administration, 1401 Rockville Pike, consistent with FDA’s good guidance Carrier Ocean Transportation Rockville, MD 20852–1448. Send one practices regulation (21 CFR 10.115). Intermediary Applicant: self-addressed adhesive label to assist Security Storage Company of the office in processing your requests. This draft guidance document Washington, 1701 Florida Avenue, NW., The document may also be obtained by represents the agency’s current thinking Washingnton, DC 20009–1697, Officers: mail by calling the CBER Voice on this topic. It does not create or confer Larry DePace, Senior Vice President Information System at 1–800–835–4709 any rights for or on any person and does (Qualifying Individual), Charles R. or 301–827–1800, or by fax by calling not operate to bind FDA or the public. Lawrence, President/CEO. the FAX Information System at 1–888– An alternative approach may be used if such approach satisfies the requirement Dated: January 25, 2002. CBER–FAX or 301–827–3844. See the SUPPLEMENTARY INFORMATION of the applicable statutes and Bryant L. VanBrakle, section for electronic access to the draft guidance regulations. Secretary. document. II. Comments [FR Doc. 02–2272 Filed 1–30–02; 8:45 am] Submit written comments on the BILLING CODE 6730–01–P This draft document is being document to the Dockets Management distributed for comment purposes only Branch (HFA–305), Food and Drug and is not intended for implementation Administration, 5630 Fishers Lane, rm. at this time. Interested persons may DEPARTMENT OF HEALTH AND 1061, Rockville, MD 20852. Submit HUMAN SERVICES submit to the Dockets Management electronic comments to http:// Branch (address above) written or Food and Drug Administration www.fda.gov/dockets/ecomments. electronic comments regarding this draft FOR FURTHER INFORMATION CONTACT: guidance document. Submit written or [Docket No. 01D–0584] Nathaniel L. Geary, Center for Biologics electronic comments to ensure adequate Evaluation and Research (HFM–17), consideration in preparation of the final Draft ‘‘Guidance for Industry: Use of Food and Drug Administration, 1401 Nucleic Acid Tests on Pooled Samples document by May 1, 2002. Two copies Rockville Pike, Rockville, MD 20852– of any comments are to be submitted, From Source Plasma Donors to 1448, 301–827–6210. Adequately and Appropriately Reduce except individuals may submit one SUPPLEMENTARY INFORMATION: the Risk of Transmission of HIV–1 and copy. Comments should be identified with the docket number found in the HCV’’; Availability I. Background brackets in the heading of this AGENCY: Food and Drug Administration, FDA is announcing the availability of document. A copy of the document and HHS. a draft document entitled ‘‘Guidance for received comments are available for ACTION: Notice. Industry: Use of Nucleic Acid Tests on public examination in the Dockets Pooled Samples From Source Plasma Management Branch between 9 a.m. and SUMMARY: The Food and Drug Donors to Adequately and 4 p.m., Monday through Friday. Administration (FDA) is announcing the Appropriately Reduce the Risk of availability of a draft document entitled Transmission of HIV–1 and HCV’’ dated III. Electronic Access ‘‘Guidance for Industry: Use of Nucleic December 2001. FDA’s final rule (66 FR Persons with access to the Internet Acid Tests on Pooled Samples From 31146, June 11, 2001) entitled may obtain the document at either http:/ Source Plasma Donors to Adequately ‘‘Requirements for Testing Human /www.fda.gov/cber/guidelines.htm or and Appropriately Reduce the Risk of Blood Donors for Evidence of Infection http://www.fda.gov/ohrms/dockets/ Transmission of HIV–1 and HCV’’ dated Due to Communicable Diseases’’ became default.htm.
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Dated: January 23, 2002. to obtain a copy of the data collection and by supporting communities’ efforts Margaret M. Dotzel, plans and draft instruments, call the to build better systems of care. Associate Commissioner for Policy. HRSA Reports Clearance Officer on The National Health Service Corps [FR Doc. 02–2321 Filed 1–30–02; 8:45 am] (301) 443–1129. (authorized by the Public Health Comments are invited on: (a) Whether BILLING CODE 4160–01–S Services Act, section 331) collects data the proposed collection of information on its programs to ensure compliance is necessary for the proper performance with legislative mandates and to report DEPARTMENT OF HEALTH AND of the functions of the Agency, to Congress and policymakers on HUMAN SERVICES including whether the information shall program accomplishments. To meet have practical utility; (b) the accuracy of these objectives, the NHSC requires a Health Resources and Services the Agency’s estimate of the burden of core set of information collected Administration the proposed collection of information; annually that is appropriate for (c) ways to enhance the quality, utility, monitoring and evaluating performance Agency Information Collection and clarity of the information to be and reporting on annual trends. Activities: Proposed Collection: collected; and (d) ways to minimize the Comment Request burden of the collection of information The PTIQ is used to collect data on respondents, including the use of related to professional issues from In compliance with the requirement automated collection techniques or NHSC obligated Scholarship Program for opportunity for public comment on other forms of information technology. Recipients including physicians, proposed data collection projects physician assistants (PAs), nurse (section 3506(c)(2)(A) of Title 44, United Proposed Project: The National Health practioners (NPs), certified nurse States Code, as amended by the Service Corps (NHSC), Professional midwives (CNMs), and other disciplines Paperwork Reduction Act of 1995, Pub. Training and Information in the current year’s placement cycle. L. 104–13), the Health Resources and Questionnaire (PTIQ), (OMB No. 0915– This data is used to match an individual Services Administration (HRSA) 0208)—Revision health care professional with the most publishes periodic summaries of The National Health Service Corps appropriate clinical practice setting. proposed projects being developed for (NHSC) of the HRSA’s Bureau of Health The PTIQ will be mailed twelve submission to the Office of Management Professions (BHPr), is committed to months in advance of the intended and Budget under the Paperwork improving the health of the Nation’s service availability date. Estimates of Reduction Act of 1995. To request more underserved by uniting communities in annualized reporting burden are as information on the proposed project or need with caring health professionals follows:
Responses Hours per Type of respondent Number of per response Total burden respondents respondent (minutes) hours
Health Care Professionals ...... 311 1 5 26
Send comments to Susan G. Queen, L. 104–13), the Health Resources and Proposed Project: National Practitioner Ph.D., HRSA Reports Clearance Officer, Services Administration (HRSA) Data Bank for Adverse Information on Room 11–05, Parklawn Building, 5600 publishes periodic summaries of Physicians and Other Health Care Fishers Lane, Rockville, MD 20857. proposed projects being developed for Practitioners: Regulations and Forms Written comments should be received submission to the Office of Management (OMB No. 0915–0126)—Revision within 60 days of this notice. and Budget under the Paperwork The National Practitioner Data Bank Dated: January 25, 2002. Reduction Act of 1995. To request more (NPDB) was established through Title IV Jane M. Harrison, information on the proposed project or of Public Law 99–660, the Health Care Director, Division of Policy Review and to obtain a copy of the data collection Quality Improvement Act of 1986, as Coordination. plans and draft instruments, call the amended. Final regulations governing [FR Doc. 02–2296 Filed 1–31–02; 8:45 am] HRSA Reports Clearance Officer on the NPDB are codified at 45 CFR part 60. Responsibility for NPDB BILLING CODE 4165–15–P (301) 443–1129. implementation and operation resides Comments are invited on: (a) Whether in the Bureau of Health Professions, the proposed collection of information Health Resources and Services DEPARTMENT OF HEALTH AND is necessary for the proper performance HUMAN SERVICES Administration, U.S. Department of of the functions of the Agency, Health and Human Services (DHHS). Health Resources and Services including whether the information shall The NPDB began operation on Administration have practical utility; (b) the accuracy of September 1, 1990. the Agency’s estimate of the burden of The intent of Title IV of Public Law Agency Information Collection the proposed collection of information; 99–660 is to improve the quality of Activities: Proposed Collection: (c) ways to enhance the quality, utility, health care by encouraging hospitals, Comment Request and clarity of the information to be State licensing boards, professional collected; and (d) ways to minimize the societies, and other entities providing In compliance with the requirement burden of the collection of information health care services, to identify and for opportunity for public comment on on respondents, including the use of discipline those who engage in proposed data collection projects automated collection techniques or unprofessional behavior; and to restrict (section 3506(c)(2)(A) of Title 44, United other forms of information technology. the ability of incompetent physicians, States Code, as amended by the dentists, and other health care Paperwork Reduction Act of 1995, Pub. practitioners to move from State to State
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without disclosure of practitioner This request is for a revision of fraud control units, utilization and previous damaging or incompetent reporting and querying forms previously quality control peer review performance. approved on April 30, 1999. The organizations, and certain law The NPDB acts primarily as a flagging reporting forms and the request for enforcement officials to query the NPDB system; its principal purpose is to information forms (query forms) must be for adverse licensure actions and other accessed, completed, and submitted to negative actions or findings on health facilitate comprehensive review of the NPDB electronically through the care practitioners and entities licensed practitioners’ professional credentials NPDB website at www.npdb-hipdb.com. or otherwise authorized by a State (or a and background. Information on All reporting and querying is performed political subdivision) to provide health medical malpractice payments, adverse through this secure website. care services. Therefore, beginning with licensure actions adverse clinical This request also includes changes to section 60.9, sections have been privileging actions, adverse professional the NPDB forms as a result of the renumbered based on the possible society actions, and Medicare/Medicaid potential implementation of section implementation of section 1921. exclusions is collected from, and 1921 of the Social Security Act (section Additionally, due to overlap in disseminated to, eligible entities. It is 1921), which is now being considered. requirements for the Healthcare intended that NPDB information should Section 1921 expands the scope of the Integrity and Protection Data Bank be considered with other relevant NPDB by permitting additional entities (HIPDB), some of the NPDB’s burden information in evaluating a such as agencies administering Federal has been subsumed under the HIPDB. practitioner’s credentials. health care programs, State Medicaid Estimates of burden are as follows:
Hours per Regulation citation Number of Responses per response Total burden respondents respondent (minutes) hours
Reports 60.6(a) Errors & Omissions ...... 450 4.22 15 475 60.6(b) Revisions to Actions ...... 110 1.45 30 80 60.7(b) Medical Malpractice Payment Reports ...... 660 28.03 45 13,875 60.8(b) Adverse Action Reports—Licensure Actions by Boards of Medical Examiners ...... 1 00 0 0 60.9(b) Adverse Action Reports—Licensure Actions: Submission by State Licensing Boards Reporting by State Licensing Authorities ...... 2 00 0 0 60.10 Adverse Action Reports—Negative Actions or Findings: Submis- sion by Peer Review Organization/Accreditation Entity ...... 58 8.62 45 375 Reporting by State Licensing Authorities ...... 50 10 15 125 60.11(a) Adverse Action Reports—Clinical Privileges & Professional So- ciety ...... 1,000 1.2 45 900 60.11(c) Requests for Hearings by Entities ...... 1 1 480 8 Access to Data (Queries and Self Queries) 60.12(a)(1) Queries by Hospital-Practitioner Applications ...... 6,000 40 5 20,000 60.12(a)(2) Queries by Hospitals—Two Yr. Cycle ...... 6,000 160 5 80,000 60.13(a)(1)(i) Disclosures to Hospitals ...... 3 00 0 0 60.13(a)(1)(ii) Disclosure to Practitioners (Self Queries) ...... 4 00 0 0 60.13(a)(1)(iii) Queries by Practitioner Licensure Boards ...... 125 120 5 1,250 60.13(a)(1)(iv) Queries by Non-Hospital Health Care Entities ...... 4,000 550 5 183,333 60.13(a)(1)(v) Queries by Plaintiffs’ Attorneys ...... 5 1 30 3 60.13(a)(1)(vi) Queries by Non-Hospital Health Care Entities-Peer Re- view ...... 5 00 0 0 60.13(a)(1)(vii) Requests by Researchers for Aggregate Data ...... 100 1 30 50 60.13(a)(2)(i) through (vi) Queries by section 1921—only Eligible Entities 6 425 276.47 5 9,792 60.13(a)(2)(vii) Queries by Hospitals and other Health Care Entities ...... 7 00 0 0 60.13(a)(2)(viii) Self Queries by Health Care Practitioners and Entities .... 8 00 0 0 60.13(a)(2)(ix) Requests by Researchers for Aggregate Data ...... 9 00 0 0 Disputed Reports/Secretarial Reviews 60.16(b) Practitioner Places a Report in Disputed Status ...... 1,050 1 15 263 60.16(b) Practitioner Requests for Secretarial Review ...... 115 1 480 920 60.16(b) Practitioner Statement ...... 2,400 1 60 2,400 Access and Admin. Forms 60.3 Entity Registration—Initial ...... 2,000 1 60 2,000 60.3 Entity Registration-Update ...... 1,225 1 5 102 60.13(a) Authorized Agent Designation—Initial ...... 500 1 15 125 60.13(a) Authorized Agent Designation—Update ...... 50 1 5 4 60.14(c) Account Discrepancy Report ...... 300 1 15 75 60.14(c) Electronic Transfer of Funds Authorization ...... 400 1 15 100 60.3 Entity Registration— Reactivation ...... 100 1 60 100
Total ...... 316,355 1 Included in estimate for reporting of adverse licensure actions to the HIPDB in 45 CFR part 61. 2 Included in estimate for reporting of adverse licensure actions to the HIPDB in 45 CFR part 61. 3 Included in estimate for 60.12(a)(1). 4 Included in estimate for self queries in the HIPDB in 45 CFR part 61. 5 Included in estimate for non-hospital health care entity queries under § 60.13(a)(1). 6 Estimate for queries of section 1921 information by boards that license health care practitioners is included in estimate for practitioner licen- sure boards under § 60.13(a)(1).
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7 Estimate for queries of section 1921 information by hospitals and other health care entities is included in estimates for queries by hospitals under 60.12(a)(1) and non-hospital health care entities under 60.13(a)(1)(iv). 8 Estimate for self queries by health care practitioners and health care entities is included in estimate for self queries in the HIPDB in 45 CFR part 61. 9 Included in estimate for 60.13(a)(1)(vii).
Send comments to Susan Queen, DEPARTMENT OF HEALTH AND of Information Collection: Form NIH– Ph.D., HRSA Reports Clearance Officer, HUMAN SERVICES 590 records, names, address, employer, Room 11–05, Parklawn Building, 5600 education, and other information on Fishers Lane, Rockville, Maryland National Institutes of Health prospective Special Volunteers and Guest Researchers, and is used by the 20852, (301) 443–1129. Written Proposed Collection; Comment comments should be received within 60 Request; Special Volunteer and Guest responsible NIH approving official to days of this notice. Researcher Assignment determine the individual’s Dated: January 24, 2002. qualifications and eligibility for such SUMMARY: In compliance with the assignments. The form is the only James J. Corrigan, requirement of section 3506(c)(2)(A) of official record of approved assignments. Associate Administrator for Operations and the Paperwork Reduction Act of 1995, Frequency of Response: On occasion. Management. for opportunity for public comment on Affected Public: Individuals or [FR Doc. 02–2297 Filed 1–30–02; 8:45 am] proposed data collection projects, the households. Type of Respondents: BILLING CODE 4165–15–P Office of the Director, National Special Volunteer and Guest Researcher Institutes of Health (NIH) will publish candidates. Estimated Number of periodic summaries of proposed Respondents: 1560. Estimated Number projects to be submitted to the Office of of Responses Per Respondent: 1. Management and Budget (OMB) for Average Burden Hours Per Response: review and approval. Proposed Collection: Title: Special .08. Estimated Total Annual Burden Volunteer and Guest Researcher Hours Requested: 125. Assignment. Type of Information There are no Capital Costs, Operating Collection Request: Extension of OMB Costs, and/or Maintenance Costs to No. 0925–0177; 07/31/02. Need and Use report.
Estimated Estimated total Estimated number of re- Average bur- annual burden Type of respondents number of re- sponses per den hours per hours re- spondents respondent response quested
Guest Researcher ...... 370 1 .08 29.6 Special Volunteer ...... 1190 1 .08 95.2
Total ...... 1560 1 .08 124.8
Request for Comments: Written Room B3C07, 31 Center Drive MSC National Institutes of Health (NIH) has comments and/or suggestions from the 2203, Bethesda, MD 20892. submitted to the Office of Management public and affected agencies are invited Comments Due Date: Comments and Budget (OMB) a request for review on one or more of the following points: regarding this information collection are and approval of a revision of the (1) Whether the proposed collection of best assured of having their full effect if information collection listed below. information will have practical utility; received on or before April 1, 2002. This proposed revision was previously (2) The accuracy of the agency’s Dated: January 28, 2002. published in the Federal Register on estimate of the proposed collection of Stephen C. Benowitz, August 7, 2001 (pages 41251–41252) information, including the validity of Director, Office of Human Resource and allowed 60 days for public the methodology and assumptions used; Management. comment. No public comments were (3) Ways to enhance the quality, utility, [FR Doc. 02–2400 Filed 1–30–02; 8:45 am] received. The purpose of this notice is and the clarity of information to be to allow an additional 30 days for public BILLING CODE 4140–01–M collected; and (4) Ways to minimize the comment. The National Institutes of burden of the collection of information Health may not conduct or sponsor, and on those who are to respond, including DEPARTMENT OF HEALTH AND the respondent is not required to the use of appropriate automated, HUMAN SERVICES respond to, an information collection electronic, mechanical, or other that has been extended, revised, or technological collection techniques or National Institutes of Health implemented on or after October 1, other forms of information technology. 1995, unless it displays a currently valid Submission for OMB Review: FOR FURTHER INFORMATION CONTACT: OMB control number. To Comment Request; National Institutes request more information on the of Health Construction Grants Proposed Collection: Title: National proposed project or to obtain a copy of Institutes of Health Construction the data collection plans and SUMMARY: Under the provisions of Grants—42 CFR part 52b (Final Rule). instruments, contact: Edie Bishop, HR section 3507(a)(1)(D) of the Paperwork Type of Information Collection Request: Consultant, Office of Human Resource Reduction Act of 1995, the Office of Revision of No. 0925–0424, expiration Management, Senior and Scientific Extramural Research (OER), Office of date 02/28/2002. Need and Use of the Employment Division, Building 31, Extramural Programs (OEP), the Information Collection: This request is
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for OMB review and approval of a previously approved by OMB is to Section 52b.11(b) requires applicants for revision of the information collection reflect the increase in the number of a project involving the acquisition of and recordkeeping requirements construction grants being awarded and existing facilities to provide the contained in the regulation codified at administered by NIH. In terms of estimated cost of the project, cost of the 42 CFR part 52b. The purpose of the reporting requirements: acquisition of existing facilities, and regulation is to govern the awarding and Section 52b.9(b) of the regulation cost of remodeling, renovating, or administration of grants awarded by requires the transferor of a facility altering facilities to serve the purposes NIH and its components for which is sold or transferred, or owner of for which they are acquired. construction of new buildings and the a facility, the use of which has changed, alteration, renovation, remodeling, to provide written notice of the sale, In terms of recordkeeping improvement, expansion, and repair of transfer or change within 30 days. requirements: Section 52b.10(g) requires existing buildings, including the Section 52b.10(f) requires a grantee to grantees to maintain daily construction provision of equipment necessary to submit an approved copy of the logs and monthly status reports at the make the buildings (or applicable part of construction schedule prior to the start job site. Frequency of Response: On the buildings) suitable for the purpose of construction. Section 52b.10(g) occasion. Affected Public: Not-for-profit for which it was constructed. The NIH requires a grantee to provide daily institutions. Type of respondents: is revising the estimated annual construction logs and monthly status Grantees. The annual reporting burden reporting and recordkeeping burden reports upon request at the job site. is as follows:
ESTIMATED ANNUAL REPORTING AND RECORDKEEPING BURDEN
Estimated an- Estimated Average bur- Estimated total number of re- Applicable section of 42 CFR 52b nual number sponses per den hours per annual burden of respondents respondent response hours
Reporting: 52b.9(b) ...... 1 1 0.5 0.5 52b.10(f) ...... (60) 1 1 60 52b.10(g) ...... (60) 12 1 720 52b.11(b) ...... 100 1 1 100 Recordkeeping: 52b.10(g) ...... (60) 260 1 15,600
Total ...... 101 ...... 16,481
The annualized cost to the public, Direct Comments to OMB: Written DEPARTMENT OF HEALTH AND based on an average of 60 active grants comments and/or suggestions regarding HUMAN SERVICES in the construction phase, is estimated the item(s) contained in this notice, at: $576,835 (or $35 x16,481). There are especially regarding the estimated National Institutes of Health no Capital Costs to report, and there are public burden and associated response no operating or Maintenance Costs to time, should be directed to the: Office Fogarty International Center; Notice of Meeting report. of Management and Budget, Office of Request for Comments: Written Regulatory Affairs, New Executive Pursuant to section 10(d) of the comments and/or suggestions from the Office Building, room 10235, Federal Advisory Committee Act, as public and affected agencies should Washington, DC 20503, Attention: Desk amended (5 U.S.C. Appendix 2), notice address one or more of the following Officer for NIH. is hereby given of a meeting of the points: (1) Evaluate whether the Fogarty International Center Advisory FOR FURTHER INFORMATION CONTACT: Jerry proposed collection of information and Board. recordkeeping are necessary for the Moore, NIH Regulations Officer, Office The meeting will be open to the proper performance of the function of of Management Assessment, Division of public as indicated below, with the agency, including whether the Management Support, National attendance limited to space available. information will have practical utility; Institutes of Health, 6011 Executive Individuals who plan to attend and (2) Evaluate the accuracy of the agency’s Boulevard, Room 601, MSC 7669, need special assistance, such as sign estimate of the burden of the proposed Rockville, Maryland 20852; call 301– language interpretation or other collection of information and 496–4607 (this is not a toll-free number) reasonable accommodations, should recordkeeping, including the or e-mail your request to notify the Contact Person listed below methodology and assumptions used; (3) [email protected]. in advance of the meeting. Enhance the quality, utility, and clarity Comments Due Date: Comments The meeting will be closed to the of the information to be collected and regarding this information collection are public in accordance with the the recordkeeping information to be best assured of having full effect if provisions set forth in sections maintained; and (4) Minimize the received on or before March 4, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., burden of the collection of information as amended. The grant applications Dated: January 28, 2002. on those who are to respond, including and/or contract proposals and the the use of appropriate automated, Jerry Moore, discussions could disclose confidential electronic, mechanical, or other Regulations Officer, National Institutes of trade secrets or commercial property technological collection and Health. such as patentable material, and recordkeeping techniques of other forms [FR Doc. 02–2401 Filed 1–30–02; 8:45 am] personal information concerning of information technology. BILLING CODE 4140–01–P individuals associated with the grant
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applications and/or contract proposals, in the Federal Register on January 3, Dated: January 25, 2002. the disclosure of which would 2002, 67 FR 336–337. LaVerne Y. Stringfield, constitute a clearly unwarranted The meeting has been changed to Feb. Director, Office of Federal Advisory invasion of personal privacy. 12–13, 2002; the location remains the Committee Policy. Name of Committee: Fogarty International same. The meeting is partially closed to [FR Doc. 02–2388 Filed 1–30–02; 8:45 am] Center Advisory Board. the public. BILLING CODE 4140–01–M Date: February 5, 2002. Agenda: Report of the Director on updates Dated: January 25, 2002. LaVerne Y. Stringfield, and an overview of new FIC programs and DEPARTMENT OF HEALTH AND initiatives. In addition, a discussion of CDC Director, Office of Federal Advisory plans, present and future, for international Committee Policy. HUMAN SERVICES programs and global health concerns. [FR Doc. 02–2383 Filed 1–30–02; 8:45 am] Place: Lawton Chiles International House, National Institutes of Health 16 Center Drive (Building 16), Bethesda, MD BILLING CODE 4140–01–M 20892. National Eye Institute; Notice of Closed Meeting Closed: 1 pm to Adjournment. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant applications. HUMAN SERVICES Pursuant to section 10(d) of the Place: Lawton Chiles International House, National Institutes of Health Federal Advisory Committee Act, as 16 Center Drive (Building 16), Bethesda, MD amended (5 U.S.C. Appendix 2), notice 20892. is hereby given of the following Contact Person: Irene W. Edwards, National Center for Research Information Officer, Fogarty International Resources; Notice of Closed Meeting meeting. Center, National Institutes of Health, The meeting will be closed to the Building 31, Room B2C08, 31 Center Drive Pursuant to section 10(d) of the public in accordance with the MSC 2220, Bethesda, MD 20892, 301–496– Federal Advisory Committee Act, as provisions set forth in sections 2075. amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., This notice is being published less than 15 is hereby given of the following as amended. The grant applications and days prior to the meeting due to the timing meeting. limitations imposed by the review and the discussions could disclose funding cycle. The meeting will be closed to the confidential trade secrets or commercial Information is also available on the public in accordance with the property such as patentable material, Institute’s/Center’s home page: www.nih.gov/ provisions set forth in sections and personal information concerning fic/about/advisory.html, where an agenda 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant and any additional information for the as amended. The grant applications and meeting will be posted when available. applications, the disclosure of which the discussions could disclose would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial invasion of personal privacy. Program Nos. 93.106, Minority International property such as patentable material, Research Training Grant in the Biomedical and personal information concerning Name of Committee: National Eye Institute and Behavioral Sciences; 93.154, Special individuals associated with the grant Special Emphasis Panel. International Postdoctoral Research Program applications, the disclosure of which Date: January 30, 2002. in Acquired Immunodeficiency Syndrome; Time: 11 am to 12:30 pm. 93.168, International Cooperative would constitute a clearly unwarranted invasion of personal privacy. Agenda: To review and evaluate grant Biodiversity Groups Program; 93.934, Fogart applications. International Research Collaboration Award; Name of Committee: National Center for Place: 6120 Executive Blvd. Suite 350, 93.989, Senior International Fellowship Research Resources Special Emphasis Panel, Rockville, MD 20892. (Telephone Conference Awards Program, National Institutes of General Clinical Research Centers. Call) Health, HHS) Date: February 11, 2002. Contact Person: Samuel Rawlings, PhD, Dated: January 25, 2002. Time: 9 am to Adjournment. Chief, Scientific Review Branch, Division of LaVerne Y. Stringfield, Agenda: To review and evaluate grant applications. Extramural Research, National Eye Institute, Director, Office of Federal Advisory Bethesda, MD 20892, 301–496–5561. Committee Policy. Place: Office of Review, National Center for Research Resources, 6705 Rockledge Drive, This notice is being published less than 15 [FR Doc. 02–2393 Filed 1–30–02; 8:45 am] Bethesda, MD 20892, (Telephone Conference days prior to the meeting due to the timing BILLING CODE 4140–01–M Call). limitations imposed by the review and Contact Person: Sheryl K. Brining, PhD, funding cycle. Scientific Review Administrator, Office of (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Review, National Center for Research Program Nos. 93.867, Vision Research, HUMAN SERVICES Resources, National Institutes of Health, One Rockledge Center, MSC 7965, 6705 National Institutes of Health, HHS) National Institutes of Health Rockledge Drive, Suite 6018, Bethesda, MD Dated: January 25, 2002. 20892–7965, 301–435–0809, LaVerne Y. Stringfield, National Center for Research [email protected]. Resources; Amended Notice of Director, Office of Federal Advisory This notice is being published less than 15 Committee Policy. Meeting days prior to the meeting due to the timing [FR Doc. 02–2391 Filed 1–30–02; 8:45 am] limitations imposed by the review and Notice is hereby given of a change in funding cycle. BILLING CODE 4140–01–M the meeting of the General Clinical (Catalogue of Federal Domestic Assistance Research Centers Review Committee, Program Nos. 93.306, Comparative Medicine, February 12, 2002, 8 a.m. to February 93.306; 93.333, Clinical Research, 93.333; 14, 2002, 6 p.m., Holiday Inn—Chevy 93.371, Biomedical Technology; 93.389, Chase, 5520 Wisconsin Avenue, Chevy Research Infrastructure, National Institutes of Chase, MD 20815, which was published Health, HHS)
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES HUMAN SERVICES meetings. The meetings will be closed to the National Institutes of Health National Institutes of Health public in accordance with the provisions set forth in sections National Institute of Mental Health; National Institute on Alcohol Abuse 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Closed Meeting and Alcoholism; Notice of Closed Meeting as amended. The grant applications and the discussions could disclose Pursuant to section 10(d) of the Pursuant to section 10(d) of the confidential trade secrets or commercial Federal Advisory Committee Act, as Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice and personal information concerning is hereby given of the following is hereby given of the following individuals associated with the grant meeting. meeting. applications, the disclosure of which The meeting will be closed to the The meeting will be closed to the would constitute a clearly unwarranted public in accordance with the public in accordance with the invasion of personal privacy. provisions set forth in sections provisions set forth in sections Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dental and Craniofacial Research Special as amended. The grant applications and as amended. The grant applications and Emphasis Panel, 02–43, Review of R13 the discussions could disclose the discussions could disclose Grants. confidential trade secrets or commercial confidential trade secrets or commercial Date: February 25, 2002. property such as patentable material, property such as patentable material, Time: 12 PM to 2 PM. and personal information concerning and personal information concerning Agenda: To review and evaluate grant individuals associated with the grant applications. individuals associated with the grant Place: 45 Center Drive, Bethesda, MD applications, the disclosure of which applications, the disclosure of which would constitute a clearly unwarranted 20892, (Telephone Conference Call). would constitute a clearly unwarranted Contact Person: H. George Hausch, PhD. invasion of personal privacy. invasion of personal privacy. Acting Director, 45 Center Drive, Natcher Name of Committee: National Institute on Name of Committee: National Institute of Building, Rm. 4AN44F, National Institutes of Alcohol Abuse and Alcoholism Special Health, Bethesda, MD 20892, (301) 594–2372. Mental Health Special Emphasis Panel. Emphasis Panel. Date: February 5, 2002. Name of Committee: National Institute of Date: February 14, 2002. Dental and Craniofacial Research Special Time: 1 P.M. to 3 P.M. Time: 4 PM to 5:30 PM. Agenda: To review and evaluate grant Emphasis Panel, 02–58, Review of R44 Agenda: To review and evaluate grant Grants. applications. applications. Date: March 4, 2002. Place: Neuroscience Center, National Place: Bethesda Marriott Hotel, 5151 Pooks Time: 10 AM to 12:30 PM. Hill Road, Bethesda, MD 20814. Institutes of Health, 6001 Executive Blvd., Agenda: To review and evaluate grant Bethesda, MD 20892, (Telephone Conference Contact Person: L Tony Beck, PhD, Scientific Review Administrator, National applications. Call). Place: 45 Center Drive, Natcher Building, Contact Person: Richard E. Weise, PhD, Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, Suite 409, 6000 Conference Room E1/2, Bethesda, MD 20892, Scientific Review Administrator, Division of Executive Blvd., MSC 7003, Bethesda, MD (Telephone Conference Call). Extramural Activities, National Institute of 20892–7003, 301–443–0913, Contact Person: Philip Washko, PhD, DMD, Mental Health, NIH, Neuroscience Center, [email protected]. Scientific Review Administrator, 45 Center 6001 Executive Boulevard, Room 6140, (Catalogue of Federal Domestic Assistance Drive, Natcher Building, Rm. 4AN44F, MSC9606, Bethesda, MD 20892–9606, 301– Program Nos. 93.271, Alcohol Research National Institutes of Health, Bethesda, MD 443–1225, [email protected]. Career Development Awards for Scientists 20892, (301) 594–2372. This notice is being published less than 15 and Clinicians; 93.272, Alcohol National Name of Committee: National Institute of days prior to the meeting due to the timing Research Service Awards for Research Dental and Craniofacial Research Special limitations imposed by the review and Training; 93.273, Alcohol Research Programs; Emphasis Panel, 02–59, Review of R44 funding cycle. 93.893, Alcohol Research Center Grants, Grants. National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Date: March 4, 2002. Program Nos. 93.242, Mental Health Research Dated: January 25, 2002. Time: 1:30 PM to 3 PM. Agenda: To review and evaluate grant Grants; 93.281, Scientist Development LaVerne Y. Stringfield, applications. Award, Scientist Development Award for Director, Office of Federal Advisory Place: 45 Center Drive, Bethesda, MD Clinicians, and Research Scientist Award; Committee Policy. 20892, (Telephone Conference Call). 93.282, Mental Health National Research [FR Doc. 02–2387 Filed 1–30–02; 8:45 am] Contact Person: Philip Washko, PhD, DMD, Service Awards for Research Training, BILLING CODE 4140–01–M Scientific Review Administrator, 45 Center National Institutes of Health, HHS) Drive, Natcher Building, Rm. 4AN44F, Dated: January 25, 2002. National Institutes of Health, Bethesda, MD DEPARTMENT OF HEALTH AND 20892, (301) 594–2372. LaVerne Y. Stringfield, HUMAN SERVICES (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Program Nos. 93.121, Oral Diseases and Committee Policy. National Institutes of Health Disorders Research, National Institutes of [FR Doc. 02–2384 Filed 1–30–02; 8:45 am] Health, HHS) BILLING CODE 4140–01–M National Institute of Dental and Dated: January 25, 2002. Craniofacial Research; Notice of LaVerne Y. Stringfield, Closed Meetings Director, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as [FR Doc. 02–2389 Filed 1–30–02; 8:45 am] amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M
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DEPARTMENT OF HEALTH AND Superfund Hazardous Substances—Basic DEPARTMENT OF HEALTH AND HUMAN SERVICES Research and Education; 93.894, Resources HUMAN SERVICES and Manpower Development in the National Institutes of Health Environmental Health Sciences, National National Institutes of Health Institutes of Health, HHS) National Institute of Environmental Dated: January 25, 2002. National Institute on Drug Abuse; Health Sciences; Notice of Closed Notice of Closed Meetings LaVerne Y. Stringfield, Meetings Director, Office of Federal Advisory Pursuant to section 10(d) of the Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as Federal Advisory Committee Act, as [FR Doc. 02–2390 Filed 1–30–02; 8:45 am] amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M is hereby given of the following is hereby given of the following meetings. meetings. The meetings will be closed to the DEPARTMENT OF HEALTH AND The meetings will be closed to the public in accordance with the HUMAN SERVICES public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications as amended. The grant applications and and/or contract proposals and the National Institute of Allergy and the discussions could disclose discussions could disclose confidential Infectious Diseases; Notice of Closed confidential trade secrets or commercial trade secrets or commercial property Meeting property such as patentable material, such as patentable material, and and personal information concerning personal information concerning Pursuant to section 10(d) of the individuals associated with the grant individuals associated with the grant Federal Advisory Committee Act, as applications, the disclosure of which applications and/or contract proposals, amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted the disclosure of which would is hereby given of the following invasion of personal privacy. constitute a clearly unwarranted meeting. Name of Committee: National Institute on invasion of personal privacy. The meeting will be closed to the Drug Abuse Special Emphasis Panel, Name of Committee: National Institute of public in accordance with the Medication Development. Environmental Health Sciences Special provisions set forth in sections Date: February 26, 2002. Emphasis Panel, Review of P01 Grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 10 am to 10:45 am. Applications. Agenda: To review and evaluate grant as amended. The grant applications and applications. Date: February 26, 2002. the discussions could disclose Time: 8:30 am to 5 pm. Place: The Westin Grand Hotel, 2350 M Agenda: To review and evaluate grant confidential trade secrets or commercial Street, NW., Washington, DC 20037. applications. property such as patentable material, Contact Person: Mark Swieter, PhD, Health Place: Hawthorn Suites Hotel, 300 and personal information concerning Scientist Administrator, Office of Extramural Meredith Drive, Durham, NC 27713. individuals associated with the grant Affairs, National Institute on Drug Abuse, Contact Person: Ethel B. Jackson, DDS, applications, the disclosure of which National Institutes of Health, DHHS, 6001 Chief, Scientific Review Branch, Office of would constitute a clearly unwarranted Executive Boulevard, Room 3158, MSC 9547, Program Operations, Division of Extramural invasion of personal privacy. Bethesda, MD 20892–9547, (301) 435–1389. Research and Training, Nat. Institute of Name of Committee: National Institute on Environmental Health Sciences, P.O. Box Name of Committee: National Institute of Drug Abuse Special Emphasis Panel, 12233, MD EC–30, Research Triangle Park, Allergy and Infectious Diseases Special Medication Development. NC 27709, 919/514–7846, Emphasis Panel. Date: February 26, 2002. [email protected]. Date: February 14, 2002. Time: 10:45 am to 11:30 am. Name of Committee: National Institute of Time: 12:30 pm to 3:30 pm. Agenda: To review and evaluate grant Environmental Health Sciences Special Agenda: To review and evaluate grant applications. Emphasis Panel, RFP 01–18–National Center applications. Place: The Westin Grand Hotel, 2350 M for Toxicogenomics (NCT) Microarray Place: 6700–B Rockledge Drive, Room Street, NW., Washington, DC 20037. Resource. 2224, Bethesda, MD 20892. (Telephone Contact Person: Mark Swieter, PhD, Health Date: March 4, 2002. Scientist Administrator, Office of Extramural Conference Call) Time: 8:30 am to 5 pm. Affairs, National Institute on Drug Abuse, Agenda: To review and evaluate contract Contact Person: Gregory P. Jarosik, PhD, National Institutes of Health, DHHS, 6001 proposals. Scientific Review Administrator, Scientific Executive Boulevard, Room 3158, MSC 9547, Place: Hawthorn Suites Hotel, 300 Review Program, Division of Extramural Bethesda, MD 20892–9547, (301) 435–1389. Meredith Drive, Durham, NC 27713. Activities, NIAID, 6700B Rockledge Drive, Name of Committee: National Institute on Contact Person: RoseAnne M. McGee, BS, MSC–7616, Bethesda, MD 20892, 301–496– Drug Abuse Special Emphasis Panel, Associate Scientific Review Administrator, 2550, gjarosik@niaid,nih.gov. Treatment Research. Scientific Review Branch, Office of Program (Catalogue of Federal Domestic Assistance Date: February 26, 2002. Operations, Division of Extramural Research Time: 2 pm to 5 pm. and Training, Nat. Inst. of Environmental Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Agenda: To review and evaluate grant Health Sciences, Research Triangle Park, NC applications. Microbiology and Infectious Diseases 27709, 919/541–0752. Place: Swissotel Washington, The Research, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Watergate, 2650 Virginia Ave., NW., Program Nos. 93.113, Biological Response to Dated: January 25, 2002. Washington, DC 20037. Environmental Health Hazards; 93.114, LaVerne Y. Stringfield, Contact Person: Mark R. Green, PhD, Chief, CEASRB, Office of Extramural Affairs, Applied Toxicological Research and Testing; Director, Office of Federal Advisory 93.115, Biometry and Risk Estimation— National Institute on Drug Abuse, National Committee Policy. Health Risks from Environmental Exposures; Institutes of Health, DHHS, Suite 3158, 6001 93.142, NIEHS Hazardous Waste Worker [FR Doc. 02–2392 Filed 1–30–02; 8:45 am] Executive Boulevard, Bethesda, MD 20892– Health and Safety Training; 93.143, NIEHS BILLING CODE 4140–01–M 9547, (301) 435–1431.
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(Catalogue of Federal Domestic Assistance Place: Bethesda Marriott Hotel, 5151 Pooks limitations imposed by the review and Program Nos. 93.277, Drug Abuse Scientist Hill Road, Bethesda, MD 20814. funding cycle. Development Award for Clinicians, Scientist Contact Person: Lyle Furr, Contract Review Name of Committee: National Institute on Development Awards, and Research Scientist Specialist, Office of Extramural Affairs, Drug Abuse Special Emphasis Panel, ‘‘Virtual Awards; 93.278, Drug Abuse National National Institute on Drug Abuse, National Reality for Treatment of Pain’’. Research Service Awards for Research Institutes of Health, DHHS, 6001 Executive Date: February 13, 2002. Training; 93.279, Drug Abuse Research Boulevard, Room 3158, MSC 9547, Bethesda, Time: 1:30 pm to 3:30 pm. Programs, National Institutes of Health, HHS) MD 20892–9547, (301) 435–1439. Agenda: To review and evaluate contract Dated: January 25, 2002. This notice is being published less than 15 proposals. days prior to the meeting due to the timing LaVerne Y. Stringfield, Place: Neuroscience Center, National limitations imposed by the review and Institutes of Health, 6001 Executive Blvd. Director, Office of Federal Advisory funding cycle. Committee Policy. Rockville, MD 20852. (Telephone conference (Catalogue of Federal Domestic Assistance Call) [FR Doc. 02–2394 Filed 1–30–02; 8:45 am] Program Nos. 93.277, Drug Abuse Scientist Contact Person: Eric Zatman, Contract BILLING CODE 4140–01–M Development Award for Clinicians, Scientist Review Specialist, Office of Extramural Development Awards, and Research Scientist Affairs, National Institute on Drug Abuse, Awards; 93.278, Drug Abuse National National Institutes of Health, DHHS, 6001 DEPARTMENT OF HEALTH AND Research Service Awards for Research Executive Boulevard, Room 3158, MSC 9547, HUMAN SERVICES Training; 93.279, Drug Abuse Research Bethesda, MD 20892–9547, (301) 435–1438. Programs, National Institutes of Health, HHS) This notice is being published less than 15 National Institutes of Health Dated: January 25, 2002. days prior to the meeting due to the timing LaVerne Y. Stringfield, limitations imposed by the review and National Institute on Drug Abuse; funding cycle. Notice of Closed Meeting Director, Office of Federal Advisory Committee Policy. Name of Committee: National Institute on Drug Abuse Special Emphasis Panel, Pursuant to section 10(d) of the [FR Doc. 02–2395 Filed 1–30–02; 8:45 am] ‘‘Administrative and Meeting Support for the Federal Advisory Committee Act, as BILLING CODE 4140–01–M Clinical Trials Network’’. amended (5 U.S.C. Appendix 2), notice Date: March 5–6, 2002. is hereby given of the following Time: 9 am to 5 pm. meetings. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate contract The meetings will be closed to the HUMAN SERVICES proposals. public in accordance with the Place: Bethesda Marriott Hotel, 5151 Pooks provisions set forth in sections National Institutes of Health Hill Road, Bethesda, MD 20814. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Eric Zatman, Contract National Institute on Drug Abuse; as amended. The contract proposals and Review Specialist, Office of Extramural Notice of Closed Meetings Affairs, National Institute on Drug Abuse, the discussions could disclose National Institutes of Health, DHHS, 6001 confidential trade secrets or commercial Pursuant to section 10(d) of the Executive Boulevard, Room 3158, MSC 9547, property such as patentable material, Federal Advisory Committee Act, as Bethesda, MD 20892–9547, (301) 435–1438. and personal information concerning amended (5 U.S.C. Appendix 2), notice (Catalogue of Federal Domestic Assistance individuals associated with the contract is hereby given of the following Program Nos. 93.277, Drug Abuse Scientist proposals, the disclosure of which meetings. Development Award for Clinicians, Scientist would constitute a clearly unwarranted The meetings will be closed to the Development Awards, and Research Scientist invasion of personal privacy. public in accordance with the Awards; 93.278, Drug Abuse National Name of Committee: National Institute on provisions set forth in sections Research Service Awards for Research Drug Abuse Special Emphasis Panel, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Training; 93.279, Drug Abuse Research ‘‘Develop Prevention Services Analytic Tools as amended. The contract proposals and Programs, National Institutes of Health, HHS) for Improved Substance Abuse Prevention the discussions could disclose Dated: January 25, 2002. Delivery’’. confidential trade secrets or commercial LaVerne Y. Stringfield, Date: January 31, 2002. property such as patentable material, Director, Office of Federal Advisory Time: 9:30 am to 11:30 pm. and personal information concerning Committee Policy. Agenda: To review and evaluate contract individuals associated with the contract proposals. [FR Doc. 02–2396 Filed 1–30–02; 8:45 am] Place: Neuroscience Center, National proposals, the disclosure of which BILLING CODE 4140–01–M Institutes of Health, 6001 Executive Blvd., would constitute a clearly unwarranted Rockville, MD 20852. (Telephone Conference invasion of personal privacy. Call) Name of Committee: National Institute on DEPARTMENT OF HEALTH AND Contact Person: Lyle Furr, Contract Review Drug Abuse Special Emphasis Panel, HUMAN SERVICES Specialist, Office of Extramural Affairs, ‘‘Prevention Training’’. National Institute on Drug Abuse, National Date: February 13, 2002. National Institutes of Health Institutes of Health, DHHS, 6001 Executive Time: 9:30 am to 11:30 pm. Boulevard, Room 3158, MSC 9547, Bethesda, Agenda: To review and evaluate contract National Institute on Deafness and MD 20892–9547, (301) 435–1439. proposals. Other Communication Disorders; This notice is being published less than 15 Place: Neuroscience Center, National Notice of Closed Meeting days prior to the meeting due to the timing Institutes of Health, 6001 Executive Blvd. limitations imposed by the review and Rockville, MD 20852. (Telephone conference Pursuant to section 10(d) of the funding cycle. Call) Federal Advisory Committee Act, as Name of Committee: National Institute on Contact Person: Lyle Furr, Contract Review amended (5 U.S.C. Appendix 2), notice Drug Abuse Special Emphasis Panel, Specialist, Office of Extramural Affairs, is hereby given of the following ‘‘Develop and Maintain Substance Abuse National Institute on Drug Abuse, National Prevention Methodological Software’’. Institutes of Health, DHHS, 6001 Executive meeting. Date: February 7, 2002. Boulevard, Room 3158, MSC 9547, Bethesda, The meeting will be closed tot he Time: 9:30 am to 5 pm. MD 20892–9547, (301) 435–1439. public in accordance with the Agenda: To review and evaluate contract This notice is being published less than 15 provisions set forth in sections proposals. days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
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as amended. The grant applications and Place: NIEHS—East Campus, 79 TW (Catalogue of Federal Domestic Assistance the discussions could disclose Alexander Drive, Building 4401, Room 3446, Program Nos. 93.879, Medical Library confidential trade secrets or commercial Research Triangle Park, NC 27709 Assistance, National Institutes of Health, property such as patentable material, (Telephone Conference Call). HHS) Contact Person: RoseAnne M McGee, BS, Dated: January 25, 2002. and personal information concerning Associate Scientific Review Administrator, LaVerne Y. Stringfield, individuals associated with the grant Scientific Review Branch, Office of Program applications, the disclosure of which Operations, Division of Extramural Research Director, Office of Federal Advisory would constitute a clearly unwarranted and Training, Nat. Inst. of Environmental Committee Policy. invasion of personal privacy. Health Sciences, Research Triangle Park, NC [FR Doc. 02–2399 Filed 1–30–02; 8:45 am] 27709, 919/541–0752. BILLING CODE 4140–01–M Name of Committee: National Institute of Deafness and Other Communications Special (Catalogue of Federal Domestic Assistance Emphasis Panel. Program Nos. 93.113, Biological Response to Date: February 28, 2002. Environmental Health Hazards; 93.114, DEPARTMENT OF HEALTH AND Time: 9 a.m. to 2 p.m. Applied Toxicological Research and Testing; HUMAN SERVICES Agenda: To review and evaluate grant 93.115, Biometry and Risk Estimation— applications. Health Risks from Environmental Exposures; National Institutes of Health Place: St. Gregory Hotel & Suites, 2033 M 93.142, NIEHS Hazardous Waste Worker Street, NW., Washington, DC 20036. Health and Safety Training; 93.143, NIEHS Center for Scientific Review; Notice of Contact Person: Melissa Stick, PhD, MPH, Superfund Hazardous Substances—Basic Closed Meetings Research and Education; 93.894, Resources Scientific Review Administrator, Scientific and Manpower Development in the Pursuant to section 10(d) of the Review Branch, Division of Extramural Environmental Health Sciences, National Research, NIDCD/NIH, 6120 Executive Blvd., Federal Advisory Committee Act, as Institutes of Health, HHS) Bethesda, MD 20892, 301–496–8683. amended (5 U.S.C. Appendix 2), notice Dated: January 25, 2002. is hereby given of the following (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, meetings. Program Nos. 93.173, Biological Research The meetings will be closed to the Related to Deafness and Communicative Director, Office of Federal Advisory Disorders, National Institutes of Health, HHS) Committee Policy. public in accordance with the provisions set forth in sections Dated: January 25, 2002. [FR Doc. 02–2398 Filed 1–30–02; 8:45 am] BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, as amended. The grant applications and Director, Office of Federal Advisory the discussions could disclose Committee Policy. DEPARTMENT OF HEALTH AND confidential trade secrets or commercial [FR Doc. 02–2397 Filed 1–30–02; 8:45 am] HUMAN SERVICES property such as patentable material, BILLING CODE 4140–01–M and personal information concerning National Institutes of Health individuals associated with the grant applications, the disclosure of which DEPARTMENT OF HEALTH AND National Library of Medicine; Notice of would constitute a clearly unwarranted HUMAN SERVICES Closed Meeting invasion of personal privacy. National Institutes of Health Pursuant to section 10(d) of the Name of Committee: Center for Scientific Federal Advisory Committee Act, as Review Special Emphasis Panel. National Institute of Environmental amended (5 U.S.C. Appendix 2), notice Date: February 7–8, 2002. Health Sciences; Notice of Closed is hereby given of the following Time: 8:30 AM to 3 PM. Meeting meeting. Agenda: To review and evaluate grant The meeting will be closed to the applications. Pursuant to section 10(d) of the public in accordance with the Place: Georgetown Suites, 1000 29th St., NW, Washington, DC 20007. Federal Advisory Committee Act as provisions set forth in sections Contact Person: Marcia Steinberg, PhD, amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Administrator, Center for is hereby given of the following as amended. The contract proposals and Scientific Review, National Institutes of meeting. the discussions could disclose Health, 6701 Rockledge Drive, Room 5140, The meeting will be closed to the confidential trade secrets or commercial MSC 7840, Bethesda, MD 20892, (301) 435– public in accordance with the property such as patentable material, 1023, [email protected]. provisions set forth in sections and personal information concerning This notice is being published less than 15 days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the contract limitations imposed by the review and as amended. The grant applications and proposals, the disclosure of which funding cycle. the discussions could disclose would constitute a clearly unwarranted Name of Committee: Endocrinology and confidential trade secrets or commercial invasion of personal privacy. Reproductive Sciences Integrated Review property such as patentable material, Name of Committee: National Library of Group, Reproduction Biology Study Section. and personal information concerning Medicine Special Emphasis Panel. Date: February 11–12, 2002. individuals associated with the grant Date: February 27, 2002. Time: 8 AM to 3 PM. applications, the disclosure of which Time: 10:30 am to 11:30 am. Agenda: To review and evaluate grant would constitute a clearly unwarranted Agenda: To review and evaluate contract applications. Place: The Hyatt Regency Hotel, One invasion of personal privacy. proposals. Place: National Library of Medicine, Bethesda Metro Center, Bethesda, MD 20814. Name of Committee: National Institute of Building 38A, HPCC Conference Room Contact Person: Dennis Leszczynski, PhD, Environmental Health Sciences Special B1N30Q, 8600 Rockville Pike, Bethesda, MD Scientific Review Administrator, Center for Emphasis Panel, Review of Conference Grant 20894. (Telephone Conference Call) Scientific Review, National Institutes of (R13) Applications. Contact Person: Susan Sparks, PhD, Senior Health, 6701 Rockledge Drive, Room 6170, Date: February 26, 2002. Education Specialist, National Library of MSC 7892, Bethesda, MD 20892, (301) 435– Time: 1 pm to 1:30 pm. Medicine, Extramural Programs, Rockledge 1044. Agenda: To review and evaluate grant One, 6705 Rockledge Drive, Suite 301, Name of Committee: Endocrinology and applications. Bethesda, MD 20892. Reproductive Sciences Integrated Review
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Group, Biochemical Endocrinology Study Scientific Review, National Institutes of Contact Person: J. Scott Osborne, PhD, Section. Health, 6701 Rockledge Drive, Room 3188, MPH, Scientific Review Administrator, Date: February 11–12, 2002. MSC 7848, Bethesda, MD 20892, (301) 435– Center for Scientific Review, National Time: 8 AM to 5 PM. 0692. [email protected]. Institutes of Health, 6701 Rockledge Drive, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Room 4114 MSC 7816, Bethesda, MD 20892, applications. Review Special Emphasis Panel. (301) 435–1782. Place: Embassy Suites Hotel, The Chevy Date: February 11, 2002. Name of Committee: Cardiovascular Chase Pavilion, 4300 Military Road NW, Time: 9 AM to 5 PM. Sciences Integrated Review Group, Wisconsin at Western Avenue, Washington, Agenda: To review and evaluate grant Hematology Subcommittee 1. DC 20015. applications. Date: February 14–15, 2002. Contact Person: Michael Knecht, PhD, Place: Hyatt Regency Bethesda, One Time: 8 AM to 5 PM. Scientific Review Administrator, Center for Bethesda Metro Center, Bethesda, MD 20814. Agenda: To review and evaluate grant Scientific Review, National Institutes of Contact Person: Richard Marcus, PHD, applications. Health, 6701 Rockledge Drive, Room 6176, Scientific Review Administrator, Center for Place: Bethesda Holiday Inn, Versailles Ill, MSC 7892, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of 8120 Wisconsin Avenue, Bethesda, MD 1046. Health, 6701 Rockledge Drive, Room 5168, 20814. Name of Committee: Endocrinology and MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Robert Su, PhD, Scientific Reproductive Sciences Integrated Review 1245, [email protected]. Review Administrator, Center for Scientific Group, Reproductive Endocrinology Study Name of Committee: Immunological Review, National Institutes of Health, 6701 Section. Sciences Integrated Review Group, Rockledge Drive, Room 4134 MSC 7802, Date: February 11–12, 2002. Immunobiology Study Section. Bethesda, MD 20892, (301) 435–1195. Time: 8 AM to 3 PM. Date: February 12–13, 2002. Name of Committee: Endocrinology and Agenda: To review and evaluate grant Time: 8:30 AM to 3 PM. Reproductive Sciences Integrated Review applications. Agenda: To review and evaluate grant Group, Endocrinology Study Section. Place: Courtyard By Marriott, 805 Russell applications. Date: February 14–15, 2002. Avenue, Gaithersburg, MD 20879. Place: Holiday Inn, 5520 Wisconsin Time: 8 AM to 5 PM. Contact Person: Abubakar A. Shaikh, DVM, Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant PHD, Scientific Review Administrator, Contact Person: Betty Hayden, PHD, applications. Center for Scientific Review, National Scientific Review Administrator, Center for Place: Holiday Inn, 8120 Wisconsin Institutes of Health, 6701 Rockledge Drive, Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Room 6166, MSC 7892, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 4206, Contact Person: Syed M. Amir, PhD, (301) 435–1042. MSC 7812, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Name of Committee: Nutritional and 1223. Scientific Review, National Institutes of Metabolic Sciences Integrated Review Group, Name of Committee: Integrative, Health, 6701 Rockledge Drive, Room 6168, Nutrition Study Section. Functional and Cognitive Neuroscience MSC 7892, Bethesda, MD 20892, (301) 435– Date: February 11–12, 2002. Integrated Review Group, Visual Sciences B 1043, [email protected]. Time: 8:30 AM to 4 PM. Study Section. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Date: February 12–13, 2002. Review Special Emphasis Panel. applications. Time: 8:30 AM to 4 PM. Date: February 14–15, 2002. Place: Hyatt Regency Hotel, One Bethesda Agenda: To review and evaluate grant Time: 8 AM to 5 PM. Metro Center, Bethesda, MD 20814. applications. Contact Person: Sooja K. Kim, PHD, RD, Place: Georgetown Holiday Inn, 2101 Agenda: To review and evaluate grant Scientific Review Administrator, Center for Wisconsin Avenue, NW, Washington, DC applications. Scientific Review, National Institutes of 20007. Place: Embassy Suites, Chevy Chase Health, 6701 Rockledge Drive, Room 6178, Contact Person: Christine Melchior, PHD, Pavilion, 4300 Military Rd., Wisconsin at MSC 7892, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Western Ave., Washington, DC 20015. 1780. Scientific Review, National Institutes of Contact Person: Anne E Schaffner, PHD, Scientific Review Administrator, Center for Name of Committee: Oncological Sciences Health, 6701 Rockledge Drive, Room 5176 Scientific Review, National Institutes of Integrated Review Group, Experimental MSC 7844, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5214, Therapeutics Subcommittee 2. 1713, [email protected]. MSC 7850, Bethesda, MD 20892, (301) 435– Date: February 11–13, 2002. Name of Committee: Center for Scientific 1239, [email protected]. Time: 8:30 AM to 5 PM. Review Special Emphasis Panel. Agenda: To review and evaluate grant Date: February 12, 2002. Name of Committee: Center for Scientific applications. Time: 9 AM to 5 PM. Review Special Emphasis Panel. Place: Embassy Suites Hotel, The Chevy Agenda: To review and evaluate grant Date: February 14–15, 2002. Chase Pavilion, 4300 Military Road NW., applications. Time: 8:30 AM to 6 PM. Wisconsin at Western Avenue, Washington, Place: Embassy Suites Hotel, The Chevy Agenda: To review and evaluate grant DC 20015. Chase Pavilion, 4300 Military Road NW, applications. Contact Person: Marcia Litwack, PHD, Wisconsin at Western Avenue, Washington, Place: Savoy Suites Georgetown, 2505 Scientific Review Administrator, Center for DC 20015. Wisconsin Avenue, NW., Washington, DC Scientific Review, National Institutes of Contact Person: Weijia Ni, PHD, Scientific 20007. Health, 6701 Rockledge Drive, Room 4150, Review Administrator, Center for Scientific Contact Person: Lee S. Mann, PHD, JD, MSC 7804, Bethesda, MD 20892, (301) 435– Review, National Institutes of Health, 6701 Scientific Review Administrator, Center for 1719. Rockledge Drive, Room 3190 MSC 7848, Scientific Review, National Institutes of Name of Committee: Biobehavioral and Bethesda, MD 20892, (301) 435–1507, Health, 6701 Rockledge Drive, Room 3186, Behavioral Process Initial Review Group, [email protected]. MSC 7848, Bethesda, MD 20892, (301) 435– Biobehavioral and Behavioral Processes 2. Name of Committee: Social Sciences, 0677. Date: February 11–12, 2002. Nursing, Epidemiology and Methods Name of Committee: Oncological Sciences Time: 9 AM to 5 PM. Integrated Review Group, Epidemiology and Intergrated Review Group, Experimental Agenda: To review and evaluate grant Disease Control Subcommittee 1. Therapeutics Subcommittee 1. applications. Date: February 14–15, 2002. Date: February 14–15, 2002. Place: The Melrose Hotel, 2430 Time: 8 AM to 5 PM. Time: 8:30 AM to 5 PM. Pennsylvania Ave., NW., Washington, DC Agenda: To review and evaluate grant Agenda: To review and evaluate grant 20037. applications. applications. Contact Person: Thomas A. Tatham, PHD, Place: Holiday Inn, 8120 Wisconsin Place: Arlington Hyatt, 1325 Wilson Scientific Review Administrator, Center for Avenue, Bethesda, MD 20814. Boulevard, Arlington, VA 22209.
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Contact Person: Philip Perkins, PHD, Place: The River Inn, 924 Twenty-Fifth Dated: January 25, 2002. Scientific Review Administrator, Center for Street, NW., Washington, DC 20037. LaVerne Y. Stringfield, Scientific Review, National Institutes of Contact Person: David J. Remondini, PHD, Director, Office of Federal Advisory Health, 6701 Rockledge Drive, Room 4148, Scientific Review Administrator, Center for Committee Policy. MSC 7804, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of 1718, [email protected]. [FR Doc. 02–2386 Filed 1–31–02; 8:45 am] Health, 6701 Rockledge Drive, Room 6154, BILLING CODE 4140–01–M Name of Committee: Genetic Sciences MSC 7890, Bethesda, MD 20892, (301) 435– Integrated Review Group, Mammalian 1038, [email protected]. Genetics Study Section. Date: February 14–15, 2002. Name of Committee: Center for scientific DEPARTMENT OF THE INTERIOR Time: 8:30 AM to 2:30 PM. Review Special Emphasis Panel. Agenda: To review and evaluate grant Date: February 15, 2002. Office of the Secretary applications. Time: 8:30 AM to 12:30 PM. Place: Marriott Key Bridge, 1401 Lee Agenda: To review and evaluate grants Bureau of Indian Affairs Highway, Arlington, VA 22209. applications. Contact Person: Camilla Day, PHD, Place: Monarch Hotel, 2400 M Street, NW., Scientific Review Administrator, Center for Office of Special Trustee for American Washington, DC 20037. Scientific Review, National Institutes of Indians Health, 6701 Rockledge Drive, Room 2208, Contact Person: Randolph Addison, PHD, MSC 7890, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Office of Indian Trust Transition 1037, [email protected]. Scientific Review, National Institutes of Name of Committee: Biochemical Sciences Health, 6701 Rockledge Drive, Room 5144, Tribal Consultation on Indian Trust Integrated Review Group, Medical MSC 7840, Bethesda, MD 20892, (301) 435– Asset Management Biochemistry Study Section. 1025, [email protected]. Date: February 14–15, 2002. Name of Committee: Center for Scientific AGENCIES: Office of the Secretary, Time: 8:30 AM to 3 PM. Review Special Emphasis Panel. Bureau of Indian Affairs, Office of the Agenda: To review and evaluate grant Date: February 15, 2002. Special Trustee for American Indians, applications. Time: 1:30 PM to 5:30 PM. Office of Indian Trust Transition, Place: Governor’s House, 1615 Rhode Agenda: To review and evaluate grants Interior. Island Avenue, NW., Washington, DC 20036. Contact Person: Alexander S. Liacouras, applications. ACTION: Notice of tribal consultation PHD, Scientific Review Administrator, Place: Monarch Hotel, 2400 M Street, NW., meeting. Center for Scientific Review, National Washington, DC 20037. Institutes of Health, 6701 Rockledge Drive, Contact Person: Randolph Addison, PHD, SUMMARY: The Office of the Secretary, Room 5154, MSC 7842, Bethesda, MD 20892, Scientific Review Administrator, Center for along with the Bureau of Indian Affairs, (301) 435–1740. Scientific Review, National Institutes of the Office of Special Trustee for Name of Committee: Immunological Health, 6701 Rockledge Drive, Room 5144, American Indians, and the Office of Sciences Integrated Review Group, MSC 7840, Bethesda, MD 20892, (301) 435– Indian Trust Transition, will conduct an Experimental Immunology Study Section. 1025, [email protected]. additional meeting to discuss a Date: February 14–15, 2002. (Catalogue of Federal Domestic Assistance proposed reorganization of the Time: 8:30 AM to 4 PM. Program Nos. 93.306, Comparative Medicine, Department’s trust responsibility Agenda: To review and evaluate grant 93.306; 93.333, Clinical Research, 93.333, functions to improve the management of applications. 93.337, 93.393–93.396, 93.837–93.844, Indian trust assets. Any tribe, band, Place: Holiday Inn—Chevy Chase, 5520 nation or individual is encouraged to Wisconsin Avenue, Chevy Chase, MD 20815. 93.846–93.878, 93.892–93.893, National Contact Person: Cathleen L. Cooper, PHD, Institutes of Health, HHS) attend this meeting and to submit written comments. This meeting is in Scientific Review Administrator, Center for Dated: January 25, 2002. Scientific Review, National Institutes of addition to those identified in a prior LaVerne Y. Stringfield, Health, 6701 Rockledge Drive, Room 4208, Federal Register notice of December 11, MSC 7812, Bethesda, MD 30892, (301) 435– Director, Office of Federal Advisory 2001 (66 FR 64054). Committee Policy. 3566, [email protected]. DATES: The date and city location of the Name of Committee: Integrative, Function [FR Doc. 02–2385 Filed 1–30–02; 8:45 am] consultation meeting is as follows: and Cognitive Neuroscience Integrated BILLING CODE 4140–01–M • February 14, 2002—Portland, Review Group, Integrative, Functional and Oregon. Cognitive Neuroscience 7. Date: February 14–15, 2002. DEPARTMENT OF HEALTH AND ADDRESSES: The address for the Time: 8:30 AM to 5 PM. HUMAN SERVICES consultation meeting, which will begin Agenda: To review and evaluate grants promptly at 9 a.m., is as follows: applications. National Institutes of Health • Sheraton Hotel, 8235 NE Airport Place: George Washington University Inn, Way, Portland, Oregon 97220. 824 New Hampshire Ave., NW., Washington, DC 20037. Center for Scientific Review; FOR FURTHER INFORMATION CONTACT: Contact Person: Bernard F. Driscoll, PHD, Cancellation of Meeting Wayne R. Smith, Deputy Assistant Scientific Review Administrator, Center for Secretary—Indian Affairs, 1849 C Street, Scientific Review, National Institutes of Notice is hereby given of the NW., MS 4140 MIB, Washington, DC Health, 6701 Rockledge Drive, Room 5158, cancellation of the Cell Development 20240 (202/208–7163). MSC 7844, Bethesda, MD 20892, (301) 435– and Function 4, February 7, 2002, 8:30 SUPPLEMENTARY INFORMATION: The 1242. AM to February 8, 2002, 12:00 PM, purpose of this meeting is to involve Name of Committee: Genetic Sciences Georgetown Suites, 1000 29th Street, affected and interested parties in the Integrated Review Group, Genetics Study NW., Washington, DC, 20007 which was Section. process of organizing the Department’s published in the Federal Register on trust asset management responsibility Date: February 14–16, 2002. January 23, 2002, 67 FR 3221–3223. Time: 9 AM to 4 PM. functions. The Department has Agenda: To review and evaluate grants The meeting is cancelled due to a determined that there is a need for applications. quorum problem. dramatic change in the management of
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Indian trust assets. This need has been collection (OMB Control Number 1010– uses to determine if the lessee is made apparent in several ways. An 0095). reporting and paying the proper royalty independent consultant has analyzed amount. important components of the SUMMARY: To comply with the Regulations at 30 CFR 206.54(b)(1), Department’s trust reform activities and Paperwork Reduction Act (PRA) of 206.109(c)(1), 206.156(c)(1), and made several recommendations, 1995, we are submitting to OMB for 206.177(c)(1) establish the limit on including the recommendation that the review and approval an information transportation allowance deductions for Department consolidate trust functions collection request (ICR) titled ‘‘Request oil and gas at 50 percent of the value of under a single entity. Concerns have to Exceed Regulatory Allowance the oil or gas at the point of sale. also been raised in the Cobell v. Norton Limitation.’’ We are also soliciting Regulations at 30 CFR 206.54(b)(2), case, which is currently pending in the comments from the public on this ICR. 206.109(c)(2), 206.156(c)(3), and Federal District Court for the District of DATES: Submit written comments on or 206.177(c)(2)–(3) provide that MMS may Columbia. Internal review has also before March 4, 2002. approve a transportation allowance in supported reorganization. Additionally, ADDRESSES: Submit written comments excess of 50 percent upon proper a recent report commissioned by the to the Office of Information and application from the royalty payor. Department of the Interior has Regulatory Affairs, OMB, Attention: Similar regulations at 30 CFR 2 supported reorganization. A new office Desk Officer for the Department of the 206.158(c)(2) establish 66 ⁄3 percent of in the Department, the Office of Indian Interior (OMB Control Number 1010– the value of each gas plant product as Trust Transition, has been created to 0095), 725 17th Street, NW, the limit on the allowable gas plan and support reorganization. While Washington, DC 20503. Also, submit processing deduction. Regulations at 30 preliminary actions have been taken by copies of your written comments to CFR 206.158(c)(3) provide for the the Department, the plan for Carol Shelby, Regulatory Specialist, approval of a gas processing allowance 2 reorganization is still in the early stages Minerals Management Service, MS in excess of 66 ⁄3 percent when properly of development. 320B2, P.O. Box 25165, Denver, requested by a Federal gas royalty Written comments may be submitted Colorado 80225. If you use an overnight payor. Effective January 2000, Indian gas regulations do not contain any at the meeting location or may be courier service, MMS’s courier address provisions to exceed the 662⁄3 percent mailed to the address indicated under is Building 85, Room A–614, Denver processing allowance limit. FOR FURTHER INFORMATION Federal Center, Denver, Colorado 80225. the heading To request permission to exceed an CONTACT. Interested persons may FOR FURTHER INFORMATION CONTACT: allowance limit, royalty payors must examine written comments during Carol Shelby, Regulatory Specialist, write a letter to MMS providing the regular business hours (7:45 a.m. to 4:15 phone (303) 231–3151 or FAX (303) reasons why a higher allowance limit is p.m. EST) as arranged by the Assistant 231–3385. necessary. MMS developed Form MMS– Secretary—Indian Affairs, Washington, SUPPLEMENTARY INFORMATION: 4393 to be included with the payor’s DC, Monday through Friday, except for Title: Request to Exceed Regulatory request because in previous Federal holidays. Commenters who Allowance Limitation. unstructured requests some necessary wish to remain anonymous must clearly OMB Control Number: 1010–0095. information was frequently omitted. state this preference at the beginning of Bureau Form Number: Form MMS– MMS is seeking approval to revise their written comments. The 4393. Form MMS–4393. These revisions are Department will honor requests for Abstract: The Department of the necessary to make Form MMS–4393 anonymity to the extent allowable by Interior (DOI) is responsible for matters compatible with other recently revised law. relevant to mineral resource forms such as the Form MMS–2014, This meeting supports administrative development on Federal and Indian Report of Sales and Royalty Remittance policy on tribal consultation by lands and the Outer Continental Shelf (OMB control number 1010–0140). encouraging maximum direct (OCS). The Secretary of the Interior These revisions are the result of a major participation of representatives of tribal (Secretary) is responsible for managing reengineering of MMS’s financial and governments, tribal organizations and the production of minerals from Federal compliance processes and the other interested persons in important and Indian lands and the OCS, procurement of a new computer system. Departmental processes. collecting royalties from lessees who For example, during the reengineering Dated: January 25, 2002. produce minerals, and distributing the process, MMS decided to eliminate the J. Steven Griles, funds collected in accordance with reporting of an accounting identification (AID) number and selling arrangement Deputy Secretary. applicable laws. The Secretary also has an Indian trust responsibility to manage number on all existing forms. In their [FR Doc. 02–2303 Filed 1–30–02; 8:45 am] Indian lands and seek advice and place, MMS is requiring a combination BILLING CODE 4310–02–M information from Indian beneficiaries. of lease and agreement numbers and MMS performs the royalty management sales type codes. Since the existing DEPARTMENT OF THE INTERIOR functions for the Secretary. Form MMS–4393 contains columns for Under certain circumstances, lessees AID and selling arrangement numbers, Minerals Management Service are authorized to deduct from royalty these columns must be removed and payments the reasonable actual costs of new columns for lease and agreement Agency Information Collection transporting the royalty portion of numbers must be added. The revised Activities: Submitted for Office of produced oil and gas from the lease to form requires similar types of Management and Budget (OMB) a processing or sales point not in the information to be provided by the payor Review; Comment Request immediate lease area. When gas is so we do not anticipate any changes in processed for the recovery of gas plant burden hours. The revised form will AGENCY: Minerals Management Service products, lessees may claim a become effective and replace the (MMS), Interior. processing allowance. Transportation existing form when our new financial ACTION: Notice of a revision of a and processing allowances are a part of and compliance system is fully currently approved information the product valuation process that MMS operational.
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Responses to this information involved in this collection of Estimated Annual Reporting and collection are required to obtain or information. Recordkeeping ‘‘Hour’’ Burden: retain a benefit. Proprietary information Frequency: Annually. 37 hours. See the following chart for a is requested and protected, and there are Estimated Number and Description of breakdown of the burden estimate by no questions of a sensitive nature Respondents: 75 royalty payors. CFR section and paragraph.
Annual num- 30 CFR section Reporting requirement Burden hours ber of re- Annual burden per response sponses hours
206.54(b)(2), 206.109(c)(2), 206.156(c)(3), An application for exception (using Form .5 75 37 206.158(c)(3), 206.177(c)(3). MMS–4393 . . .) shall contain all relevant and supporting documentation necessary for MMS to make a determination.
Estimated Annual Reporting and Public Comment Policy: We will make the National Park Service, U.S. Recordkeeping ‘‘Non-hour’’ Burden: We copies of these comments, including Department of the Interior has prepared have identified no ‘‘non-hour cost’’ names and home addresses of a Record of Decision and Statement of burden. respondents, available for public review Findings for Executive Orders 11988 Comments: Section 3506(c)(2)(A) of during regular business hours at our (‘‘Floodplain Management’’) and 11990 the PRA (44 U.S.C. 3501, et seq.) offices in Lakewood, Colorado. (‘‘Protection of Wetlands’’). requires each agency ‘‘* * * to provide Individual respondents may request DATES: The Record of Decision was notice * * * and otherwise consult that we withhold their home address recommended by the Superintendent of with members of the public and affected from the record, which we will honor to Cape Cod National Seashore, and agencies concerning each proposed the extent allowable by law. There may approved by the Director of the collection of information * * *.’’ be circumstances in which we would Northeast Region on November 28, Agencies must specifically solicit withhold from the record a respondent’s 2001. The Statement of Findings was comments to (a) evaluate whether the identity, as allowable by the law. If you also recommended by the proposed collection of information is wish us to withhold your name and/or Superintendent of Cape Cod National necessary for the agency to perform its address, you must state this Seashore, certified for technical duties, including whether the prominently at the beginning of your adequacy and servicewide consistency information is useful; (b) evaluate the comments. However, we will not by both the Chief of the Water Resources accuracy of the agency’s estimate of the consider anonymous comments. We Division and the Northeast Region burden of the proposed collection of will make all submissions from Compliance Officer and approved by the information; (c) enhance the quality, organizations or businesses, and from Director of the Northeast Region on usefulness, and clarity of the individuals identifying themselves as November 28, 2001. information to be collected; and (d) representatives or officials of ADDRESSES: Inquires regarding the minimize the burden on the organizations or businesses, available respondents, including the use of Record of Decision or the Statement of for public inspection in their entirety. Findings should be submitted to the automated collection techniques or MMS Information Collection other forms of information technology. Superintendent, Cape Cod National Clearance Officer: Jo Ann Lauterbach, Seashore, 99 Marconi Site Road, To comply with the public telephone (202) 208–7744 consultation process, on August 15, Wellfleet, Massachusetts 02667. 2001, we published a Federal Register Dated: January 15, 2002. Telephone (508) 349–3785 or e-mail to notice (66 FR 42875) with the required Milton K. Dial, [email protected]. 60-day comment period announcing Acting Associate Director for Minerals SUPPLEMENTARY INFORMATION: The that we would submit this ICR to OMB Revenue Management. summary of the Record of Decision/ for approval. We received comments [FR Doc. 02–2270 Filed 1–30–02; 8:45 am] Statement of Findings follows: from one company. We responded to the BILLING CODE 4310–MR–P The Department of the Interior, comments in our ICR submission for National Park Service (NPS) has OMB approval. We will provide a copy prepared this Record of Decision (ROD)/ of the ICR to you without charge upon DEPARTMENT OF THE INTERIOR Statement of Findings (SOF) concerning request. the issuance of special use permits, If you wish to comment in response National Park Service which would allow for safety to this notice, please send your improvements at the Provincetown Record of Decision/Statement of comments directly to the offices listed Municipal Airport, Provincetown, Findings: Issuance of Permits, Which under the ADDRESSES section of this Massachusetts. This ROD/SOF responds Would Allow for Safety Improvements notice. OMB has up to 60 days to to and references the Final at the Provincetown Municipal Airport, approve or disapprove the information Environmental Impact Statement (FEIS), Provincetown, MA collection but may respond after 30 of April 7, 2000, for the Provincetown days. Therefore, to ensure maximum ACTION: Notice of approval of Record of Municipal Airport, Provincetown, consideration, OMB should receive your Decision. Massachusetts, and Department of comments by March 4, 2002. The PRA Transportation Section 4(F) Statement provides that an agency may not SUMMARY: Pursuant to subsection 102(2) as prepared by the Federal Aviation conduct or sponsor, and a person is not of the National Environmental Policy Administration (FAA). This ROD required to respond to, a collection of Act of 1969, and the regulations provides a statement of the decision information unless it displays a promulgated by the Council on made; a summary description of the currently valid OMB control number. Environmental Quality (40 CFR 1505.2), alternatives analyzed by FAA in their
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FEIS; the decision rationale; and FAA states that when the FAA Fire Management Plan for Chiricahua identification of the environmentally detects a need to further consider National Monument. preferable alternative; a description of runway extension, the FAA will fully mitigation measures; and a discussion of document the need and initiate re- SUMMARY: Under the provisions of the impairment. evaluation of the several factors that National Environmental Policy Act of The U.S. Department of the Interior affect the Federal decision making 1969, the National Park Service is owns the land under the airport. Two process for identifying and selecting the preparing an environmental impact twenty-year Special Use Permits have runway extension alternatives and the statement for the Fire Management Plan been issued and/or updated to the Town adequacy of the FAA ROD, by way of an for Chiricahua National Monument. of Provincetown, as of 6/01/98 and 6/ Environmental Assessment (EA). This effort will result in a new wildland 19/98, to operate a municipal airport Section 4(f) and Executive Order 11990 fire management plan that meets current within a prescribed permit area compliance for runway extension will policies, provides a framework for boundary indicated in the NPS permit(s) be duly accomplished at that time. NPS making fire-related decisions, and for aviation operations. One covers the decision-making on the runway serves as an operational manual. runway area and operational facilities extension is also deferred to that time. Development of a new fire plan is and the other relates to navigational compatible with the broader goals and lighting and instrumentation facilities. Decision (Selected Action) objectives derived from the park Section 4(f) of the Department of purpose that governs resources The National Park Service will adjust Transportation Act of 1966 (recodified management. Alternatives are based on the parkland area permitted for airport at 49 U.S.C. 303) requires ‘‘that the internal scoping done by National Park Secretary shall not approve any program use based only on the proposed actions Service staff on October 17 and 18, or project which requires the use of any related to the Runway Safety Area, 2001. Besides the No-action alternative, public park, recreation area, or wildlife parking aprons, and lighting system as preliminary alternatives include the and waterfowl refuge of national, state, described for safety improvements in proposed Corridor Plan alternative and or local significance as determined by the FEIS for the Provincetown Landscape Plan alternative. The No- the officials having jurisdiction thereof Municipal Airport issued in April 2000 action alternative maintains the current unless there is no feasible and prudent and the FAA’s ROD, signed November 1992 fire management plan strategy of alternative to the use of such land and 21, 2000. This will involve exchange suppression, prescribed natural fire, and such program or project includes all and re-designation of the airport land prescribed burning. The proposed possible planning to minimize harm use footprint, by returning two acres of alternative Corridor Plan alternative resulting from the use.’’ The pending previously permitted land, back to would allow natural fires and issuance of permits covered by this ROD parkland use, and permitting 0.96 acres prescribed fires that meet management for safety improvements necessitated an (incorrectly described in the FAA FEIS objectives except in the narrow corridor impact analysis of 4(f) land, as parkland and FAA ROD as 0.69 acres) of of developments. This area of the park beyond that currently permitted for the parklands needed to serve navigational would be subject to suppression and various airport purposes was requested localizer relocation and its associated selective prescribed burning and by FAA. A Statement of Findings on critical area use. The two acres of mechanical thinning to reduce fuel wetland protection was also prepared to previously permitted parklands are hazards. The Landscape Plan alternative address wetland and floodplain being relinquished by FAA to revert to would call for the National Park Service impacts. parkland uses, in compensation for the and adjacent US Forest Service to The FEIS for the Provincetown new acreage provided for the localizer. jointly formulate a fire management Municipal Airport was prepared by the These two acres are located in a plan that covers the entire landscape of FAA to cover their actions related to surficially undisturbed dune area which the Chiricahua Mountains or a more implementing the airport Master Plan. possess greater ecological value than the naturally-bound portion of the range. The NPS cooperated in the development portion of land being exchanged, Major issues are environmental effects of the FEIS by providing technical input located between the eastern end of the of the FMP that are potential problems and review/commentary on impact runway and Race Point Road. and include reduction of plant and analysis. The Airport Master Plan is Dated: November 28, 2001. wildlife populations, disturbance of basic to FAA’s procedures to develop an Marie Rust, unique sites, increased erosion or debris Airport Layout Plan that guides physical flow, increased air pollution, hazards to airport development and improvement Northeast Regional Director, National Park Service. life and property, visitor inconvenience, such as alterations to runway safety reduced tourism, and damage to cultural [FR Doc. 02–2286 Filed 1–30–02; 8:45 am] areas, the apron area, and replacement resources of an approach light system. BILLING CODE 4310–76–P A scoping brochure has been prepared A runway extension was evaluated in describing the issues identified to date. the FEIS on the basis of current Copies of the brochures may be obtained development interests and currently DEPARTMENT OF THE INTERIOR from Superintendent, Chiricahua feasible alternative considerations; National Monument, 13063 E. Bonita National Park Service however, funding for the project is not Canyon Road, Willcox, AZ 85643–9737. being approved at this time and further Notice of Intent; Fire Management The scoping period will be 30 days from evaluation of this action will be pursued Plan, Environmental Impact Statement, the date this notice is published in the according to conditions outlined in a Chiricahua National Monument, Federal Register. General Agreement prepared by the Arizona FAA and NPS, the essential text of Comments which is presented in the FEIS. The If you wish to comment on the AGENCY: National Park Service, inclusion of the runway extension in the scoping brochure, you may submit your Department of the Interior. FEIS and the Airport Layout Plan was comments by any one of several for planning consideration only. ACTION: Notice of intent to prepare an methods. You may mail comments to Basically, the agreement between NPS environmental impact statement for the Superintendent, Chiricahua National
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Monument, 13063 E. Bonita Canyon DEPARTMENT OF THE INTERIOR The National Park Service (NPS) Road, Willcox, AZ 85643–9737. You maintains two parks sites within the may also comment via the Internet to National Park Service region: Valley Forge National Historical [email protected]. Please Park and the Hopewell Furnace Notice of Intent To Prepare an submit Internet comments as an ASCII National Historic Site. Otherwise the Environmental Impact Statement for file avoiding the use of special majority of land is non-federal and the the Schuylkill River Valley National NPS assumes a management role only characters and any form of encryption. Heritage, Management Plan Update Please also include ‘‘Attn: Chiricahua within their park units. Instead, Fire Management Plan’’ and your name AGENCY: National Park Service, conservation, interpretation and other and return address in your Internet Department of the Interior. activities are managed by partnerships among federal, state, and local message. If you do not receive a ACTION: Notice of intent to prepare an governments and private nonprofit confirmation from the system that we Environmental Impact Statement for the organizations. The Schuylkill River have received your Internet message, Schuylkill River Valley National Greenway Association manages the contact us directly at Resources Heritage Management Plan Update. national heritage area. The National Management 520–824–3560 x120. SUMMARY: Under the provisions of the Park Service has been authorized by Finally, you may hand-deliver Congress to provide technical and comments to the above address or at the National Environmental Policy Act of 1969, the National Park Service is financial assistance for a limited period two public meetings that will be held in preparing an environmental impact (up to 10 years from the time of the Portal, Arizona, and a location near the statement (EIS) for the Management designation in 2000). monument. Notification of the public Plan for the Schuylkill River Valley The EIS will address a range of meetings will be given in a brochure National Heritage Area. The Schuylkill alternatives—they include a no-action describing the fire planning process, River Valley National Heritage Act of alternative and other action alternatives. which will be mailed to the addresses 2000 requires the Schuylkill River The impacts of the alternatives will be generated for the monument’s recently Greenway Association, with guidance assessed through the EIS process. approved general management plan. from the National Park Service, to A scoping meeting will be scheduled The brochure will be mailed once we prepare an update of their 1995 and notice will be made of the meeting are notified of the date that this Notice Schuylkill Heritage Corridor through a broad public mailing and of Intent is published in the Federal Management Action Plan. The publication in the local newspapers. Register. If you are not on the Management Plan Update is expected to FOR FURTHER INFORMATION CONTACT: monument’s mailing list and would like include: (A) actions to be undertaken by Peter Samuel, Project Leader, a copy of the brochure, please contact units of government and private Philadelphia Support Office, National the Superintendent. organizations to protect the resources of Park Service, US Custom House, 200 Our practice is to make comments, the Heritage Area; (B) an inventory of Chestnut Street, Philadelphia, PA including names and home addresses of the resources contained in the Heritage 19106, [email protected], 215– respondents, available for public review Area, including an list of any property 597–1848. in the Heritage Area that is related to the during regular business hours. If you correspond using the internet, themes of the Heritage Area and that Individual respondents may request that please include your name and return should be preserved, restored, managed, address in your e-mail message. Our we withhold their home address from developed, or maintained because of its the record, which we will honor to the practice is to make comments, including natural, cultural, historical, recreational, names and home addresses of extent allowable by law. There also may or scenic significance; (C) a be circumstances in which we would respondents, available for public recommendation of policies for resource review. Individual respondents may withhold from the record a respondent’s management that considers and details identity, as allowable by law. If you request that we withhold their home application of appropriate land and address from the record, which we will wish us to withhold your name and/or water management techniques, address, you must state this honor or the extent allowable by law. including the development of There also may be circumstances in prominently at the beginning of your intergovernmental cooperative which we would withhold from the comment. We will make all submissions agreements to protect the historical, record a respondent’s identify, as from organizations or businesses, and cultural, recreational, and natural allowable by law. If you wish us to from individuals identifying themselves resources of the Heritage Area in a withhold your name and/or address, as representatives or officials of manner consistent with supporting you must state this prominently at the organizations or businesses, available appropriate and compatible economic beginning of your comment. However, for public inspection in their entirety. viability; (D) a program for we will not consider anonymous implementation of the management plan FOR FURTHER INFORMATION CONTACT: comments. We will make all by the management entity; (E) an submissions from organizations or Superintendent, Chiricahua National analysis of ways in which local, State, Monument, 520–824–3560 x105. businesses, and from individuals and Federal programs may best be identifying themselves as Dated: December 20, 2001. coordinated to promote the purposes of representatives or officials or Michael D. Snyder, this title; and (F) an interpretation plan organizations or businesses, available for the Heritage Area. Acting Director, Intermountain Region, for public inspection in their entirety. National Park Service. The study area, designated as the Schuylkill River Valley National Dated: December 18, 2001. [FR Doc. 02–2308 Filed 1–30–02; 8:45 am] Heritage, includes parts of the counties Dale Ditmanson, BILLING CODE 4310–70–P of: Schuykill, Berks, Chester, Associate Regional Director, Park Operations Montgomery and Philadelphia in and Education, Northeast Region. southeastern Pennsylvania as associated [FR Doc. 02–2306 Filed 1–30–02; 8:45 am] with the Schuylkill River corridor. BILLING CODE 4310–70–M
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DEPARTMENT OF THE INTERIOR properties under the National Register MISSOURI criteria for evaluation may be forwarded Maries County National Park Service by United States Postal Service, to the National Register of Historic Places, Maries County Jail and Sheriff’s House, Jct. Golden Gate National Recreational National Park Service, 1849 C St. NW, of Fifth and Mill Sts., Vienna, 02000101 Area and Point Reyes National NC400, Washington, DC 20240; by all Osage County Seashore Advisory Commission; other carriers, National Register of Notice of Meeting Cancellation Zewicki, Dr. Enoch T. and Amy, House, 402 Historic Places, National Park Service, E. Main St., Linn, 02000121 Notice is hereby given in accordance 800 N. Capitol St.NW, Suite 400, St. Louis Independent City with the Federal Advisory Committee Washington DC 20002; or by fax, 202– Act that the meeting of the Golden Gate 343–1836 . Written or faxed comments Delany Building, 1000–06 Loust St., St. Louis National Recreational Area and Point should be submitted by February 15, (Independent City), 02000102 2002. Reyes National Seashore Advisory MONTANA Commission previously scheduled for Carol D. Shull, Madison County Saturday, February 2, 2002 in Point Keeper of the National Register Of Historic Reyes Station, California will be Places. Byam, Dr. Don L., House, Main St., Nevada cancelled. City, 02000103 COLORADO The Advisory Commission was Finney House, Jct. of Main and California established by Public Law 92–589 to Denver County Sts., Nevada City, 02000104 provide for the free exchange of ideas Kerr House, 1900 E. 7th Ave. Pkwy, Denver, Yellowstone County between the National Park Service and 02000125 Electric Building, 113–115 Broadway, the public and to facilitate the Pueblo County Billings, 02000105 solicitation of advice and other counsel St. John’s Greek Orthodox Church, 1000– NEVADA from members of the public on 1010 Spruce St., Pueblo, 02000123 problems pertinent to the National Park Clark County Service systems in Marin, San Francisco GEORGIA Sloan Petroglyph Site (Boundary Increase), and San Mateo Counties. Members of Madison County Address Restricted, Las Vegas, 02000114 the Commission are as follows: Paoli Historic District, Jct. of Cty Rd. 334 amd Mr. Richard Bartke, Chairman Cty Rd. 331, Paoli, 02000094 NEW JERSEY Ms. Susan Giacomini Allan Morgan County Atlantic County Mr. Michael Alexander Buckhead Historic District, Roughly bounded Doughty, John, House, 40 North Shore Rd., Ms. Lennie Roberts by Main St. and Parks Mill, Seven Islands Absecon City, 02000107 Mr. Fred Rodriquez and Baldwin Dairy Rds., Buckhead, Mr. Redmond Kernan 02000097 Middlesex County Mr. Gordon Bennett Washington County Roosevelt Hospital, 1 Roosevelt Dr., Edison, Mr. John J. Spring 02000109 Mr. Doug Nadeau Sanderville Commercial and Industrial District, (Georgia County Courthouses TR) Morris County Ms. Amy Meyer, Vice Chair Roughly Jernigan, Gilmore, North Smith, United States Army Steam Locomotice No. Mr. Douglas Siden East Haynes, W. Haynes, and Warthen Sts., Mr. Dennis J. Rodoni Sandersville, 02000120 4039, 1 Railroad Plaza, 10 West and Ms. Yvonne Lee Whippany Rd., Hanover Township, ILLINOIS Mr. Trent Orr 02000108 Ms. Betsey Cutler Adams County Union County Ms. Anna-Marie Booth Ursa Town Hall, 109 S. Warsaw St., Ursa, Grace Episcopal Church, 600 Cleveland Ave., 02000095 Dr. Edgar Wayburn Plainfield City, 02000106 Mr. Paul Jones Woodland Cemetery, 1020 S. Fifth St., Quincy, 02000096 NORTH CAROLINA Dated: January 11, 2002. Don L. Neubacher, Coles County Burke County Superintendent, Point Reyes National Illinois Central Railroad Depot, 1718 Sloan—Throneburg Farm, NC 1429, 0.3 mi. Seashore. Broadway Ave., Mattoon, 02000098 W of jct. with NC 1450, Chesterfield, [FR Doc. 02–2307 Filed 1–30–02; 8:45 am] Cook County 02000110 BILLING CODE 4310–70–M Aquitania, The, 5000 Marine Dr., Chicago, Lee County 02000099 Gunderson Historic District, Roughly Farish—Lambeth House, (Lee County MPS) DEPARTMENT OF THE INTERIOR bounded by Madison St., Harrison St. 6308 Deep River Rd., Sanford, 02000111 Gunderson St., and S. Ridgeland Ave., Oak Mitchell County National Park Service Park, 02000100 Gunter Building, 288 Oak Ave., Spruce Pine, LOUISIANA National Register of Historic Places; 02000112 Natchitoches Parish Notification of Pending Nominations Surry County Jones, Jerry, House, LA 484, Melrose, Nominations for the following 02000124 Hauser Farm, 308 Horne Creek Farm Rd., properties being considered for listing Pinnacle, 02000113 MARYLAND in the National Register were received SOUTH CAROLINA by the National Park Service before Calvert County Greenwood County January 19, 2002. Pursuant to § 60.13 of JEFFERSONIAN Gunboats NUMBER 137 and 36 CFR part 60 written comments NUMBER 138 (Shipwreck), Address Old Greenwood Cemetery, 503 E. Cambridge concerning the significance of these Restricted, St. Leonard, 02000122 Ave., Greenwood, 02000115
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TEXAS for the determinations within this Shoshone Band of California; Duckwater Brazos County notice. Shoshone Tribe of the Duckwater A detailed assessment of the human Reservation, Nevada; Ely Shoshone Bryan Municipal Building, (Bryan MRA) 111 remains was made by University of E. 27th St., Bryan, 02000116 Tribe of Nevada; Fort McDermitt Paiute Denver Department of Anthropology and Shoshone Tribes of the Fort Harris County and Museum of Anthropology McDermitt Indian Reservation, Nevada Boulevard Oaks Historic District, Roughly professional staff and a contract and Oregon; Northwestern Band of bounded by North Blvd., South Blvd., physical anthropologist in consultation Shoshoni Nation of Utah (Washakie); Hazard and Mandell Sts., Houston, with representatives of the Big Pine Paiute-Shoshone Indians of the Bishop 02000117 Band of Owens Valley Paiute Shoshone Community of the Bishop Colony, VERMONT Indians of the Big Pine Reservation, California; Paiute-Shoshone Indians of California; Death Valley Timbi-Sha Franklin County the Lone Pine Community of the Lone Shoshone Band of California; Duckwater Pine Reservation, California; Paiute- Swanton School, (Educational Resources of Shoshone Tribe of the Duckwater Shoshone Tribe of the Fallon Vermont MPS) 53 Church St., Swanton, Reservation, Nevada; Ely Shoshone 02000118 Reservation and Colony, Nevada; Tribe of Nevada; Fort McDermitt Paiute Shoshone Tribe of the Wind River Windsor County and Shoshone Tribes of the Fort Reservation, Wyoming; Shoshone- Atherton Farmstead, 31 Greenbush Rd., McDermitt Indian Reservation, Nevada Bannock Tribes of the Fort Hall Cavendish, 02000119 and Oregon; Northwestern Band of Reservation of Idaho; Shoshone-Paiute A request for REMOVAL has been made for Shoshoni Nation of Utah (Washakie); Tribes of the Duck Valley Reservation, the following resources: Paiute-Shoshone Indians of the Bishop Nevada; Te-Moak Tribes of Western SOUTH DAKOTA Community of the Bishop Colony, Shoshone Indians of Nevada (four California; Paiute-Shoshone Indians of constituent bands: Battle Mountain Jones County the Lone Pine Community of the Lone Band, Elko Band, South Fork Band, and Van Metre Bridge (Historic Bridges in South Pine Reservation, California; Paiute- Wells Band); and the Yomba Shoshone Dakota MPS) Local Rd. over the Bad R. Shoshone Tribe of the Fallon Tribe of the Yomba Reservation, Murdo vicinity, 93001296 Reservation and Colony, Nevada; Nevada. Shoshone Tribe of the Wind River WISCONSIN Based on the above-mentioned Reservation, Wyoming; Shoshone- Waukesha County Bannock Tribes of the Fort Hall information, officials of the University Waukesha County Airport Hangar 24151 W. Reservation of Idaho; Shoshone-Paiute of Denver Department of Anthropology Bluemound Rd., Waukesha, 98001596 Tribes of the Duck Valley Reservation, and Museum of Anthropology have [FR Doc. 02–2287 Filed 1–30–02; 8:45 am] Nevada; Te-Moak Tribes of Western determined that, pursuant to 43 CFR 10.2 (d)(1), the human remains listed BILLING CODE 4310–70–P Shoshone Indians of Nevada (four constituent bands: Battle Mountain above represent the physical remains of Band, Elko Band, South Fork Band, and two individuals of Native American DEPARTMENT OF THE INTERIOR Wells Band); and the Yomba Shoshone ancestry. Also, officials of the Tribe of the Yomba Reservation, University of Denver Department of National Park Service Nevada. Anthropology and Museum of Around 1940, human remains Anthropology have determined that, Notice of Inventory Completion for representing two individuals were pursuant to 43 CFR 10.2 (e), there is a Native American Human Remains and collected from the area of Big Sandy, relationship of shared group identity Associated Funerary Objects in the Sublette County, WY, by Scott Peterson that can be reasonably traced between Possession of the University of Denver (Crow) and Alice Peterson (Shoshone). these Native American human remains Department of Anthropology and At an unknown date, the Petersons gave and the Big Pine Band of Owens Valley Museum of Anthropology, Denver, CO the remains to Theodore Sowers. Mr. Paiute Shoshone Indians of the Big Pine AGENCY: National Park Service, Interior. Sowers was a graduate of the University Reservation, California; Death Valley Timbi-Sha Shoshone Band of California; ACTION: Notice. of Denver and, in 1995, his daughters donated the remains to the University of Duckwater Shoshone Tribe of the Notice is hereby given in accordance Denver so that they could be repatriated. Duckwater Reservation, Nevada; Ely with provisions of the Native American No known individuals were identified. Shoshone Tribe of Nevada; Fort Graves Protection and Repatriation Act No associated funerary objects are McDermitt Paiute and Shoshone Tribes (NAGPRA), 43 CFR 10.9, of the present. of the Fort McDermitt Indian completion of an inventory of human The statements of the collectors and Reservation, Nevada and Oregon; remains and associated funerary objects the donor indicate that these remains Northwestern Band of Shoshoni Nation in the possession of the University of are Native American, which are of Utah (Washakie); Paiute-Shoshone Denver Department of Anthropology supported by the osteological and Indians of the Bishop Community of the and Museum of Anthropology, Denver, geographical evidence. Linguistic and Bishop Colony, California; Paiute- CO. ethnographic evidence indicates that the Shoshone Indians of the Lone Pine This notice is published as part of the ancestors of the Eastern Shoshone Community of the Lone Pine National Park Service’s administrative arrived in the Wind River region by A.D. Reservation, California; Paiute- responsibilities under NAGPRA, 43 CFR 1000, and perhaps much earlier. The Shoshone Tribe of the Fallon 10.2 (c). The determinations within this condition of the remains suggests that Reservation and Colony, Nevada; notice are the sole responsibility of the they are probably younger than 1000 Shoshone Tribe of the Wind River museum, institution, or Federal agency years old. The Eastern Shoshone are Reservation, Wyoming; Shoshone- that has control of these Native currently represented by the Big Pine Bannock Tribes of the Fort Hall American human remains and Band of Owens Valley Paiute Shoshone Reservation of Idaho; Shoshone-Paiute associated funerary objects. The Indians of the Big Pine Reservation, Tribes of the Duck Valley Reservation, National Park Service is not responsible California; Death Valley Timbi-Sha Nevada; Te-Moak Tribes of Western
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Shoshone Indians of Nevada (four Shoshone Tribe of the Wind River participation procedures will be constituent bands: Battle Mountain Reservation, Wyoming; Shoshone- coordinated with those involved in Band, Elko Band, South Fork Band, and Bannock Tribes of the Fort Hall complying with the National Wells Band); and the Yomba Shoshone Reservation of Idaho; Shoshone-Paiute Environmental Policy Act. Tribe of the Yomba Reservation, Tribes of the Duck Valley Reservation, ADDRESSES: The identity of the Nevada. Nevada; Te-Moak Tribes of Western approving officer and other information This notice has been sent to officials Shoshone Indians of Nevada (four pertaining to a specific contract of the Big Pine Band of Owens Valley constituent bands: Battle Mountain proposal may be obtained by calling or Paiute Shoshone Indians of the Big Pine Band, Elko Band, South Fork Band, and writing the appropriate regional office at Reservation, California; Death Valley Wells Band); and the Yomba Shoshone the address and telephone number given Timbi-Sha Shoshone Band of California; Tribe of the Yomba Reservation, for each region in the supplementary Duckwater Shoshone Tribe of the Nevada, may begin after that date if no information. additional claimants come forward. Duckwater Reservation, Nevada; Ely FOR FURTHER INFORMATION CONTACT: Shoshone Tribe of Nevada; Fort Dated: January 14, 2002. Sandra L. Simons, Manager, Water McDermitt Paiute and Shoshone Tribes Robert Stearns, Contracts and Repayment Office, Bureau of the Fort McDermitt Indian Manager, National NAGPRA Program. of Reclamation, PO Box 25007, Denver, Reservation, Nevada and Oregon; [FR Doc. 02–2309 Filed 1–30–02; 8:45 am] Colorado 80225–0007; telephone 303– Northwestern Band of Shoshoni Nation BILLING CODE 4310–70–S 445–2902. of Utah (Washakie); Paiute-Shoshone SUPPLEMENTARY INFORMATION: Pursuant Indians of the Bishop Community of the to section 226 of the Reclamation Bishop Colony, California; Paiute- DEPARTMENT OF THE INTERIOR Reform Act of 1982 (96 Stat. 1273) and Shoshone Indians of the Lone Pine 43 CFR 426.20 of the rules and Community of the Lone Pine Bureau of Reclamation regulations published in 52 FR 11954, Reservation, California; Paiute- Quarterly Status Report of Water Apr. 13, 1987, Reclamation will publish Shoshone Tribe of the Fallon notice of the proposed or amendatory Reservation and Colony, Nevada; Service, Repayment, and Other Water- Related Contract Negotiations contract actions for any contract for the Shoshone Tribe of the Wind River delivery of project water for authorized Reservation, Wyoming; Shoshone- AGENCY: Bureau of Reclamation, uses in newspapers of general Bannock Tribes of the Fort Hall Interior. circulation in the affected area at least Reservation of Idaho; Shoshone-Paiute ACTION: Notice. 60 days prior to contract execution. Tribes of the Duck Valley Reservation, Pursuant to the ‘‘Final Revised Public Nevada; Te-Moak Tribes of Western SUMMARY: Notice is hereby given of Participation Procedures’’ for water Shoshone Indians of Nevada (four proposed contractual actions pending resource-related contract negotiations, constituent bands: Battle Mountain through December 31, 2001, and published in 47 FR 7763, Feb. 22, 1982, Band, Elko Band, South Fork Band, and contract actions that have been a tabulation is provided of all proposed Wells Band); and the Yomba Shoshone completed or discontinued since the last contractual actions in each of the five Tribe of the Yomba Reservation, publication of this notice on October 25, Reclamation regions. Each proposed Nevada. Representatives of any other 2001. From the date of this publication, action is, or is expected to be, in some Indian tribe that believes itself to be future quarterly notices during this stage of the contract negotiation process culturally affiliated with these human calendar year will be limited to new, in 2002. When contract negotiations are remains should contact Jan I. Bernstein, modified, discontinued, or completed completed, and prior to execution, each Collections Manager and NAGPRA contract actions. This annual notice proposed contract form must be Coordinator at the University of Denver should be used as a point of reference approved by the Secretary of the Department of Anthropology and to identify changes in future notices. Interior, or pursuant to delegated or Museum of Anthropology, 2000 Asbury, This notice is one of a variety of means redelegated authority, the Commissioner Sturm Hall S-146, Denver, CO 80208- used to inform the public about of Reclamation or one of the regional 2406, email [email protected], telephone proposed contractual actions for capital directors. In some instances, (303) 871-2543, before March 4, 2002. recovery and management of project congressional review and approval of a Repatriation of the human remains to resources and facilities. Additional report, water rate, or other terms and the Big Pine Band of Owens Valley Bureau of Reclamation (Reclamation) conditions of the contract may be Paiute Shoshone Indians of the Big Pine announcements of individual contract involved. Reservation, California; Death Valley actions may be published in the Federal Public participation in and receipt of Timbi-Sha Shoshone Band of California; Register and in newspapers of general comments on contract proposals will be Duckwater Shoshone Tribe of the circulation in the areas determined by facilitated by adherence to the following Duckwater Reservation, Nevada; Ely Reclamation to be affected by the procedures: Shoshone Tribe of Nevada; Fort proposed action. Announcements may 1. Only persons authorized to act on McDermitt Paiute and Shoshone Tribes be in the form of news releases, legal behalf of the contracting entities may of the Fort McDermitt Indian notices, official letters, memorandums, negotiate the terms and conditions of a Reservation, Nevada and Oregon; or other forms of written material. specific contract proposal. Northwestern Band of Shoshoni Nation Meetings, workshops, and/or hearings 2. Advance notice of meetings or of Utah (Washakie); Paiute-Shoshone may also be used, as appropriate, to hearings will be furnished to those Indians of the Bishop Community of the provide local publicity. The public parties that have made a timely written Bishop Colony, California; Paiute- participation procedures do not apply to request for such notice to the Shoshone Indians of the Lone Pine proposed contracts for sale of surplus or appropriate regional or project office of Community of the Lone Pine interim irrigation water for a term of 1 Reclamation. Reservation, California; Paiute- year or less. Either of the contracting 3. Written correspondence regarding Shoshone Tribe of the Fallon parties may invite the public to observe proposed contracts may be made Reservation and Colony, Nevada; contract proceedings. All public available to the general public pursuant
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to the terms and procedures of the 1. Irrigation, M&I, and miscellaneous Teanaway River and Big Creek water Freedom of Information Act (80 Stat. water users; Idaho, Oregon, Washington, rights to Reclamation for instream flow 383), as amended. Montana, and Wyoming: Temporary or use in exchange for annual use of up to 4. Written comments on a proposed interim water service contracts for 3,500 acre-feet of water from Cle Elum contract or contract action must be irrigation, M&I, or miscellaneous use to Reservoir for a proposed resort submitted to the appropriate regional provide up to 10,000 acre-feet of water development. officials at the locations and within the annually for terms up to 5 years; long- 12. City of Cle Elum, Yakima Project, time limits set forth in the advance term contracts for similar service for up Washington: Contract for up to 2,170 public notices. to 1,000 acre-feet of water annually. acre-feet of water for municipal use. 5. All written comments received and 2. Rogue River Basin Water Users, 13. Burley ID, Minidoka Project, testimony presented at any public Rogue River Basin Project, Oregon: Idaho-Wyoming: Supplemental and hearings will be reviewed and Water service contracts; $8 per acre-foot amendatory contract providing for the summarized by the appropriate regional per annum. transfer of O&M of the headworks of the office for use by the contract approving 3. Willamette Basin Water Users, Main South Side Canal and works authority. Willamette Basin Project, Oregon: Water incidental thereto. 6. Copies of specific proposed service contracts; $8 per acre-foot per 14. Minidoka ID, Minidoka Project, contracts may be obtained from the annum. Idaho-Wyoming: Supplemental and appropriate regional director or his 4. Pioneer Ditch Company, Boise amendatory contract providing for the designated public contact as they Project, Idaho; Clark and Edwards Canal transfer of O&M of the headworks of the become available for review and and Irrigation Company, Enterprise Main North Side Canal and works comment. Canal Company, Ltd., Fremont-Madison incidental thereto. 7. In the event modifications are made ID, Lenroot Canal Company, Liberty 15. Fremont-Madison ID, Minidoka in the form of a proposed contract, the Park Canal Company, Parsons Ditch Project, Idaho-Wyoming: Repayment appropriate regional director shall Company, Poplar ID, Wearyrick Ditch contract for reimbursable cost of SOD determine whether republication of the Company, all in the Minidoka Project, modifications to Grassy Lake Dam. notice and/or extension of the comment Idaho; Juniper Flat District 16. Twenty-two irrigation districts of period is necessary. Improvement Company, Wapinitia the Storage Division, Yakima Project, Factors considered in making such a Project, Oregon; and Gem, Ridgeview, Washington: Repayment agreements for determination shall include, but are not and Owyhee IDs, Owyhee Project, the reimbursable cost of SOD limited to: (i) the significance of the Oregon: Amendatory repayment and modifications to Keechelus Dam. modification, and (ii) the degree of water service contracts; purpose is to 17. Wenatchee Heights Reclamation public interest which has been conform to the RRA (Public Law 97– District, Washington: Deferment expressed over the course of the 293). contract for the deferment of the negotiations. As a minimum, the 5. Bridgeport ID, Chief Joseph Dam District’s annual installments due in regional director shall furnish revised Project, Washington: Warren Act 2001 and 2002 under a Drought Act loan contracts to all parties who requested contract for the use of an irrigation contract. the contract in response to the initial outlet in Chief Joseph Dam. 18. Individual irrigation water user, public notice. 6. Palmer Creek Water District Rogue River Basin Project, Oregon: Improvement Company, Willamette Water service contract to provide 1,029 Acronym Definitions Used Herein Basin Project, Oregon: Irrigation water acre-feet of stored water from Lost Creek BON Basis of Negotiation service contract for approximately Reservoir (a Corps of Engineers’ project) BCP Boulder Canyon Project 13,000 acre-feet. Reclamation Bureau of Reclamation 7. U. S. Fish and Wildlife Service and for the purpose of irrigation. CAP Central Arizona Project Boise-Kuna ID, Boise Project, Idaho: 19. Roza ID, Yakima Project, CUP Central Utah Project Memorandum of agreement for the use Washington: Deferment contract for the CVP Central Valley Project of approximately 400 acre-feet of storage deferment of the District’s 2001 CRSP Colorado River Storage Project space annually in Anderson Ranch construction obligation under the D&MC Drainage and Minor Reservoir. Water to be used for wildlife Drought Act of 1959. Construction mitigation purposes (ponds and 20. Queener Irrigation Improvement FR Federal Register District, Willamette Basin Project, IDD Irrigation and Drainage District wetlands). 8. North Unit ID and/or city of Oregon: Renewal of long-term water ID Irrigation District service contract to provide up to 2,150 M&I Municipal and Industrial Madras, Deschutes Project, Oregon: acre-feet of stored water from the NEPA National Environmental Policy Long-term municipal water service Willamette Basin Project (a Corps of Act contract for provision of approximately O&M Operation and Maintenance 125 acre-feet annually from the project Engineers’ project) for the purpose of P–SMBP Pick-Sloan Missouri Basin water supply to the city of Madras. irrigation within the District’s service Program 9. North Unit ID, Deschutes Project, area. PPR Present Perfected Right Oregon: Warren Act contract with cost 21. Vale and Warm Springs IDs, Vale RRA Reclamation Reform Act of service charge to allow for use of Project, Oregon: Repayment contract for R&B Rehabilitation and Betterment project facilities to convey nonproject reimbursable cost of SOD modifications SOD Safety of Dams water. to Warm Springs Dam. SRPA Small Reclamation Projects Act 10. Baker Valley ID, Baker Project, 22. Hermiston, Stanfield, and West WCUA Water Conservation and Oregon: Warren Act contract with cost Extension IDs, Umatilla Project, Oregon: Utilization Act of service charge to allow for use of Amendatory repayment contracts for WD Water District project facilities to store nonproject long-term boundary expansions to Pacific Northwest Region: Bureau of water. include lands outside of federally Reclamation, 1150 North Curtis Road, 11. Trendwest Resorts, Yakima recognized district boundaries. Suite 100, Boise, Idaho 83706–1234, Project, Washington: Long-term water The following contract action has telephone 208–378–5223. exchange contract for assignment of been completed since the last
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publication of this notice on October 25, 5. Sutter Extension and Biggs-West facilities to be used to deliver 2001. Gridley WDs, Buena Vista Water Storage nonproject water to the El Dorado ID for 1. (14) Farmer’s and Buck and Jones District, and the State of California use within their service area. Ditch Associations or the Applegate Department of Water Resources, CVP, 15. Placer County Water Agency, CVP, Irrigation Corporation, Rogue River California: Pursuant to Public Law 102– California: Amendment of existing Basin Project, Oregon: Long-term 575, conveyance agreements for the water service contract to allow for irrigation water service contract for purpose of wheeling refuge water additional points of diversion and provision of up to 4,475 acre-feet of supplies and funding District facility adjustment to CVP water quantities. The stored water from Applegate Reservoir improvements and exchange agreements amended contract will conform to (a Corps of Engineers’ project) in to provide water for refuge and private current Reclamation law. exchange for the assignment of Little wetlands. 16. Horsefly, Klamath, Langell Valley, Applegate River natural flow rights to 6. Mountain Gate Community and Tulelake IDs, Klamath Project, Reclamation for instream flow use. Services District, CVP, California: Oregon: Repayment contract for SOD Contract was executed on October 1, Amendment of existing long-term water work on Clear Lake Dam. 2001. service contract to include right to 17. Casitas Municipal WD, Ventura Mid-Pacific Region: Bureau of renew. This amendment will also Project, California: Repayment contract Reclamation, 2800 Cottage Way, conform the contract to current for SOD work on Casistas Dam. Sacramento, California 95825–1898, Reclamation law, including Public Law 18. Warren Act Contracts, CVP, telephone 916–978–5250. 102–575. California: Execution of long-term 1. Irrigation water districts, individual 7. Cachuma Operation and Warren Act contracts (up to 25 years) irrigators, M&I and miscellaneous water Maintenance Board, Cachuma Project, with various entities for conveyance of users, Mid-Pacific Region projects other California: Repayment contract for SOD nonproject water in the Delta-Mendota than CVP: Temporary (interim) water work on Bradbury Dam. Canal and the Friant Division facilities. service contracts for available project 8. CVP Service Area, California: 19. Tuolumne Utilities District water for irrigation, M&I, or fish and Temporary water purchase agreements (formerly Tuolumne Regional WD), wildlife purposes providing up to for acquisition of 20,000 to 200,000 CVP, California: Long-term water 10,000 acre-feet of water annually for acre-feet of water for fish and wildlife service contract for up to 9,000 acre-feet terms up to 5 years; temporary Warren purposes as authorized by the Central from New Melones Reservoir, and Act contracts for use of project facilities Valley Project Improvement Act for possibly long-term contract for storage for terms up to 1 year; temporary terms of up to 3 years. of nonproject water in New Melones conveyance agreements with the State of 9. City of Roseville, CVP, California: Reservoir. California for various purposes; long- Execution of long-term Warren Act 20. Banta Carbona ID, CVP, California: term contracts for similar service for up contract for conveyance of nonproject Long-term Warren Act contract for to 1,000 acre-feet annually. water provided from the Placer County conveyance of nonproject water in the Note: Upon written request, copies of the Water Agency. This contract will allow Delta-Mendota Canal. standard forms of temporary water service CVP facilities to be used to deliver 21. Plain View WD, CVP, California: contracts for the various types of service are nonproject water to the City of Roseville Long-term Warren Act contract for available from the Regional Director at the for use within their service area. conveyance of nonproject water in the address shown above. 10. Sacramento Municipal Utility Delta-Mendota Canal. 2. Contractors from the American District, CVP, California: Amendment of 22. City of Redding, CVP, California: River Division, Cross Valley Canal, existing water service contract to allow Amend water service contract, No. 14– Delta Division, Friant Division, for additional points of diversion and 06–200–5272A, for the purpose of Sacramento River Division, San Felipe assignment of up to 30,000 acre-feet of renegotiating the provisions of contract Division, Shasta Division, Trinity River project water to the Sacramento County Article 15, ‘‘Water Shortage and Division, and West San Joaquin Water Agency. The amended contract Apportionment,’’ to conform to current Division, CVP, California: Early renewal will conform to current Reclamation CVP M&I water shortage policy. of existing long-term contracts; long- law. 23. Byron-Bethany ID, CVP, term renewal of the interim renewal 11. Mercy Springs WD, CVP, California: Long-term Warren Act water service contracts expiring in 2002; California: Partial assignment of about contract for conveyance of nonproject water quantities for these contracts total 7,000 acre-feet of Mercy Springs WD’s water in the Delta-Mendota Canal. in excess of 3.4M acre-feet. These water service contract to Westlands WD 24. Resource Renewal Institute, CVP, contract actions will be accomplished for agricultural use. California: Proposed water purchase through long-term renewal contracts 12. Cachuma Operations and agreement with Resource Renewal pursuant to Public Law 102–575. Prior Maintenance Board, Cachuma Project, Institute for the permanent purchase of to completion of negotiation of long- California: Temporary interim contract water rights on Butte Creek for instream term renewal contracts, existing interim (not to exceed 1 year) to transfer flow purposes. renewal water service contracts may be responsibility of certain Cachuma 25. Sacramento Area Flood Control renewed through successive interim Project facilities to member units. Agency, CVP, California: Execution of a renewal of contracts. 13. M&T, Inc., Sacramento River long-term operations agreement for 3. Redwood Valley County WD, Water Rights Contractors, CVP, flood control operations of Folsom Dam SRPA, California: Restructuring the California: A proposed exchange and Reservoir to allow for recovery of repayment schedule pursuant to Public agreement with M&T, Inc., to take Butte costs associated with operating a Law 100–516. Creek water rights water from the variable flood control pool of 400,000 to 4. El Dorado County Water Agency, Sacramento River in exchange for CVP 670,000 acre-feet of water during the CVP, California: M&I water service water to facilitate habitat restoration. flood control season. This agreement is contract to supplement existing water 14. El Dorado ID, CVP, California: to conform to Federal law. supply: 15,000 acre-feet for El Dorado Execution of long-term Warren Act 26. Lower Tule River, Porterville, and County Water Agency authorized by contract for conveyance of nonproject Vandalia IDs; and Pioneer Water Public Law 101–514. water. This contract will allow CVP Company, Success Project, California:
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Repayment contract for the SOD costs may have negotiated rights under Public 2. Brooke Water Co., BCP, Arizona: assigned to the irrigation purpose of Law 101–618; Nevada and California: Amend contract for an additional 120 Success Dam. Contract for the storage of non-Federal acre-feet per year of Colorado River 27. Colusa County WD, CVP, water in Truckee River reservoirs as water for domestic uses as California: Proposed long-term Warren authorized by Public Law 101–618 and recommended by the Arizona Act contract for conveyance of up to the Preliminary Settlement Agreement. Department of Water Resources. 4,500 acre-feet of ground water through The contracts shall be consistent with 3. National Park Service for Lake the Tehama-Colusa Canal. the Truckee River Water Quality Mead National Recreation Area, 28. Friant Water Users Authority and Settlement Agreement and the terms Supreme Court Decree in Arizona v. San Luis and Delta-Mendota Water and conditions of the proposed Truckee California, and BCP in Arizona and Authority, CVP, California: River Operating Agreement. Nevada: Agreement for delivery of Amendments to the Operation, 37. Contra Costa WD, CVP, California: Colorado River water for the National Maintenance, and Replacement and Amend water service contract No. I75r– Park Service’s Federal Establishment Certain Financial and Administrative 3401A to extend the date for PPR for diversion of 500 acre-feet Activities’ Agreements to implement renegotiation of the provisions of annually and the National Park certain changes to the Direct Funding contract Article 12 ‘‘Water Shortage and Service’s Federal Establishment PPR provisions to comply with applicable Apportionment.’’ pursuant to Executive Order No. 5125 Federal law. 38. Cachuma Operation and (April 25, 1930). 29. Madera-Chowchilla Water and Maintenance Board, Cachuma Project, 4. Miscellaneous PPR entitlement Power Authority, CVP, California: California: Contract to transfer holders, BCP, Arizona and California: Agreement to transfer the operation, responsibility for O&M and O&M New contracts for entitlement to maintenance, and replacement and funding of certain Cachuma Project Colorado River water as decreed by the certain financial and administrative facilities to the member units. U.S. Supreme Court in Arizona v. activities related to the Madera Canal The following contract action has California, as supplemented or and associated works. been discontinued since the last amended, and as required by section 5 30. El Dorado ID, CVP, California: publication of this notice on October 25, of the Boulder Canyon Project Act. Title transfer agreement for conveyance 2001. Miscellaneous PPRs holders are listed in of CVP facilities. This agreement will 1. (45) Delano-Earlimart, Exeter, the January 9, 1979, Supreme Court allow transfer of title for Sly Park Dam, Ivanhoe, Lindmore, Lindsay-Strathmore, Supplemental Decree in Arizona v. Jenkinson Lake, and appurtenant Madera, Shafter-Wasco, and Stone California et al. facilities from the CVP to El Dorado ID. Corral IDs; South San Joaquin 5. Miscellaneous PPR No. 11, BCP, 31. Foresthill Public Utility District, Municipal Utilities District; and Tea Pot Arizona: Assign a portion of the PPR CVP, California: Title transfer agreement Dome WD; Friant Unit, CVP, California: from Holpal to McNulty et al. for conveyance of CVP facilities. This Contract to transfer title of 11 6. Curtis Family Trust et al., BCP, agreement will allow transfer of title for distribution systems to the respective Arizona: Contract for 2,100 acre-feet per Sugar Pine Dam and appurtenant districts. All title transfers subject to year of Colorado River water for facilities from the CVP to Foresthill Congressional ratification. This item is irrigation. Public Utility District. discontinued because the districts are 7. Beattie Farms SW, BCP, Arizona: 32. Carpinteria WD, Cachuma Project, reviewing the feasibility of the proposal Contract for 1,890 acre-feet per year of California: Contract to transfer title of to transfer the distribution systems. unused Arizona entitlement of Colorado distribution system to the District. Title The following contract action has River water for irrigation. transfer subject to Congressional been completed since the last 8. U.S. Fish and Wildlife Service, ratification. publication of this notice on October 25, Lower Colorado River Refuge Complex, 33. Montecito WD, Cachuma Project, 2001. BCP, Arizona: Agreement to administer California: Contract to transfer title of 1. (28) Tehama-Colusa Canal the Colorado River water entitlement for distribution system to the District. Title Authority, CVP, California: Amendment refuge lands located in Arizona to transfer subject to Congressional of existing long-term O&M agreement to resolve water rights coordination issues ratification. also include the O&M of the Red Bluff and to provide for an additional 34. City of Vallejo, Solano Project, Diversion Dam and related facilities and entitlement for non-consumptive use of California: Execution of long-term to implement certain changes to the flow through water. Warren Act contract for conveyance of Direct Funding provisions of the O&M 9. Maricopa-Stanfield IDD, CAP, nonproject water. This contract will Agreement to comply with applicable Arizona: Amend distribution system allow Solano Project facilities to be used Federal law. Amendatory contract repayment contract No. 4–07–30– to deliver nonproject water to the City executed December 13, 2001. W0047 to reschedule repayment of Vallejo for use within their service Lower Colorado Region: Bureau of pursuant to June 28, 1996, agreement. area. Reclamation, PO Box 61470 (Nevada 10. Indian and non-Indian agricultural 35. Northridge WD, CVP, California: Highway and Park Street), Boulder City, and M&I water users, CAP, Arizona: Execution of long-term Warren Act Nevada 89006–1470, telephone 702– New and amendatory contracts for contract for conveyance of nonproject 293–8536. repayment of Federal expenditures for water. This contract will allow CVP 1. Milton and Jean Phillips, Cameron construction of distribution systems. facilities to be used to deliver Brothers Construction Co., Ogram 11. San Tan ID, CAP, Arizona: Amend nonproject water to the Northridge WD Farms, John J. Peach, Sunkist Growers, distribution system repayment contract for use within their service area. Inc., BCP, Arizona: Colorado River No. 6–07–30–W0120 to increase the 36. Sierra Pacific Power Company, water delivery contracts, as repayment obligation by approximately Town of Fernley, State of California, recommended by the Arizona $168,000. City of Reno, City of Sparks, Washoe Department of Water Resources, with 12. Central Arizona Drainage and ID, County, State of Nevada, Truckee- agricultural entities located near the CAP, Arizona: Amend distribution Carson ID, and any other local interest Colorado River for up to 3,168 acre-feet system repayment contract No. 4–07– or Native American Tribal Interest, who per year total. 30–W0048 to modify repayment terms
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pursuant to final order issued by U.S. 25. Cyprus Miami Mining distribution of Colorado River water Bankruptcy Court, District of Arizona. Corporation, CAP, Arizona: Amendment through the offstream storage of 13. City of Needles, Lower Colorado of subcontract to extend the deadline Colorado River water in Arizona, the Water Supply Project, California: until December 31, 2002, for giving development by the Arizona Water Amend contract No. 2–07–30–W0280 to notice of termination on exchange. Banking Authority of intentionally extend the City’s water service 26. Gila River Indian Community, created unused apportionment, and the subcontracting authority to the Counties CAP, Arizona: Amend CAP water release of this intentionally created of Imperial and Riverside. delivery contract and distribution unused apportionment by the Secretary 14. Imperial ID/Coachella Valley WD system repayment and operation, of the Interior to Southern Nevada and/or The Metropolitan WD of maintenance, and replacement contract Water Authority. Southern California, BCP, California: pursuant to anticipated Gila River 34. Gila River Farms, Arizona: Contract to fund the Department of the Indian Community Water Rights Amendment of SRPA contract to Interior’s expenses to conserve All- Settlement Agreement. restructure the repayment schedule. American Canal seepage water in 27. California Water Districts, BCP, 35. Litchfield Park Service Company, accordance with Title II of the San Luis California: Incorporate into the water CAP, Arizona: Proposed assignments of Rey Indian Water Rights Settlement Act delivery contracts with several water 5,580 acre-feet of CAP M&I water to the dated November 17, 1988. districts (Coachella Valley WD, Imperial Central Arizona Groundwater 15. Coachella Valley WD and/or The ID, Palo Verde ID, and The Metropolitan Replenishment District and to the cities Metropolitan WD of Southern WD of Southern California), through of Avondale, Carefree, and Goodyear. California, BCP, California: Contract to new contracts, contract amendments, 36. Shepard Water Company, Inc., fund the Department of the Interior’s contract approvals, or other appropriate Arizona: Contract for the delivery of 50 expenses to conserve seepage water means, the agreement to be reached acre-feet of domestic water. from the Coachella Branch of the All- with those water districts to (i) quantify 37. The United States International American Canal in accordance with the Colorado River water entitlements Boundary and Water Commission, The Title II of the San Luis Rey Indian Water for Coachella Valley WD and Imperial Metropolitan WD of Southern Rights Settlement Act, dated November ID and (ii) provide a basis for water California, San Diego County Water 17, 1988. transfers among California water Authority, and Otay WD, Mexican 16. Salt River Pima-Maricopa Indian districts. Treaty Waters: Agreement for the 28. Coachella Valley WD, BCP, Community, CAP, Arizona: O&M temporary emergency delivery of a California: Amend contract No. 14–20– contract for its CAP water distribution portion of the Mexican Treaty waters of 650–631 with Coachella Valley WD to system. the Colorado River to the International include additional lands on the Torres 17. Arizona State Land Department, Boundary in the vicinity of Tijuana, Martinez Indian Reservation that are BCP, Arizona: Colorado River water Baja California, Mexico. located within the District’s delivery contract for 1,535 acre-feet per 38. Arizona State Land Department, Improvement District No. 1 which were year for domestic use. CAP, Arizona: Proposed assignment of reclassified and determined to be arable. 18. Miscellaneous PPR No. 38, BCP, 29. North Gila Valley IDD, Yuma ID, 1,000 acre-feet of the Department’s CAP California: Assign Schroeder’s portion and Yuma Mesa IDD, Yuma Mesa M&I water entitlement to the City of of the PPR to Murphy Broadcasting. Division, Gila Project, Arizona: Peoria. 19. Berneil Water Co., CAP, Arizona: Administrative action to amend each 39. Gila River Indian Community, Water service contracts associated with district’s Colorado River water delivery Arizona: Operation, maintenance, and partial assignment of water service to contract to effectuate a change from a replacement contract for an the Cave Creek Water Company. ‘‘pooled’’ water entitlement for the archeological repository named the 20. Tohono O’odham Nation, CAP, Division to a quantified entitlement for Huhugam Heritage Center. Arizona: Repayment contract for a each district. 40. Sonny Gowan, BCP, California: portion of the construction costs 30. Indian and/or non-Indian M&I Approval to lease up to 175 acre-feet of associated with water distribution users, CAP, Arizona: New or his PPR water to Moabi Regional Park. system for Central Arizona IDD. amendatory water service contracts or 41. Jessen Family Limited 21. Tohono O’odham Nation, CAP, subcontracts in accordance with an Partnership, BCP, Arizona: Partial Arizona: Contracts for Schuk Toak and anticipated final record of decision for contract assignment of agricultural San Xavier Districts for repayment of reallocation of CAP water, as discussed water from Arlin Dulin to Jessen Family Federal expenditures for construction of in the Secretary of the Interior’s notice Limited Partnership. distribution systems. published on page 41456 of the FR on 42. Robson Communities, Southern 22. Canyon Forest Village II July 30, 1999. Arizona Water Rights Settlement Act, Corporation, BCP, Arizona: Colorado 31. San Carlos Apache Tribe, CAP, Arizona: United States contract with River water delivery contract for up to Arizona: Agreement among the San Robson Communities for the sale of 400 acre-feet per year of unused Arizona Carlos Apache Tribe, the Salt River 1,618 acre-feet of long-term water apportionment or surplus Project, and the United States, for storage credits accrued in Tucson apportionment for domestic use. exchange of up to 14,000 acre-feet of during calendar year 2000. 23. Gila Project Works, Gila Project, Black River water for CAP water. 43. Cities of Chandler and Mesa, CAP, Arizona: Title transfer of facilities and 32. San Carlos Apache Tribe, Arizona: Arizona: Amendments to the CAP M&I certain lands in the Wellton-Mohawk Agreement among the San Carlos- water service subcontracts of the cities Division from the United States to the Apache Tribe, the United States, and the of Chandler and Mesa to remove the Wellton-Mohawk IDD. Phelps Dodge Corporation for the lease language stating that direct effluent 24. ASARCO Inc., CAP, Arizona: of CAP water. exchange agreements with Indian Amendment of subcontract to extend 33. Arizona Water Banking Authority Communities are subject to the ‘‘pooling the deadline until December 31, 2002, and Southern Nevada Water Authority, concept.’’ for giving notice of termination on BCP, Arizona and Nevada: Contract to 44. City of Somerton, BCP, Arizona: exchange. provide for the interstate contractual Contract for the delivery of up to 750
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acre-feet of Colorado River water for repayment contract to reflect final home lawn and livestock watering (non- domestic use. project costs. commercial). 45. Various Irrigation Districts, CAP, 10. (40) Basic Management, Inc., (e) Oliver Woods: Aspinall Unit, Arizona: Amend distribution system Salinity Project, Nevada: Title transfer CRSP; Colorado: Contract for 1 acre-foot repayment contracts to provide for of the Pitman Wash Bypass to support an augmentation plan, Case partial assumption of debt by the Demonstration Project Facilities and all No. 01CW14, Water Division Court No. Central Arizona Water Conservation interests in acquired lands and 4, State of Colorado, to provide for a District and the United States upon easements associated with an obligation single-family residential well, including enactment of Federal legislation to continue bypassing the water in home lawn and livestock watering (non- providing for resolution of CAP issues. Pitman Wash. commercial). 46. Mohave County Water Authority, The following contract actions have 2. Taos Area, San Juan-Chama Project, BCP, Arizona: Amendatory Colorado been completed since the last New Mexico: The Taos area Acequias River water delivery contract to include publication of this notice on October 25, and the Town and County of Taos are the delivery of 3,500 acre-feet per year 2001. forming a joint powers agreement to of fourth priority water and to delete the 1. (25) U.S. Army Proving Ground, form an organization to enter into a delivery of 3,500 acre-feet per year of BCP, Arizona: Amend agreement to add repayment contract for up to 2,990 acre- fifth or sixth priority water. additional points of diversion for feet of project water to be used for The following contract actions have Colorado River water. irrigation and M&I in the Taos, New been discontinued since the last 2. (58) Golden Shores Water Mexico area. publication of this notice on October 25, Conservation District, BCP, Arizona: 3. Water Service Contractors, San 2001. Amendment of water delivery contract Juan-Chama Project, New Mexico: 1. (2) Armon Curtis, Arlin Dulin, Jack to recognize that some private lands Conversion of water service contracts to Rayner, Glen Curtis, Jamar Produce outside the district but within its repayment contracts for the following Corporation, and Ansel T. Hall, BCP, exterior boundaries have been included entities: City of Santa Fe, County of Los Arizona: Amendatory Colorado River within the district’s boundaries. Alamos, City of Espanola, Town of Taos, Upper Colorado Region: Bureau of water delivery contracts to exempt each Village of Los Lunas, and Village of Reclamation, 125 South State Street, referenced contractor from the acreage Taos Ski Valley. Room 6107, Salt Lake City, Utah 84138– 4. Various Contractors, San Juan- limitation and full cost pricing 1102, telephone 801–524–4419. Chama Project, New Mexico: Three provisions of the RRA. 1. Individual irrigators, M&I, and potential contracts among the United 2. (5) Mohave Valley IDD, BCP, miscellaneous water users, Initial Units, States, Middle Rio Grande Conservancy Arizona: Amendment of current CRSP; Utah, Wyoming, Colorado, and District, and the City of Albuquerque to contract for additional Colorado River New Mexico: Temporary (interim) water implement terms of Agreed Order water, change in service area, diversion service contracts for surplus project Resolving Plaintiff’s Motion for points, RRA exemption and PPRs. water for irrigation or M&I use to Preliminary Injunction, dated August 2, 3. (8) Federal Establishment PPRs provide up to 10,000 acre-feet of water 2000, and the Supplement dated entitlement holders, BCP: Individual annually for terms up to 10 years; long- October 5, 2000. contracts for administration of Colorado term contracts for similar service for up 5. Various Contractors, San Juan- River water entitlement of the Colorado to 1,000 acre-feet of water annually. Chama Project, New Mexico: The River, Fort Mojave, Quechan, (a) Harrison F. and Patricia E. Russell: United States proposes to purchase Chemehuevi, and Cocopah Indian Aspinall Unit, CRSP; Colorado: Contract lease water from various contractors to Tribes. for 1 acre-foot to support an stabilize flows in a critical reach of the 4. (9) United States facilities, BCP, augmentation plan, Case No. 97CW39, Rio Grande in order to meet the needs California: Reservation of Colorado Water Division Court No. 4, State of of irrigators and preserve habitat for the River water for use at existing Federal Colorado, to provide for a single-family silvery minnow. facilities and lands administered by residential well, including home lawn 6. Provo River Water Users, Provo Reclamation. and livestock watering (non- River Project, Utah: Contract to provide 5. (10) Bureau of Land Management, commercial). for repayment of reimbursable portion BCP, Arizona: Contract for 1,176 acre- (b) Walter Daniel Stephens: Aspinall of construction costs of SOD feet per year, for irrigation use, of Unit, CRSP; Colorado: Contract for 2 modification to Deer Creek Dam. Arizona’s Colorado River water that is acre-feet to support an augmentation 7. Upper Gunnison River Water not used by higher priority Arizona plan, Case No. 97CW49, Water Division Conservancy District, Wayne N. entitlement holders. Court No. 4, State of Colorado, to Aspinall Unit, CRSP, Colorado: A long- 6. (14) Hillander C ID, Colorado River provide for pond evaporative depletions term water service contract for up to Basin Salinity Control Project, Arizona: during the non-irrigation season. 25,000 acre-feet for irrigation use. Colorado River water delivery contract (c) Larry Allen: Aspinall Unit, CRSP; 8. Uncompahgre Valley Water Users for 4,500 acre-feet per year. Colorado: Contract for 1 acre-foot to Association, Upper Gunnison River 7. (17) Tohono O’odham Nation, support an augmentation plan, Case No. Water Conservancy District, and SRPA, Arizona: Repayment contract for 01CW26, Water Division Court No. 4, Colorado River Water Conservation a $7.3 million loan for the Schuk Toak State of Colorado, to provide for a District; Uncompahgre Project, District. single-family residential well, including Colorado: Water management agreement 8. (36) Agricultural and M&I water home lawn and livestock watering (non- for water stored at Taylor Park Reservoir users, CAP, Arizona: Water service commercial). and the Wayne N. Aspinall Storage subcontracts for percentages of available (d) Karl Hipp: Aspinall Unit, CRSP; Units to improve water management. supply reallocated in 1992 for irrigation Colorado: Contract for 1 acre-foot to 9. Southern Ute Indian Tribe, Florida entities and up to 640,000 acre-feet per support an augmentation plan, Case No. Project, Colorado: Supplement to year allocated in 1983 for M&I use. 01CW27, Water Division Court No. 4, contract No. 14–06–400–3038, dated 9. (38) Hohokam IDD, CAP, Arizona: State of Colorado, to provide for a May 7, 1963, for an additional 181 acre- Amend water distribution system single-family residential well, including feet of project water, plus 563 acre-feet
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of water pursuant to the 1986 Colorado 17. La Plata Conservancy District, surplus project water and nonproject Ute Indian Water Rights Final New Mexico, Animas-La Plata Project, water for irrigation or M&I use to Settlement Agreement. Colorado and New Mexico: Cost- provide up to 10,000 acre-feet of water 10. Grand Valley Water Users sharing/repayment contract for up to annually for a term up to 1 year. Association, Orchard Mesa ID, and 1,560 acre-feet per year of M&I water; 2. Green Mountain Reservoir, Public Service Company of Colorado, contract terms to be consistent with the Colorado-Big Thompson Project, Grand Valley Project, Colorado: Water Colorado Ute Settlement Act Colorado: Water service contracts for service contract for the utilization of Amendments of 2000 (Title III of Pub. irrigation and M&I; contracts for sale of project water for cooling purposes for a L. 106–554). water from the marketable yield to water steam electric generation plant. The following contract actions have users within the Colorado River Basin of 11. Sanpete County Water been discontinued since the last western Colorado. Conservancy District, Narrows Project, publication of this notice on October 25, 3. Ruedi Reservoir, Fryingpan- Utah: Application for a SRPA loan and 2001. Arkansas Project, Colorado: Second grant to construct a dam, reservoir, and 1. (1)(b) City of Page Arizona, Glen round water sales from the regulatory pipeline to annually supply Canyon Unit, CRSP, Arizona: Long-term capacity of Ruedi Reservoir. Water approximately 5,000 acre-feet of water contract for 1,000 acre-feet of water for service and repayment contracts for up through a transmountain diversion from municipal purposes. to 17,000 acre-feet annually for M&I use; upper Gooseberry Creek in the Price 2. (1)(c) LeChee Chapter of the Navajo contract with Colorado Water River drainage (Colorado River Basin) to Nation, Glen Canyon Unit, CRSP, Conservation Board and the U.S. Fish the San Pitch—Savor River (Great Arizona: Long-term contract for 1,000 and Wildlife Service for 10,825 acre-feet Basin). acre-feet of water for municipal for endangered fishes. 12. Individual irrigators, Carlsbad purposes. 4. Garrison Diversion Unit, P–SMBP, Project, New Mexico: The United States 3. (10) Public Service Company of North Dakota: Renegotiation of the proposes to enter into long-term New Mexico, CRSP, Navajo Unit, New master repayment contract with forbearance lease agreements with Mexico: New water service contract for Garrison Diversion Conservancy District individuals who have privately held a depletion of 16,200 acre-feet of project to conform with the Garrison Diversion water rights to divert nonproject water water for cooling purposes for a steam Unit Reformulation Act of 1986; either directly from the Pecos River or electric generation plant. negotiation of repayment contracts with 4. (21) State of Colorado, Animas-La from shallow/artesian wells in the Pecos irrigators and M&I users. Plata Project, Colorado and New River Watershed. This action will result 5. City of Rapid City, Rapid Valley Mexico: Cost-sharing/repayment in additional water in the Pecos River to Unit, P–SMBP, South Dakota: Contract contract for up to 10,460 acre-feet per make up for the water depletions caused renewal for storage capacity in Pactola year of M&I water; contract terms to be by changes in operations at Sumner Reservoir. A temporary (1 year not to consistent with the Colorado Ute Dam which were made to improve exceed 10,000 AF) water service Settlement Act Amendments of 2000 conditions for a threatened species, the contract will be executed with the City (Title III of Public Law 106–554). Pecos bluntnose shiner. 5. (22) Animas-La Plata Water of Rapid City, Rapid Valley Unit, for use 13. Dolores Water Conservancy Conservancy District, Colorado, of water from Pactola Reservoir. A long- District, Dolores Project, Colorado: Animas-La Plata Project, Colorado and term storage contract is being negotiated Amendment to an existing carriage New Mexico: Cost-sharing/repayment for water stored in Pactola Reservoir. contract to extend the term of the contract for up to 5,200 acre-feet per 6. Pathfinder ID, North Platte Project, contract from 25 years to a total of 50 year of M&I water; contract terms to be Nebraska: Negotiation of contract years. consistent with the Colorado Ute regarding SOD program modification of 14. Ogden River Water Users Settlement Act Amendments of 2000 Lake Alice Dam No. 1 Filter/Drain. Association and Weber Basin Water (Title III of Public Law 106–554). 7. Mid-Dakota Rural Water System, Conservancy District, Ogden River and The following contract action has Inc., South Dakota: Pursuant to the Weber Basin Projects, Utah: Contract to been completed since the last Reclamation Projects Authorization and provide for repayment of water users publication of this notice on October 25, Adjustment Act of 1992, the Secretary of portion of construction contract due to 2001. the Interior is authorized to make grants SOD investigations recommendations at 1. (13) Dolores Water Conservancy and loans to Mid-Dakota Rural Water Pineview Dam. District, Dolores Project, Colorado: System, Inc., a non-profit corporation 15. Mancos Water Conservancy Carriage contract with the District to for the planning and construction of a District, Mancos Project, Colorado: carry up to 8,000 acre-feet of nonproject rural water supply system. Various carriage contracts with water in project facilities under the 8. Angostura ID, Angostura Unit, P– individual irrigators and the District to authority of the Warren Act of 1911. SMBP, South Dakota: Another interim allow the carriage of up to 1,000 acre- Contract was executed on October 19, 3-year contract was executed on June 9, feet of nonproject irrigation water in 2001. 2000, to provide for a continuing water project facilities under the authority of Great Plains Region: Bureau of supply and allow adequate time for Public Law 106–549 for the Mancos Reclamation, PO Box 36900, Federal completion of the Environmental Impact Project. Building, 316 North 26th Street, Statement for long-term contract 16. San Juan Water Commission, New Billings, Montana 59107–6900, renewal. A BON for a long-term contract Mexico, Animas-La Plata Project, telephone 406–247–7730. renewal has been approved by the Colorado and New Mexico: Cost 1. Individual irrigators, M&I, and Commissioner’s Office. sharing/repayment contract for up to miscellaneous water users: Colorado, 9. City of Berthoud, Colorado, 20,800 acre-feet per year of M&I water; Kansas, Montana, Nebraska, North Colorado-Big Thompson Project, contract terms to be consistent with the Dakota, Oklahoma, South Dakota, Texas, Colorado: Long-term contract for Colorado Ute Settlement Act and Wyoming: Temporary (interim) conveyance of nonproject M&I water Amendments of 2000 (Title III of Pub. water service contracts for the sale, through Colorado-Big Thompson Project L. 106–554). conveyance, storage, and exchange of facilities.
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10. Northwest Area Water Supply, to 750 acre-feet of storage water from 28. Crow Creek Unit, P–SMBP, North Dakota: Long-term contract for Tiber Reservoir to irrigate 250 acres. Montana: Initiating negotiations for water supply from Garrison Diversion Temporary/interim contracts are being renewal of Part A of the A/B contract Unit facilities. The BON has been issued to allow continued delivery of with Toston ID which expires in 2004. approved by the Commissioner. water and the time necessary to 29. Louis F. Polk, Jr. (Individual), Negotiations are pending. complete required actions for the long- Shoshone Project, Buffalo Bill Dam, 11. P–SMBP, Kansas: Existing water term contract process. Wyoming: Renewal of exchange water service contracts with the Kirwin and 19. Lower Marias Unit, P–SMBP, service contract not to exceed 500 acre- Webster IDs in the Solomon River Basin Montana: Water service contract expired feet of water to service 249 acres. in Kansas were extended for a period of May 1998. Initiating long-term contract 30. Milk River Project, Montana: City 4 years in accordance with Public Law for the use of up to 6,855 acre-feet of of Harlem water service contract expires 104–326. These contracts will be storage water from Tiber Reservoir to July of 2002. Initiating negotiation for renewed prior to their expiration on irrigate 2,285 acres. Temporary/interim renewal of a water service contract for December 31, 2003 (Kirwin ID), and contracts are being issued to allow an annual supply of raw water for December 31, 2005 (Webster ID). continued delivery of water and the domestic use from the Milk River not to Reclamation has prepared a draft time necessary to complete required exceed 500 acre-feet. An interim environmental assessment (DEA) for the actions for the long-term contract contract may be issued to continue conversion of long-term water service process. delivery of water until the necessary contracts to repayment contracts. On 20. Dickinson-Heart River Mutual Aid actions can be completed to renew the December 10, 2001, the DEA became Corporation, P–SMBP, Dickinson Unit, long-term contract. available for a 30-day review and North Dakota: Negotiate renewal of 31. Lower Marias Unit, P–SMBP, comment period. Public comments will water service contract for irrigation of Montana: City of Chester water service be accepted until January 9, 2002. lands below Dickinson Dam in western contract expires December of 2002. Written comments should be directed to North Dakota. Initiating negotiation for renewal of a Jill Manring, Team Leader, Bureau of 21. Savage ID, P–SMBP, Montana: The long-term water service contract for an Reclamation, PO Box 1607, Grand District is currently seeking title annual supply of raw water for domestic Island, NE 68802. transfer. The contract is subject to use from Tiber Reservoir not to exceed 12. City of Cheyenne, Kendrick renewal on an annual basis pending 500 acre-feet. An interim contract may Project, Wyoming: Negotiation of a outcome of the title transfer process. be issued to continue delivery of water contract to renew for an additional term Interim contracts are being issued to until the necessary actions can be of 5 years. Contract for up to 10,000 allow continued delivery of water. The completed to renew the long-term acre-feet of storage space for District has requested information contract. 32. City of Dickinson, P–SMBP, replacement water on a yearly basis in concerning renewal of the long-term Dickinson Unit, North Dakota: Negotiate Seminoe Reservoir. A temporary contract. a long-term water service contract with contract has been issued pending 22. City of Fort Collins, Colorado-Big the City of Dickinson or Park Board, for negotiation of the long-term contract. Thompson Project, Colorado: Long-term 13. Highland-Hanover ID, P–SMBP, minor amounts of water from Dickinson contracts for conveyance and storage of Hanover-Bluff Unit, Wyoming: Dam. nonproject M&I water through Colorado- Renegotiation of long-term water service 33. Clark Canyon Water Supply Big Thompson Project facilities. contract; includes provisions for Company, East Bench Unit, Montana: 23. Standing Rock Sioux Tribe, P– repayment of construction costs. Initiating renewal of contract No. 14– 14. Upper Bluff ID, P–SMBP, SMBP, North Dakota: Negotiate a long- 06–600–3592 which expires December Hanover-Bluff Unit, Wyoming: term water service contract with the 31, 2005. Renegotiation of long-term water service Standing Rock Sioux Tribe in North 34. East Bench ID, East Bench Unit, contract; includes provisions for Dakota for irrigation of up to 2,380 acres Montana: Initiating renewal of contract repayment of construction cost. of land within the reservation. No. 14–06–600–3593 which expires 15. Fort Clark ID, P–SMBP, North 24. Glendo Unit, P–SMBP, Wyoming: December 31, 2005. Dakota: Negotiation of water service Contract renewal for long-term water 35. Pueblo Board of Water Works, contract to continue delivery of project service contracts with Burbank Ditch, Fryingpan-Arkansas Project, Colorado: water to the District. New Grattan Ditch Company, Water conveyance contract expires in 16. Western Heart River ID, P–SMBP, Torrington ID, Lucerne Canal and Power October of 2002. Initiating negotiation Heart Butte Unit, North Dakota: Company, and Wright and Murphy for renewal of a water conveyance Negotiation of water service contract to Ditch Company. contract for annual conveyance of up to continue delivery of project water to the 25. Glendo Unit, P–SMBP, Nebraska: 750 acre-feet of nonproject water District. Contract renewal for long-term water through the Nast and Boustead Tunnel 17. Lower Marias Unit, P–SMBP, service contracts with Bridgeport, System. Montana: Water service contract expired Enterprise, and Mitchell IDs, and 36. City of Dickinson, P–SMBP, North in July 1998. Initiating long-term Central Nebraska Public Power and ID. Dakota: In accordance with Public Law contract for the use of up to 600 acre- 26. Belle Fourche ID, Belle Fourche 106–566, a BON has been prepared to feet of storage water from Tiber Project, South Dakota: Belle Fourche ID amend contract No. 9–07–60–W0384 Reservoir to irrigate 220 acres. has requested a $25,000 reduction in which will allow the City to pay a lump- Temporary/interim contracts are being construction repayment. Negotiations sum payment in lieu of its remaining issued to allow continued delivery of are pending resolution of contract repayment obligation for construction water and the time necessary to language. costs associated with the bascule gate. complete required actions for the long- 27. Helena Valley Unit, P–SMBP, The BON has been approved by the term contract process. Montana: Initiating negotiations for Commissioner. 18. Lower Marias Unit, P–SMBP, renewal of Part A of the A/B contract 37. Lower Marias Unit, P–SMBP, Montana: Initiating renewal of long-term with Helena Valley ID which expires in Montana: Initiating long-term water water service contract for the use of up 2004. service contract for up to 910 acre-feet
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of storage from Tiber Reservoir to FOR FURTHER INFORMATION CONTACT: estimated public burden and associated irrigate 303.2 acres. Temporary/interim Larry Reavis (202–205–3185), Office of response time, should be directed to contracts are being issued to allow Investigations, U.S. International Trade The Office of Management and Budget, continued delivery of water and the Commission, 500 E Street SW., Office of Information and Regulatory time necessary to complete required Washington, DC 20436. Hearing- Affairs, Attention Department of Justice actions for the long-term contract impaired individuals are advised that Desk Officer, 725–17th Street, NW., process. information on this matter can be Suite 10102, Washington, DC 20503. 38. Tom Green County Water Control obtained by contacting the Additionally, comments may be and Improvement District No. 1, San Commission’s TDD terminal on 202– submitted to OMB via facsimile to Angelo Project, Texas: The District has 205–1810. Persons with mobility (202)–395–5806. requested deferment of its 2002 impairments who will need special Written comments and suggestions repayment obligation. A BON has been assistance in gaining access to the from the public and affected agencies prepared to amend contract No. 14–06– Commission should contact the Office concerning the proposed collection of 500–369. of the Secretary at 202–205–2000. information are encouraged. Your 39. La Feria ID, Lower Rio Grande General information concerning the comments should address one or more Rehabilitation Project, LaFeria Division, Commission may also be obtained by of the following four points: Texas: The District has repaid the accessing its Internet server, http:// (1) Evaluate whether the proposed repayment obligation and title to all www.usitc.gov. The public record for collection of information is necessary project works, lands, or interests in this investigation may be viewed on the for the proper performance of the lands originally conveyed by the District Commission’s electronic docket (EDIS- functions of the agency, including to the United States shall now be ON-LINE) at http://dockets.usitc.gov/ whether the information will have transferred back to the District in eol/public. practical utility; accordance with the authorizing Authority: This investigation is being (2) Evaluate the accuracy of the legislation, Public Law 86–357 dated terminated under authority of title VII of the agencies estimate of the burden of the September 22, 1959, and the contract Tariff Act of 1930; this notice is published proposed collection of information, shall be terminated. pursuant to section 201.10 of the including the validity of the 40. Northern Colorado Water Commission’s rules (19 CFR 201.10). methodology and assumptions used; Conservancy District, Colorado-Big By order of the Commission. (3) Enhance the quality, utility, and Thompson Project, Colorado: Acting by Issued: January 25, 2002. clarity of the information to be and through the Pleasant Valley Marilyn R. Abbott, collected; and Pipeline Project Water Activity Acting Secretary. (4) Minimize the burden of the collection of information on those who Enterprise, beginning discussions and [FR Doc. 02–2304 Filed 1–30–02; 8:45 am] are to respond, including through the draft BON for a long-term contract for BILLING CODE 7020–02–P conveyance of nonproject water through use of appropriate automated, Colorado-Big Thompson Project electronic, mechanical, or other facilities. technological collection techniques or DEPARTMENT OF JUSTICE other forms of information technology, Dated: January 4, 2002. Immigration and Naturalization Service e.g., permitting electronic submission of Elizabeth Cordova-Harrison, responses. Deputy Director, Office of Policy. Agency Information Collection [FR Doc. 02–2316 Filed 1–30–02; 8:45 am] Overview of This Information Activities: Proposed Collection; Collection BILLING CODE 4310–MN–P Comments Requested (1) Type of Information Collection: ACTION: 30-Day notice of collection Extension. (2) Type of the Form/Collection: INTERNATIONAL TRADE under review: Extension of request for Request for the Return of Original COMMISSION the return of original document(s). Document(s). [Investigation No. 731–TA–917 (Final)] The Department of Justice (DOJ), (3) Agency form number, if any, and Immigration and Naturalization Service the applicable component of the Stainless Steel Bar From Taiwan has submitted the following information Department of Justice sponsoring the collection request to the Office of collection: Form G–884, Immigration AGENCY: United States International Management and Budget (OMB) for and Naturalization Service, Department Trade Commission. review and approval in accordance with of Justice. ACTION: Termination of investigation. the Paperwork Reduction Act of 1995. (4) Affected public who will be asked The proposed information collection is or required to respond, as well as a brief SUMMARY: On January 23, 2002, the published to obtain comments from the abstract: Individuals or households. Department of Commerce published public and affected agencies. This (5) An estimate of the total number of notice in the Federal Register (67 FR proposed information collection was respondents and the amount of time 3152) of a negative final determination previously published in the Federal estimated for an average respondent to of sales at less than fair value in Register (Volume 66, Number 159, page respond: There are 2,500 respondents. connection with the subject 43029) on 08/16/01, allowing for a 60- The amount of estimated time required investigation. Accordingly, pursuant to day comment period. for the average respondent to respond is: § 207.40(a) of the Commission’s Rules of The purpose of this notice is to allow 15 minutes (.25 hours). Practice and Procedure (19 CFR for an additional 30 days for public (6) An estimate of the total public 207.40(a)), the antidumping comment until March 4, 2002. This burden (in hours) associated with the investigation concerning stainless steel process is conducted in accordance with collection: 625 hours annually. bar from Taiwan (investigation No. 731– 5 CFR 1320.10. Written comments and/ If you have additional comments, TA–917 (Final)) is terminated. or suggestions regarding the items suggestions, or need a copy of the EFFECTIVE DATE: January 23, 2002. contained in this notice, especially the proposed information collection
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instrument with instructions, or Affairs, Attention: Department of Justice Richard A. Sloan 202–514–3291, additional information, please contact Desk Officer, 725—17th Street, NW., Director, Policy Directives and Richard A. Sloan, Director, Policy Room 10235, Washington, DC 20530. Instructions Branch, Immigration and Directives and Instructions Branch, Written comments and suggestions Naturalization Service, U.S. Department Immigration and Naturalization Service, from the public and affected agencies of Justice, 425 I Street, NW., Room 4034, U.S. Department of Justice, 425 I Street, concerning the proposed collection of Washington, DC 20536. Additionally, NW., Room 4034, Washington, DC information should address one or more comments and/or suggestions regarding 20536; (202) 514–3291. Comments and of the following four points: the item(s) contained in this notice, suggestions regarding items contained (1) Evaluate whether the proposed especially regarding the estimated in this notice, especially regarding the collection of information is necessary public burden and associated response estimated public burden and associated for the proper performance of the time may also be directed to Mr. response time may also be directed to functions of the agency, including Richard Sloan. Richard A. Sloan. whether the information will have If additional information is required If additional information is required practical utility; contact: Mr. Robert B. Briggs, Clearance contact: Robert B. Briggs, Department (2) Evaluate the accuracy of the Officer, United States Department of Clearance Officer, Information agency’s estimate of the burden of the Justice, Information Management and Management and Security Staff, Justice proposed collection of information, Security Staff, Justice Management Management Division, United States including the validity of the Division, Patrick Henry Building, 601 D Department of Justice, 601 D Street NW., methodology and assumptions used; Street, NW., Suite 1600, Washington, Patrick Henry Building, Suite 1600, (3) Enhance the quality, utility, and DC 20530. NW., Washington, DC 20530. clarity of the information to be collected; and Dated: January 25, 2002. Dated: January 25, 2002. (4) Minimize the burden of the Richard A. Sloan, Richard A. Sloan, collection of information on those who Department Clearance Officer, Immigration Department Clearance Officer, Department of are to respond, including through the and Naturalization Service, Department of Justice, Immigration and Naturalization use of appropriate automated, Justice. Service. electronic, mechanical, or other [FR Doc. 02–2351 Filed 1–30–02; 8:45 am] [FR Doc. 02–2350 Filed 1–30–02; 8:45 am] technological collection techniques or BILLING CODE 4410–10–M BILLING CODE 4410–10–M other forms of information technology, e.g., permitting electronic submission of responses. DEPARTMENT OF LABOR DEPARTMENT OF JUSTICE Overview of this information Immigration and Naturalization Service collection: Office of the Assistant Secretary for (1) Type of Information Collection: Administration and Management Agency Information Collection New information collection. Activities: Proposed Collection; (2) Title of the Form/Collection: Agency Information Collection Comment Request Contacts Concerning Project Speak Out! Activities: Proposed Collection; (3) Agency form number, if any, and Comment Request; Applicant ACTION: Notice of information collection the applicable component of the Background Questionnaire under review: Contacts Concerning Department of Justice sponsoring the Project Speak Out! collection: Form G–1046, Office of AGENCY: Office of the Assistant Policy and Planning, Immigration and Secretary for Administration and The Department of Justice, Naturalization Service. Management (OASAM), Department of Immigration and Naturalization Service (4) Affected public who will be asked Labor. (INS) has submitted the following or required to respond, as well as a brief ACTION: Notice. information collection request to the abstract: Primary: Individuals or Office of Management and Budget Households. This form provides a SUMMARY: The Department of Labor, as (OMB) for review and clearance in standardized way of recording the part of its continuing effort to reduce accordance with the Paperwork number of individuals contacting the paperwork and respondent burden Reduction Act of 1995. The information Community Based Organizations conducts a preclearance consultation collection was previously published in concerning the practitioner fraud pilot program to provide the general public the Federal Register on November 15, program. The INS will use the and Federal agencies with an 2001 at 66 FR 57486, allowing for a 60- information collected on the form to opportunity to comment on proposed day public comment period. No public determine how many persons are served and/or continuing collection of comment was received on this by the program and if its public information in accordance with the information collection. outreach efforts are successful. Paperwork Reduction Act of 1995 The purpose of this notice is to allow (5) An estimate of the total number of (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This an additional 30 days for public respondents and the amount of time program helps to ensure that requested comments. Comments are encouraged estimated for an average respondent to data can be provided in the desired and will be accepted until March 4, respond: 60,000 responses at 52 minutes format, reporting burden (time and 2002. This process is conducted in (0.866 hours) per response. financial resources) is minimized, accordance with 5 CFR 1320.10. (6) An estimate of the total public collection requirements are clearly Written comments and/or suggestions burden (in hours) associated with the understood, and the impact of collection regarding the items contained in this collection: 51,960 annual burden hours. requirements on respondents can be notice, especially regarding the If you have additional comments, properly assessed. Currently, the estimated public burden and associated suggestions, or need a copy of the Department of Labor is soliciting response time, should be directed to the proposed information collection comments concerning the proposed Office of Management and Budget, instrument with instructions, or extension of the ‘‘Applicant Background Office of Information and Regulatory additional information, please contact Questionnaire’’.
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A copy of the proposed information II. Desired Focus of the Comments Dated: January 18, 2002. collection request (ICR) can be obtained Tali R. Stepp, The Department of Labor is by contacting the office listed above in particularly interested in comments Director of Human Resources. the ADDRESSES section of this notice. which: [FR Doc. 02–2322 Filed 1–30–02; 8:45 am] DATES: Written comments must be • Evaluate whether the proposed BILLING CODE 4510–23–M submitted to the office listed in the collection of information is necessary ADDRESSES section below on or before for the proper performance of the DEPARTMENT OF LABOR April 1, 2002. functions of the agency, including ADDRESSES: Anderson Glasgow, U.S. whether the information will have Employment and Training Department of Labor, Human Resource practical utility; Administration • Policy and Accountability Center, 200 Enhance the quality, utility, and clarity of the information to be [TA–W–39,449A and NAFTA–04955A and Constitution Ave. NW., Room N–5470, TA–W–39,437A and NAFTA–04954] Washington, DC 20210; Phone: (202) collected; and 693–7738; Written comments limited to • Evaluate the accuracy of the agency’s Agere Systems Optoelectronics 10 pages or fewer may also be estimate of the burden of the proposed Division, Reading and Breinigsville, transmitted by facsimile to: (202) 693– collection of information, including the PA; Notice of Negative Determination 7631; Internet; glasgow- validity of the methodology and Regarding Application for [email protected]. assumptions used; Reconsideration • Minimize the burden of the SUPPLEMENTARY INFORMATION: collection of information on those who By application of October 5, 2001 and October 8, 2001, the International I. Background are to respond, including through the use of appropriate automated, Brotherhood of Electrical Workers, The Department of Labor, as part of its electronic, mechanical, or other Local 1560 and the International obligation to provide equal employment technological collection techniques or Brotherhood of Electrical Workers, opportunities, is charged with ensuring other forms of information technology, Local 1898, respectively requested that qualified individuals in groups that e.g., permitting electronic submissions administrative reconsideration of the are underrepresented in various of responses. Department’s negative determination occupations, are included in applicant regarding eligibility for workers and III. Current Actions pools for the Department’s positions. former workers of the subject firm to See 5 U.S.C. 7201(c); 29 U.S.C. 791; 29 This notice requests an extension of apply for Trade Adjustment Assistance U.S.C. 2000e–16; 5 CFR 720.204; 29 CFR the current Office of Management and (TAA) under petition TA–W–39,449A 1614.101(a). To achieve this goal, DOL Budget approval of the Applicant and North American Free Trade employment offices have conducted Background Questionnaire. Extension is Agreement-Transitional Adjustment targeted outreach to a variety of sources, necessary to continue to evaluate the Assistance (NAFTA–TAA) under including educational institutions, effectiveness of agency recruitment petition NAFTA–4955A and Trade professional organizations, newspapers programs in attracting applicants from Adjustment Assistance (TAA) under and magazines. DOL has also underrepresented sectors of the petition TA–W–39,437A and North participated in career fairs and population. American Free Trade Agreement- Transitional Adjustment Assistance conferences that reach high Type of Review: Extension of a (NAFTA–TAA) under petition NAFTA– concentrations of Hispanics, African currently approved collection Agency: 4954, respectively. The denial notices Americans, Native Americans, Asians, U.S. Department of Labor, Office of the applicable to workers of Agere Systems, and persons with disabilities. Assistant Secretary for Administration Optoelectronics Division, Breinigsville, and Management. Without the data provided by this Pennsylvania, were signed on August collection, DOL does not have the Title: Applicant Background 29, 2001 (TA–W–4937A and TA–W– ability to evaluate the effectiveness of Questionnaire. 39,449A), and August 23, 2001 any of these targeted recruiting OMB Number: 1225–0072. (NAFTA–4955A and NAFTA–4954) and strategies because collection of racial Affected Public: Applicants for published in the Federal Register on and national origin information only positions recruited in the Department of September 11, 2001 (66 FR 47241) and occurs at the point of hiring. DOL needs Labor. (66 FR 47243), respectively. to collect data on the pools of applicants Total Respondents: 3,000. Pursuant to 29 CFR 90.18(c) which result from the various targeted Frequency: one time per respondent. reconsideration may be granted under recruitment strategies listed above. After Total Responses: 3,000. the following circumstances: the certification and selection process (1) If it appears on the basis of facts has been completed, it is necessary to Average Time per Response: 5 minutes. not previously considered that the cross-reference the data collected with determination complained of was Estimated Total Burden Hours: 250 the outcome of the qualifications review erroneous; hours. in order to evaluate the quality of (2) if it appears that the determination applicants from various recruitment Total Burden Cost (capital/startup): complained of was based on a mistake sources. With the information from this $0. in the determination of facts not collection, DOL can adjust and redirect Total Burden Cost (operating/ previously considered; or its targeted recruitment to achieve the maintaining): $0. (3) if in the opinion of the Certifying best result. DOL will also be able to Comments submitted in response to Officer, a misinterpretation of facts or of respond to requests for information this notice will be summarized and/or the law justified reconsideration of the received from the Office of Personnel included in the request for Office of decision. Management (OPM) in the course of Management and Budget approval of the The TAA petitions, filed on behalf of OPM’s evaluation and oversight information collection request; they will workers at Agere Systems, activities. also become a matter of public record. Optoelectronics Division, Breinigsville,
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Pennsylvania, and Agere Systems, petitions for the Breiningsville, The workers at the subject firm were Optoelectronics Division, Reading, Pennsylvania plant. Those petitions will engaged in employment related to the Pennsylvania producing be instituted shortly. The Department production of automotive stampings and optoelectronics, were denied because based on the information provided assemblies. the ‘‘contributed importantly’’ group during reconsideration is also initiating The petitioner indicated that the eligibility requirement of section 222(3) new TAA and NAFTA–TAA subject firm opened a new stamping of the Trade Act of 1974, as amended, investigations for the Reading, plant in Silao, Mexico during the fall of was not met. The ‘‘contributed Pennsylvania location. 2000. The petitioner further stated that importantly’’ test is generally Conclusion the opening of the Mexican plant demonstrated through a survey of the After review of the application and resulted in a significant shift in plant workers’ firm’s customers. The survey production to Mexico. revealed no increased customer imports investigative findings, I conclude that of optoelectronics during the relevant there has been no error or On reconsideration, the Department period. The investigation further misinterpretation of the law or of the contacted the company for an revealed that imports of optoelectronics facts which would justify explanation of the alleged shift in plant by the company were negligible. reconsideration of the Department of production to Mexico. The company The NAFTA–TAA petitions for the Labor’s prior decisions. Accordingly, indicated that no work performed at The same worker groups were denied the application is denied. Budd Company, Stamping and Frame because criteria (3) and (4) of the group Signed at Washington, DC, this 15th day of Division, Philadelphia, Pennsylvania eligibility requirements in paragraph January, 2002. was shifted to their joint venture facility (a)(1) of section 250 of the Trade Act, as Edward A. Tomchick, located in Mexico. The company further amended, were not met. A survey was Director, Division of Trade Adjustment indicated that they did not import conducted and revealed that customers Assistance. products like and directly competitive did not increase their imports of [FR Doc. 02–2341 Filed 1–30–02; 8:45 am] with what the subject plant produced back to the United States during the optoelectronics from Mexico or Canada BILLING CODE 4510–30–M during the relevant period. The subject relevant period. firm did not import optoelectronics Conclusion from Mexico or Canada, nor was DEPARTMENT OF LABOR production of optoelectronics shifted After reconsideration, I affirm the from the workers’ firm to Mexico or Employment and Training original notice of negative Canada. Administration determinations regarding eligibility to The petitioners allege that plant [TA–W–38,893 and NAFTA–04613] apply for worker adjustment assistance production is being shifted to Asia and and NAFTA-Transitional Adjustment Mexico and that the products will be The Budd Company Stamping and Assistance for workers and former imported back to the United States. Frame Division Philadelphia, PA; workers of The Budd Company. The petitioners supplied information Notice of Negative Determination of Stamping and Frame Division, concerning the company’s Reconsideration Philadelphia, Pennsylvania. manufacturing strategy concerning the transfer of plant production to Asia, in On November 30, 2001, the Dated: Signed at Washington, DC, this 2nd conjunction with various other factors Department issued an Affirmative day of January 2002. that are scheduled to occur. The Determination Regarding Application Edward A. Tomchick, planned transfer and potential imports for Reconsideration for the workers and Director, Division of Trade Adjustment are beyond the relevant period of the former workers of the subject firm. The Assistance. initial investigation and thus could not notice was published in the Federal [FR Doc. 02–2335 Filed 1–30–02; 8:45 am] be considered during the investigation. Register on December 26, 2001 (66 FR BILLING CODE 4510–30–M The petitioners further allege that 66467). certain products produced by the The Department initially denied TAA subject plant were being outsourced to to workers of The Budd Company, DEPARTMENT OF LABOR Canada and/or Mexico. Stamping and Frame Division, Based on data supplied by the Philadelphia, Pennsylvania because the Employment and Training company, only negligible amounts of ‘‘contributed importantly’’ group Administration products produced by the subject plant eligibility requirement of section 222(3) were being outsourced to foreign of the Trade Act of 1974, as amended, [TA–W–38,424 and NAFTA–4441] sources. was not met. None of the respondents The petitioners also indicated that increased their import purchases of Georgia Pacific Chip and Saw Plant, some modulators, similar to those automotive stampings and assemblies, Baileyville, ME; Notice of Revised produced by the subject plant, are while reducing their purchases from the Determination on Reconsideration scheduled to be made in Singapore. subject firm. The shift in production to Singapore The Department denied NAFTA–TAA By letter dated April 12, 2001, the does not meet the ‘‘contributed because the ‘‘contributed importantly’’ Paper, Allied-Industrial, Chemical and importantly’’ test unless the product group eligibility requirement of section Energy Workers International Union, was imported back to the United States 250 was not met and because there was Local 1–1367 (PACE), requested during the investigation period. no shift in production to either Mexico administrative reconsideration of the The majority of the information or Canada. None of the customers Department’s denial of TAA and recently provided by the petitioners increased their import purchases of NAFTA–TAA for workers of the subject concerns a time period following the automotive stampings and assemblies firm. Workers at Georgia Pacific initial decision. The petitioner with from Canada or Mexico, while reducing Corporation, Chip-and-Saw, Baileyville, their request for reconsideration, their purchases from the subject firm Maine, are engaged in the production of attached new TAA and NAFTA–TAA during the relevant period. softwood dimensional lumber.
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On March 14, 2001 and March 13, Conclusion (2) that sales or production, or both, 2001, the Department of Labor issued After careful review of the application of the firm or subdivision have Negative Determination Regarding and investigative findings on decreased absolutely, and Eligibility to apply for Trade reconsideration, I conclude that (3) that increases of imports of Adjustment Assistance (TAA) and increased imports, including those from imports of articles like or directly NAFTA–Transitional Adjustment Canada of articles like or directly competitive with articles produced by Assistance (NAFTA–TAA), respectively, competitive with softwood lumber, the firm or appropriate subdivision have applicable to workers and former contributed importantly to the decline contributed importantly to the workers of the subject firm. The TAA in sales or production and to the total separations, or threat thereof, and to the and NAFTA–TAA decisions were or partial separation of workers of the absolute decline in sales or production. published in the Federal Register on subject firm. In accordance with the April 16, 2001 (66 FR 19520) and (66 FR Negative Determinations for worker provisions of the Trade Act, I make the Adjustment Assistance 169522), respectively. following certification: In each of the following cases the The TAA petition was denied because All workers of Georgia Pacific, Chip and the ‘‘contributed importantly’’ group Saw Plant, Baileyville, Maine, engaged in investigation revealed that criterion (3) eligibility requirement of section 222(3) employment related to the production of has not been met. A survey of customers of the Trade Act of 1974, as amended, softwood lumber, who became totally or indicated that increased imports did not was not met. The ‘‘contributed partially separated from employment on or contribute importantly to worker importantly’’ test is generally after December 2, 1999, through two years separations at the firm. demonstrated through a survey of the from issuance of the revised determination, TA–W–40,358; Pennsylvania Tool and are eligible to apply for adjustment assistance workers’ firm’s customers. The Gages, Inc., Meadville, PA investigation revealed that none of the under section 223 of the Trade Act of 1974; and TA–W–39,522; JLG Industries, Inc., subject firm customers reported All workers of Georgia Pacific, Chip and Bedford, PA increased import purchases of softwood Saw Plant, Baileyville, Maine, engaged in TA–W–39,302; Honeywell Aircraft lumber (dimensional). employment related to the production of Landing Systems, South Bend, IN The NAFTA–TAA petition for the softwood lumber, who became totally or TA–W–40,564; Texfi Industries, New same worker group was denied because partially separated from employment on or after January 2, 2000, through two years from York, NY criteria (3) and (4) of the group TA–W–40,314 & A; Trout Lake Farm eligibility requirements in paragraph the issuance of this revised determination, are eligible to apply for NAFTA–TAA under LLC, Trout Lake, WA and Moses Lake, (a)(1) of section 250 of the Trade Act, as section 250 of the Trade Act of 1974. WA amended, were not met. There was no TA–W–40,451; Modern Prototype, Troy, shift of production from the subject firm Signed in Washington, DC, this 9th day of MI to Canada or Mexico, nor did the January 2002. company import softwood lumber from Edward A. Tomchick, TA–W–39,907; Alcoa Fujikura Ltd, Canada or Mexico. The Department Director, Division of Trade Adjustment Optical Fiber Systems, Houston, TX conducted a survey of major customers Assistance. In the following cases, the of the subject firm regarding purchases [FR Doc. 02–2344 Filed 1–30–02; 8:45 am] investigation revealed that the criteria of softwood lumber (dimensional). The BILLING CODE 4510–30–M for eligibility have not been met for the survey revealed that the customers did reasons specified. not significantly increase import Increased imports did not contribute purchases of softwood lumber from DEPARTMENT OF LABOR importantly to worker separations at the Canada or Mexico. Employment and Training firm. In the request for reconsideration, Administration TA–W–39,056; Peerless Pattern Works, PACE asserts that there was a Portland, OR contradiction in the TAA and NAFTA– Notice of Determinations Regarding TA–W–39,433; The Penn Companies, St. TAA decisions, inasmuch as in the TAA Eligibility To Apply for Worker Peters, MO petition denial, the finding that import Adjustment Assistance and NAFTA TA–W–40,071; PTC Alliance, purchases by the subject company of Transitional Adjustment Assistance Darlington, OH softwood dimensional lumber declined In accordance with Section 223 of the TA–W–40,275; Tyco Electronics, Fiber during the relevant time periods, while Optics Div., Glen Rock, PA the NAFTA–TAA petition denial found Trade Act of 1974, as amended, the TA–W–40,435; Telaxis the subject firm does not import Department of Labor herein presents Communications, South Deerfield, softwood lumber. summaries of determinations regarding eligibility to apply for trade adjustment MA The Department concurs with the assistance for workers (TA–W) issued The workers firm does not produce an PACE on this issue. On reconsideration, during the period of January, 2002. article as required for certification under the Department conducted further In order for an affirmative Section 222 of the Trade Act of 1974. import analysis. The analysis revealed determination to be made and a TA–W–40,560; DataMark, Inc., El Paso, that Georgia Pacific maintained a certification of eligibility to apply for TX reliance on imports of softwood lumber worker adjustment assistance to be from Canada and other sources, while issued, each of the group eligibility TA–W–40,479; Gate Gourmet reducing production and employment at requirements of Section 222 of the Act International, Unit 498, Charlotte, NC the Chip and Saw Plant located in must be met. TA–W–40,441; Road Machinery Co., Baileyville, Maine. (1) that a significant number or Bayard, NM From 1999 to 2000, U.S. imports of proportion of the workers in the TA–W–40,562; Lake Superior and softwood lumber from Canada increased workers’ firm, or an appropriate Ishpiming Railroad Co., Marquette, MI absolutely and relative to domestic subdivision thereof, have become totally TA–W–39,919; Antec/Keptel, Tinton production and consumption. or partially separated, Falls, NJ
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Affirmative Determinations for Worker TA–W–39,670 & A; Lamb-Grays Harbor Canada or Mexico did not contribute Adjustment Assistance Co., Hoquiam, WA and Meridian, MS: importantly to workers’ separations. The following certifications have been July 9, 2000. There was no shift in production from issued; the date following the company TA–W–40,099; Shasta Paper Co., the subject firm to Canada or Mexico name and location of each Anderson, CA: September 4, 2000. during the relevant period. TA–W–40,178; Corning Cable Systems, determination references the impact NAFTA–TAA–05067 & A; Lamb-Grays Optical Assemblies Plant, Hickory, date for all workers of such Harbor Co., Hoquiam, WA and NC: September 20, 2000. determination. Meridian, MS. TA–W–40,180; Skinner Engine Co., Erie, NAFTA–TAA–05392 & A; International TA–W–40,125; Arrow/SI, Winsted, CT: PA: September 27, 2000. Wire Group, Inc., Bare Ware Div., September 13, 2000. TA–W–40,261; Capitol Manufacturing, Plant #4, Pine Bluff, AR and Bare TA–W–40,123; Crown Pacific Limited Harsco Corp. Gas and Fluid Control Wire Div., Shunt Plant, Pine Bluff, AR. Partnership, Coeur D’Alene, ID: Group, Lansing, OH: October 4, 2000. NAFTA–TAA–05573; Metalloy Corp., August 30, 2000. TA–W–40,404; Fender Musical Hudson, MI. TA–W–40,028; Story and Clark Piano Instruments, Westerly. RI: November NAFTA–TAA–05638; Scientific Molding Co., A Div. of QRS Music Rolls, 27, 2000. Corp. Ltd., SMC Texas Div., Seneca, PA: August 30, 2000. TA–W–40,420 & A; International Wire Brownsville, TX. TA–W–39,939; Willamette Industries, Group, Inc., Bare Wire Div., Plant #4, NAFTA–TAA–04773; PSC Scanning, Inc., Korpine Particleboard Div., Pine Bluff, AR and Shunt Plant, Pine Eugene, OR. Bend, OR: August 17, 2000. Bluff, AR: October 19, 2000. NAFTA–TAA–04966; The Penn TA–W–39,539; Mission Valley Fabrics, TA–W–40,462; Vishay Vitramon, Companies, St. Peters, MO. New Braunfels, TX: June 14, 2000. Roanoke, VA: December 12, 2000. NAFTA–TAA–05288; Curtron TA–W–39,191; NVN Corp., Clifton, NJ: TA–W–40,466; Precision Cable Manufacturing, Inc., Travelers Rest, April 3, 2000. Assemblies, Logansport, IN: December SC. TA–W–40,258; Superior Uniform 14, 2000. NAFTA–TAA–05424; Paulson Wire Service Group, Inc., McGehee TA–W–40,532; Rich Products Rope Corp., Sunbury, PA. Industries, McGehee, AR: October 2, Manufacturing Corp., Appleton Div., NAFTA–TAA–05524; Tresco Tool, Inc., 2000. Appleton, WI: November 1, 2000. Guys Milles, PA. NAFTA–TAA–05584; Carrier Corp., TA–W–40,249; Liebert Corp., Irvine Also, pursuant to Title V of the North California Operations, Irvine, CA: American Free Trade Agreement Conway Refrigeration Operation, September 27, 2000. Implementation Act (P.L. 103–182) Conway, AR. TA–W–40,243; Paulson Wire Rope concerning transitional adjustment assistance NAFTA–TAA–05590; Hoskins Corp., Sunbury, PA: October 4, 2000. hereinafter called (NAFTA–TAA) and in Manufacturing Co., Mio, MI. TA–W–40,225; Atotech USA, State accordance with Section 250(a), Subchapter NAFTA–TAA–05591; Hoskins College, PA: October 4, 2000. D, Chapter 2, Title II, of the Trade Act as Manufacturing Co., Lewiston, MI. amended, the Department of Labor presents NAFTA–TAA–05611; Stylemaster TA–W–40,198; Scion Valley, Inc., summaries of determinations regarding Apparel, Inc., Union, MO. Meridian, TX: September 27, 2000. eligibility to apply for NAFTA–TAA issued NAFTA–TAA–05665; JBI LP, Osseo, WI. TA–W–40,078; Guilford Mills, Pine during the month of January, 2002. NAFTA–TAA–04732; Peerless Pattern Grove, PA: September 10, 2000. In order for an affirmative determination to Works, Portland, OR. TA–W–40,276; Dorel Juvenile Group, be made and a certification of eligibility to The workers firm does not produce an Inc., Formerly Cosco, Inc., Ft. Smith, apply for NAFTA–TAA the following group article as required for certification under AR: October 8, 2000. eligibility requirements of Section 250 of the Section 250(a), Subchapter D, Chapter 2, TA–W–39,964 & A; NACCO Industries, Trade Act must be met: (1) that a significant number or proportion Title II, the Trade Act of 1974, as Inc., Materials Handling Group, of the workers in the workers’ firm, or an amended. Assembly Building, Danville, IL and appropriate subdivision thereof, (including Parts Distribution Center, Danville, IL: NAFTA–TAA–05162; NACCO workers in any agricultural firm or Industries, Inc., Materials Handling June 26, 2000. appropriate subdivision thereof) have TA–W–40,520 & A; Hoskins become totally or partially separated from Group, Parts Distribution Center, Manufacturing Co., Mio, MI and employment and either— Danville, IL Lewiston, MI: November 27, 2000. (2) that sales or production, or both, of Affirmative Determinations NAFTA– TA–W–40,510; Applied Concepts, Inc., such firm or subdivision have decreased TAA Warrendale, PA: November 14, 2000. absolutely, (3) that imports from Mexico or Canada of NAFTA–TAA–04956; Kendall TA–W–40,491 & A; Wesley Industries, articles like or directly competitive with Healthcare, Chatsworth, CA: May 16, Inc., Bloomfield Hills, MI and New articles produced by such firm or subdivision 2000. Haven Foundry, New Haven, MI: have increased, and that the increases NAFTA–TAA–05050; Laco Sportswear, November 20, 2000. imports contributed importantly to such Inc., Chattanooga, TN: June 28, 2000. TA–W–40,408; Carrier Corp., Conway workers’ separations or threat of separation NAFTA–TAA–05429; Capitol Refrigeration Operations, Conway, and to the decline in sales or production of Manufacturing, Harsco Corp. Gas and such firm or subdivision; or AR: October 19, 2000. Fluid Control Group, Lansing, OH: TA–W–40,393; Stylemaster Apparel, (4) that there has been a shift in production by such workers’ firm or subdivision to October 9, 2000. Inc., Union, MO: November 27, 2000. Mexico or Canada of articles like or directly NAFTA–TAA–05438; United For TA–W–40,329; D. K. Mold and competitive with articles which are produced Excellence, River Falls, WI: September Engineering, Inc., Wyoming, MI: by the firm or subdivision. 13, 2000. October 23, 2000. NAFTA–TAA–05555; The Gillette Co., TA–W–39,356; Kendall Healthcare, Negative Determinations NAFTA–TAA Oral-B Laboratories, Iowa City, IA: Chatsworth, CA: May 16, 2000. In each of the following cases the November 13, 2000. TA–W–39,584; Laco Sportswear, Inc., investigation revealed that criteria (3) NAFTA–TAA–05585 & A; VF Jeanswear Chattanooga, TN: June 25, 2000. and (4) were not met. Imports from Limited Partnership, Andrews, NC
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and Greensboro, NC: November 20, DEPARTMENT OF LABOR was conducted and revealed that 2000. customers did not increase their imports Employment and Training NAFTA–TAA–05682; Parallax Power of softwood dimensional lumber from Administration Components LLC, Goodland, IN: Canada or Mexico during the relevant period. The subject firm did not import December 14, 2000. [TA–W–38,791 and NAFTA–04630] softwood dimensional lumber, nor was NAFTA–TAA–05692; Emerson Electric Sierra Pacific Industries Loyalton, CA; production of softwood dimensional Co., Alco Controls Div., Hazlehurst, Notice of Negative Determination lumber shifted from the workers’ firm to GA: December 17, 2000. Regarding Application for Mexico or Canada. NAFTA–TAA–05618; Cherry Electrical Reconsideration The petitioner alleges that the Products, Div. of Cherry Corp., company in their closure notice By application of May 31, 2001, the Pleasant Prairie, WI: December 3, indicated that the subject facility has United Brotherhood of Carpenters & been impacted by imports of softwood 2000. Joiners of America, Western Council of lumber from Canada. The petitioner NAFTA–TAA–05621; Biltwell Clothing Industrial Workers, Local Union 3074 supports this statement by indicating Co., Rector Sportswear, Rector, AR: requested administrative that the United States International November 9, 2000. reconsideration of the Department’s Trade Commission, (USITC Publication NAFTA–TAA–05628; Cooper negative determination regarding No. 3426, May 2001) in the conclusion Bussmann, Goldsboro, NC: November eligibility for workers and former statement ‘‘for the foregoing reasons, we 27, 2000. workers of the subject firm to apply for determine there is a reasonable Trade Adjustment Assistance (TAA) indication that an industry in the NAFTA–TAA–05633; Evergreen under petition TA–W–38,791 and North United States is threatened with Wholesale Florist, Design Department, American Free Trade Agreement- material injury by reason of imports of Seattle, WA: December 10, 2000. Transitional Adjustment Assistance softwood lumber from Canada are NAFTA–TAA–05646; Smiley Hats, Inc., (NAFTA–TAA) under petition NAFTA– allegedly subsidized by the Government Sparks, NV. 4630. The denial notices applicable to of Canada and sold in the United States workers of Sierra Pacific Industries, at less than fair value.’’ The USITC NAFTA–TAA–05553; Guilford Mills, Loyalton, California, were signed on preliminary decision was established Inc., Pine Grove, PA: November 8, April 24, 2001 (TA–W–38,791), and after the original TAA and NAFTA– 2000. April 30, 2001 (NAFTA–4630) and TAA investigations were completed. NAFTA–TAA–05546; Storm Copper published in the Federal Register on The Department does examine current Components, Decatur, TN: November May 9, 2001 (66 FR 23733) and May 18, USITC decisions during TAA and 13, 2000. 2001 (66 FR 27691), respectively. NAFTA–TAA investigations for import NAFTA–TAA–05499; Prime Tanning Pursuant to 29 CFR 90.18(c) trends as appropriate. An examination Corp., St. Joseph Plant, St. Joseph, reconsideration may be granted under of the USITC investigation revealed that the following circumstances: Canadian and aggregate U.S. imports of MO: October 24, 2000. (1) If it appears on the basis of facts softwood lumber remained relatively NAFTA–TAA–05460; Summitville Tiles, not previously considered that the stable in the year 2000 over the Inc., Summitville Carolina Div., determination complained of was corresponding 1999 period. Any Morgaton, NC: October 16, 2000. erroneous; increases in imports are relatively small NAFTA–TAA–05423; Wabash National (2) If it appears that the determination and not a major contributing factor to Corp., Wabash National, LP, complained of was based on a mistake the ‘‘contributed importantly’’ criterion Huntsville, TN: September 25, 2000. in the determination of facts not of worker group’s eligibility previously considered; or requirements of section 222 of the Trade NAFTA–TAA–05414; Bobs Candies, (3) If in the opinion of the Certifying Act.’’ Inc., Including Workers of Kelly Officer, a misinterpretation of facts or of The USITC softwood lumber imports Temporary Services, Albany, GA: the law justified reconsideration of the statistics provided in the USITC October 9, 2000. decision. investigation are basket categories and NAFTA–TAA–05359; Crown Pacific The TAA petition, filed on behalf of not specific to softwood dimensional Limited Partnership, Coeur D’Alene, workers at Sierra Pacific Industries, lumber and thus not specific to the ID: August 30, 2000. Loyalton, California, producing products produced at the subject firm. softwood dimensional lumber, was The USITC preliminary decision I hereby certify that the aforementioned denied because the ‘‘contributed focuses on the fact that there is determinations were issued during the month importantly’’ group eligibility reasonable indication that the softwood of January, 2002. Copies of these requirement of section 222(3) of the lumber industry is threatened with determinations are available for inspection in Trade Act of 1974, as amended, was not material injury by reason of subject Room C–5311, U.S. Department of Labor, 200 met. The ‘‘contributed importantly’’ test imports of softwood lumber from Constitution Avenue, NW., Washington, D.C. is generally demonstrated through a Canada that are allegedly subsidized 20210 during normal business hours or will survey of the workers’ firm’s customers. and sold at less than fair value. A be mailed to persons who write to the above The survey revealed no increase foreign company subsidizing and selling address. customer imports of softwood at less than fair value is also not a Dated: January 22, 2002. dimensional lumber during the relevant relevant factor relating to the Edward A. Tomchick, period. ‘‘contributed importantly’’ criterion of The NAFTA–TAA petition for the Director, Division of Trade Adjustment worker group’s eligibility requirements Assistance. same worker group was denied because of section 222 of the Trade Act. criteria (3) and (4) of the group The petitioner further alleges that [FR Doc. 02–2327 Filed 1–30–02; 8:45 am] eligibility requirements in paragraph high log prices contributed to Sierra BILLING CODE 4510–30–M (a)(1) of Section 250 of the Trade Act, Pacific Industries’ decision to close their as amended, were not met. A survey Loyalton facility.
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The price of logs is not relevant to the Also, upon reexamination, the The amended notice applicable to TAA or NAFTA–TAA investigations responses of the initial survey fairly TA–W–39, 619 is hereby issued as that were filed on behalf of workers represented customer purchases of follows: producing softwood dimensional dimensional lumber during the relevant All workers Converse, Inc., currently known lumber. period. A review of the survey as CVEO Corp. Charlotte, North Carolina who responses revealed that declining Conclusion became totally or partially separated from customers significantly decreased their employment on or after June 25, 2000, After review of the application and imports of dimensional lumber, while through November 28, 2003 are eligible to investigative findings, I conclude that decreasing their purchases from the apply for adjustment assistance under section there has been no error or Blue Mountain Products, LLC during 223 of the Trade Act of 1974. misinterpretation of the law or of the the relevant period. Signed at Washington, DC, this 8th day of facts which would justify Conclusion January, 2002. reconsideration of the Department of Linda G. Poole, Labor’s prior decisions. Accordingly, After consideration, I affirm the the application is denied. original notice of negative Certifying Officer, Division of Trade determination of eligibility to apply for Adjustment Assistance. Signed at Washington, DC, this 14th day of [FR Doc. 02–2349 Filed 1–30–02; 8:45 am] January, 2002. worker adjustment assistance for workers and former workers of Blue BILLING CODE 4510–30–M Edward A. Tomchick, Mountain Products, LLC, Pendleton, Director, Division of Trade Adjustment Oregon. Assistant. DEPARTMENT OF LABOR [FR Doc. 02–2339 Filed 1–30–02; 8:45 am] Signed at Washington, DC, this 2nd day of January 2002. BILLING CODE 4510–30–M Employment and Training Edward A. Tomchick, Administration Director, Division of Trade Adjustment [TA–W–40,422] DEPARTMENT OF LABOR Assistance. [FR Doc. 02–2336 Filed 1–30–02; 8:45 am] Crown Marking Equipment Co. Employment and Training BILLING CODE 4510–30–M Warrington, PA; Notice of Termination Administration of Investigation [TA–W–38,809] DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Act of 1974, an investigation was Blue Mountain Products, LLC Employment and Training initiated on December 10, 2001, in Pendleton, OR; Notice of Negative Administration Determination on Reconsideration response to a petition filed by a [TA–W–39,619] company official on behalf of workers at On December 11, 2001, the Crown Marking Equipment Company, Department issued an Affirmative Converse, Inc. Currently Known as Warrington, Pennsylvania. Determination Regarding Application CVEO Corp. Charlotte, NC; Amended The company official submitting the for Reconsideration for the workers and Certification Regarding Eligibility To petition has requested that the petition former workers of the subject firm. The Apply for Worker Adjustment be withdrawn. Consequently, further notice will soon be published in the Assistance investigation in this case would serve Federal Register. In accordance with section 223 of the no purpose, and the investigation has The Department initially denied TAA Trade Act of 1974 (19 USC 2273) the been terminated. to workers of Blue Mountain Products, Department of Labor issued a Signed in Washington, DC, this 16th day of LLC, Pendleton, Oregon based on Certification of Eligibility to Apply for January, 2002. criterion (3) of the group eligibility Worker Adjustment Assistance on Linda G. Poole, requirements of section 222 of the Trade November 28, 2001, applicable to Certifying Officer, Division of Trade Act of 1974, as amended, not being met. workers of converse, Inc., Charlotte, Adjustment Assistance. Increased imports did not contribute North Carolina. The notice was [FR Doc. 02–2326 Filed 1–30–02; 8:45 am] importantly to worker separations at the published in the Federal Register on BILLING CODE 4510–30–M subject firm. The workers at the subject December 18, 2001 (66 FR 65220). firm were engaged in employment At the request of the company, the related to the production of softwood Department reviewed the certification DEPARTMENT OF LABOR dimensional lumber. for workers of the subject firm. The The petitioner feels that the survey workers are engaged in employment Employment and Training responses may have been filled out related to the distribution of canvas and Administration incorrectly and that some customers did rubber athletic footwear. [TA–W–38,646] not respond. New information received from the The Department upon the request of company shows that in May, 2001, CSC Ltd Warren, OH; Including an the petitioner, examined the survey Converse, Inc. became known as CVEO Employee of CSC Ltd, Warren, OH results and contracted a major customer Corp. Information also shows that some Located in Franklin Park, IL; Amended requesting clarification of their survey workers separated from employment at Certification Regarding Eligibility To response. Converse, Inc. had their wages reported Apply for Worker Adjustment The clarification of the respondent’s under a separate unemployment Assistance survey revealed that the customer insurance (UI) tax account for CVEO significantly decreased its imports of Corp. In accordance with section 223 of the softwood dimensional lumber, while Accordingly, the Department is Trade Act of 1974 (19 U.S.C. 2273) the decreasing its purchases from the amending the certification to properly Department of Labor issued a subject firm. reflect this matter. Certification of Eligibility to Apply for
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Worker Adjustment Assistance on April separations at the subject plant. The was issued on July 23, 2001, and was 12, 2001, applicable to workers of CSC denial notice was published in the published in the Federal Register on Ltd, Warren, Ohio. The notice was Federal Register on August 6, 2001 (66 August 15, 2001 (66 FR 42879). published in the Federal Register on FR 41052). Pursuant to 29 CFR 90.18(c) May 2, 2001 (66 FR 22007). To support the request for reconsideration may be granted under At the request of a petitioner, the reconsideration, the company supplied the following circumstances: Department reviewed the certification additional information. The company (1) If it appears on the basis of facts for workers of the subject firm. New indicated that plant production was not previously considered that the information shows that a worker shifted to an affiliated plant located in determination complained of was separation occurred involving an the Netherlands and that the foreign erroneous; employee of the CSC Ltd, Warren, Ohio plant imported the propionates and (2) If it appears that the determination facility located in Franklin Park, acetate back to the United States to complained of was based on a mistake Illinois. This employee was engaged in serve the subject firm’s domestic in the determination of facts not employment related to the production of customer base during the relevant previously considered; or SBQ steel bar at the Warren, Ohio period. (3) If in the Opinion of the Certifying location of the subject firm. The company also indicated that the Officer, a misinterpretation of facts or of Based on these findings, the overwhelming majority of their the law justified reconsideration of the Department is amending this customer base was directed toward the decision. certification to include an employee of U.S. market and that the products sold The investigation findings revealed the CSC Ltd, Warren, Ohio located in were not for the export market as that criterion (3) of the group eligibility Franklin Park, Illinois. indicated in the initial decision. requirements of section 222 of the Trade The intent of the Department’s Act of 1974 was not met. Increased Conclusion certification is to include all workers of imports did not contribute importantly CSC Ltd. adversely affected by increased After careful review of the additional to worker separations at the subject imports. facts obtained on reconsideration, I firm. Company imports are of products The amended notice applicable to conclude that increased imports of that are not and can not be made by the TA–W–38,646 is hereby issued as articles like or directly competitive with subject firm. Imports by the company follows: those produced at DuCoa, L.P., Verona, are for the primary purpose to expand the subject firm’s product line and not All workers of CSC Ltd., Warren, Ohio, Missouri contributed importantly to the including a worker CSC, Ltd., Warren, Ohio declines in sales or production and to displace or replace the existing product located in Franklin Park, Illinois, who the total or partial separation of workers line. became totally or partially separated from at the subject firm. In accordance with The request for reconsideration claims employment on or after January 22, 2000, the provisions of the Act, I make the that the company imported products through April 12, 2003, are eligible to apply following certification: like and directly competitive with what for adjustment assistance under section 223 All workers of DuCoa, L.P., Verona, the subject plant produced.The of the Trade Act of 1974. Missouri, who became totally or partially petitioner provided examples of Signed at Washington, DC, this 8th day of separated from employment on or after April products that are like and directly January, 2002. 11, 2000 through two years from the date of competitive with products produced at Linda G. Poole, this certification, are eligible to apply for the subject firm. Certifying Officer, Division of Trade adjustment assistance under Section 223 of The review of data supplied during Adjustment Assistance. the Trade Act of 1974. the initial investigation shows that a [FR Doc. 02–2348 Filed 1–30–02; 8:45 am] Signed in Washington, DC, this 26th day of meaningful portion of the company’s sales consists of imported products. BILLING CODE 4510–30–M December 2001. Edward A. Tomchick, However, most of these products are Director, Division of Trade Adjustment hobby/craft related and stand alone DEPARTMENT OF LABOR Assistance. items. They are new and unique and do [FR Doc. 02–2342 Filed 1–30–02; 8:45 am] not replace the overwhelming majority Employment and Training BILLING CODE 4510–30–M of products the company produces and Administration do not provide an alternative to any products the company sells. In [TA–W–39,112] DEPARTMENT OF LABOR summary, company imports of hobby/ DuCoa, L.P., Verona, MO; Notice of craft items like and directly competitive Revised Determination on Employment and Training with what the subject plant produces Reconsideration Administration are negligible. The company further indicated that a [TA–W–39,365] By letter of August 21, 2001, the small portion of houseware sales company requested administrative Eagle Affiliates Harrison, NJ; Notice of consists of imports, but are negligible in reconsideration regarding the Negative Determination Regarding relation to the products produced by the Department’s Negative Determination Application for Reconsideration subject firm. Regarding Eligibility to Apply for The preponderance in the declines in Worker Adjustment Assistance, By application of August 23, 2001, a employment at the subject plant is applicable to the workers of the subject petitioner requested administrative related to plant products being firm. reconsideration of the Department’s outsourced to another domestic firm. The initial investigation resulted in a negative determination regarding The survey results conducted during negative determination issued on July eligibility for workers and former the initial investigation revealed that 16, 2001, based on the finding that workers of the subject firm to apply for none of the customers increased their imports of calcium propionate, sodium Trade Adjustment Assistance (TAA). imports of products like and directly propionate and calcium acetate did not The denial notice applicable to workers competitive with what the subject plant contribute importantly to worker of Eagle Affiliates, Harrison, New Jersey produced during the relevant period.
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Conclusion conclude that increased imports of affected by increased imports of men’s After review of the application and articles like or directly competitive with and boy’s woven and knit shirts. investigative finding, I conclude that those produced at Echo Bay Minerals The amended notice applicable to there has been no error or Co., Battle Mountain, Nevada, TA–W–37,964 is hereby issued as misinterpretation of the law or of the contributed importantly to the declines follows: facts which would justify in sales or production and to the total All workers of Hampton Industries, reconsideration of the Department of or partial separation of workers at the Kinston, North Carolina (TA–W–37,964) and Labor’s prior decision. Accordingly, the subject firm. In accordance with the Hampton Industries, New York, New York applicant is denied. provisions of the Act, I make the (TA–W–37,964B) who became totally or following certification: partially separated from employment on or Dated: Signed at Washington, DC, this 3rd after July 20, 1999, through October 11, 2002, day of January 2002. All workers of Echo Bay Minerals Co., Battler Mountain, Nevada who became are eligible to apply for adjustment assistance Edward A. Tomchick, totally or partially separated from under Section 223 of the Trade Act of 1974. Director, Division of Trade Adjustment employment on or after August 6, 2001, Signed at Washington, DC, this 21st day of Assistance. through two years from the date of this December, 2001. [FR Doc. 02–2337 Filed 1–30–02; 8:45 am] certification, are eligible to apply for Linda G. Poole, BILLING CODE 4510–30–M adjustment assistance under section 223 of the Trade Act of 1974. Certifying Officer, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR Signed in Washington, DC, this 14th day of [FR Doc. 02–2345 Filed 1–30–02; 8:45 am] Janaury 2002. BILLING CODE 4510–30–M Employment and Training Edward A. Tomchick, Administration Director, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR [TA–W–39,703] [FR Doc. 02–2343 Filed 1–29–02; 8:45 am] Employment and Training BILLING CODE 4510–30–M Echo Bay Minerals Co., Battle Administration Mountain, NV; Notice of Revised Determination on Reopening [TA–W–39,826] DEPARTMENT OF LABOR On December 14, 2001, the Henry Manufacturing, Los Angeles, Department on it’s own motion Employment and Training CA; Notice of Termination of reopened the Department’s Negative Administration Investigation Determination Regarding Eligibility to [TRA–W–37,964 and TA–W–37,964B] Apply for Worker Adjustment Pursuant to Section 221 of the Trade Assistance, applicable to the workers of Hampton Industries Kinston, NC and Act of 1974, an investigation was the subject firm. New York, NY; Amended Certification initiated on August 13, 2001, in The initial investigation resulted in a Regarding Eligibility To Apply for response to a petition filed on behalf of negative determination issued on Worker Adjustment Assistance workers at Henry Manufacturing, Los December 5, 2001, based on the finding Angeles, California. that imports of gold dore did not In accordance with section 223 of the This case is being terminated on the contribute importantly to worker Trade Act of 1974 (19 U.S.C. 2273) the basis that the U.S. Department of Labor separations at the subject plant. The Department of Labor issued a Notice of was unable to locate an official of the denial notice was published in the Certification Regarding Eligibility to company to obtain the information Federal Register on December 26, 2001 Apply for Worker Adjustment necessary to render a decision. (66 FR 66428). Assistance on October 11, 2000, Consequently, it would serve no The company supplied additional applicable to workers of Hampton purpose to continue the investigation information to help clarify the products Industries, Kinston, North Carolina. The and the investigation has been produced at the subject site. The notice was published in the Federal terminated. company provided data showing that Register on November 1, 2000 (65 FR 65330). Signed in Washington, DC, this 16th day of the dominant product produced at the January, 2002. At the request of the petitioners, the subject site was silver. The silver Linda G. Poole, production accounted for over half of Department reviewed the certification for workers of the subject firm. The Certifying Officer, Division of Trade the subject plant’s revenues during the Adjustment Assistance. relevant period. company reports that worker An examination of aggregate U.S. separations occurred at the New York, [FR Doc. 02–2325 Filed 1–30–02; 8:45 am] imports of silver revealed that silver New York location of the subject firm. BILLING CODE 4510–30–M imports increased significantly during The New York, New York location the relevant period. The U.S. import to provided administrative services DEPARTMENT OF LABOR U.S. shipment ratio for silver was supporting the production of men’s and greater than 100 percent during the boy’s woven and knit shirts at the Employment and Training relevant period. Kinston, North Carolina facility of the Administration The workers at Echo Bay Minerals subject firm. Co., Battle Mountain, Nevada were Based on these findings, the Investigations Regarding Certifications under an existing trade adjustment Department is amending the of Eligibility To Apply for Worker assistance certification (TA–W–36,557) certification to include workers of Adjustment Assistance through August 5, 2001. Hampton Industries, New York, New York. Petitions have been filed with the Conclusion The intent of the Department’s Secretary of labor under section 221(a) After careful review of the additional certification is to include all workers of of the Trade Act of 1974 (‘‘the Act’’) and facts obtained on reconsideration, I Hampton Industries who were adversely are identified in the Appendix to this
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notice. Upon receipt of these petitions, threatened to begin and the subdivision shown below, not later than February the Director of the Division of Trade of the firm involved. 11, 2002. Adjustment Assistance, Employment The petitioners or any other persons The petitions filed in this case are and Training Administration, has showing a substantial interest in the available for inspection at the Office of instituted investigations pursuant to subject matter of the investigations may the Director, Division of Trade section 221(a) of the Act. request a public hearing, provided such Adjustment Assistance, Employment and Training Administration, U.S. The purpose of each of the request is filed in writing with the Department of Labor, Room C–5311, 200 investigations is to determine whether Director, Division of Trade Adjustment Assistance, at the address shown below, Constitution Avenue, NW., Washington, the workers are eligible to apply for not later than February 11, 2002. DC 20210. adjustment assistance under Title II, Chapter 2, of the Act. The investigations Interested persons are invited to Signed at Washington, DC, this 7th day of January, 2002. will further relate, as appropriate, to the submit written comments regarding the subject matter of the investigations to Edward A. Tomchick, determination of the date on which total the Director, Division of Trade or partial separations began or Director, Division of Trade Adjustment Adjustment Assistance, at the address Assistance.
APPENDIX [Petitions Instituted On 01/07/2002]
Date of peti- TA–W Subject firm (petitioners) Location tion Product(s)
40,526 .... HMG Intermark Worldwide (Co.) ...... Reading, PA ...... 10/23/2001 Plastic, Wood and Metal Parts. 40,527 .... Clearwater Forest (Co.) ...... Kooskia, ID ...... 11/07/2001 Dimensional Lumber. 40,528 .... Syst-A-Matic Tool (Co.) ...... Meadville, PA ...... 10/19/2001 Connector Holders Automobiles. 40,529 .... L–S Electro-Galvanizing (USWA) ...... Cleveland, OH ...... 12/03/2001 Electrogalvanizing Steel Coils. 40,530 .... Adcap-Dunn Manufacturing (Wrks) ...... Camp Hill, AL ...... 10/29/2001 Advertising Caps. 40,531 .... Price Pfister (Wrks) ...... Pacoima, CA ...... 11/09/2001 Machinery Parts to Make Faucets. 40,532 .... Rich Products (BCTGM) ...... Appleton, WI ...... 11/01/2001 Spiral and Refrigeration Coils. 40,533 .... Froedtert Malt (UAW) ...... Milwaukee, WI ...... 11/14/2001 Supply Malt to Breweries. 40,534 .... Littleford Day, Inc. (PACE) ...... Florence, KY ...... 12/24/2001 Mixing Machinery for Food & Chemicals. 40,535 .... Phoenix Gold Int’l (Wrks) ...... Portland, OR ...... 12/06/2001 Circuit Boards for Loudspeakers.
[FR Doc. 02–2333 Filed 1–30–02; 8:45 am] in the determination of facts not An examination of the initial BILLING CODE 4510–30–M previously considered; or investigation revealed that the firm’s (3) If in the opinion of the Certifying fluctuations in sales are minor in Officer, a misinterpretation of facts or of relation to the deep layoffs that occurred DEPARTMENT OF LABOR the law justified reconsideration of the at the subject plant. Any sales decision. fluctuations are related to reduced Employment and Training The petition, filed on behalf of demand from the subject firm’s major Administration workers at Huck Fasteners, Altoona, customer base, the automobile industry, Pennsylvania producing cold headed, which had declining automobile sales [TA–W–39,456] threaded fasteners, was denied because during the relevant period. Therefore, Huck Fasteners, Altoona, PA; Notice of the ‘‘contributed importantly’’ group imports of products like and directly Negative Determination Regarding eligibility requirement of section 222(3) competitive with that which the subject Application for Reconsideration of the Trade Act of 1974, as amended, plant produced did not contribute was not met. The preponderance in the importantly to the separations at the By application of August 12, 2001 the declines in employment at the subject subject plant. Laborers’ International Union of North plant is the direct result of all Based on information acquired from America (L.I.U.N.A.), Local 734 production being transferred to another the company during the initial requested administrative domestic location. The shift in plant investigation, the preponderance in the reconsideration of the Department’s production is attributed to a decision by declines in employment is related to a negative determination regarding the company to gain increased decision by the company during the eligibility for workers and former profitability through manufacturing early part of 2001 to shift plant workers of the subject firm to apply for efficiency. The investigation further production to an affiliated plant located Trade Adjustment Assistance (TAA). revealed that any fluctuations in plant in Medina, Ohio. The Medina facility The denial notice was signed on June sales are the direct result of the trend in produced the same type of products as 29, 2001, and published in the Federal the production of automobiles for which the Altoona plant. The Altoona plant Register on July 20, 2001 (66 FR 38026). the subject plant product is produced. was a much older facility that lacked Pursuant to 29 CFR 90.18(c) The investigation also revealed that the expansion potential. The Medina plant reconsideration may be granted under subject company did not import cold had a neighboring building that had the following circumstances: headed, threaded fasteners during the significant unused capacity and was (1) If it appears on the basis of facts relevant period. well suited for the subject plant’s not previously considered that the The petitioner alleges that the loss of production. determination complained of was a significant and highly profitable During the initial investigation, erroneous; segment of the company’s business is management indicated that the shift in (2) If it appears that the determination due to customers purchasing certain production could substantially improve complained of was based on a mistake product lines from foreign sources. manufacturing efficiency by integrating
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the Altoona facility into the Medina, The amended notice applicable to respondents increased their purchases Ohio plant. The company further TA–W–39,265 is hereby issued as of imported pressure sensitive paper indicated that the products were similar follows: (including EDP, thermal transfer, semi at both locations, the requisite skills of All workers of McGinley Mills, Inc., Easton, gloss etc.), while decreasing their employees are the same and that it is Pennsylvania (TA–W–39,265) and McGinley purchases from the subject firm during more efficient to run one larger plant Mills, Inc., Phillipsburg, New Jersey (TA–W– the relevant period. than two smaller plants. 39,265A) who became totally or partially The petitioner believes that the Labor separated from employment on or after April Department looked at the wrong product Conclusion 26, 2000, through September 4, 2003, are made by Spinnaker Coating Maine After review of the application and eligible to apply for adjustment assistance Incorporated. investigative findings, I conclude that under section 223 of the Trade Act of 1974. The Department’s decision was based there has been no error or Signed at Washington, DC, this 17th day of on the correct product (pressure misinterpretation of the law or of the January, 2002. sensitive paper). The Department facts which would justify Linda G. Poole, inadvertently referenced the wrong U.S. reconsideration of the Department of Certifying Officer, Division of Trade import category, pressure sensitive Labor’s prior decisions. Accordingly, Adjustment Assistance. labels (HTS–4821902000). The correct the application is denied. [FR Doc. 02–2347 Filed 1–30–02; 8:45 am] product produced at the company plant is classified under the category pressure Dated: Signed at Washington, DC, this 2nd BILLING CODE 4510–30–M day of January, 2002. sensitive papers (HTS–4811210000). Edward A. Tomchick, The Department uses import statistics as Director, Division of Trade Adjustment DEPARTMENT OF LABOR an indicator, but relies primarily on Assistance. customer surveys to determine if [FR Doc. 02–2340 Filed 1–30–02; 8:45 am] Employment and Training imports ‘‘contributed importantly’’ to Administration the declines in sales and/or production BILLING CODE 4510–30–M and employment at the subject firm. The [TA–W–39,380] Department examined the new data DEPARTMENT OF LABOR Spinnaker Coating Maine Incorporated supplied (pressure sensitive paper), but Westbrook, ME; Notice of Negative based on other data collected during the Employment and Training Determination Regarding Application initial investigation does not consider Administration for Reconsideration the import data as contributing importantly to the workers layoffs, due [TA–W–39,265 and TA–W–39,265A] By application dated September 28, to the survey responses showing an McGinley Mills, Inc., Phillipsburg and 2001, the PACE International Union, overwhelming reliance on domestic Easton, PA; Amended Certification Local 1069 requested administrative customer purchases of pressure Regarding Eligibility To Apply for reconsideration of the Department’s sensitive papers (including EDP, Worker Adjustment Assistance negative determination regarding thermal transfer, semi gloss etc) during eligibility to apply for Trade Adjustment the relevant period. In accordance with section 223 of the Assistance (TAA), applicable to workers The petitioner also feels that the time Trade Act of 1974 (19 USC 2273) the and former workers of the subject firm. period considered in the investigation is Department of Labor issued a Notice of The denial notice was signed on August not correct. Certification Regarding Eligibility to 23, 2001, and published in the Federal The Department examined the Apply for Worker Adjustment Register on September 11, 2001 (66 FR pertinent time periods of 1999, 2000 Assistance on September 4, 2001, 47242). and the January through June 2001 over applicable to workers of McGinley Pursuant to 29 CFR 90.18(c) the corresponding 2000 period. Mills, Inc., Easton, Pennsylvania. The reconsideration may be granted under The petitioner further indicates that notice was published in the Federal the following circumstances: the Department failed to survey the Register on September 21, 2001, (66 FR (1) If it appears on the basis of facts major customers properly and that a 48707). not previously considered that the specific customer switched from buying At the request of the company, the determination complained of was from the subject firm in favor of buying Department reviewed the certification erroneous; imported thermal transfer pressure for workers of the subject firm. The (2) If it appears that the determination sensitive paper (a product similar to company reports that worker complained of was based on a mistake what was purchased from the subject separations occurred at the Phillipsburg, in the determination of facts not firm). That customer stopped buying New Jersey location of McGinley Mills, previously considered; or thermal transfer pressure sensitive Inc. The Phillipsburg, New Jersey (3) If in the opinion of the Certifying paper from the subject firm during location produces woven greige goods Officer, a misinterpretation of facts or of February 1999, which is beyond the needed for the production of ribbons the law justified reconsideration of the relevant impact period for this petition and ribbon products at the Easton, decision. and investigation. Pennsylvania location of the subject The petition for the workers of The survey, as already indicated, firm. Spinnaker Coating Maine Co., revealed that none of the respondents Based on these findings, the Westbrook, Maine was denied because increased their purchases of imported Department is amending the the ‘‘contributed importantly’’ group pressure sensitive papers, (including certification to include workers of the eligibility requirement of section 222(3) EDP, thermal transfer, semi gloss etc.) Phillipsburg, New Jersey location of of the Trade Act of 1974, as amended, importantly, while decreasing their McGinley Mills, Inc. was not met. The ‘‘contributed purchases from the subject firm during The intent of the Department’s importantly’’ test is generally the relevant period. The survey further certification is to include all workers of demonstrated through a survey of revealed that the overwhelming majority McGinley Mills, Inc. who were customers of the workers’ firm. The of lost company business was due to adversely affected by increased imports. survey revealed that none of the customers purchasing products that are
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like and directly competitive with what Signed at Washington, DC, this 26th day of determination of the date on which total the subject plant produced from other December 2001. or partial separations began or domestic sources and only small Edward A. Tomchick, threatened to begin and the subdivision amounts of imports (and declining) Director, Division of Trade Adjustment of the firm involved. were purchased during the relevant Assistance. The petitioners or any other persons period. [FR Doc. 02–2338 Filed 1–30–02; 8:45 am] showing a substantial interest in the The petitioner further alleges that BILLING CODE 4510–30–M subject matter of the investigations may they feel declining price is a factor in request a public hearing, provided such the company sales declines. Price is not request is filed in writing with the a factor that is considered in meeting DEPARTMENT OF LABOR Director, Division of Trade Adjustment the ‘‘contributed importantly’’ group Assistance, at the address shown below, eligibility requirement of section 222(3) Employment and Training Administration not later than February 11, 2002. of the Trade Act of 1974, as amended. Interested persons are invited to The petitioner also indicates that a Investigations Regarding Certifications submit written comments regarding the foreign producer of products that are of Eligibility To Apply for Worker subject matter of the investigations to like and directly competitive with what Adjustment Assistance the Director, Division of Trade the subject firm produces is importing at Adjustment Assistance, at the address a lower price and indicates that this is Petitions have been filed with the shown below, not later than February the reason for the plant’s problems. Secretary of Labor under section 221(a) 11, 2002. Based on the survey results, as already of the Trade Act of 1974 (‘‘the Act’’) and indicated, this is not a major factor are identified in the Appendix to this The petitions filed in this case are contributing to the company’s declines notice. Upon receipt of these petitions, available for inspection at the Office of in sales, production and employment. the Director of the Division of Trade the Director, Division of Trade Adjustment Assistance, Employment Adjustment Assistance, Employment Conclusion and Training Administration, has and Training Administration, U.S. After review of the application and instituted investigations pursuant to Department of Labor, Room C–5311, 200 investigative findings, I conclude that section 221(a) of the Act. Constitution Avenue, NW., Washington, there has been no error or The purpose of each of the DC 20210. misinterpretation of the law or of the investigations is to determine whether Signed at Washington, DC, this 31st day of facts which would justify the workers are eligible to apply for December, 2001. reconsideration of the Department of adjustment assistance under Title II, Edward A. Tomchick, Labor’s prior decision. Accordingly, the Chapter 2, of the Act. The investigations Director, Division of Trade Adjustment application is denied. will further relate, as appropriate, to the Assistance. APPENDIX [Petitions Instituted on 12/31/2001]
Date of peti- TA–W Subject firm (petitioners) Location tion Product(s)
40,496 ...... Stanley Furniture Co. (Co.) ...... West End, NC ...... 12/20/2001 Wood Furniture. 40,497 ...... Lundeen’s, Inc. (Wkrs) ...... North Platte, NE ...... 12/19/2001 Platinum and Palladium. 40,498 ...... Precision Twist Drill (USWA) ...... Rhinelander, WI ...... 11/20/2001 Twist Drill Bits. 40,499 ...... Swift Spinning Mills (Co.) ...... Columbus, GA ...... 12/19/2001 Ring Spun Cotton. 40,500 ...... Marubeni Denim (Co.) ...... Columbus, GA ...... 12/19/2001 Denim Fabric. 40,501 ...... Motorola, Inc. (Wkrs) ...... Schaumburg, IL ...... 10/31/2001 Telecommunication System Harware. 40,502 ...... Midcom (Co.) ...... Watertown, SD ...... 12/03/2001 Transformers. 40,503 ...... International Paper (Wkrs) ...... Menasha, WI ...... 11/13/2001 Silicone Coated Substrate. 40,504 ...... LTV Steel Corp (Wkrs) ...... East Chicago, IN ...... 12/19/2001 Sheet Steel. 40,505 ...... Tee Tease LLC (Wkrs) ...... Commerce, CA ...... 10/31/2001 Print T-Shirts. 40,506 ...... Sunrise Medical (Co.) ...... Oshkosh, WI ...... 10/29/2001 Mobile Lifting Devices. 40,507 ...... Dresser Piping (IAMAW) ...... Bradford, PA ...... 09/24/2001 Pipeline Products. 40,508 ...... Lexington Home Brands (Co.) ...... Spruce Pines, NC ...... 10/23/2001 Furniture. 40,509 ...... Tmerys Kaolin (Co.) ...... Dry Branch, GA ...... 10/24/2001 Kaolin Clay. 40,510 ...... Applied Concepts (Wkrs) ...... Warrendale, PA ...... 11/14/2001 Hand Tools. 40,511 ...... Lea Wayne Knitting Mills (Wkrs) ...... Morristown, TN ...... 11/09/2001 Socks/Hosiery. 40,512 ...... Robert Mitchell-Douglas (Co.) ...... Portland, ME ...... 12/14/2001 Stainless Steel Pipe and Fittings. 40,513 ...... American Power Conversion (Wkrs) ...... West Warwick, RI ...... 12/12/2001 Power Supplies. 40,514 ...... Senco Products, Inc (Wkrs) ...... Cincinnati, OH ...... 10/24/2001 Staplers, Nailers, Fasteners. 40,515 ...... IEC Electronics (Wkrs) ...... Newark, NY ...... 10/04/2001 Assemble Electronic Equipment. 40,516 ...... Bayer Clothing Group (UNITE) ...... Clearfield, PA ...... 12/04/2001 Men’s Tailored Suits. 40,517 ...... Artex International, Inc. (Co.) ...... Boiling Springs, NC ..... 11/23/2001 Cloth Table Skirting and Napkins. 40,518 ...... Marconi (Wkrs) ...... Milwaukee, WI ...... 11/06/2001 Telecommunication Cabinets. 40,519 ...... Agilent Technologies (Wkrs) ...... Liberty Lake, WA ...... 12/03/2001 Electronic Test Equipment. 40,520A .... Hoskins Manufacturing Co. (Co.) ...... Lewiston, MI ...... 11/19/2001 Specialty Alloy Wires. 40,520 ...... Hoskins Manufacturing (Co.) ...... Mio, MI ...... 11/19/2001 Specialty Alloy Wires. 40,521 ...... Republic Technologies (USWA) ...... Akron, OH ...... 11/19/2001 Steel Bar. 40,522 ...... Johnson Controls Retail (Wkrs) ...... Reynoldsburg, OH ...... 11/08/2001 Temperature and Lighting Controls. 40,523 ...... Parallax Power Components (Co.) ...... Goodland, IN ...... 12/17/2001 Transformers. 40,524 ...... Intermetro Industries (Co.) ...... Douglas, GA ...... 11/19/2001 Wire Steel Shelving. 40,525 ...... Boeing Company (The) (IAMAW) ...... Renton, WA ...... 12/18/2001 Commercial Aircraft.
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[FR Doc. 02–2334 Filed 1–30–02; 8:45 am] Signed at Washington, DC, this 4th day of the Federal Register on October 30, BILLING CODE 4510–30–M January, 2002. 2001 (66 FR 54784). Linda G. Poole, At the request of the company, the Certifying Officer, Division of Trade Department reviewed the certification DEPARTMENT OF LABOR Adjustment Assistance. for workers of the subject firm. Findings [FR Doc. 02–2346 Filed 1–30–02; 8:45 am] show that the Department limited its Employment and Training BILLING CODE 4510–30–M certification coverage to workers of the Administration subject firm’s Zinc Die Cast Department, [TA–W–39,565C] the Secondary Department or engaged in DEPARTMENT OF LABOR employment in support of those Thomaston Mills, Inc. Corporation Departments. Office, Thomaston, GA, Including an Employment and Training New company information shows that Employee of Thomaston Mills, Inc. Administration worker separations occurred and a shift Corporate Office, Thomaston, GA in the production of plastic parts and [NAFTA–5567] Located in Arlington Heights, IL; aluminum die cast parts to Canada is Amended Certification Regarding Akers National Roll Hyde Park Foundry occurring at the subject firm’s other Eligibility To Apply for Worker in Division Hyde Park, PA; Notice of manufacturing departments; the Adjustment Assistance Termination of Investigation Aluminum and Plastic Parts In accordance with Section 223 of the Departments resulting in the entire Pursuant to Title V of the North Trade Act of 1974 (19 U.S.C. 2273) the plant closing in early 2002. American Free Trade Agreement Department of labor issued a It is the intent of the Department to Implementation Act (Pub. L. 103–182) Certification of Eligibility to Apply for include ‘‘all workers’’ of Armada, Inc. concerning transitional adjustment Worker Adjustment Assistance on adversely affected by a shift in assistance, hereinafter called NAFTA– November 15, 2001, applicable to production of plastic parts and TAA and in accordance with section workers of Thomaston Mills, Inc., aluminum die cast parts to Canada. 250(a), Subchapter 2, Title II, of the Corporate Office, Thomaston, Georgia. The Department is amending the Trade Act of 1974, as amended (19 USC The notice was published in the Federal certification determination to correctly 2331), an investigation was initiated on Register on November 30, 2001 (66 FR identify the worker group to read ‘‘all November 20, 2001, in response to a 59817). workers.’’ petition filed by a company official on At the request of a petitioner, the The amended notice applicable to behalf of workers at Akers National Roll, Department reviewed the certification NAFTA–05323 is hereby issued as Hyde Park Foundry Division, Hyde for workers of the subject firm. New follows: Park, Pennsylvania. information shows that a worker All workers of Armada, Inc., Leland, North The petitioner has requested that the separation occurred involving an Carolina who became totally or partially petition be withdrawn. Consequently, employee of the Corporate Office, separated from employment on after further investigation in this case would Thomaston, Georgia facility of September 12, 2000, through October 16, serve no purpose, and the investigation 2003, are eligible to apply for NAFTA–TAA Thomaston Mills, Inc., located in has been terminated. under Section 250 of the Trade Act of 1974. Arlington Heights, Illinois. This employee was engaged in employment Signed in Washington, DC, this 16th day of Signed at Washington, DC, this 17th day of related to the production of sheets, January, 2002. January 2002. pillowcases and comforters and related Linda G. Poole, Linda G. Poole, accessories at the Corporation Office, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Thomaston, Georgia location of the Adjustment Assistance. Adjustment Assistance. subject firm. [FR Doc. 02–2329 Filed 1–30–02; 8:45 am] [FR Doc. 02–2323 Filed 1–30–02; 8:45 am] Based on these findings, the BILLING CODE 4510–30–M BILLING CODE 4510–30–M Department is amending this certification to include an employee of the Corporate Office of Thomaston DEPARTMENT OF LABOR DEPARTMENT OF LABOR Mills, Inc., Thomaston, Georgia, located in Arlington Heights, Illinois. Employment and Training Employment and Training The intent of the Department’s Administration Administration certification is to include all workers of Thomaston Mills, Inc. adversely affected [NAFTA–05323] [NAFTA–05705] by increased imports. Armada, Inc. Leland, NC; Amended Denso Sales California, Inc., Long The amended notice applicable to Certification Regarding Eligibility To Beach, CA; Notice of Termination of TA–W–39,565C is hereby issued as Apply for Worker Adjustment Investigation follows: Assistance All workers of Thomaston Mills, Inc., Pursuant to Title V of the North Corporate Office, Thomaston, Georgia, In accordance with Section 250(A), American Free Trade Agreement including a worker the Corporate Office, Subchapter D, Chapter 2, Title II, of the Implementation Act (Pub. L. 103–182) Thomaston, Georgia, located in Arlington Trade Act of 1974 (19 USC 2273) the concerning transitional adjustment Heights, Illinois, engaged in employment Department of Labor issued a assistance, hereinafter called (NAFTA– related to the production of sheets, Certification for NAFTA Transitional TAA), and in accordance with section pillowcases and comforters and related Adjustment Assistance on October 16, 250(a), Subchapter D, Chapter 2, Title II, accessories who became totally or partially separated from employment on or after June 2001, applicable to workers of Armada, of the Trade Act of 1974, as amended 20, 2000, through November 15, 2003, are Inc., Zinc Die Cast Department, (19 USC 2273), an investigation was eligible to apply for adjustment assistance Secondary Department, Leland, North initiated on November 10, 2001, in under Section 223 of the Trade Act of 1974. Carolina. The notice was published in response to a petition filed by a
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company official on behalf of workers at Trade Act of 1974, as amended (19 The petitioner has requested that the Denso Sales California, Inc., Long U.S.C. 2273), the Department of Labor petition be withdrawn. Consequently, Beach, California. issued a Certification of Eligibility to further investigation in this case would The petitioner has requested that the Apply for NAFTA Transitional serve no purpose, and the investigation petition be withdrawn. Consequently, Adjustment Assistance on September 4, has been terminated. further investigation in this case would 2001, applicable to workers of McGinley Signed in Washington, DC, this 18th day of serve no purpose, and the investigation Mills, Inc., Easton, Pennsylvania. The January, 2002. has been terminated. notice was published in the Federal Linda G. Poole, Signed at Washington, DC, this 16th day of Register on September 21, 2001 (66 FR Certifying Officer, Division of Trade January, 2002. 48707). Adjustment Assistance. At the request of the company, the Linda G. Poole, [FR Doc. 02–2331 Filed 1–30–02; 8:45 am] Department reviewed the certification Certifying Officer, Division of Trade BILLING CODE 4510–30–M Adjustment Assistance. for workers of the subject firm. The [FR Doc. 02–2328 Filed 1–30–02; 8:45 am] company reports that worker BILLING CODE 4510–30–M separations occurred at the Phillipsburg, DEPARTMENT OF LABOR New Jersey location of McGinley Mills, Inc. The Phillipsburg, New Jersey Employment and Training DEPARTMENT OF LABOR location produces woven greige goods Administration needed for the production of ribbons Employment and Training and ribbon products at the Easton, [NAFTA–05571 and NAFTA–05571A] Administration Pennsylvania location of the subject Wesley Industries, Inc. Bloomfield [NAFTA—5694] firm. Hills, MI; Wesley Industries, Inc. New Based on these findings, the Haven Foundry, New Haven, MI; Department is amending the King Press Corporation, Joplin, Amended Certification Regarding certification to include workers of the Missouri; Notice of Termination of Eligibility To Apply for NAFTA- Phillipsburg, New Jersey location of Investigation Transitional Adjustment Assistance McGinley Mills, Inc. Pursuant to Title V of the North The intent of the Department’s In accordance with Section 250(a), American Free Trade Agreement certification is to include all workers of Subchapter D, Chapter 2, Title II, of the Implementation Act (Pub. L. 103–182) Wesley Industries, Inc. affected by Trade Act of 1974, as amended (19 concerning transitional adjustment increased imports of ribbons and ribbon U.S.C. 2273), the Department of Labor assistance, hereinafter called NAFTA– products from Mexico. issued a Certification of Eligibility to TAA and in accordance with section The amended notice applicable to Apply for NAFTA Transitional 350(a), subchapter D, Chapter 2, Title II, NAFTA–04818 is hereby issued as Adjustment Assistance on December 31, of the Trade Act of 1974, as amended follows: 2001, applicable to workers of Wesley (19 USC 2331), an investigation was All workers of McGinley Mills, Inc., Industries, Inc., Bloomfield Hills, initiated on December 28, 2001, in Easton, Pennsylvania (NAFTA–04818) and Michigan. The notice will be published response to a worker petition which was McGinley Mills, Inc., Phillipsburg, New soon in the Federal Register. filed by the company on behalf of Jersey (NAFTA–04818A) who became totally At the request of the petitioner, the workers at King Press Corporation, or partially separated from employment on or Department reviewed the certification Joplin, Missouri. after April 26, 2000, through September 4, for workers of the subject firm. The The petitioner has requested that the 2003, are eligible to apply for NAFTA–TAA company reports that worker under section 250 of the Trade Act of 1974. petition be withdrawn. Consequently separations occurred at the New Haven further investigation in this case would Signed in Washington, DC, this 17th day of Foundry, New Haven, Michigan facility serve no purpose, and the investigation January, 2002. of Wesley Industries, Inc. The workers has been terminated. Linda G. Poole, were engaged in the production of Signed in Washington, DC, this 18th day of Certifying Officer, Division of Trade automotive engine components: January, 2002. Adjustment Assistance. cylinder heads. Linda G. Poole, [FR Doc. 02–2330 Filed 1–30–02; 8:45 am] The intent of the Department’s Certifying Officer, Division of Trade BILLING CODE 4510–30–M certification is to include all workers of Adjustment Assistance. Wesley Industries, Inc. affected by [FR Doc. 02–2332 Filed 1–30–02; 8:45 am] increased imports of cylinder heads BILLING CODE 4510–30–M DEPARTMENT OF LABOR from Canada and Mexico. Accordingly, the Department is Employment and Training and amending the certification to include DEPARTMENT OF LABOR Administration workers of Wesley Industries, Inc., New [NAFTA–5658] Haven Foundry, New Haven, Michigan. Employment and Training The amended notice applicable to Administration Perceptron Incorporated, Plymouth, NAFTA–05571 is hereby issued as [NAFTA–04818 and NAFTA–04818A] MI; Notice of Termination of follows: Investigation All workers of Wesley Industries, Inc., McGinley Mills, Inc., Easton, PA and Bloomfield Hills, Michigan (NAFTA–5571) McGinley Mills, Inc., Phillipsburg, NJ; Pursuant to section 221 of the Trade Act of 1974, an investigation was and Wesley Industries, New Haven Foundry, Amended Certification Regarding New Haven, Michigan (NAFTA–5571A) who initiated on December 11, 2001, in Eligibility To Apply for NAFTA- became totally or partially separated from Transitional Adjustment Assistance response to a worker petition which was employment on or after November 20, 2000, filed by a company official on behalf of through December 31, 2003, are eligible to In accordance with section 250(a), workers at Perceptron, Incorporated, apply for NAFTA–TAA under Section 250 of Subchapter D, Chapter 2, Title II, of the Plymouth, Michigan. the Trade Act of 1974.
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Signed in Washington, DC this 14th day of Corporation Act, as amended (42 U.S.C. Paperwork Reduction Act requirements January 2002. 2996e(a)(1)). Awards will be made so are fulfilled. Linda G. Poole, that each service area indicated above is DATES: Comments must be submitted on Certifying Officer, Division of Trade served, although none of the listed or before March 4, 2002. Adjustment Assistance. organizations are guaranteed an award ADDRESSES: Send comments referencing [FR Doc. 02–2324 Filed 1–30–02; 8:45 am] or contract. This public notice is issued ‘‘ECR-Participation Program’’ to the BILLING CODE 4510–30–M pursuant to the LSC Act (42 U.S.C. following addresses: David P. Bernard, 2996f(f)), with a request for comments Associate Director, U.S. Institute for and recommendations concerning the Environmental Conflict Resolution, 110 potential grantees within a period of LEGAL SERVICES CORPORATION South Church Avenue, Suite 3350, thirty (30) days from the date of Tucson, Arizona 85701, and Amy Notice of Intent To Award—Grant publication of this notice. Grants will Farrell, Office of Management and Awards for the Provision of Civil Legal become effective and grant funds will be Budget, 725 17th Street, N.W., Services to Eligible Low-Income distributed on or about March 1, 2002. Washington, DC 20503. Clients Beginning March 1, 2002 Dated: January 28, 2002. FOR FURTHER INFORMATION CONTACT: AGENCY: Legal Services Corporation. Michael A. Genz, Please direct comments and requests for ACTION: Announcement of intention to Director, Office of Program Performance. information, including copies of the make FY 2002 Competitive Grant [FR Doc. 02–2410 Filed 1–30–02; 8:45 am] ICR, to: David P. Bernard, Associate Awards. BILLING CODE 7050–01–P Director, U.S. Institute for Environmental Conflict Resolution, 110 SUMMARY: The Legal Services South Church Avenue, Suite 3350, Corporation (LSC) hereby announces its MORRIS K. UDALL SCHOLARSHIP Tucson, Arizona 85701, Fax: 520–670– intention to award grants and contracts AND EXCELLENCE IN NATIONAL 5530; Phone: 520–670–5299; E-mail: to provide economical and effective ENVIRONMENTAL POLICY [email protected]. delivery of high quality civil legal FOUNDATION services to eligible low-income clients, SUPPLEMENTARY INFORMATION: beginning March 1, 2002. The United States Institute for A. Title for the Collection of DATES: All comments and Environmental Conflict Resolution; Information recommendations must be received on Agency Information Collection Application for Support from the or before the close of business on March Activities: Submission for OMB Environmental Conflict Resolution 4, 2002. Review; Comment Request; U.S. Participation Program ADDRESSES: Legal Services Institute for Environmental Conflict Corporation—Competitive Grants, Legal Resolution Application for Support B. Potentially Affected Persons Services Corporation, 750 First Street from the Environmental Conflict State and local governments and NE, 10th Floor, Washington, DC 20002– Resolution Participation Program agencies, tribes, and non-governmental 4250. AGENCY: Morris K. Udall Scholarship organizations who may apply to the U.S. FOR FURTHER INFORMATION CONTACT: and Excellence in National Institute for support to initiate multi- Reginald Haley, Office of Program party, neutral-led conflict resolution Performance, (202) 336–8827. Environmental Policy Foundation, U.S. Institute for Environmental Conflict processes on environmental and natural SUPPLEMENTARY INFORMATION: Pursuant Resolution. resource issues involving federal to LSC’s announcement of funding agencies or interests. availability on Thursday, December 6, ACTION: Notice. 2001, LSC will award funds to one or C. Questions To Consider in Making SUMMARY: In compliance with the Comments more of the following organizations to Paperwork Reduction Act (44 U.S.C. provide civil legal services in the 3501 et seq.) and supporting regulations, The Office of Management and Budget indicated service areas. The grant this document announces that the U.S. (OMB) requests your comments and amounts shown below are based on FY Institute for Environmental Conflict responses to any of the following 2002 funding levels and reflect a ten Resolution (the U.S. Institute), part of questions related to collecting month funding period beginning March the Morris K. Udall Foundation, is information as part of the Application 1, 2002 and ending December 31, 2002. submitting the following Information for Support from the Environmental Collection Request (ICR) to the Office of Conflict Resolution Participation Service FY 2002 Program. area Applicant name award Management and Budget (OMB): Application for Support from the 1. Is the proposed application process LA–1 ..... Capital Area $1,246,370 Environmental Conflict Resolution (‘‘collection of information’’) necessary Legal Services Participation Program. The ICR for the proper performance of the Corporation. describes the nature of the information functions of the agency, including LA–4 ..... New Orleans 1,740,090 collection and its expected burden and whether the information will have Legal Assist- cost. This document provides practical utility? ance Corpora- 2. Is the agency’s estimate of the time tion. information on the need for the ECR LA–8 ..... Southeast Lou- 530,650 Participation Program, information to be spent completing the application isiana Legal provided by applicants in the (‘‘burden of the proposed collection of Services Cor- application form, and estimates the information’’) accurate, including the poration. public burden associated with applying validity of the methodology and for and documenting activities assumptions used? These grants and contracts will be conducted under the ECR Participation 3. Can you suggest ways to enhance awarded under the authority conferred Program. Applications will not be the quality, utility, and clarity of the on LSC by the Legal Services accepted by the U.S. Institute until all information collected?
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4. Can you suggest ways to minimize Institute’s mission of promoting gather information about ECR processes the burden of the information collection resolution of environmental disputes for which support was requested. This on those who are to respond, including involving federal agencies. The specific provides the U.S. Institute with a through the use of appropriate objectives for this program are: mechanism for determining if the automated electronic, mechanical, or • To further the U.S. Institute goal of applicants meet the criteria for receiving other technological collection increasing the use of ECR in support and for targeting support to the techniques or other forms of information environmental, natural resource, and most promising ECR efforts (i.e. those technology? public lands conflicts that involve likely to produce implementable results federal agencies. through collaboration.) The proposed D. Abstract • To encourage high quality dispute Guidelines and sample Application The U.S. Institute for Environmental resolution processes by supporting form are located on the U.S. Institute’s Conflict Resolution plans to collect appropriate use of ECR strategies and website, at www.ecr.gov/new.htm#ecr. It information in an application form to be appropriate balance among interests is expected that the ECR Participation submitted by entities and organizations involved in the processes. Program will be open for applications for the purpose of documenting the • To support the ability of all affected through March, 31, 2004, roughly two need for U.S. Institute support, both parties to participate effectively in ECR years from approval of the information technical and financial, for specific processes. collection request. conflict resolution projects. Through the The U.S. Institute conducted an Environmental Conflict Resolution assessment of the need for support to ICR Process (ECR) Participation Program, the U.S. foster participation by all essential The first Federal Register notice was Institute will help provide neutral parties in ECR efforts early in 2001. The published on July 24, 2001, (66 (142): facilitation and convening services, and U.S. Institute consulted with 38434–38440). No formal written related participation support, for representatives of constituencies who comments were received. However, initiation of agreement-focused would be potential users of this program several organizations wrote to the U.S. environmental conflict resolution to ascertain their views of the need for Institute indicating an interest in the processes. State and local governments ECR participation support. program, and asking to be notified when and agencies, tribes, and non- Representatives of environmental the program begins accepting funding governmental organizations, may apply groups, natural resource users, tribes, applications. for support when needed to create local and state governments, and ECR E. Burden Statement balanced stakeholder involvement practitioners provided information processes involving federal agencies or about the specific needs for such a fund The annual public reporting and interests. and about criteria for eligibility. record keeping burden for this Responses to the collection of The consultative contacts identified collection of information is estimated to information (the application) are the following needs for participation average eight hours per response. As voluntary, but are required to obtain a support. used here, burden means the total time, benefit (financial or technical support • Many opportunities exist to build effort, or financial resources expended from the U.S. Institute.) The U.S. consensus on environmental and by persons to generate, maintain, retain, Institute may not conduct or sponsor, natural resource issues, but the parties or disclose or provide information to or and a person is not required to respond are often unable to do so without for a Federal agency. This includes the to, a collection of information unless it neutral, third party assistance. time needed to review instructions; displays a currently valid OMB control • State, local, non-governmental, and develop, acquire, install, and utilize number. tribal entities often lack the technical technology and systems for the purpose Background Information: U.S. and financial resources to obtain neutral of collecting, validating, and verifying Institute for Environmental Conflict feasibility assessments, ECR process information, processing and Resolution. The U.S. Institute for design and facilitation. maintaining information, and disclosing Environmental Conflict Resolution was • Third party assistance is often and providing information and created in 1998 by the Environmental required to ensure balanced transmitting information. Policy and Conflict Resolution Act (P.L. representation, or a level playing field, The Application Form will be 105–156). The U.S. Institute is located for non-governmental, state and local available both in hard copy and through in Tucson, Arizona and is part of the groups, and others who are not paid to the U.S. Institute’s web site. It is a two- Morris K. Udall Foundation, an participate in environmental page list of questions about the independent agency of the executive negotiations and collaborative proposed ECR effort and the activities branch of the federal government. The processes. that require support. The application U.S. Institute’s primary purpose is to • There is also a need to provide includes suggested budget formats, and provide impartial, non-partisan training in interest-based negotiations is designed to allow applicants to attach assistance to parties in conflicts for those working to overcome serious existing documents and, where possible, involving environmental, natural differences on environmental and reduce the time required for completion resources, and public lands issues natural resource issues. of the application. An application can involving a federal interest. The U.S. • A participation support program be submitted electronically, through e- Institute provides assistance in seeking should be easy to use and accessible to mail, and/or in hard copy via fax or agreement or resolving disputes through all types of applicants involved in ECR mail. The required quarterly progress use of mediation and other processes, but particularly to groups and report form is also included in the collaborative, non-adversarial means. situations that would be less likely than application form attached to this The Need for and Proposed Use of the others to succeed without it. submittal. Information Collected in the The Burden calculation includes time Application for the ECR Participation Draft Guideline and Sample Application for applicants to complete the Program: The ECR Participation Form application form and the time required Program is designed to achieve several The U.S. Institute has developed for the submittal of quarterly reports. It objectives, consistent with the U.S. guidelines and an application form to assumes a pool of 15 applicants per
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year, and assumes that 10 of the NATIONAL SCIENCE FOUNDATION ‘‘provide’’ a central clearinghouse for applications will be approved. Quarterly the collection, interpretation, and reports would be required only for those Notice of Intent To Seek Approval To analysis of data on the availability of, ten funded projects. It further assumes Extend and Revise a Current and the current and projected need for, an average of four quarterly project Information Collection scientific and technical resources in the reports per project. AGENCY: National Science Foundation. United States, and to provide a source of information for policy formulation by Respondent Pool: State agency staff, ACTION: Notice and request for other agencies of the Federal local government staff, non- comments. government’’ as mandated in the governmental organizations, tribal SUMMARY: The National Science National Science Foundation Act of governments, and natural resource user 1950. group association staff or members. Foundation (NSF) is announcing plans to request renewal of this collection. In The proposed project will continue Estimated Number of Respondents accordance with the requirement of the current survey cycle for three to five (per year): 15. section 3505(c)(2)(A) of the Paperwork years. The annual Fall surveys for 2002 Proposed Frequency of Response: One Reduction Act of 1995 (Pub. L. 104–13), through 2006 will survey the universe of response per application, plus up to we are providing opportunity for public approximately 725 reporting units at four quarterly progress reports per year. comment on this action. After obtaining approximately 600 institutions offering and considering public comment, NSF Respondent Time Burden Estimates: accredited graduate programs in will prepare the submission requesting science, engineering, or health. The Time per Response for Initial that OMB approve clearance of this survey has provided continuity of Application: Eight hours. collection for no longer than 3 years. statistics on graduate school enrollment Time per Responder for Quarterly DATES: Written comments on this notice and support for graduate students in all Reports: 4 hours per year (1 hour per must be received by April 1, 2002, to be science & engineering (S&E) and health report). assured of consideration. Comments fields, with separate data requested on demographic characteristics (race/ Total Burden Per Year for received after that date will be ethnicity and gender by full-time and Applications: 120 hours for 15 considered to the extent practicable. For Additional Information or part-time enrollment status). Statistics applicants. Comments: Contact Suzanne H. from the survey are published in NSF’s Total Burden Per Year for Quarterly Plimpton, Reports Clearance Officer, annual publication series Graduate Reports: 40 hours for ten projects. National Science Foundation, 4201 Students and Postdoctorates in Science Respondent Cost Burden Estimates Wilson Boulevard, Suite 295, Arlington, and Engineering, in NSF publication (managerial level salary at $55 per Virginia 22230; telephone 703—292— Science and Engineering Indicators, hour): 7556; or send email to Women, Minorities, and Persons with [email protected]. Individuals who use Disability in Science and Engineering, Capital or start-up costs ...... $0 a telecommunications device for the and are available electronically on the Cost per Respondent per applica- tion ...... 440 deaf (TDD) may call the Federal World Wide Web. Cost per Project for Quarterly Re- Information Relay Service (FIRS) at 1– The survey will be sent primarily to ports ...... 220 800–877–8339 between 8 a.m. and 8 the administrators at the Institutional Total Annual Cost Burden for p.m., Eastern time, Monday through Research Offices. To minimize burden, 15 Applications ...... 6,600 Friday. You also may obtain a copy of NSF instituted a Web-based survey in Total Annual Cost Burden for the date collection instrument and 1998 through which institutions can Quarterly Reports ...... 2,200 instructions from Ms. Plimpton. enter data directly or upload SUPPLEMENTARY INFORMATION: preformatted files. The Web-based Total Annual Cost Burden ..... 8,800 Title of Collection: Survey of Graduate survey includes a complete program for Students and Postdoctorates in Science editing and trend checking and allows Total Cost Burden, Two Years 17,600 and Engineering. institutions to receive their previous OMB Approval Number: 3145–0062. year’s data for comparison. Respondents Send comments on the Agency’s need Expiration Date of Approval: for this information, the accuracy of the will be encouraged to participate in this September 30, 2002. Web-based survey should they so wish. provided burden estimates, and any Type of Request: Intent to seek Traditional paper questionnaires will suggested methods for minimizing approval to extend with revision an also be available, with editing and trend respondent burden, including through information collection for three years. checking performed as part of the use of automated collection techniques Proposed Project: Graduate students survey processing. Overall burden is to the addresses listed above. Please in science, engineering, and health expected to be reduced from 2002 to refer to ECR Participation Program in fields in U.S. colleges and universities, 2004 due to expanded use by any correspondence. by source and mechanism of support institutions of the Web-based data and by demographic characteristics. An (Authority: 20 USC Sec. 5601–5609). collection system. electronic/mail survey, the Survey of Dated the 25th day of January 2002. Graduate Students and Postdoctorates in In Fall 2000, the survey achieved a Christopher L. Helms, Science and Engineering originated in total response rate of 99.4 percent for Executive Director, Morris K. Udall 1966 and has been conducted annually institutions and 99.0 percent for Foundation. since 1972. The survey is the academic departments. [FR Doc. 02–2317 Filed 1–30–02; 8:45 am] graduate enrollment component of the Estimate of Burden: Burden estimates BILLING CODE 6820–FN–P NSF statistical program that seeks to are as follows:
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Total number of institutions Department Burden hours
FY 1998 ...... 722 11,718 1.83 FY 1999 ...... 720 11,833 2.53 FY 2000 ...... 717 11,899 2.42
Respondents: Individuals. Environmental Assessment that the proposed exemption does not involve radioactive wastes, release of Estimated Number of Responses: Identification of the Proposed Action 11,899 (from the 2000 collection). radioactive material into the Estimated Total Annual Burden on The proposed action would amend an atmosphere, solid radioactive waste, or Respondents: 28,796 hours (from the existing exemption concerning certain liquid effluents released to the 2000 collection). requirements of Section III.G of environment. Frequency of Responses: Annually. Appendix R, ‘‘Fire Protection Program The Davis-Besse Nuclear Power Comments: Comments are invited on for Nuclear Power Facilities Operating Station systems were evaluated in the (a) whether the proposed collection of Prior to January 1, 1979.’’ Specifically, Final Environmental Statement (FES) information is necessary for the proper this amendment to the existing dated October 1975 (NUREG 75/097). performance of the functions of the exemption applies to requirements for The proposed exemption will not Agency, including whether the the DBNPS Component Cooling Water involve any change in the waste information shall have practical utility; (CCW) Heat Exchanger and Pump Room treatment systems described in the FES. (b) the accuracy of the Agency’s (Room 328). The proposed action will not The proposed action is in accordance estimate of the burden of the proposed significantly increase the probability or with the licensee’s application dated collection of information; (c) ways to consequences of accidents, no changes December 21, 2000. enhance the quality, utility, and clarity are being made in the types of effluents of the information on respondents; and The Need for the Proposed Action that may be released off site, and there (d) ways to minimize the burden of the is no significant increase in The proposed action is needed occupational or public radiation collection of information on those who because an underlying basis for the are to respond, including through the exposure. Therefore, there are no existing exemption, namely, the use of significant radiological environmental use of appropriate automated, fire protection wrap for certain electronic, mechanical, or other impacts associated with the proposed equipment, is no longer necessary due action. technological collection techniques or to plant modifications. Section III.G of other forms of information technology. With regard to potential non- Appendix R requires, in part, 20 feet of radiological impacts, the proposed Dated: January 28, 2002. separation between redundant trains of action does not have a potential to affect Suzanne H. Plimpton, systems necessary for hot shutdown in any historic sites. It does not affect non- Reports Clearance Officer, National Science the same fire area, with no intervening radiological plant effluents and has no Foundation. combustibles. Contrary to this other environmental impact. Therefore, [FR Doc. 02–2416 Filed 1–30–02; 8:45 am] requirement, all three CCW pumps for there are no significant non-radiological BILLING CODE 7555–01–M the DBNPS are located at one end of environmental impacts associated with Room 328, and although the redundant the proposed action. CCW pumps are more than 20 feet apart, Accordingly, the NRC concludes that the third pump, a ‘‘swing’’ component, there are no significant environmental NUCLEAR REGULATORY is located between the redundant impacts associated with the proposed COMMISSION pumps. The centerline of the swing action. pump is approximately 11 feet from the Environmental Impacts of the [Docket NO. 50–346] centerline of each of the other two pumps. Only one CCW pump is needed Alternatives to the Proposed Action Firstenergy Nuclear Operating for safe shutdown. In order to maintain As an alternative to the proposed Company, Davis-Besse Nuclear Power the remainder of the room in action, the staff considered denial of the Station, Unit 1; Environmental compliance with Appendix R proposed action (i.e., the ‘‘no-action’’ Assessment and Finding of No requirements, certain electrical conduits alternative). Denial of the application Significant Impact and valves in Room 328 associated with would result in no change in current the CCW system were, at the time of the environmental impacts. The The U.S. Nuclear Regulatory request for the existing exemption, environmental impacts of the proposed Commission (NRC) is considering protected against fire to ensure that a action and the alternative action are issuance of an amendment to an existing fire would not lead to the inoperability similar. exemption from title 10 of the Code of of both CCW pumps. Since the issuance Federal Regulations (10 CFR) part 50, of the existing exemption, the necessity Alternative Use of Resources section III.G, appendix R, for Facility of protecting these conduits and valves The action does not involve the use of Operating License No. NPF–3, issued to from fire has evolved to the point where any different resource than those FirstEnergy Nuclear Operating Company their fire protection wrapping is no previously considered in the Final (the licensee), for operation of the Davis- longer required in order to ensure safe Environmental Statement for the Besse Nuclear Power Station (DBNPS), shutdown. DBNPS, dated October 1975. Unit 1, located in Ottawa County, Ohio. Therefore, as required by 10 CFR 51.21, Environmental Impacts of the Proposed Agencies and Persons Consulted the NRC is issuing this environmental Action In accordance with its stated policy, assessment and finding of no significant The NRC has completed its evaluation on January 16, 2002, the NRC staff impact. of the proposed action and concludes consulted with Ohio State official, C.
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O’Claire, Chief, Radiological Branch, issues and facts, and to formulate ACTION: Notice of availability and Ohio Emergency Management Agency, proposed positions and actions, as request for public comment. regarding the environmental impact of appropriate, for deliberation by the full the proposed action. The state official Committee. SUMMARY: The Nuclear Regulatory had no comments. Oral statements may be presented by Commission’s (NRC) Office of Nuclear Material Safety and Safeguards (NMSS) Finding of No Significant Impact members of the public with the concurrence of the Subcommittee is announcing the availability of a draft On the basis of the environmental Chairman; written statements will be document ‘‘Consolidated NMSS assessment, the NRC concludes that the accepted and made available to the Decommissioning Guidance: proposed action will not have a Committee. Electronic recordings will Decommissioning Process’’ (NUREG– significant effect on the quality of the be permitted only during those portions 1757, Vol. 1), for public comment. This human environment. Accordingly, the of the meeting that are open to the document provides guidance for the NRC has determined not to prepare an public, and questions may be asked only planning and implementation of the environmental impact statement for the by members of the Subcommittee, its termination of licenses issued through proposed action. consultants, and staff. Persons desiring NMSS’s licensing programs. The For further details with respect to the to make oral statements should notify guidance is intended for NRC staff, proposed action, see the licensee’s letter the Designated Federal Official named licensees, and the public and is being dated December 21, 2000. Documents below five days prior to the meeting, if developed in response to the NMSS may be examined, and/or copied for a possible, so that appropriate performance goals, in the NRC’s fee, at the NRC’s Public Document arrangements can be made. Strategic Plan, of: Making NRC activities Room (PDR), located at One White Flint During the initial portion of the and decisions more effective, efficient, North, 11555 Rockville Pike (first floor), meeting, the Subcommittee, along with and realistic; and reducing unnecessary Rockville, Maryland. Publicly available any of its consultants who may be regulatory burden on stakeholders. NRC records will be accessible electronically present, may exchange preliminary is seeking public comment in order to from the ADAMS Public Library views regarding matters to be receive feedback from the widest range component on the NRC Web site, http:/ considered during the balance of the of interested parties and to ensure that /www.nrc.gov (the Public Electronic meeting. all information relevant to developing Reading Room). Persons who do not The Subcommittee will then hear the document is available to the NRC have access to ADAMS or who presentations by and hold discussions staff. This draft document is being encounter problems in accessing the with representatives of the NRC staff issued for comment only and is not documents located in ADAMS, should and other interested persons regarding intended for interim use. The NRC will contact the NRC PDR Reference staff by this review. review public comments received on the telephone at 1–800–397–4209, or 301– Further information regarding topics draft document. Suggested changes will 415–4737, or by e-mail at [email protected]. to be discussed, whether the meeting be incorporated, where appropriate, in Dated at Rockville, Maryland, this 25th day has been canceled or rescheduled, and response to those comments, and a final of January 2002. the Chairman’s ruling on requests for document will be issued for use. For the Nuclear Regulatory Commission. the opportunity to present oral DATES: Comments on this draft Anthony J. Mendiola, statements and the time allotted document should be submitted by May Chief, Section 2, Project Directorate III, therefor, can be obtained by contacting 1, 2002. Comments received after that Division of Licensing Project Management, the Designated Federal Official, Mr. date will be considered to the extent Office of Nuclear Reactor Regulation. Noel F. Dudley (telephone 301/415– practicable. [FR Doc. 02–2375 Filed 1–30–02; 8:45 am] 6888) between 7:30 a.m. and 4:15 p.m. ADDRESSES BILLING CODE 7590–01–P (EST). Persons planning to attend this : NUREG–1757 is available meeting are urged to contact the above for inspection and copying for a fee at named individual one or two working the Commission’s Public Document NUCLEAR REGULATORY days prior to the meeting to be advised Room, U.S. NRC’s Headquarters COMMISSION of any potential changes to the agenda, Building, 11555 Rockville Pike (First etc., that may have occurred. Floor), Rockville, Maryland, and Advisory Committee on Reactor electronically from the ADAMS Safeguards; Meeting of the Dated: January 24, 2002. Electronic Reading Room on the NRC Subcommittee on Plant License Sam Duraiswamy, Web site at, Renewal; Notice of Meeting Acting Associate Director for Technical http://www.nrc.gov/reading-rm/ Support, ACRS/ACNW. adams.html. NUREG–1757 is also The ACRS Subcommittee on Plant [FR Doc. 02–2374 Filed 1–30–02; 8:45 am] License Renewal will hold a meeting on available on the NRC web site at: BILLING CODE 7590–01–P March 13, 2002, City Hall, 404 West http://www.nrc.gov/reading-rm/doc- Palm Drive, Florida City, Florida. collections/nuregs/staff or http:// The entire meeting will be open to www.nrc.gov/materials/ NUCLEAR REGULATORY decommissioning/regs-guides- public attendance. COMMISSION The agenda for the subject meeting comm.html. shall be as follows: Wednesday, March Updated and Consolidated A free single copy of NUREG–1757 13, 2002—1:30 p.m. until the conclusion Decommissioning Policy and will be available to interested parties of business. Guidance of the Nuclear Regulatory until the supply is exhausted. Such The Subcommittee will review the Commission’s Office of Nuclear copies may be requested by writing to NRC staff’s final Safety Evaluation Material Safety and Safeguards; Notice the U.S. Nuclear Regulatory Report related to the license renewal of of Availability Commission, Distribution Services, Turkey Point Nuclear Power Plant Units Washington, DC 20555–0001 or 3 and 4. The purpose of this meeting is AGENCY: Nuclear Regulatory submitting e-mail to to gather information, analyze relevant Commission. [email protected].
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Members of the public are invited and decommissioning guidance. When final, For the Nuclear Regulatory Commission. encouraged to submit written comments it is intended for use by applicants, Larry W. Camper, to: Jack D. Parrott, Project Scientist, licensees, NRC license reviewers, and Chief, Decommissioning Branch, Division of Office of Nuclear Material Safety and other NRC personnel. This document Waste Management, Office of Nuclear Safeguards, Mail Stop T–7F27, U.S. updates and builds upon the risk- Material Safety and Safeguards. Nuclear Regulatory Commission, informed approach in, and in whole or [FR Doc. 02–2376 Filed 1–30–02; 8:45 am] Washington, DC 20555–0001. Hand- in part incorporates the NMSS BILLING CODE 7590–01–P deliver comments to: 11555 Rockville Decommissioning Handbook (NUREG/ Pike, Rockville, MD, between 7:30 a.m. BR–0241, ‘‘NMSS Handbook for and 4:15 p.m., Federal workdays. Decommissioning Fuel Cycle and SECURITIES AND EXCHANGE Comments may also be sent Materials Facilities,’’ March 1997). This COMMISSION electronically to draft NUREG also incorporates the parts [email protected]. Copies of of the ‘‘NMSS Decommissioning [Release No. IC–25401] comments received may be examined at Standard Review Plan,’’ NUREG–1727, the ADAMS Electronic Reading Room September 2000, that provide guidance Notice of Applications for on the NRC Web site, and the NRC for developing those parts of a Deregistration Under Section 8(f) of the Public Document Room, 11555 decommissioning plan addressing Investment Company Act of 1940 Rockville Pike, Room O–1F21, general site description and current January 25, 2002. Rockville, MD 20852. The NRC Public radiological conditions; The following is a notice of Document Room is open from 7:45 a.m. decommissioning activities, applications for deregistration under to 4:15 p.m., Monday through Friday, management, and quality assurance; and section 8(f) of the Investment Company except on Federal holidays. modifications to decommissioning Act of 1940 for the month of January, FOR FURTHER INFORMATION CONTACT: Jack programs and procedures. 2002. A copy of each application may be D. Parrott, Mail Stop T–7F27, U.S. The policies and procedures obtained for a fee at the SEC’s Public Nuclear Regulatory Commission, discussed in draft NUREG–1757, Reference Branch, 450 Fifth St., NW, Washington, DC 20555–0001. Volume 1, will be used by NRC staff Washington, DC 20549–0102 (tel. 202– Telephone: (301) 415–6700; Internet: overseeing the decommissioning 942–8090). An order granting each [email protected]. program at licensed fuel cycle, fuel application will be issued unless the SUPPLEMENTARY INFORMATION: As part of storage, and materials sites to evaluate SEC orders a hearing. Interested persons its redesign of the materials license a licensee’s decommissioning actions. may request a hearing on any program, the NRC’s Office of Nuclear This draft NUREG also describes, and application by writing to the SEC’s Material Safety and Safeguards (NMSS) make available to the public, methods Secretary at the address below and is consolidating and updating numerous acceptable to the NRC staff in serving the relevant applicant with a decommissioning guidance documents implementing specific parts of the copy of the request, personally or by into a three-volume NUREG. The three Commission’s regulations, to delineate mail. Hearing requests should be volumes are as follows: (1) The General techniques and criteria used by the staff received by the SEC by 5:30 p.m. on Materials Decommissioning Process; (2) in evaluating decommissioning actions, February 19, 2002, and should be Characterization, Survey, and and to provide guidance to licensees accompanied by proof of service on the Determination of Radiological Criteria; responsible for decommissioning NRC- applicant, in the form of an affidavit or, and (3) Financial Assurance, licensed sites. This NUREG will not for lawyers, a certificate of service. Recordkeeping, and Timeliness. Volume substitute for regulations, and Hearing requests should state the nature 1 of this NUREG series, entitled compliance with it will not be required. of the writer’s interest, the reason for the ‘‘Consolidated NMSS Decommissioning Methods and solutions different from request, and the issues contested. Guidance: Decommissioning Process,’’ those in this NUREG will be acceptable, Persons who wish to be notified of a is the first of these three volumes and if they provide a basis for concluding hearing may request notification by is intended for use by licensees and that the decommissioning actions are in writing to the Secretary, SEC, 450 Fifth NRC staff. compliance with the Commission’s Street, NW, Washington, DC 20549– The approaches to license termination regulations. Other NRC licensees, e.g. 0609. For Further Information Contact: described in this NUREG will help to nuclear reactors or uranium recovery Diane L. Titus, at (202) 942–0564, SEC, identify the information (subject matter facilities, may find this information Division of Investment Management, and level of detail) needed to terminate useful, but they are not the subject of Office of Investment Company a license by considering the specific this NUREG. Regulation, 450 Fifth Street, NW, circumstances of the wide range of Further information on the overall Washington, DC 20549–0506. radioactive materials users licensed by decommissioning guidance PaineWebber Mutual Fund Trust [File NRC. This guidance takes a risk- consolidation and updating project can No. 811–4312] informed, performance-based approach be found in the Federal Register Notice to the information needed to support an publishing the plan for the project (66 Summary: Applicant seeks an order application for the termination of a FR 21793). declaring that it has ceased to be an materials license. When published as a Commentors are encouraged to submit investment company. On February 23, final report, this guidance should be their written comments to the addresses 2001, applicant’s series, PaineWebber used by licensees in preparing license listed above. To ensure efficient and National Tax-Free Income Fund, amendment requests. NRC staff will use complete comment resolution, transferred its assets to PACE Municipal the final guidance in reviewing these commentors are requested to reference Fixed Income Investments, a series of amendment requests. the page number and the line number of PACE Select Advisors Trust, based on Draft NUREG–1757, Volume 1, the document to which the comment net asset value. On March 9, 2001, ‘‘Consolidated NMSS Decommissioning applies if possible. applicant’s remaining series, Guidance: Decommissioning Process,’’ Dated at Rockville, MD, this 23rd day of PaineWebber California Tax-Free is the first of three volumes on January, 2002. Income Fund, transferred its assets to
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MFS California Municipal Bond Fund, a incurred in connection with the Advisors, Inc., investment adviser to series of MFS Municipal Series Trust, reorganizations. each applicant. based on net asset value. Expenses of Filing Date: The applications were Filing Dates: The applications were $214,588 incurred in connection with filed on December 4, 2001. Fifth Third/ filed on December 19, 2001, except Maxus Income Fund filed an amended the reorganization were paid by Brinson PaineWebber Investment Trust II, which application on December 10, 2001. Advisors, Inc., applicant’s investment was filed on December 21, 2001. adviser. Applicants’ Address: 1404 East Ninth Filing Date: The application was filed St., Fifth Floor, Cleveland, OH 44114. Applicants’ Address: 51 West 52nd St., New York, NY 10019–6114. on January 7, 2002. Arrow Funds [File No. 811–7041] Applicant’s Address: 51 West 52nd Nationwide Asset Allocation Trust [File St., New York, NY 10019–6114. Summary: Applicant seeks an order declaring that it has ceased to be an No. 811–7805] PaineWebber Municipal Series [File No. investment company. On November 14, 811–5014] Summary: Applicant seeks an order 1997, applicant transferred its assets to declaring that it has ceased to be an The Arch Funds, Inc., based on net asset Summary: Applicant seeks an order investment company. On July 20, 2001, value. Expenses of approximately declaring that it has ceased to be an applicant made a liquidating $20,000 incurred in connection with the investment company. On March 9, 2001, distribution to its shareholders based on reorganization were paid by applicant applicant transferred its assets to MFS net asset value. Expenses of $2,901 and the acquiring fund. Municipal Bond Fund, a series of MFS incurred in connection with the Municipal Series Trust, and MFS Filing Date: The application was filed on January 2, 2002. liquidation were paid by Villanova SA Municipal High Income Fund, a series Capital Trust, applicant’s investment of MFS Series Trust III, based on net Applicant’s Address: 1001 Liberty adviser. asset value. Expenses of $82,287 Ave., Pittsburgh, PA 15222. incurred in connection with the COUNTRY Growth Fund, Inc. [File No. Filing Date: The application was filed reorganization were paid by Brinson 811–1338] on December 11, 2001. Advisors, Inc., applicant’s investment Applicant’s Address: Three adviser. COUNTRY Tax Exempt Bond Fund, Inc. [File No. 811–2840] Nationwide Plaza, Columbus, OH Filing Date: The application was filed 43215. on January 7, 2002. COUNTRY Taxable Fixed Income Applicant’s Address: 51 West 52nd Series Fund, Inc. [File No. 811–3186] Bonfiglio & Reed Options Fund [File No. 811–9905] Street, New York, NY 10019–6114. Summary: Each applicant seeks an MaxFund Trust [File No. 811–8499] order declaring that it has ceased to be Summary: Applicant seeks an order an investment company. On October 31, declaring that it has ceased to be an Summary: Applicant seeks an order 2001, each applicant transferred its declaring that it has ceased to be an investment company. On January 29, assets to COUNTRY Mutual Funds Trust 2001, applicant made a final liquidating investment company. On August 13, based on net asset value. Expenses of 2001, one of applicant’s portfolios, Fifth distribution to its shareholders based on $26,261, $9,481 and $7,810, net asset value. Expenses of $50 Third/Maxus Aggressive Value Fund, respectively, incurred in connection transferred its assets to Fifth Third incurred in connection with the with the reorganizations were paid by liquidation were paid by Bonfiglio & Microcap Value Fund, a portfolio of COUNTRY Trust Bank, investment Fifth Third Funds, based on net asset Reed LLC, applicant’s investment adviser to each applicant. adviser. value. On October 1, 2001, applicant’s Filing Date: The applications were remaining portfolio, Fifth Third/Maxus filed on December 21, 2001. Filing Dates: The application was Ohio Heartland Fund made a Applicants’ Address: 808 IAA Dr., filed on September 26, 2001, and liquidating distribution to its Bloomington, IL 61702–2901. amended on January 7, 2002. shareholders based on net asset value. Applicant’s Address: P.O.Box 2256, Applicant incurred no expenses in PaineWebber America Fund [File No. Tempe, AZ 82580–2256. connection with either the 811–3502] reorganization or liquidation. PaineWebber Olympus Fund [File No. Credit Suisse Asset Management Filing Date: The application was filed 811–4180] Strategic Global Income Fund, Inc. [File on December 4, 2001. No. 811–5458] Applicant’s Address: 1404 East Ninth PaineWebber Managed Assets Trust St., Fifth Floor, Cleveland, OH 44114. [File No. 811–6376] Summary: Applicant, a closed-end PaineWebber Securities Trust [File No. investment company, seeks an order Fifth Third/Maxus Income Fund [File 811–7473] declaring that it has ceased to be an No. 811–4144] PaineWebber Investment Trust II [File investment company. On May 14, 2001, Fifth Third/Maxus Equity Fund [File No. 811–7104] applicant transferred its assets to Credit No. 811–5865] Suisse Asset Management Income Fund, Summary: Each applicant seeks an Inc. based on net asset value. Expenses Fifth Third/Maxus Laureate Fund [File order declaring that it has ceased to be No. 811–7516] of $694,820 incurred in connection with an investment company. By February the reorganization were shared equally Summary: Each applicant seeks an 23, 2001, each applicant had transferred between applicant and the acquiring order declaring that it has ceased to be its assets to a corresponding series of fund. an investment company. By October 23, PaineWebber PACE Select Advisors 2001, each applicant transferred its Trust based on net asset value. Expenses Filing Dates: The application was assets to a portfolio of Fifth Third of $243,347, $171,183, $130,421, filed on June 22, 2001, and amended on Funds, based on net asset value. Fifth $253,868 and $90,272, respectively, December 28, 2001. Third Bank, an affiliate of applicants’ incurred in connection with the Applicant’s Address: 466 Lexington investment adviser, paid all expenses reorganizations were paid by Brinson Ave., 16th Floor, New York, NY 10017.
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For the Commission, by the Division of Commentary...... of its off-board equity trading Investment Management, pursuant to restrictions by filing with the delegated authority. For each transaction executed by a member organization or affiliated Commission to rescind NYSE Rule 390. J. Lynn Taylor, person pursuant to paragraph (b), a Amex and the other national securities Assistant Secretary. record of such transaction shall be exchanges then filed proposed rule [FR Doc. 02–2372 Filed 1–30–02; 8:45 am] maintained by the member or member changes with the Commission to BILLING CODE 8010–01–P organization and shall be available for eliminate off-board trading restrictions inspection by the Exchange for a period by their members. The Commission of three years. Such record shall include approved these proposals to eliminate SECURITIES AND EXCHANGE the circumstances under which the off-board trading restrictions. However, COMMISSION transaction was executed in conformity as indicated in Rule 19c–3(a) of the Act, with this rule. off-board trading restrictions by [Release No. 34–45334; File No. SR–Amex– members of the national securities 2001–111] II. Self-Regulatory Organization’s exchanges may still apply to options Statement of the Purpose of, and contracts issued by the Options Clearing Self-Regulatory Organizations; Notice Statutory Basis for, the Proposed Rule Corporation (‘‘OCC’’). Therefore, of Filing and Immediate Effectiveness Change because listed options issued and of Proposed Rule Change by the In its filing with the Commission, the cleared by OCC are required to be American Stock Exchange LLC Exchange included statements transacted on an Exchange,7 the Regarding Off-Exchange Trading in concerning the purpose of and basis for elimination of Exchange Rule 959(b) to Exchange Listed Options the proposed rule change and discussed allow limited over-the-counter January 25, 2002. any comments it received on the transaction in the market by members proposed rule change. The text of these Pursuant to section 19(b)(1) of the was not proper. Exchange Rule 959(b) statements may be examined at the Securities Exchange Act of 1934 will allow members to effect places specified in Item IV below. The (‘‘Act’’),1 and Rule 19b–4 2 thereunder, transactions in options contracts as Exchange has prepared summaries, set notice is hereby given that on December principals in the over-the-counter forth in sections A, B, and C below, of 26, 2001, the American Stock Exchange market for a premium not in excess of the most significant aspects of such LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with $1.00 per contract. The Commentary to statements. the Securities and Exchange Exchange Rule 959 will require that for Commission (‘‘Commission’’) the A. Self-Regulatory Organization’s each over-the-counter transaction, the proposed rule change as described in Statement of the Purpose of, and member, member organization, or Items I, II, and III below, which Items Statutory Basis for, the Proposed Rule affiliated person, maintain a record of have been prepared by the Exchange. Change such transaction and keep such records available for Exchange inspection for The Commission is publishing this (1) Purpose notice to solicit comments on the three years. Other options exchanges, such as the proposed rule change from interested On February 1, 2000, the Exchange Chicago Board Options Exchange, Inc. persons. filed with the Commission pursuant to Rule 19b–4 of the Act,3 a proposed rule (‘‘CBOE’’), the Pacific Stock Exchange, I. Self-Regulatory Organization’s change to rescind its off-board trading Inc. (‘‘PCX’’) and the Philadelphia Stock Statement of the Terms of Substance of rules (Exchange Rules 5 and 6) and to Exchange, Inc. (‘‘Phlx’’) permit the Proposed Rule Change make conforming changes to Rules 25, transactions in the over-the-counter 8 The Exchange proposes to amend 317, 900 and 959.4 The Commission market under the same restrictions. At Exchange Rule 959 to reinstate text subsequently approved the proposed the time when off-board trading inadvertently deleted that allows certain rule change on June 1, 2000.5 According restrictions for equity securities were trading in Exchange listed options to the Exchange, rather than simply lifted in June 2000, the other options contracts to occur off the Exchange. deleting the reference to Exchange Rule exchanges did not similarly revise their The text of the proposed rule change 5 in paragraph (b) of Rule 959, rules to delete reference to over-the- appears below. New text is in italics; paragraph (b) was inadvertently deleted counter transactions. deletions are in brackets. in its entirety. Exchange Rule 959(b) (2) Statutory Basis concerned the ability of Exchange Rule 959. Accommodation Transactions members to effect transactions in the The Exchange believes that the over-the-counter market in options. The proposed rule change is consistent with (a) No Change. 9 (b) Any member, member provision required that options section 6(b) of the Act in general and premiums not exceed $1.00 per contract furthers the objectives of Section organization or other person who is a 10 non-member broker or dealer and who for any class of options listed on the 6(b)(5) in particular in that it is directly or indirectly controls, is Exchange. designed to prevent fraudulent and controlled by, or is under common Rule 19c–3(a) of the Act 6 prohibits a manipulative acts and practices, to control with, a member, member national securities exchange from promote just and equitable principles of organization (any such other person imposing off-board trading restrictions trade, to foster cooperation and referred to as an affiliated person) may on equity securities listed after April 26, coordination with persons engaged in effect any transaction as principal in the 1979. In 2000, the New York Stock facilitating transactions in securities, to over-the-counter market in any class of Exchange Inc. proposed the elimination remove impediments to and perfect the option contracts listed on the Exchange mechanism of a free and open market for a premium not in excess of $1.00 per 3 17 CFR 240.19b–4. 4 See Securities Exchange Act Release No. 42460 7 See OCC By-Laws Article VI Section 1. contract. (February 25, 2000), 65 FR 11618 (March 3, 2000). 8 See CBOE Rule 6.49, PCX Rule 6.78, and Phlx 5 Securities Exchange Act Release No. 42888 Rule 1059. 1 15 U.S.C. 78s(b)(1). (June 1, 2000), 65 FR 36855 (June 12, 2000). 9 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 6 17 CFR 240.19c(3)(a). 10 15 U.S.C. 78f(b)(5).
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and a national market system, to protect submissions should refer to File No. similar cross-margining arrangement investors and the public interest, and is SR–Amex–2001–111 and should be with the Board of Trade Clearing not designed to permit unfair submitted by February 21, 2002. Corporation.6 discrimination between customers, For the Commission, by the Division of This development is significant issuers, brokers and dealers. Market Regulation, pursuant to delegated because the Chicago Board of Trade, for 13 which BOTCC clears, is by far the B. Self-Regulatory Organization’s authority. Margaret H. McFarland, largest Treasury futures exchange Statement on Burden on Competition market, and certain of its products, such Deputy Secretary. The Exchange believes that the as the 10-Year Note futures contract, proposed rule change will impose no [FR Doc. 02–2370 Filed 1–30–02; 8:45 am] which will be cross-margined with burden on competition. BILLING CODE 8010–01–P GSCC products, continue to experience growth in volume. Thus, establishing C. Self-Regulatory Organization’s the cross-margining program between Statement on Comments on the SECURITIES AND EXCHANGE GSCC and BOTCC has the potential to Proposed Rule Change Received From COMMISSION provide significant collateral savings to Members, Participants, or Others [Release No. 34–45335; File No. SR–GSCC– the industry in general and to GSCC’s No written comments were solicited 2001–03] and BOTCC’s common members in or received with respect to the proposed particular. From each clearing rule change. Self-Regulatory Organizations; organization’s perspective, the cross- Government Securities Clearing III. Date of Effectiveness of the margining program will provide Corporation; Order Approving important risk management benefits. Proposed Rule Change and Timing for Proposed Rule Change Relating to Commission Action These benefits include such things as Establishment of a Cross-Margining providing the clearing organizations The foregoing rule change has become Agreement With the Board of Trade with more information concerning effective pursuant to section Clearing Corporation members’ intermarket positions to 19(b)(3)(A)(iii) of the Act 11 and Rule January 25, 2002. enable the clearing organizations to 19b–4(f)(3) 12 thereunder because the make more accurate decisions regarding Exchange has designated it as concerned I. Introduction the true risk of the positions to the solely with the administration of the On April 4, 2001, the Government clearing organizations and encouraging Exchange. At any time within 60 days Securities Clearing Corporation coordinated liquidation processes for a of the filing of such proposed rule (‘‘GSCC’’) filed with the Securities and joint participant, or a participant and its change, the Commission may summarily Exchange Commission (‘‘Commission’’) affiliate, in the event of an insolvency.7 abrogate such rule change if it appears proposed rule change SR–GSCC–2001– A. GSCC’s Cross-Margining Program to the Commission that such action is 03 pursuant to section 19(b)(1) of the necessary or appropriate in the public Securities Exchange Act of 1934 GSCC believes that the most efficient interest, for the protection of investors, (‘‘Act’’).1 Notice of the proposal was and appropriate approach for or otherwise in furtherance of the published in the Federal Register on establishing cross-margining programs purposes of the Act. September 11, 2001.2 No comment for fixed-income and other interest rate products is to do so on a multilateral IV. Solicitation of Comments letters were received. For the reasons basis with GSCC as the ‘‘hub.’’ Each Interested persons are invited to discussed below, the Commission is approving the proposed rule change. clearing organization that participates in submit written data, views and a cross-margining program with GSCC, arguments concerning the foregoing, II. Description 3 such as NYCC, CME, and now BOTCC, including whether the proposed rule On August 19, 1999, the Commission (hereinafter ‘‘Participating CO’’) enters change is consistent with the Act. approved GSCC’s proposed rule filing to into a separate cross-margining Persons making written submissions establish a cross-margining program agreement between itself and GSCC. should file six copies thereof with the with other clearing organizations and to Each of the agreements will have similar Secretary, Securities and Exchange begin its program with the New York terms and no preference will be given Commission, 450 Fifth Street, NW., Clearing Corporation (‘‘NYCC’’).4 More by GSCC to one Participating CO over Washington, DC 20549–0609. Copies of recently, the Commission approved another. the submission, all subsequent GSCC’s proposed rule filing to establish Cross-margining is available to any amendments, all written statements a similar cross-margining program with GSCC netting member (with the with respect to the proposed rule the Chicago Mercantile Exchange exception of inter-dealer broker netting change that are filed with the (‘‘CME’’).5 GSCC is now establishing a Commission, and all written GSCC–00–13]. In addition to approving GSCC’s cross-margining program with the CME, the order communications relating to the 13 17 CFR 200.30–3(a)(12). granted approval to change GSCC Rule 22, Section proposed rule change between the 1 15 U.S.C. 78s(b)(1). 4, to clarify that before GSCC credits an insolvent Commission and any person, other than 2 Securities Exchange Act Release No. 44766 member for any profit realized on the liquidation those that may be withheld from the (September 5, 2001), 66 FR 47251. of the member’s final net settlement positions, public in accordance with the 3 The description of GSCC’s cross-margining GSCC will fulfill its obligations with respect to that provisions of 5 U.S.C. 552, will be program is drawn largely from representations member under cross-margining agreements. made by GSCC. 6 BOTCC is a Delaware corporation that acts as available for inspection and copying in 4 Securities Exchange Act Release No. 41766 the clearing organization for certain futures the Commission’s Public Reference (August 19, 1999), 64 FR 46737 (August 26, 1999) contracts and options on futures contracts that are Room. Copies of such filing will also be [File No. SR–GSCC–98–04]. The requisite rule traded on the Chicago Board of Trade and that are available for inspection and copying at changes necessary for GSCC to engage in cross- regulated by the Commodity Futures Trading the principal office of the Amex. All margining programs with other clearing Commission. organizations were made in the NYCC cross- 7 The GSCC–BOTCC cross-margining agreement margining rule filing. requires ownership of 50 percent or more of the 11 15 U.S.C. 78s(b)(3)(A)(iii). 5 Securities Exchange Act Release No. 44301 (May common stock of an entity to indicate control of the 12 17 CFR 240.19–4(f)(3). 11, 2001), 66 FR 28207 (May 22, 2001) [File No. SR– entity for purposes of the definition of ‘‘affiliate.’’
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members) that is, or that has an affiliate pair of offset classes, the positions are BOTCC.11 All eligible positions that is, a member of a Participating CO. equally correlated, GSCC will allocate maintained by a cross-margining Any such member (or pair of affiliated pro rata based upon the residual margin participant in its account at GSCC and members) may elect to have its margin amount available at each Participating in its (or its affiliate’s) proprietary requirements at both clearing CO. GSCC and each Participating CO account at BOTCC will be eligible for organizations calculated based upon the may then reduce the amount of cross-margining.12 Initially, as a net risk of its cash and repo positions at collateral that they collect to reflect the conservative measure, residual margin GSCC and of its offsetting and correlated offsets between the cross-margining amounts will be applied only within the positions in related contracts carried at participant’s positions at GSCC and its same offset class (e.g., the 2-Year Note the Participating CO. Cross-margining is (or its affiliate’s) positions at the against the 2-Year Note future). An intended to lower the cross-margining Participating CO.9 In the event of the appropriate disallowance factor13 based participant’s (or pair of affiliated default and liquidation of a cross- on correlation studies and a minimum members’) overall margin requirement. margining participant, the loss sharing margin factor14 will be applied.15 The GSCC member (and its affiliate, if between GSCC and each of the 3. Margin Rates: GSCC and BOTCC applicable) will sign an agreement Participating COs will be based upon currently use different margin rates to under which it (or they) agree to be the foregoing allocations and the cross- establish margin requirements for their bound by the cross-margining agreement margin reduction. respective products. Margin reductions between GSCC and the Participating CO in the GSCC–BOTCC cross-margining and which allows GSCC or the GSCC will guarantee the cross- arrangement will always be computed Participating CO to apply the member’s margining participant’s (or its affiliate’s) based on the lower of the applicable (or its affiliate’s) margin collateral to performance to each Participating CO margin rates. This methodology results satisfy any obligation of GSCC to the up to a specified maximum amount in a potentially lesser benefit to the Participating CO (or vice versa) that based on the loss sharing formula participant but ensures a more results from a default of the member (or contained in the Cross-Margining conservative result (i.e., more collateral its affiliate). Agreement. Each Participating CO will held at the clearing organization) for Margining based on the net combined provide the same guaranty to GSCC. The both GSCC and the Participating COs. risk of correlated positions is based on amount of the guarantee is the lowest of: 4. Daily Procedures: On each business an arrangement under which GSCC and (1) The cross-margin loss of the worse day, it is expected that BOTCC will each Participating CO agree to accept off party; (2) the higher of the cross- inform GSCC of the residual margin the correlated positions in lieu of margin reduction or the cross-margin amounts it is making available for cross- supporting collateral. Under this gain of the better off party; (3) the margining by approximately 11 p.m. arrangement, each clearing organization amount required to equalize the parties’ New York time. GSCC will inform holds and manages its own positions cross-margin results; or (4) the amount BOTCC by approximately 1 a.m. New and collateral and independently by which the cross-margining reduction York time how much of these residual determines the amount of margin that it exceeds the better off party’s cross- margin amounts it will use. Reductions will make available for cross-margining, margin loss if both parties have cross- as computed will be reflected in the referred to as the ‘‘residual margin margin losses. daily clearing fund calculation. amount.’’ B. Information Specific to the Current C. Benefits of Cross-Margining GSCC computes the amount by which Agreement Between GSCC and BOTCC the cross-margining participant’s margin GSCC believes that its cross- requirement can be reduced at each 1. Participation in the cross-margining margining program enhances the safety clearing organization by comparing the program: Any netting member of GSCC participant’s positions and the related 11 Non-mortgage backed agency securities will be other than an inter-dealer broker will be added at a later date. GCF Repo products will not margin requirements at GSCC as against eligible to participate.10 Any clearing be included in the arrangement. GSCC will notify those at each Participating CO. GSCC member of BOTCC will be eligible to the Commission when additional securities and offsets each cross-margining participate. futures are added to the cross-margining program. participant’s residual margin amount at 12 The GSCC–BOTCC cross-margining GSCC against the offsetting residual 2. Products subject to cross- arrangement will be applicable on the futures side margin amounts of the participant (or its margining: The products that will be only to positions in a proprietary account of a cross- eligible for the GSCC–BOTCC cross- margining participant at BOTCC. The arrangement affiliate) at each Participating CO.8 If, will not apply to positions in a customer account within a given pair of offset classes, the margining arrangement are the Treasury at BOTCC that would be subject to segregation margin that GSCC has available for a securities with certain remaining requirements under the Commodity Exchange Act. participant is greater than the combined maturities that fall into GSCC’s Offset This is also the case with respect to the Classes C, E, F, and G as defined in arrangements with NYCC and the CME. margin submitted by the Participating 13 The disallowance factor is the haircut reflective COs, GSCC will allocate a portion of its GSCC’s Rules that are cleared by GSCC of the correlation analysis done by GSCC for each margin equal to the combined margin at and the 2-Year Note, 5-Year Note, 10- offset class. the Participating COs. If, within a given Year Note, and U.S. Treasury Bond 14 The minimum margin factor is the pair of offset classes, the combined futures contracts and options on these contractually agreed upon cap on the amount of the futures contracts that are cleared by margin reduction that the clearing organizations margin submitted by the Participating will allow. (In some of the documents submitted by COs is greater than the margin that GSCC, the minimum margin factor is referred to as GSCC has available for that participant, 9 GSCC and each Participating CO unilaterally the minimum disallowance factor.) Initially, the GSCC will first allocate its margin to the have the right not to reduce a participant’s margin GSCC–BOTCC cross-margining program will requirement by the cross-margin reduction or to employ a 50% minimum margin factor. Should Participating CO with the most highly reduce it by less than the cross-margin reduction. GSCC decide to change the minimum factor, it will correlated position. If, within a given However, the clearing organizations may not reduce submit a proposed rule filing under Section 19(b) a participant’s margin requirement by more than the of the Act. 8 The residual margin amount is the long margin cross-margin reduction. 15 GSCC will review the cross-margining amount or the short margin amount in each offset 10 Because inter-dealer brokers should not and parameters on a yearly basis unless market events class that is available for cross-margining after all generally do not have positions at GSCC at the end dictate the need for more frequent reviews. Letter internal offsets are conducted within and between of the day, they should have no margin requirement from Jeffrey F. Ingber, Managing Director, General offset classes at a particular clearing organization. to be reduced. Counsel, and Secretary, GSCC (November 6, 2001).
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and soundness of the settlement process options thereon, and commodity For the Commission by the Division of for the Government securities options.17 Section 17A(b)(3)(F) of the Market Regulation, pursuant to delegated marketplace by: (1) Providing clearing Act requires that the rules of a clearing authority.20 organizations with more information agency be designed to assure the Margaret H. McFarland, concerning members’ intermarket safeguarding of securities and funds Deputy Secretary. positions (which is especially valuable which are in the custody or control of [FR Doc. 02–2371 Filed 1–30–02; 8:45 am] during stressed market conditions) to the clearing agency for which it is BILLING CODE 8010–01–P enable them to make more accurate responsible.18 The Commission finds decisions regarding the true risk of such that the approval of GSCC’s proposed positions to the clearing organizations; rule change is consistent with these DEPARTMENT OF STATE (2) allowing for enhanced sharing of Sections. collateral resources; and (3) encouraging [Public Notice 3901] First, the Commission’s approval of coordinated liquidation processes for a Bureau of Educational and Cultural joint participant, or a participant and its GSCC’s proposed rule change to Affairs Request for Grant Proposals: affiliate, in the event of an insolvency. establish a cross-margining arrangement International Sports Programming GSCC further believes that cross- with BOTCC and to extend its hub and Initiative margining benefits participating clearing spoke approach to cross-margining to include BOTCC along with CME and members by providing members with SUMMARY: The Office of Citizen NYCC is in line with the Congressional the opportunity to more efficiently use Exchanges of the Bureau of Educational directive to the Commission to facilitate their collateral. More important from a and Cultural Affairs announces an open linked and coordinated facilities for the regulatory perspective, however, is that competition for International Sports clearance and settlement of securities cross-margining programs have long Programming Initiative. Public and and futures.19 Second, approval of been recognized as enhancing the safety private non-profit organizations meeting GSCC’s proposal should result in and soundness of the clearing system the provisions described in Internal increased and better information sharing itself. Studies of the October 1987 Revenue Code 26 U.S.C. 501(c)(3) may market break gave support to the between GSCC and Participating COs submit proposals to discuss approaches concept of cross-margining. For regarding the portfolios and financial designed to enhance and improve the example, The Report of the President’s conditions of participating joint and infrastructure of youth sports programs Task Force on Market Mechanisms affiliated members. As a result, GSCC in selected countries in Africa, South (January 1988) noted that the absence of and participating COs will be in a better Asia, Central Asia, South East Asia and a cross-margining system for futures and position to monitor and assess the the Near East. securities options markets contributed potential risks of participating joint or to payment strains in October 1987. The affiliated members and will be in a Program Information: Interim Report of the President’s better position to handle the potential Overview Working Group on Financial Markets losses presented by the insolvency of (May 1988) also recommended that the any joint or affiliated member. The Office of Citizen Exchanges SEC and the Commodity Futures Therefore, GSCC’s proposal should help welcomes proposals that directly Trading Commission facilitate cross- GSCC better safeguard the securities and respond to the following thematic areas. margining programs among clearing funds in its possession or control or for Given budgetary limitations, projects for organizations. This resulted in the first which it is responsible. While cross- other themes will not be eligible for cross-margining arrangement between margining should provide benefits and consideration under the FY–2002 Sports clearing organizations which was efficiencies to common participants in Program Initiative. approved in 1988.16 GSCC and BOTCC, GSCC has Training Sports Coaches III. Discussion determined to adopt a conservative approach in introducing its cross- The World Summit on Physical Section 19(b) of the Act directs the margining program with BOTCC. We Education (Berlin, 1999) stated that a Commission to approve a proposed rule believe that that is a prudent approach ‘‘quality physical education helps change of a self-regulatory organization consistent with maintaining the safety children to develop the patterns of if it finds that such proposed rule and soundness of the national system interest in physical activity, which are change is consistent with the for prompt and accurate clearance and essential for healthy development and requirements of the Act and the rules settlement of transactions in securities. which lay the foundation for healthy, and regulations thereunder applicable to adult lifestyles.’’ Coaches are critical to such organization. In section IV. Conclusion the accomplishment of this goal. A 17A(a)(2)(A)(ii) of the Act, Congress coach not only needs to be qualified to directs the Commission having due On the basis of the foregoing, the provide the technical assistance regard for, among other things, the Commission finds that the proposed required by young athletes to improve, public interest, the protection of rule change is consistent with the but must also understand how to aid a investors, the safeguarding of securities requirements of the Act and in young person to discover how success and funds, to use its authority under the particular section 17A of the Act and in athletics can be translated into Act to facilitate the establishment of the rules and regulations thereunder. achievement in the development of life linked or coordinated facilities for It Is Therefore Ordered, pursuant to skills and in the classroom. Projects clearance and settlement of transactions section 19(b)(2) of the Act, that the submitted in response to this theme in securities, securities options, proposed rule change (File No. SR– would be aimed at aiding youth, contracts of sale for future delivery and GSCC–2001–03) be and hereby is secondary school and university approved. coaches in the target countries in the 16 Securities Exchange Act Release No. 26153 development and implementation of (October 3, 1988), 53 FR 39567 (October 7, 1988) 17 [File No. SR–OCC–86–17] (order approving cross- 15 U.S.C. 78q–1(a)(2)(A)(ii). appropriate training methodologies, margining program between OCC and The 18 15 U.S.C. 78q-1(b)(3)(F). Intermarket Clearing Corporation). 19 15 U.S.C. 78q-1(a)(2)(A)(ii). 20 17 CFR 200.30–3(a)(12).
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through seminars and outreach. The Guidelines participate in the program as well as the goal is to ensure the optimal technical The Office seeks proposals that process by which participants will be proficiency among the coaches provide professional experience and selected. It is recommended that participating in the program while also exposure to American life and culture programs in support of U.S. internships emphasizing the role sports can play in through internships, workshops and include letters tentatively committing the long-term economic well being of other learning-sharing experiences host institutions to support the youth. hosted by local institutions. The internships. In the selection of foreign participants, the Bureau and U.S. Youth Sports Management Exchange experiences also will provide Americans the opportunity to learn Embassies abroad retain the right to Exchanges funded under this theme about culture and the social and review all participant nominations and would help American and foreign youth economic challenges young athletes face to accept or deny participants sport coaches, adult sponsors, and today. Travel under these grants should recommended by grantee institutions. sports associations officials share their provide for a two-way exchange. However, grantee institutions should experience in managing and organizing Projects should not simply focus on describe in detail the recruitment and youth sports activities, particularly in athletic training; they should be selection process they recommend. The financially challenging circumstances, designed to provide practical, hands-on grantee institution will also provide the and would contribute to better experience in U.S. public/private sector names of American participants and understanding of role of sports as an settings that may be adapted to an brief (two pages) biographical data on significant factor in educational success. individual’s institution upon return each American participant to the Office Americans are in a good position to home. Proposals may combine elements of Citizen Exchanges for information convey to the foreign counterparts the of professional enrichment, job purposes. Priority will be given to importance of linking success in sports shadowing and internships appropriate foreign participants who have not to educational achievement and how to the language ability and interests of previously traveled to the United States. these two factors can contribute to the participants. Budget Guidelines short-term and long-term economic Applicants must identify the local prospects. The Bureau has an overall budget of organizations and/or individuals in the $400,000 for this competition. Grants Youth With Disability counterpart country with whom they are awarded to eligible organizations with proposing to collaborate and describe in Exchanges supported by this theme less than four years of experience in detail previous cooperative conducting international exchange are designed to promote and sponsor programming and/or contacts. Specific sports, recreation, fitness and leisure programs will be limited to $60,000. information about the counterpart The Bureau has set a ceiling of $135,000 events for children and adults with organizations’ activities and physical disabilities. Project goals for proposals funded under this accomplishments should be included in competition. The Bureau encourages include improving the quality of life for the section on Institutional Capacity. people with disabilities by providing applicants to provide maximum levels Exchanges and training programs of cost sharing and funding from private affordable inclusive sports and supported by the institutional grants recreational experiences that build self- sources in support of its programs. from the Bureau should operate at two Applicants must submit a esteem and confidence, enhancing levels: they should enhance comprehensive budget for the entire active participation in community life institutional partnerships, and they program. Grant awards may not exceed and making a significant contribution to should offer practical information to $135,000. There must be a summary the physical and psychological health of individuals and groups to assist them budget as well as breakdowns reflecting people with disabilities. Physically and with their professional responsibilities. both administrative and program developmentally challenged individuals Strong proposals usually have the budgets. Applicants may provide will be fully included in the sports and following characteristics: A strong separate sub-budgets for each program recreation opportunities in our existing partnership between a U.S. component, phase, location, or activity communities. organization and an in-country to provide clarification. Sports and Health institution or the potential to develop Allowable costs for the program such a linkage; a proven track record of include the following: Projects funded under this category working in the proposed field; cost- (1) All Participant Expenses (foreign will focus on effective and practical sharing from U.S. and/or in-country and American). ways to use sport personalities and sources; experienced staff with language (2) Other Program Expenses as needed sports health professionals to increase facility; a clear, convincing plan and justified. awareness among young people of the showing how permanent results will be (3) Administrative Expenses importance of following a healthy life accomplished as a result of the activity including indirect costs. style to reduce illness, prevent injuries funded by the grant; and a follow-on Please refer to the Solicitation and speed the rehabilitation and plan beyond the scope of the Bureau Package for complete budget guidelines recovery. Emphasis will be on the grant. The Bureau would like to see and formatting instructions. responsibility of the broader community tangible forms of time and money Announcement Title and Number to support healthy behavior. The project contributed to the project by the goals are to promote and integrate prospective grantee institution, as well All correspondence with the Bureau scientific research, education, and as funding from third party sources. concerning this RFGP should reference practical applications of sports Programs must comply with J–1 visa the above title ‘‘Sports Programming medicine and exercise science to regulations. Please refer to Solicitation Initiative’’ and reference number ECA/ maintain and enhance physical Package for further information. PE/C–02–55. performance, fitness, health, and quality FOR FURTHER INFORMATION CONTACT: of life. (Actual medical training and Selection of Participants Please contact the Office of Citizen dispensing of medications are outside All grant proposals should clearly Exchanges, Room 224, U.S. Department the purview of this theme.) describe the type of persons who will of State, 301 4th Street, SW.,
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Washington, DC 20547, telephone and cultural life. ‘‘Diversity’’ should be and logistical capacity. Agenda and plan number 202/619–5326, fax number 202/ interpreted in the broadest sense and should adhere to the program overview 260–0440, or [email protected] to encompass differences including, but and guidelines described above. request a Solicitation Package. The not limited to ethnicity, race, gender, 3. Ability to achieve program Solicitation Package contains detailed religion, geographic location, socio- objectives: Objectives should be award criteria, required application economic status, and physical reasonable, feasible, and flexible. forms, specific budget instructions, and challenges. Applicants are strongly Proposals should clearly demonstrate standard guidelines for proposal encouraged to adhere to the how the institution will meet the preparation. Please specify Bureau advancement of this principle both in program’s objectives and plan. Program Raymond H. Harvey on all program administration and in program 4. Multiplier effect/impact: Proposed other inquiries and correspondence. content. Please refer to the review programs should strengthen long-term Please read the complete Federal criteria under the ‘‘Support for mutual understanding, including Register announcement before sending Diversity’’ section for specific maximum sharing of information and inquiries or submitting proposals. Once suggestions on incorporating diversity establishment of long-term institutional the RFGP deadline has passed, Bureau into the total proposal. Public Law 104– and individual linkages. staff may not discuss this competition 319 provides that ‘‘in carrying out 5. Support of Diversity: Proposals with applicants until the proposal programs of educational and cultural should demonstrate substantive support review process has been completed. exchange in countries whose people do of the Bureau’s policy on diversity. not fully enjoy freedom and Achievable and relevant features should To Download a Solicitation Package democracy,’’ the Bureau ‘‘shall take Via Internet be cited in both program administration appropriate steps to provide (selection of participants, program The entire Solicitation Package may opportunities for participation in such venue and program evaluation) and be downloaded from the Bureau’s Web programs to human rights and program content (orientation and wrap- site at http://exchanges.state.gov/ democracy leaders of such countries.’’ up sessions, program meetings, resource education/RFGPs. Please read all Public Law 106–113 requires that the materials and follow-up activities). information before downloading. governments of the countries described 6. Institutional Capacity: Proposed above do not have inappropriate Deadline for Proposals personnel and institutional resources influence in the selection process. should be adequate and appropriate to All proposal copies must be received Proposals should reflect advancement of at the Bureau of Educational and achieve the program or project’s goals. these goals in their program contents, to 7. Institution’s Record/Ability: Cultural Affairs by 5 p.m. Washington, the full extent deemed feasible. DC time on Friday, April 19, 2002. Proposals should demonstrate an Faxed documents will not be accepted Review Process institutional record of successful at any time. Documents postmarked the The Bureau will acknowledge receipt exchange programs, including due date but received on a later date of all proposals and will review them responsible fiscal management and full will not be accepted. Each applicant for technical eligibility. Proposals will compliance with all reporting must ensure that the proposals are be deemed ineligible if they do not fully requirements for past Bureau grants as received by the above deadline. adhere to the guidelines stated herein determined by Bureau Grant Staff. The Applicants must follow all and in the Solicitation Package. The Bureau will consider the past instructions in the Solicitation Package. Program Office and the Public performance of prior recipients and the The original and ten copies of the Diplomacy section overseas will review demonstrated potential of new application should be sent to: U.S. all eligible proposals. Eligible proposals applicants. Department of State, SA–44, Bureau of will be subject to compliance with 8. Follow-on Activities: Proposals Educational and Cultural Affairs, Ref.: Federal and Bureau regulations and should provide a plan for continued ECA/PE/C–02–55, Program guidelines and forwarded to Bureau follow-on activity (without Bureau Management, ECA/EX/PM, Room 534, grant panels for advisory review. support) ensuring that Bureau 301 4th Street, SW, Washington, DC Proposals may also be reviewed by the supported programs are not isolated 20547. Office of the Legal Adviser or by other events. Applicants must also submit the Department elements. Final funding 9. Project Evaluation: Proposals ‘‘Executive Summary’’ and ‘‘Proposal decisions are at the discretion of the should include a plan to evaluate the Narrative’’ sections of the proposal on a Department of State’s Assistant activity’s success, both as the activities 3.5’’ diskette, formatted for DOS. These Secretary for Educational and Cultural unfold and at the end of the program. A documents must be provided in ASCII Affairs. Final technical authority for draft survey questionnaire or other text (DOS) format with a maximum line assistance awards resides with the technique plus description of a length of 65 characters. The Bureau will Bureau’s Grants Officer. methodology to be used to link transmit these files electronically to the outcomes to original project objectives Public Affairs section at the US Embassy Review Criteria is recommended. Intermediate reports for its review, with the goal of reducing Technically eligible applications will after each project phase or quarterly the time it takes to get embassy be competitively reviewed according to reports are required. comments for the Bureau’s grants the criteria stated below. These criteria 10. Cost-effectiveness/Cost-sharing: review process. are not rank ordered and all carry equal The overhead and administrative weight in the proposal evaluation: components of the proposal, including Diversity, Freedom and Democracy 1. Quality of the program idea: salaries and honoraria, should be kept Guidelines Proposals should exhibit originality, as low as possible. All other items Pursuant to the Bureau’s authorizing substance, precision, and relevance to should be necessary and appropriate. legislation, programs must maintain a the Bureau’s mission. Proposals should maximize cost sharing non-political character and should be 2. Program planning: Detailed agenda through other private sector support as balanced and representative of the and relevant work plan should well as institutional direct funding diversity of American political, social, demonstrate substantive undertakings contributions.
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11. Value to U.S.-Partner Country Notice is hereby given that the DEPARTMENT OF TRANSPORTATION Relations: Proposed projects should Department of State has received an receive positive assessments by the U.S. application from Reef International, Office of the Secretary Department of State’s geographic area L.L.C. (Reef) for a Presidential permit, Aviation Proceedings, Agreements desk and overseas officers of program pursuant to Executive Order 11423 of Filed During the Week Ending January need, potential impact, and significance August 16, 1968, as amended by 18, 2002 in the partner country(ies). Executive Order 12847 of May 17, 1993, Authority: Overall grant making authority authorizing the construction, The following Agreements were filed for this program is contained in the Mutual connection, operation, and maintenance with the Department of Transportation Educational and Cultural Exchange Act of at the U.S.-Mexican border at Eagle under provisions of 49 U.S.C. Sections 1961, Pub. L. 87–256, as amended, also Pass, Texas of a liquid pipeline carrying 412 and 414. Answers may be filed known as the Fulbright-Hays Act. The within 21 days after the filing of the purpose of the Act is ‘‘to enable the liquefied petroleum gas, including Government of the United States to increase propane and butane, and related application. mutual understanding between the people of facilities. Docket Number: OST–2002–11336. Date Filed: January 16, 2002. the United States and the people of other Reef is a limited liability corporation countries * * * to strengthen the ties which Parties: Members of the International unite us with other nations by demonstrating organized and existing under the laws of Air Transport Association. the educational and cultural interests, the State of Texas and with its principal Subject: PTC COMP 0891 dated 18 developments, and achievements of the office located in Corpus Christi, Texas. January 2002, Mail Vote 192— people of the United States and other nations The proposed new 6-inch diameter Resolution 024d, Amend rounding units * * * and thus to assist in the development pipeline would originate at a proposed for the Romanian Leu, Intended of friendly, sympathetic and peaceful new transfer and blending station in effective date: 1 February 2002. relations between the United States and the Eagle Pass, Texas and cover other countries of the world.’’ The funding Docket Number: OST–2002–11357. authority for the program above is provided approximately 5 miles, crossing under Date Filed: January 17, 2002. through legislation. the Rio Grande River and terminating at Parties: Members of the International a proposed new storage and unloading Air Transport Association. Notice station in Coahuila, Mexico Subject: PTC123 0172 dated 18 The terms and conditions published approximately 1,000 feet from the January 2002, Mail Vote 193— in this RFGP are binding and may not International Boundary. It is anticipated Resolution 010v, Special Amending be modified by any Bureau that initial deliveries of the propane/ Resolution—Korea (Rep. of), Intended representative. Explanatory information butane mixture will be approximately effective date: 1 February 2002. provided by the Bureau that contradicts 500,000 GPD, increasing to Dorothy Y. Beard, published language will not be binding. approximately 2,000,000 GPD in two Federal Register Liaison. Issuance of the RFGP does not years. constitute an award commitment on the [FR Doc. 02–2355 Filed 1–30–02; 8:45 am] As required by E.O. 11423, the part of the Government. The Bureau BILLING CODE 4910–62–P reserves the right to reduce, revise, or Department of State is circulating this increase proposal budgets in accordance application to concerned agencies for with the needs of the program and the comment. DEPARTMENT OF TRANSPORTATION availability of funds. Awards made will DATES: Interested parties are invited to Office of the Secretary be subject to periodic reporting and submit, in duplicate, comments relative evaluation requirements. to this proposal on or before March 4, Notice of Applications for Certificates Notification 2002, to James Dudley, Office of of Public Convenience and Necessity International Energy and Commodities and Foreign Air Carrier Permits Filed Final awards cannot be made until Under Subpart B (formerly Subpart Q) funds have been appropriated by Policy, Department of State, Washington, DC 20520. The application During the Week Ending January 18, Congress, allocated and committed 2002 through internal Bureau procedures. and related documents that are part of the record to be considered by the Dated: January 25, 2002. The following Applications for Department of State in connection with Patricia S. Harrison, Certificates of Public Convenience and this application are available for Necessity and Foreign Air Carrier Assistant Secretary for Educational and inspection in the Office of International Cultural Affairs, U.S. Department of State. Permits were filed under Subpart B Energy and Commodities Policy during (formerly Subpart Q) of the Department [FR Doc. 02–2420 Filed 1–23–02; 8:45 am] normal business hours. of Transportation’s Procedural BILLING CODE 4710–05–P Regulations (See 14 CFR 301.201 et FOR FURTHER INFORMATION CONTACT: seq.). The due date for Answers, James Dudley, Office of International DEPARTMENT OF STATE Conforming Applications, or Motions to Energy and Commodities Policy, Modify Scope are set forth below for Department of State, Washington, DC each application. Following the Answer [Public Notice 3900] 20520; or by telephone at (202) 647– period, DOT may process the 2857; or by fax at (202) 647–4037. Office of International Energy and application by expedited procedures. Commodities Policy; Notice of Receipt Dated: January 25, 2002. Such procedures may consist of the of Application for a Presidential Permit Stephen J. Gallogly, adoption of a show-cause order, a tentative order, or in appropriate cases for Pipeline Facilities To Be Director, Office of International Energy and Constructed and Maintained on the Commodities Policy. a final order without further Border of the United States proceedings. [FR Doc. 02–2419 Filed 1–30–02; 8:45 am] Docket Number: OST–2002–11335. AGENCY: Department of State. BILLING CODE 4710–07–P Date Filed: January 15, 2002.
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Due Date for Answers, Conforming Airplane Directorate, Aircraft (iii) The height references in § 25.111 Applications, or Motion to Modify Certification Service, 1601 Lind Ave. should be interpreted as geometrical Scope: February 5, 2002. SW., Renton, WA 98055–4056. heights. Description: Application of Piedmont Comments may be examined at the 2. Revise paragraph 12e(2) to read as Aviation Services, Inc., d/b/a Pace above address between 7:30 a.m. and 4 follows: Airlines (PASI), requesting the p.m. weekdays, except Federal holidays. (2) Procedures. The time between Department to disclaim jurisdiction and liftoff and the initiation of gear FOR FURTHER INFORMATION CONTACT: reissue its certificates in the name of retraction during takeoff distance Susan Boylon, Program Management Pace Airlines, Inc. (PACE). In the demonstrations should not be less than Branch, ANM–114, at the above address, alternative, PASI requests that the that necessary to establish an indicated telephone (425) 227–1152, or facsimile Department approve the transfer of positive rate of climb plus one second. (425) 227–1320. PASI’s certificates of public For the purposes of flight manual convenience and necessity and other SUPPLEMENTARY INFORMATION: expansion, the average demonstrated operating authority to PACE with an Comments Invited time delay between liftoff and initiation effective date of no later than January of gear retraction may be assumed; 25, 2002. Interested persons are invited to however, this value should not be less Dorothy Y. Beard, comment on the proposed revisions to than 3 seconds. the AC by submitting such written data, 3. Revise paragraph 22a(2) to read as Federal Register Liaison. views, or arguments, as they may desire. follows: [FR Doc. 02–2354 Filed 1–30–02; 8:45 am] Commenters must identify the title of (2) Sections 25.147(c) and (e) require BILLING CODE 4910–62–P the AC and submit comments in an airplane to be easily controllable duplicate to the address specified above. with the critical engine(s) inoperative. Section 25.147(d) further requires that DEPARTMENT OF TRANSPORTATION All comments received on or before the closing date for comments will be lateral control be sufficient to provide a Federal Aviation Administration considered by the Transport Airplane roll rate necessary for safety, without Directorate before issuing the revised excessive control forces or travel, at the Proposed Revisions to Advisory AC. speeds likely to be used with one engine Circular—Flight Test Guide for inoperative. Compliance can normally Discussion Certification of Transport Category be demonstrated in the takeoff Airplanes In a separate document published in configuration at V2 speed, because this the Federal Register on January 14, condition is usually the most critical. AGENCY: Federal Aviation Normal operation of a yaw stability Administration, DOT. 2002 (67 FR 1846), the FAA proposes to amend the airworthiness standards for augmentation system (SAS) should be ACTION: Notice of proposed advisory transport category airplanes concerning considered in accordance with normal circular revision and request for miscellaneous flight requirements. We operating procedures. Roll response, comments. initiated the proposal under the ‘‘Fast § 25.147(e), should be satisfactory for SUMMARY: This notice requests Track Harmonization Program’’ takeoff, approach, landing, and high comments regarding proposed revisions November 26, 1999 (64 FR 66522). speed configurations. Any permissible to Advisory Circular (AC) 25–7A, Adopting that proposal would eliminate configuration that could affect roll ‘‘Flight Test Guide for Certification of regulatory differences between the response should be evaluated. Transport Category Airplanes.’’ This AC airworthiness standards of the U.S. and 4. Revise paragraph 22b as follows: provides guidance on acceptable means, the Joint Aviation Requirements of b. Procedures. The following test but not the only means, of Europe, without affecting current procedures outline an acceptable means demonstrating compliance with certain industry design practices. for demonstrating compliance with airworthiness standards for transport In addition to the amendments § 25.147. 5. Revise paragraph 22b(4) to read as category airplanes. The proposed proposed in Notice 02–01, the FAA also follows: revisions to the AC complement proposes to revise Advisory Circular (4) Lateral Control—Roll Capability, proposed revisions to the airworthiness (AC) 25–7A, ‘‘Flight Test Guide for § 25.147(d). standards for transport category Certification of Transport Category airplanes, published by separate (i) Configuration: Airplanes,’’ to provide additional (A) Maximum takeoff weight. document in the Federal Register on guidance concerning takeoff path, (B) Most aft c.g. position. January 14, 2002 (67 FR 1846). This lateral control, trim (longitudinal), trim (C) Wing flaps in the most critical notice provides interested persons an (airplanes with four or more engines), takeoff position. opportunity to comment on the and demonstration of static longitudinal (D) Landing gear retracted. proposed revisions to the AC stability. This proposed revision to AC (E) Yaw SAS on, and off, if applicable. concurrently with the proposed 25–7A should not be confused with (F) Operating engine(s) at maximum rulemaking. Like all ACs, it is not other proposed revisions of AC 25–7A takeoff power. mandatory, but is to provide guidance on which the FAA is currently seeking (G) The inoperative engine that would for applicants in demonstrating comments. This revision only addresses be most critical for controllability, with compliance with the objective safety guidance material associated with these the propeller feathered, if applicable. standards set forth in the related rule. specific airworthiness requirements. (ii) Test Procedure: With the airplane DATES: Comments must be received by Issuance of a revised AC based on this in trim, or as nearly as possible in trim, April 1, 2002. proposal is contingent on adoption of for straight flight at V2, establish a ADDRESSES: Send all comments on the the revisions to part 25 in Notice 02–01. steady 30 degree banked turn. It should proposed AC revisions to the Federal Proposed Revisions to AC 25–7A be demonstrated that the airplane can be Aviation Administration, Attention: rolled to a 30 degree bank angle in the Don Stimson, Airplane and Flight Crew 1. Add a new paragraph, 12a(1)(iii) to other direction in not more than 11 Interface Branch, ANM–111, Transport read as follows: seconds. In this demonstration, the
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rudder may be used to the extent of the agency’s estimate of the burden, FAA that the proposed activity meets necessary to minimize sideslip. The the quality, utility, and clarity of the applicable public safety, national demonstration should be made in the information to be collected, and security, and foreign policy interests of most adverse direction. The maneuver possible ways to minimize the burden of the United States. A launch site is valid may be unchecked. Care should be the collection in preparation for for a period of five years. Respondents taken to prevent excessive sideslip and submission to renew the clearances of are licensees authorized to operate sites. bank angle during the recovery. the following information collections. The current estimated annual reporting 6. Revise paragraph 22b(4) by 1. 2120–0003, Malfunction or Defect burden is 1592 hours. Report. Collection of this information renumbering it as paragraph 22b(5) as Issued in Washington, DC, on January 24, follows: permits the FAA to evaluate its 2002. certification standards, maintenance (5) Lateral Control—Four or More Steve Hopkins, Engines, § 25.147(e). programs, and regulatory requirements since their effectiveness is reflected in Manager, Standards and Information 7. Revise paragraph 22b(5) by Division, APF–100. renumbering it as paragraph 22b(6) as the number of equipment failures or the [FR Doc. 02–2282 Filed 1–30–02; 8:45 am] follows: lack thereof. It is also the basis for (6) Lateral Control—All Engines issuance of Airworthiness Directives BILLING CODE 4910–13–M Operating, § 25.147(f). designed to prevent unsafe conditions or accidents. The affected public Issued in Renton, Washington, on DEPARTMENT OF TRANSPORTATION December 19, 2001. includes aircraft and repair station operators. The current estimated annual Federal Aviation Administration Ali Bahrami, reporting burden is 6,935 hours. Acting Manager, Transport Airplane 2. 2120–0027, Application for Directorate, Aircraft Certification Service. Third Party War Risk Liability Certificate of Waiver or Authorization. Insurance [FR Doc. 02–1003 Filed 1–30–02; 8:45 am] Part A of Subtitle VII of the Revised BILLING CODE 4910–13–P Title 49 United States Code authorizes AGENCY: Federal Aviation the issuance of regulations governing Administration, DOT. the use of navigable airspace. 14 CFR ACTION: Notice of extension. DEPARTMENT OF TRANSPORTATION 91, 101, and 105 prescribe regulations governing the general operation and SUMMARY: This notice contains the text Federal Aviation Administration flight of aircraft, moored balloons, kites, of a memo from the Secretary of unmanned rockets, unmanned free Transportation to the President Notice of Intent To Request Renewal regarding the extension of the provision From the Office of Management and balloons, and parachute jumping. Applicants are individual airmen, state of aviation insurance coverage for U.S. Budget (OMB) of Five Current Public flag commercial air carrier service in Collections of Information and local governments, and businesses who have a need to deviate from the domestic and international operations. AGENCY: Federal Aviation provisions of these regulations. The DATES: Dates of extension from January Administration (FAA), DOT. current estimated annual reporting 20, 2002 through March 20, 2002. ACTION: Notice. burden is 12,202 hours. FOR FURTHER INFORMATION CONTACT: 3. 2120–0507, Special Federal Helen Kish, Program Analyst, APO–3, or SUMMARY: In compliance with the Aviation Regulation (SFAR) 36, Eric Nelson, Program Analyst, APO–3, Paperwork Reduction Act (44 U.S.C. Development of Major Repair Data. Federal Aviation Administration, 800 3501 et seq.), the FAA invites public SFAR 36 (to part 121) relieves Independence Ave., SW., Washington, comment on five currently approved qualifying applicants (Aircraft DC 20591, telephone 202–267–9943 or public information collections which Maintenance, Commercial Aviation, 202–267–3090. Or online at FAA will be submitted to OMB for renewal. Aircraft Repair Stations, Air Carriers, Insurance Website: http:// DATES: Comments must be received on Air Taxi, and Commercial Operators) of api.hq.faa.gov/911policies/ or before April 1, 2002. the burden to obtain FAA approval of inscover.html. data developed by them for major ADDRESSES: Comments may be mailed SUPPLEMENTARY INFORMATION: On or delivered to the FAA at the following repairs on a case-by-case basis, and January 4, 2002, the Secretary of address: Ms. Judy Street, Room 613, provides for one-time approvals. The Transportation authorized a 60-day Federal Aviation Administration, current estimated annual reporting extension of aviation insurance Standards and Information Division, burden is 530 hours. provided by the Federal Aviation 4. 2120–0574, Aviation Safety APF–100, 800 Independence Ave., SW., Administration as follows: Counselor of the Year Competition. The Washington, DC 20591. form is used to select nominees for Memorandum to the President FOR FURTHER INFORMATION CONTACT: Ms. recognition of their volunteer services to ‘‘Pursuant to the authority delegated to me Judy Street at the above address or on the FAA. The agency will use the in paragraph (3) of Presidential (202) 267–9895. information on the form to select nine Determination No. 01–29 of September 23, SUPPLEMENTARY INFORMATION: In regional winners and one national 2001, I have extended that determination to accordance with the Paperwork winner among private citizens involved allow for the provision of aviation insurance Reduction Act of 1995, an agency may in aviation. The current estimated and reinsurance coverage for U.S. Flag not conduct or sponsor, and a person is commercial air service in domestic and annual reporting burden is 180 hours. international operations for an additional 60 not required to respond to a collection 5. 2120–0644, License Requirements days. of information unless it displays a for Operation of a Launch Site. The Pursuant to section 44306(c) of chapter 443 currently valid OMB control number. information to be collected includes of 49 U.S.C.—Aviation Insurance, the period Therefore, the FAA solicits comments data required for performing launch site for provision of insurance shall be extended on the following current collections of location analyses. This data is necessary from January 20, 2002, through March 20, information in order to evaluate the in order to demonstrate to the Associate 2002.’’ necessity of the collection, the accuracy Administrator for Space Transportation/ /s/Norman Y. Mineta
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Affected Public: Air Carriers who may present a written statement to the SUPPLEMENTARY INFORMATION: The FAA currently have Third Party War-Risk committee at any time. proposes to rule and invites public Liability Insurance with the Federal Issued in Washington, DC, on January 23, comment on the application to impose Administration. 2002. and use the revenue from a PFC at Issued in Washington, DC, on January 24, Janice L. Peters, Akron-Canton Regional Airport under the provisions of the 49 U.S.C. 40117 2002. FAA Special Assistant, RTCA Advisory Nan Shellabarger, Committee. and Parts 158 of the Federal Aviation Regulations (14 CFR Part 158). Deputy Director, Office of Aviation Policy and [FR Doc. 02–2409 Filed 1–30–02; 8:45 am] Plans. BILLING CODE 4910–13–M On December 21, 2001, the FAA [FR Doc. 02–2279 Filed 1–30–02; 8:45 am] determined that the application to BILLING CODE 4910–13–M impose and use the revenue from a PFC DEPARTMENT OF TRANSPORTATION submitted by Akron-Canton Regional Airport Authority was substantially DEPARTMENT OF TRANSPORTATION Federal Aviation Administration complete within the requirements of section 158.25 of Part 158. The FAA Federal Aviation Administration Notice of Intent To Rule on Application will approve or disapprove the 02–05–C–00–CAK To Impose and Use application, in whole or in part, not RTCA Special Committee 187: Mode the Revenue From a Passenger Facility later than April 9, 2002. Select Beacon and Data Link System Charge (PFC) at Akron-Canton Regional Airport, North Canton, Ohio The following is a brief overview of AGENCY: Federal Aviation the application. Administration (FAA), DOT. AGENCY: Federal Aviation Proposed charge effective date: ACTION: Notice of RTCA Special Administration (FAA), DOT. September 1, 2002. Committee 187 meeting. ACTION: Notice of intent to rule on Proposed charge expiration date: application. SUMMARY: The FAA is issuing this notice November 1, 2007. to advise the public of a meeting of SUMMARY: The FAA proposes to rule and Level of the proposed PFC: $4.50. RTCA Special Committee 187: Mode invites public comment on the Total estimated PFC revenue: Select Beacon and Data Link System. application to impose and use the $8,277,000. DATES: The meeting will be held revenue from a PFC at Akron-Canton Brief description of proposed projects: February 19–20, 2002, from 9 a.m. to 5 Regional Airport under the provisions of Impose and Use: Property Acquisition— p.m. the 49 U.S.C. 40117 and Part 158 of the Nickison, Lockhart, Tucker, Peters, ADDRESSES: The meeting will be held at Federal Aviation Regulations (14 CFR Snow Removal Equipment, Passenger RTCA, 1828 L Street, NW., Suite 805, Part 158). Loading Bridge, Engine Generator-Back- Washington, DC 20036. DATES: Comments must be received on up Power, Runway 5⁄23 Overlay, FOR FURTHER INFORMATION CONTACT: or before March 4, 2002. Entrance Road Rehabilitation, Terminal RTCA Secretariat, 1828 L Street, NW., ADDRESSES: Comments on this Baggage Claim Expansion, Terminal Washington, DC 20036; telephone (202) application may be mailed or delivered Expansion/Rehabilitation, Shift/ 833–9339; fax (202) 833–9434; Web site in triplicate to the FAA at the following Extension Runway 1⁄19 Phase II, Airport http://www.rtca.org. address: Access Improvement—Shuffel Road Interchange. SUPPLEMENTARY INFORMATION: Pursuant Federal Aviation Administration, to section 10(a)(2) of the Federal Detroit Airports District Office, Use Only: Relocate Mount Pleasant Advisory Committee Act (Pub. L. 92– Willow Run Airport, East, 8820 Beck and Frank Roads, Runway 1 Extension, 463, 5 U.S.C., Appendix 2), notice is Road, Belleville, Michigan 48111. The Runway 19 Runway Safety Area hereby given for a Special Committee application may be reviewed in Improvements. Class or classes of air 187 meeting. The agenda will include: person at this location. carriers which the public agency has • February 19–20: requested to be required to collect PFCs: • Opening Session (Chairman’s In addition, one copy of any air taxi/commercial operators. comments submitted to the FAA must Introductory Remarks, Review and Any person may inspect the Approve Agenda, Approve Previous be mailed or delivered to Mr. Richard B. McQueen, Akron-Canton Regional application in person at the FAA office Meeting Minutes). listed above under FOR FURTHER • Airport at the following address: Akron- Review Revision C—Proposed INFORMATION CONTACT. Change 1 to RTCA DO–181C, RTCA Canton Regional Airport, 5400 Lauby Paper No. 016–02/SC187–047, Addition Road, #9, North Canton, Ohio 44720. In addition, any person may, upon of Hijack Mode Operations. Air carriers and foreign air carriers request, inspect the application, notice • Closing Session (Other Business, may submit copies of written comments and other documents germane to the Date and Time of Next Meeting, previously provided to the Akron- application in person at the Akron- Adjourn). Canton Regional Airport Authority Canton Regional Airport, 5400 Lauby Attendance is open to the interested under section 158.23 of Part 158. Road, #9, North Canton, Ohio 44720. public but limited to space availability. FOR FURTHER INFORMATION CONTACT: Ms. Issued in Des Plaines, Illinois, on January With the approval of the chairmen, Arlene B. Draper, Program Manager, 18, 2002. members of the public may present oral Federal Aviation Administration, Mark A. McClardy, statements at the meeting. Persons Detroit Airports District Office, Willow Acting Manager, Planning/Programming wishing to present statements or obtain Run Airport, East, 8820 Beck Road, Branch, Airports Division, Great Lakes information should contact the person Belleville, Michigan 48111 (734–487– Region. listed in the FOR FURTHER INFORMATION 7282). The application may be reviewed [FR Doc. 02–2280 Filed 1–30–02; 8:45 am] CONTACT section. Members of the public in person at this same location. BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION Part 158 of the Federal Aviation ACTION: List of applicants for Regulations (14 CFR Part 158). exemptions. Federal Aviation Administration On December 26, 2001, the FAA determined that the application to use SUMMARY: In accordance with the Intent To Rule on Application 02–13– the revenue from a PFC submitted by U–00–ORD To Use the Revenue From procedures governing the application the City of Chicago Department of for, and the processing of, exemptions a Passenger Facility Charge (PFC) at Aviation was substantially complete Chicago O’Hare International Airport, from the Department of Transportation’s within the requirements of § 158.25 of Hazardous Materials Regulations (49 Chicago, Illinois Part 158. The FAA will approve or CFR part 107, subpart B), notice is disapprove the application, in whole or AGENCY: Federal Aviation hereby given that the Office of Administration (FAA), DOT. in part, no later than April 4, 2002. The following is a brief overview of Hazardous Materials Safety has received ACTION: Notice of Intent to Rule on the applications described herein. Each application. the application. Actual charge effective date: May 1, mode of transportation for which a SUMMARY: The FAA proposes to rule and 2008. particular exemption is requested is invites public comment on the Revised estimated charge expiration indicated by a number in the ‘‘Nature of application to use the revenue from a date: October 1, 2016. Application’’ portion of the table below PFC at Chicago O’Hare International Level of proposed PFC: $4.50. as follows: 1—Motor vehicle, 2—Rail Airport under the provisions of the 49 Total estimated PFC revenue: freight, 3—Cargo vessel, 4—Cargo U.S.C. 40117 and Part 158 of the Federal $53,000,000. aircraft only, 5—Passenger-carrying Aviation Regulations (14 CFR Part 158) Brief description of proposed project: aircraft. Construct Touhy Avenue Reservoir, a DATES: Comments must be received on 700 acre-feet stormwater reservoir on DATES: or before March 4, 2002. Comments must be received on airport property directly north of Touhy or before March 4, 2002. ADDRESSES: Comments on this Avenue and west of Mount Prospect application may be mailed or delivered Road. ADDRESSES: Records Center, Research in triplicate to the FAA at the following Class or classes of air carriers which and Special Programs, Administration, address: the public agency has requested not be U.S. Department of Transportation, Federal Aviation Administration, required to collect PFCs: Air taxi Washington, DC 20590. Chicago Airports District Office, 2300 operators. Comments should refer to the East Devon Avenue, Room 320, Des Any person may inspect the application number and be submitted in Plaines, IL 60018. application in person at the FAA office triplicate. If confirmation of receipt of In addition, one copy of any listed above under FOR FURTHER comments is desired, include a self- comments submitted to the FAA must INFORMATION CONTACT. addressed stamped postcard showing In addition, any person may, upon be mailed or delivered to Mr. Thomas R. the exemption application number. Walker, Commissioner of the City of request, inspect the application, notice Chicago Department of Aviation at the and other documents germane to the FOR FURTHER INFORMATION CONTACT: following address: Chicago O’Hare application in person at the City of Copies of the applications (See Docket International Airport, P.O. Box 66142, Chicago Department of Aviation. Number) are available for inspection at Chicago, IL 60666. Issued in Des Plaines, Illinois on January the New Docket Management Facility, Air carriers and foreign air carriers 18, 2002. PL–401, at the U.S. Department of may submit copies of written comments Mark A. McClardy, Transportation, Nassif Building, 400 7th previously provided to the City of Acting Manager, Planning/Programming Street, SW., Washington, DC 20590 or at Chicago Department of Aviation under Branch, Airports Division, Great Lakes http://dms.dot.gov. section 158.23 of Part 158. Region. This notice of receipt of applications FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 02–2281 Filed 1–30–02; 8:45 am] for new exemptions is published in Philip M. Smithmeyer, Manager, BILLING CODE 4910–13–M Chicago Airports District Office, 2300 accordance with part 107 of the Federal East Devon Avenue, Room 320, Des hazardous materials transportation law Plaines, IL 60018, (847) 294–7335. The DEPARTMENT OF TRANSPORTATION (49 U.S.C. 5117(b); 49 CFR 1.53(b)). application may be reviewed in person Issued in Washington, DC, on January 25, at this same location. Research and Special Programs 2002. SUPPLEMENTARY INFORMATION: The FAA Administration R. Ryan Posten, proposes to rule and invites public Office of Hazardous Materials Safety; Exemptions Program Officer, Office of comment on the application to use the Notice of Applications for Exemptions Hazardous Materials, Exemptions and revenue from a PFC at Chicago O’Hare Approvals. International Airport under the AGENCY: Research and Special Programs provisions of the 49 U.S.C. 40117 and Administration, DOT.
NEW EXEMPTIONS
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12897–N RSPA–02–11397 ATK Thiokol Propulsion, Brigham 49 CFR 173.242 ...... To authorize the transportation in City, UT. commerce of ammonium per- chlorate, Division 5.1, in DOT 53 portable tanks not presently authorized. (Modes 1, 2.)
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NEW EXEMPTIONS—Continued
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12898–N RSPA–02–11398 SWS Environmental First Re- 49 CFR 173.302, 173.304, 173.34 To authorize the manufacturing, sponse, Panama City Beach, marking, sale and use of a non- FL. DOT specification salvage cyl- inder for overpacking damage or leaking cylinders of pressur- ized and non-pressurized haz- ardous materials for transpor- tation in commerce. (Mode 1.) 12899–N RSPA–02–11387 Pencor Reservoir Fluid Special- 49 CFR 173.201(c), 173.202(c), To authorize the manufacture, ists, Broussard, LA. 173.203(c), 173.302(c), mark, sale and use of non-DOT 173.302(a), 173.304(a) & (b), specification cylinders com- 175.3, 178.35(e) & (f), parable to DOT Specification 178.36(a) & (b), (j), (1). 3A cylinders for use in trans- porting Division 2.1, 2.2 and Class 3 material. (Modes 1, 2, 3, 4.) 12902–N RSPA–02–11389 C&S Railroad Corp., Jim Thrope, 49 CFR 174.85(a) ...... To authorize the transportation in PA. commerce of rail cars with al- ternative spacing between the locomotive and cars carrying hazardous materials. (Mode 2.) 12903–N RSPA–02–11390 Cargill Inc., Minneapolis, MN ...... 49 CFR 179.13 ...... To authorize the transportation in commerce of Class 3 material in DOT Specification 111A100W1 tank cars having a maximum gross weight of 286,000 pounds. (Mode 2.) 12904–N RSPA–02–11388 Chemex Corp., San Juan, PR ..... 49 CFR 179.13 ...... To authorize the transportation in commerce of Class 3 material in DOT Specification 111A100W1 tank cars having a maximum gross weight of 286,000 pounds. (Mode 2.) 12905–N RSPA–02–11384 Railway Progress Institute, Inc. 49 CFR 172.203(a), 172.302(c), To authorize the transportation in Alexandria, VA. 173.22a(a) & (b), 179.100– commerce of various haz- 20(a), 179.200–24(a) & (b), ardous materials on rail cars 179.201–10(a), 179.220–25. without the required head stamping and without the ex- emption number on the rail car or the shipping paper. (Mode 2.)
[FR Doc. 02–2352 Filed 1–30–02; 8:45 am] the applications described herein. This Comments should refer to the BILLING CODE 4910–60–M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are Administration not repeated here. Requests for FOR FURTHER INFORMATION: Copies of the modifications of exemptions (e.g. to applications are available for inspection Office of Hazardous Materials Safety; provide for additional hazardous in the Records Center, Nassif Building, Notice of Applications for Modification materials, packaging design changes, 400 7th Street SW., Washington, DC or of Exemption additional mode of transportation, etc.) at http://dms.dot.gov. AGENCY: Research and Special Programs are described in footnotes to the This notice of receipt of applications Administration, DOT. application number. Application for modification of exemptions is numbers with the suffix ‘‘M’’ denote a ACTION: List of applications for published in accordance with part 107 modification request. These modification of exemptions. of the Federal hazardous materials applications have been separated from transportation law (49 U.S.C. 5117(b); the new applications for exemptions to SUMMARY: In accordance with the 49 CFR 1.53(b)). procedures governing the application facilitate processing. for, and the processing of, exemptions DATES: Comments must be received on Issued in Washington, DC, on January 25, from the Department of Transportation’s or before February 15, 2002. 2002. Hazardous Materials Regulations (49 ADDRESSES COMMENTS TO: Records R. Ryan Posten, CFR part 107, subpart B), notice is Center, Research and Special Programs, Exemptions Program Officer, Office of hereby given that the Office of Administration, U.S. Department of Hazardous Materials, Exemptions and Hazardous Materials Safety has received Transportation, Washington, DC 20590. Approvals.
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Application Modification of No. Docket No. Applicant Exemption
7657–M Welker Engineering Company, SugarLand, TX (see Footnote 1) ...... 7657 9221–M Applied Companies, Valencia, CA (See Footnote 2) ...... 9221 9880–M GE Reuter-Stokes, Twinsburg, OH (See Footnote 3) ...... 9880 9940–M GE Reuter-Stokes, Twinsburg, OH (See Footnote 4) ...... 9940 11316–M TRW Automotive Occupant Safety Systems, Queen Creek, AZ (See Footnote 5) ...... 11316 11803–M Chart, Inc. (Storage Systems Div.), Plaistow, NH (See Footnote 6) ...... 11803 12339–M RSPA–99– Air Products and Chemicals, Inc., Allentown, PA (See Footnote 7) ...... 12339 6201 12866–M RSPA–01– Delta Air Lines (Technical Operations Center), Atlanta, GA (See Footnote 8) ...... 12866 11096 12885–M RSPA–01– United States Dept. of Agriculture, Missoula, MT (See Footnote 9) ...... 12885 11209 (1) To modify the exemption to authorize the transportation of an additional Division 2.3 material in non-DOT specification cylinders. (2) To modify the exemption to authorize cargo vessels as an additional mode for transporting Division 2.2 materials in non-DOT specification stainless steel cylinders. (3) To modify the exemption to authorize the transportation of an additional Division 2.2 material in non-DOT specification containers de- scribed as hermetically sealed electron tube devices. (4) To modify the exemptions to authorize the transportation of an additional 2.2 materials in non-DOT specification containers described as hermetically sealed electron tube devices. (5) To modify the exemption to authorize the transportation of a Division 1.4G and additional 1.4S material for shipment to additional TRW fa- cilities and to increase quantity of power devices or igniters per tray from 16 to 36. (6) To modify the exemption to authorize an increase of the maximum gross weight on rail from 263,000 lbs. to 286,000 lbs. for the transpor- tation of Division 2.2 materials in DOT Specification tank cars. (7) To modify the exemption to authorize the transportation of an additional Division 2.3 material in DOT Specification 3AL aluminum cylinders via cargo vessel. (8) To reissue the exemption orginally issued on an emergency basis and to remove certain special provisions/requirements for the non-DOT specification cylinders containing Division 2.2 materials that have inadvertently been mis-marked. (9) To reissue the exemption orginally issued on an emergency basis for the transportation of gasoline in a non-DOT specification steel drum with a pump installed mounted in a helitorch frame.
[FR Doc. 02–2353 Filed 1–30–02; 8:45 am] Income Tax Treaties (1.1441–1(e), INTL–32–93; INTL–52–86; INTL–52– BILLING CODE 4910–60–M 1.1441–4(a)(2), 1.1441–4(b)(1) and (2), 94). 1.1441–4(c), (d), and (e), 1.1441– Abstract: This regulation prescribes 5(b)(2)(ii), 1.1441–5(c)(1), 1.1441–6(b) collections of information for foreign DEPARTMENT OF THE TREASURY and (c), 1.1441–8(b), 1.1441–9(b), persons that received payments subject 1.1461–1(b) and (c), 301.6114–1, to withholding under sections 1441, Internal Revenue Service 301.6402–3(e), and 31.340l(a)(6)–1(e)). 1442, 1443, or 6114 of the Internal Revenue Code. This information is used [REG–242282–97] DATES: Written comments should be received on or before April 1, 2002, to to claim foreign person status and, in Proposed Collection: Comment be assured of consideration. appropriate cases, to claim residence in Request for Regulation Project a country with which the United States ADDRESSES: Direct all written comments has an income tax treaty in effect, so AGENCY: Internal Revenue Service (IRS), to George Freeland, Internal Revenue that withholding at a reduced rate of tax Treasury. Service, room 5244, 1111 Constitution may be obtained at source. The ACTION: Notice and request for Avenue, NW., Washington, DC 20224. regulation also prescribes collections of comments. FOR FURTHER INFORMATION CONTACT: information for withholding agents. Requests for additional information or This information is used by withholding SUMMARY: The Department of the copies of the regulation should be agents to report to the IRS income paid Treasury, as part of its continuing effort directed to Larnice Mack, (202) 622– to a foreign person that is subject to to reduce paperwork and respondent 3179, or through the internet withholding under Code sections 1441, burden, invites the general public and ([email protected]), Internal 1442, and 1443. The regulation also other Federal agencies to take this Revenue Service, room 5244, 1111 requires that a foreign taxpayer claiming opportunity to comment on proposed Constitution Avenue, NW., Washington, a reduced amount of withholding tax and/or continuing information DC 20224. under the provisions of an income tax collections, as required by the SUPPLEMENTARY INFORMATION: treaty must disclose its reliance upon a Paperwork Reduction Act of 1995, treaty provision by filing Form 8833 Title: General Revision of Regulations Public Law 104–13(44 U.S.C. with its U.S. income tax return. 3506(c)(2)(A)). Currently, the IRS is Relating to Withholding of Tax on Current Actions: There is no change to soliciting comments concerning an Certain U.S. Source Income Paid to this existing regulation. existing final regulation, REG–242282– Foreign Persons and Related Collection, Type of Review: Extension of a 97 (TD 8734), General Revision of Refunds and Credits; Revision of currently approved collection. Regulations Relating to Withholding of Information Reporting and Backup Affected Public: Business or other for- Tax On Certain U.S. Source Income Paid Withholding Regulations; and Removal profit organizations, individuals or to Foreign Persons and Related of Regulations Under Part 35a and of households, not-for-profit institutions, Collection, Refunds and Credits; Certain Regulations Under Income Tax farms, and Federal, state, local or tribal Revision of Information Reporting and Treaties. governments. Backup Withholding Regulations; and OMB Number: 1545–1484. The burden for the reporting Removal of Regulations Under Part 35a Regulation Project Number: REG– requirements is reflected in the burden and of Certain Regulations Under 242282–97 (formerly INTL–62–90; of Forms W–8BEN, W08ECI, W–8EXP,
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W–8IMY, 1042, 1042S, 8233, 8833, and by OMB approval number, to OMB and OMB Reviewer: Alexander Hunt, (202) the income tax return of a foreign OTS at these addresses: Alexander 395–7860, Office of Management and person filed for purposes of claiming a Hunt, Office of Information and Budget, Room 10202, New Executive refund of tax. Regulatory Affairs, Office of Office Building, Washington, DC 20503. An agency may not conduct or Management and Budget, Room 10202, Dated: January 24, 2002. sponsor, and a person is not required to New Executive Office Building, Deborah Dakin, respond to, a collection of information Washington, DC 20503, or e-mail to unless the collection of information [email protected]; and Information Deputy Chief Counsel, Regulations and Legislation Division. displays a valid OMB control number. Collection Comments, Chief Counsel’s Books or records relating to a collection Office, Office of Thrift Supervision, [FR Doc. 02–2320 Filed 1–30–02; 8:45 am] of information must be retained as long 1700 G Street, NW., Washington, DC BILLING CODE 6720–01–P as their contents may become material 20552, fax to (202) 906–6518, or e-mail in the administration of any internal to revenue law. Generally, tax returns and [email protected]. DEPARTMENT OF VETERANS tax return information are confidential, OTS will post comments and the related AFFAIRS as required by 26 U.S.C. 6103. index on the OTS Internet Site at Request for Comments: Comments www.ots.treas.gov. In addition, Means Test Thresholds submitted in response to this notice will interested persons may inspect AGENCY: Department of Veterans Affairs. be summarized and/or included in the comments at the Public Reading Room, ACTION: Notice. request for OMB approval. All 1700 G Street, NW., by appointment. To comments will become a matter of make an appointment, call (202) 906– SUMMARY: As required by law, the public record. Comments are invited on: 5922, send an e-mail to Department of Veterans Affairs (VA) is (a) Whether the collection of [email protected], or send a hereby giving notice of cost-of-living information is necessary for the proper facsimile transmission to (202) 906– adjustments (COLA) for means test performance of the functions of the 7755. income limitations. These adjustments agency, including whether the FOR FURTHER INFORMATION CONTACT: To are based on the rise in the Consumer information shall have practical utility; obtain a copy of the submission to OMB, Price Index (CPI) during the one-year (b) the accuracy of the agency’s estimate contact Sally W. Watts at period ending September 30, 2001. of the burden of the collection of [email protected], (202) 906– DATES: These rates are effective January information; (c) ways to enhance the 7380, or facsimile number (202) 906– 1, 2002. quality, utility, and clarity of the 6518, Regulations and Legislation FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to Division, Chief Counsel’s Office, Office Roscoe Butler, Chief Policy and minimize the burden of the collection of of Thrift Supervision, 1700 G Street, Operations, Health Administration information on respondents, including NW., Washington, DC 20552. Service, (10C3), Veterans Health through the use of automated collection SUPPLEMENTARY INFORMATION: OTS may Administration, VA, 810 Vermont techniques or other forms of information not conduct or sponsor an information Avenue, NW., Washington, DC 20420, technology; and (e) estimates of capital collection, and respondents are not (202) 273–8302. (This is not a toll-free or start-up costs and costs of operation, required to respond to an information number.) maintenance, and purchase of services collection, unless the information to provide information. SUPPLEMENTARY INFORMATION: On collection displays a currently valid January 1 of each year, the Secretary is Approved: January 24, 2002. OMB control number. As part of the authorized under Title 38 United States George Freeland, approval process, we invite comments Code, section 1722 to increase the IRS Reports Clearance Officer. on the following information collection. means test income threshold levels by [FR Doc. 02–2418 Filed 1–30–02; 8:45 am] Title of Proposal: Minority Thrift the same percentage the maximum rates Certification Form. BILLING CODE 4830–01–P of pension benefits were increased OMB Number: 1550–0096. Form Number: OTS Form 1661. under section 5312(a) during the preceding calendar year. The means test DEPARTMENT OF THE TREASURY Description: This information is needed to help OTS remain a reliable income thresholds are used by the Veterans Health Administration (VHA) Office of Thrift Supervision source of information regarding the universe of minority-owned thrifts, in to determine whether a veteran must Submission for OMB Review; accordance with our responsibilities agree to pay a copayment for hospital Comment Request under Section 308 of the Financial and outpatient medical care services. Information Reform, Recovery and Based on a 2.6 percent increase in AGENCY: Office of Thrift Supervision Enforcement Act of 1989 (12 U.S.C. Pension Benefits effective December 1, (OTS), Treasury. 1463 note). 2001, and in accordance with 38 CFR ACTION: Notice and request for comment. Type of Review: Renewal. 3.29, the following income limitations for the Means Test Thresholds will be SUMMARY: Affected Public: Savings Associations. The proposed information effective January 1, 2002. collection requirement described below Estimated Number of Respondents: has been submitted to the Office of 32. Table 1—Means Test Thresholds Estimated Frequency of Response: Management and Budget (OMB) for Annually. (1) Veterans with no dependents: review, as required by the Paperwork Estimated Burden Hours per (a) Below Means Test Threshold: $24,304 (a) Above Means Test Threshold: $24,305 Reduction Act of 1995. OTS is soliciting Response: .5 hours. public comments on the proposal. (2) Veterans with 1 dependent: Estimated Total Burden: 16 hours. (a) Below Means Test Threshold: $29,168 DATES: Submit written comments on or Clearance Officer: Sally W. Watts, (a) Above Means Test Threshold: $29,169 before March 4, 2002. (202) 906–7380, Office of Thrift (3) Veterans with 2 dependents: ADDRESSES: Send comments, referring to Supervision, 1700 G Street, NW., (a) Below Means Test Threshold: $30,798 the collection by title of the proposal or Washington, DC 20552. (a) Above Means Test Threshold: $30,799
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(4) Veterans with 3 dependents: (b) The base rate with one dependent is attributable income and net worth is (a) Below Means Test Threshold: $32,428 $12,516 such that they are able to defray the (a) Above Means Test Threshold: $32,429 (c) Add $1,630 for each additional dependent expenses of care and must agree to pay above 5 (5) Veterans with 4 dependents: a copayment for hospital care and (a) Above Means Test Threshold: $34,058 Below the Means Test Threshold is outpatient medical services. (a) Below Means Test Threshold: $34,059 defined as those veterans whose (6) Veterans with 5 dependents: attributable income and net worth is Dated: January 23, 2002. (a) Above Means Test Threshold: $35,688 Anthony J. Principi, (a) Below Means Test Threshold: $35,689 such that they are unable to defray the (7) Child Income Exclusion is: $7,450 expenses of care and therefore are not Secretary of Veterans Affairs. (8) The Medicare deductible is $812 subject to copay charges for hospital and [FR Doc. 02–2365 Filed 1–30–02; 8:45 am] (9) Maximum annual Rate of Pension outpatient medical services. BILLING CODE 8320–01–P effective 12/1/2001 are: Above the Means Test Threshold is (a) The base rate is $9,556 defined as those veterans whose
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Part II
Department of Justice Immigration and Naturalization Service
8 CFR Part 103, et al. New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status; Final Rule
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DEPARTMENT OF JUSTICE will be available for public inspection at persons on victims, including many the above address by calling (202) 514– who may not have legal status and are Immigration and Naturalization Service 3048 to arrange for an appointment. reluctant to cooperate. FOR FURTHER INFORMATION CONTACT: In order to develop a comprehensive 8 CFR Parts 103, 212, 214, 274a and Anne Veysey, Office of Programs, Federal approach to identifying victims 299 Immigration and Naturalization Service, of severe forms of trafficking in persons, to provide them with benefits and INS No. 2132–01; AG Order No. 2554–2002 425 I Street, NW., Room 1000, Washington, DC 20536, telephone: (202) services, and to enhance the Department RIN 1115–AG19 514–3479. of Justice’s ability to prosecute traffickers and prevent trafficking in SUPPLEMENTARY INFORMATION: New Classification for Victims of persons in the first place, the Service Severe Forms of Trafficking in Background and Legislative Authority conducted a series of stakeholders’ Persons; Eligibility for ‘‘T’’ meetings with representatives from key Nonimmigrant Status The Victims of Trafficking and Violence Protection Act of 2000 Federal agencies; national, state, and local law enforcement associations; non- AGENCY: Immigration and Naturalization (VTVPA), Pub. L. 106–386, was signed profit, community-based victim rights Service, Department of Justice. into law on October 28, 2000. The organizations; and other groups. ACTION: Interim rule with request for VTVPA is divided into three sections: Suggestions from these stakeholders comments. Division A, the Trafficking Victims were used in the drafting of this Protection Act (TVPA); Division B, the regulation. Additionally, the SUMMARY: This rule is intended to assist Violence Against Women Act of 2000 Department established an internal all concerned Federal officials, (VAWA); and Division C, Miscellaneous working group to oversee including, but not limited to, officials of Provisions. In passing this legislation, the Immigration and Naturalization implementation of the new law. Congress intended to create a broad In a variety of ways, the Department Service (Service), and eligible range of tools necessary for the Federal applicants, in implementing provisions has attempted to protect potential government to address the particular victims of severe forms of trafficking in of section 107(e) of the Trafficking concerns associated with the problem of Victims Protection Act of 2000 (TVPA). persons by encouraging witnesses to trafficking in persons. cooperate in the investigation and The T nonimmigrant status is available In the TVPA, Congress found that to eligible victims of severe forms of prosecution of traffickers. Through ‘‘(a)t least 700,000 persons annually, vigorous investigation and prosecution trafficking in persons who have primarily women and children, are complied with any reasonable request of severe forms of trafficking in persons, trafficked within or across international the Department hopes to dismantle for assistance in the investigation or borders. Approximately 50,000 women prosecution of acts of trafficking in trafficking in persons rings and and children are trafficked into the dramatically reduce the number of persons, and who can demonstrate that United States each year.’’ Section they would suffer extreme hardship trafficking victims. 102(b)(1), TVPA. Congress further found The U.S. Government has already involving unusual and severe harm if that ‘‘(t)raffickers often transport victims taken a number of actions to implement they were removed from the United from their home communities to section 107 of the TVPA. A key initial States. This rule addresses: the essential unfamiliar destinations, including response under the TVPA was to elements that must be demonstrated for foreign countries away from family and improve the ability of law enforcement classification as a T nonimmigrant alien; friends, religious institutions, and other agencies to identify victims of severe the procedures to be followed by sources of protection and support(.)’’ Id. forms of trafficking in persons and to applicants to apply for T nonimmigrant at section 102(b)(5). In trafficking in provide appropriate information and status; and evidentiary guidance to persons situations, perpetrators often assistance to them pursuant to section assist in the application process. The target individuals who are likely to be 107(c) of the TVPA. The Attorney Service will promulgate separate particularly vulnerable and unfamiliar General and the Secretary of State regulations concerning the process for with their surroundings. Congress’s already have issued regulations adjusting from T nonimmigrant status to intentions in passing the TVPA were to implementing the requirements for lawful permanent resident status. further the humanitarian interests of the assistance to victims of severe forms of DATES: Effective date: This interim rule United States and to strengthen the trafficking in persons under section is effective March 4, 2002. ability of government officials to 107(c). See 66 FR 38514 (July 24, 2001) Comment date: Written comments investigate and prosecute trafficking in (codified at 28 CFR part 1100). must be submitted on or before April 1, persons crimes by providing temporary Section 107(c) permits the Service, in 2002. immigration benefits to victims. cooperation with other law enforcement ADDRESSES: Please submit written In the TVPA, Congress provided a agencies, to arrange for the ‘‘continued comments to the Immigration and variety of means to combat trafficking in presence’’ of aliens who have been the Naturalization Service, Policy Directive persons by ensuring just and effective victims of severe forms of trafficking in and Instructions Branch, Attention: punishment of traffickers and by persons and are potential witnesses to TVPA Implementation Team, 425 I protecting the victims of trafficking in that trafficking, so that they will be Street, NW., Room 4034, Washington, persons. These means include providing available to assist with the investigation DC 20536 by mail or email your immigration benefits to eligible aliens and prosecution of the traffickers. As comments to the VTVPA who have been victims of severe forms provided in 28 CFR 1100.35, the Service Implementation Team at of trafficking in persons and, in the case will arrange for ‘‘continued presence’’ of [email protected]. When submitting of persons aged 15 and older, who such victims, at the request of comments electronically, please include comply with any reasonable request to appropriate law enforcement agencies, ‘‘INS No. 2132–01’’ in the subject box. assist law enforcement agencies in the during the time that their presence in To ensure proper handling, please investigation and prosecution of their the United States is needed for law reference INS No. 2132–01 on your traffickers. The TVPA addresses the enforcement purposes. In most of those correspondence or e-mail. Comments effect of severe forms of trafficking in cases, the Service (whether through
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parole or other means) will be able to approves a T nonimmigrant status primary evidence to satisfy these two grant the victims temporary work application, it will provide a list of elements and is strongly encouraged. authorization during the time they nongovernmental organizations to Aliens who have been granted T–1 remain in the United States to assist which the alien can refer regarding the status also will be able to seek with these law enforcement efforts. alien’s options while in the United derivative T status for their immediate Section 107(b) of the TVPA also States and resources available to the family members who are accompanying provides that aliens who are victims of alien. or following to join them, if they can severe forms of trafficking in persons T nonimmigrant status allows eligible demonstrate that the removal of those who have been granted continued aliens to remain in the United States family members from the United States presence, or who have filed a bona fide and grants specific nonimmigrant (or the failure to admit the family application for T nonimmigrant status, benefits. The T status is separate and members to the United States if they are also are eligible to receive certain kinds distinct from the provision for currently abroad) would result in of public assistance to the same extent ‘‘continued presence’’ pursuant to 28 extreme hardship. Eligible immediate as refugees. CFR 1100.35, which is only temporary family members of the T–1 principal Finally, in another part of the same and requires that the alien depart the may receive derivative T–2 (spouse) or Act that enacted the provisions of the United States once his or her presence T–3 (child) status, and, in the case of a TVPA for victims of trafficking in for purposes of the criminal T–1 principal alien under the age of 21, persons, Congress also provided for a investigation or prosecution is no longer T–4 (parent) status. The statutory new U nonimmigrant status for victims required, unless the alien has some numerical limitations do not apply to of certain kinds of crimes, including other immigration status. Those immediate family members classified as crimes involving trafficking in persons. acquiring T–1 nonimmigrant status will T nonimmigrant aliens. The Service VAWA section 1513. The Department be able to remain in the United States notes that such immediate family will be publishing regulations to for a period of three years, whether or members also may qualify for protection implement the U nonimmigrant status not they were granted ‘‘continued in appropriate cases under the in a separate rulemaking action. presence.’’ regulations adopted to implement section 107(c) of the TVPA. See 28 CFR T Nonimmigrant Status Unlike other provisions of section 107 1100.31. This rule implements one aspect of of the TVPA, T–1 nonimmigrant status Eligible victims who are granted T–1 these new protections for victims of is limited to victims of severe forms of nonimmigrant status will be issued severe forms of trafficking in persons, trafficking in persons who are employment authorization to assist the T nonimmigrant status. Congress physically present on account of the them in finding safe, legal employment established this new classification, in trafficking and can establish that they while they attempt to retake control of section 107(e) of the TVPA, to create a would suffer ‘‘extreme hardship their lives. Aliens with derivative T–2, safe haven for certain eligible victims of involving unusual and severe harm’’ if T–3, or T–4 status also may apply for severe forms of trafficking in persons they were removed from the United employment authorization. who are assisting law enforcement States. In view of the annual limitation The TVPA also provides for the authorities in investigating and imposed by Congress for T–1 status, and adjustment of status, at the Attorney prosecuting the perpetrators of these the standard of extreme hardship General’s discretion, from T crimes. Children who have not yet involving unusual and severe harm, the nonimmigrant status to lawful attained the age of 15 at the time of Service acknowledges that the T–1 permanent resident status for T application are exempt from the status will not be an appropriate nonimmigrants who: (1) Are admissible; requirement to comply with law response with respect to many cases (2) have been physically present in the enforcement requests for assistance in involving aliens who are victims of United States for a continuous period of order to establish eligibility. severe forms of trafficking in persons. at least 3 years since the date of T nonimmigrant status is applicable To best meet these goals, the Service admission with T–1 nonimmigrant to victims of severe forms of trafficking has determined that applicants may status; (3) throughout such period have in persons who are physically present in apply individually for T–1 been persons of good moral character; the United States, American Samoa, or nonimmigrant status without requiring and (4) establish either (i) that during the Commonwealth of the Northern third party sponsorship from a law such period they have complied with Mariana Islands, or at a port-of-entry enforcement agency, as is the case for any reasonable request for assistance in thereto, on account of such trafficking in the existing S nonimmigrant status for the investigation or prosecution of acts persons. Applicants for this status must alien witnesses and informants. See 8 of trafficking in persons, or (ii) that they demonstrate that they would suffer CFR 214.2(t). Recognizing the would suffer extreme hardship extreme hardship involving unusual importance of providing assistance to involving unusual and severe harm and severe harm if they were removed law enforcement investigations and upon removal from the United States. from the United States and that they prosecutions, however, this interim rule The provisions concerning adjustment have complied with any reasonable provides a standard form for law of status will be the subject of a separate request for assistance in the enforcement agencies to use to provide rulemaking. investigation or prosecution of acts of sufficient background information to trafficking in persons. document that the alien is a victim of a The Interim Rule Principal aliens eligible for T severe form of trafficking in persons and To qualify for T–1 nonimmigrant nonimmigrant status may be granted T– has cooperated with reasonable requests status, a person must demonstrate: (1) 1 status, which the TVPA limits to no for assistance to law enforcement. That he or she is a victim of a severe more than 5,000 each fiscal year. In Although a law enforcement form of trafficking in persons; (2) that he some circumstances, immediate family endorsement will not be required, and or she is physically present in the members of victims of severe forms of an alien will be able to submit United States, American Samoa, or the trafficking in persons also may receive secondary evidence to establish these Commonwealth of the Northern Mariana a T nonimmigrant visa to accompany or statutory requirements, the submission Islands, or at a port of entry thereto, on to join the victim. When the Service of this endorsement form will serve as account of such trafficking in persons;
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(3) that, if 15 years of age or older, he severe forms of trafficking in persons, or condition of a debtor arising from a or she has complied with any the Service makes reference to the text pledge by the debtor of his or her reasonable request for assistance in the of the 12 Federal criminal civil rights personal services or of those of a person investigation or prosecution of acts of statutes contained within Chapter 77 of under his or her control as a security for trafficking in persons; and (4) that he or title 18 of the U.S. Code, beginning with debt, if the value of those services as she would suffer extreme hardship section 1581. This set of statutes reasonably assessed is not applied involving unusual and severe harm if contains both preexisting and newly toward the liquidation of the debt or the removed from the United States. The created trafficking in persons laws, length and nature of those services are alien also must be admissible to the many of which appear to constitute the not respectively limited and defined.’’ United States or obtain a waiver of crimes that Congress intended to cover TVPA, section 103(4). inadmissibility from the Service. This in its statutory definition of severe The Service also notes that the rule addresses what the alien must show forms of trafficking in persons. definitions in section 103 of the TVPA to meet each element necessary to Accordingly, the definitions contained are applicable not only for purposes of qualify for the T nonimmigrant in section 214.11 reference the scope of the T nonimmigrant status, but also for classification. The Service has created a those criminal provisions as an many other purposes as well under the new Form I–914, Application for the T appropriate guide in applying the TVPA. For example, the same Nonimmigrant Status, for this purpose. definitions of ‘‘severe forms of definitions of ‘‘severe forms of Form I–914 is composed of three trafficking in persons’’ and its related trafficking in persons’’ and its related sections: Application for the T terms are used for purposes of: terms for purposes of the T • Nonimmigrant Status (required); nonimmigrant status. The provisions of section 107(c) of Supplement A, Application for The statutory definition of the TVPA and in the implementing Immediate Family Member of T–1 involuntary servitude reflects the new regulations on Protection and Recipient; and Supplement B, Federal crime of ‘‘forced labor’’ Assistance for Victims of Trafficking Declaration of a Law Enforcement contained in section 103(5) of the adopted by the Attorney General and Officer for Victim of Trafficking in TVPA, and expands the definition of the Secretary of State at 66 FR 38514 Persons. involuntary servitude contained in (July 24, 2001) (to be codified at 28 CFR Kozminski. In crafting the definition in part 1100); How Is a Victim of a Severe Form of • The provisions for eligibility for the TVPA, Congress intended to Trafficking in Persons Defined? benefits and services under section broaden the types of criminal conduct 107(b) of the TVPA; Section 103 of the TVPA defines the that could be labeled ‘‘involuntary term ‘‘victim of a severe form of • The annual country reports on servitude.’’ human rights practices prepared by the trafficking in persons.’’ To be a ‘‘victim The legislative history of the new of a severe form of trafficking in Department of State under the Foreign ‘‘forced labor’’ crime (18 U.S.C. 1589) Assistance Act of 1961, as amended by persons,’’ an individual must provides helpful guidance on what • Have been recruited, harbored, section 104 of the TVPA; and types of conduct Congress intended to transported, provided, or obtained for • The minimum standards for the cover in its statutory definitions of labor or services, or the purposes of a elimination of severe forms of severe trafficking in persons and, in commercial sex act; and trafficking in persons and the provisions • There must have been some force, particular, involuntary servitude: to promote compliance with those fraud, or coercion involved to make the ‘‘Section 1589 is intended to address the minimum standards, as provided in victim engage in the labor or services or increasingly subtle methods of traffickers sections 108 through 111 of the TVPA. the commercial sex act (except that who place their victims in modern-day In providing for the new T there need not be any force, fraud, or slavery, such as where traffickers threaten nonimmigrant status, Congress directed harm to third persons, restrain their victims the Attorney General to apply the coercion in cases of commercial sex acts without physical violence or injury, or where the victim is under 18); and definition of a ‘‘victim of a severe form • threaten dire consequences by means other For situations involving labor or than overt violence * * * Because provisions of trafficking in persons’’ as it is defined services, the use of force, fraud, or within section 1589 only require a showing in section 103 of the TVPA. Section 103 coercion must be for the purpose of of a threat of ‘‘serious harm,’’ or of a scheme, of the TVPA provides a common subjecting the victim to involuntary plan, or pattern intended to cause a person definition of the key statutory terms that servitude, peonage, debt bondage, or to believe that such harm would occur, are used in several different contexts in slavery. federal prosecutors will not have to Title I of the TVPA. In view of the This legislation provided the first demonstrate physical harm or threats of force common usage of these definitions in definition under Federal law of a victim against victims. The term ‘‘serious harm’’ section 103 for many purposes under * * * refers to a broad array of harms, of a severe form of trafficking in including both physical and nonphysical, the TVPA, the Service will interpret and persons. It builds upon the and section 1589’s terms and provisions are apply those terms for purposes of the T Constitutional prohibition on slavery, intended to be construed with respect to the nonimmigrant status with due regard for the existing criminal law provisions on individual circumstances of victims that are the definitions and application of these slavery and peonage (Chapter 77 of title relevant in determining whether a particular terms in 28 CFR part 1100 and the 18, U.S. Code, sections 1581 et seq.), on type or certain degree of harm or coercion is provisions of chapter 77 of title 18, the case law interpreting the sufficient to maintain or obtain a victim’s United States Code. Constitution and these statutes labor or services, including the age and In determining whether an applicant (specifically United States v. Kozminski, background of the victims.’’ 146 Cong. Rec. is a victim of a severe form of trafficking H8881 (daily ed. Oct. 5, 2000). 487 U.S. 931, 952 (1988)), and on the in persons, the Service will consider all new criminal law prohibitions The only term within the statutory credible and relevant evidence. Except contained in the TVPA. definition in section 103 of the TVPA in instances of sex trafficking involving In order to make potential applicants that is not covered by Chapter 77 of title minors, severe forms of trafficking in for T–1 nonimmigrant status aware of 18, U.S. Code, is the term ‘‘debt persons must involve both a particular the types of violations that must exist in bondage.’’ According to the TVPA, ‘‘the means (force, fraud, or coercion) and a order to meet the statutory definition of term ‘‘debt bondage’’ means the status particular end (sex trafficking,
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involuntary servitude, peonage, debt circumstances attributable to the induced to perform such act has not bondage, or slavery). It is the applicant’s trafficking in persons situation. This attained 18 years of age. burden to demonstrate both elements of determination may reach both those In most cases, aliens who are a severe form of trafficking in persons. who entered the United States lawfully voluntarily smuggled into the United For example, an adult involved in and those who entered without being States will not be considered victims of commercial sexual activity that is not admitted or paroled. a severe form of trafficking in persons. induced by force, fraud, or coercion will The Service will consider all evidence However, individuals who are not be considered a victim of a severe available to determine physical voluntarily smuggled into the United form of trafficking in persons. presence, including requiring the alien States in order to be used for labor or services may become victims of a severe When Is an Alien Physically Present in to explain in a narrative submitted as part of Form I–914, Application for the form of trafficking in persons if, for the United States on Account of Such example, after arrival the smuggler uses Trafficking? T Nonimmigrant Status. This information will help Service threats of serious harm or physical A victim of a severe form of adjudicators determine whether the restraint to force the individual into trafficking in persons must be alien had a clear chance to leave the involuntary servitude, peonage, debt ‘‘physically present in the United States, United States after escaping from the bondage, or slavery. Federal law American Samoa, or the Commonwealth trafficker, in order to determine whether prohibits forced labor regardless of the of the Northern Mariana Islands, or at a an alien is present on account of victim’s initial consent to work. This port of entry thereto, on account of such trafficking. distinction between alien smuggling and trafficking.’’ TVPA, section Aliens who have traveled out of the severe forms of trafficking in persons is 107(e)(1)(T)(i)(II). Some traffickers United States and then returned will be consistent with the separate treatment of arrange for entry of their victims into presumed not to be here on account of trafficking in persons and alien these jurisdictions as part of the smuggling internationally. trafficking in persons and will have to trafficking scheme, while other Aliens who can establish that they are show that their presence here is the traffickers prey upon aliens who are or have been a victim of a severe form already in the United States. These result of continued victimization at the of trafficking in persons, regardless of aliens may have entered lawfully for a hands of the traffickers or a new the circumstances of their arrival in the certain purpose, for instance in a incident of a severe form of trafficking United States, may be eligible to receive student status under section in persons. various forms of assistance under 101(a)(15)(F) of the Immigration and It is important to note that aliens who sections 107(b) or (c) of the TVPA. In Nationality Act (INA), or they may have are present in the United States without addition, a Federal law enforcement entered without being admitted or having been admitted or paroled are agency may request the Service to paroled and are unlawfully present. The inadmissible, and accordingly they will arrange for the alien’s ‘‘continued Service is interpreting the statute in have to obtain a waiver of presence’’ as provided in 28 CFR light of Congressional intent to reach inadmissibility in order to be eligible for 1100.35 for purposes of the those aliens who are physically present T nonimmigrant status. investigation and prosecution of under each of these circumstances if What Is the Difference Between Alien trafficking in persons crimes. they are or were victims of severe forms Smuggling and Severe Forms of How Is Continued Presence, Issued of trafficking in persons occurring Trafficking in Persons? within those jurisdictions. The Service Under Section 107(c) of the TVPA, will take into account the circumstances Federal law makes a distinction Related to Obtaining T–1 Status? relating to the alien’s arrival and current between alien smuggling—in which the One of the elements an applicant for presence in these jurisdictions. smuggler arranges for an alien to enter T–1 nonimmigrant status must prove is As a result of this broad range of the country illegally for any reason, that he or she is a victim of a severe aliens who may be victims of severe including where the alien has form of trafficking in persons. forms of trafficking in persons, the voluntarily contracted to be smuggled— Documentation from the Service Service interprets the physical presence and severe forms of trafficking in granting the applicant ‘‘continued requirement to reach those aliens who: persons. Unlike alien smuggling, severe presence’’ in accordance with section (1) Are present because they are being forms of trafficking in persons must 107(c) of the TVPA and 28 CFR 1100.35 held in some sort of severe form of involve both a particular means such as shall be considered as establishing trafficking in persons situation; (2) were the use of force, fraud, or coercion, and victim status. Continued presence recently liberated from a severe form of a particular end such as involuntary documentation shall not be valid for trafficking in persons; or (3) were servitude or a commercial sex act (with purposes of establishing victim status, subject to severe forms of trafficking in regard to a commercial sex act, however, however, if the continued presence has persons at some point in the past and the use of force, fraud, or coercion is not been revoked based on a determination remain present in the United States for necessary if the person induced to that the applicant is not a victim of a reasons directly related to the original perform a commercial sex act is under severe form of trafficking in persons. trafficking in persons. the age of 18). Pursuant to the TVPA, If such aliens have escaped their victims of a severe form of trafficking in What Is a Reasonable Request for traffickers before law enforcement persons are persons who are recruited, Assistance From Law Enforcement in became involved in the matter, they harbored, transported, provided, or the Investigation or Prosecution of Acts must show that they did not have a clear obtained for: (1) Labor or services, of Trafficking? chance to leave the United States in the through the use of force, fraud, or To be eligible for T nonimmigrant interim. The Service will consider coercion for the purpose of subjection to status, a victim of a severe form of whether an applicant had a clear chance involuntary servitude, peonage, debt trafficking in persons must comply with to leave in light of the individual bondage, or slavery; or (2) the purpose any reasonable request for assistance in applicant’s circumstances. Information of a commercial sex act in which such the investigation or prosecution of acts relevant to this determination may act is induced by force, fraud, or of trafficking in persons (unless the include, but is not limited to, coercion, or in which the person victim is under the age of 15). When the
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applicant submits a Law Enforcement secondary evidence includes trial Officer for Victim of Trafficking in Agency (LEA) endorsement as part of transcripts, court documents, police Persons, of Form I–914, Application for his or her application package, the LEA reports, news articles, and copies of T Nonimmigrant Status. It is issued by who requested cooperation will make reimbursement forms for travel to and the authorities conducting an the initial determination as to the from court. Under 8 CFR 103.2, investigation or prosecution when they cooperation of the applicant. The affidavits are not considered primary or believe an individual is or has been a Service will only challenge this secondary evidence. They are another victim of a severe form of trafficking in assertion when there is evidence that form of evidence, nonetheless. persons and the victim has cooperated the LEA’s conclusion is incorrect. Applicants may provide their own with any reasonable law enforcement The Service interprets a ‘‘reasonable affidavits and those from other requests. The Service has interpreted request for assistance’’ to be one made witnesses. to a victim of a severe form of trafficking If the Service has reason to believe the statutory language to mean that only in persons to assist law enforcement that there is a question about the Federal law enforcement agencies authorities in the investigation or reasonableness of a request for investigating or prosecuting acts of prosecution of acts of trafficking in assistance by an LEA or the applicant’s trafficking in persons will be allowed to persons. The Service’s evaluation of the compliance, and the resolution of this fill out the LEA endorsement. The reasonableness of a request will be question is necessary for the proper Service has chosen this interpretation based on the totality of the adjudication of the application, the because severe forms of trafficking in circumstances, taking into account Service will contact the LEA. The persons are Federal crimes under the general law enforcement, prosecutorial, Service will take all practical steps to TVPA. If a state law enforcement agency and judicial practices, the nature of the reach an acceptable resolution with the believes it has encountered a victim of victimization, and the specific LEA. The determination of what is a a severe form of trafficking in persons circumstances of the victim, including reasonable request shall be within the who would be eligible for T–1 fear, severe traumatization (both mental sole discretion of the Service. nonimmigrant status, the state law and physical), and the age and maturity From Whom May the Request for Law enforcement agency or the alien should of young victims. Absent exceptional Enforcement Assistance Come? contact the local office of an LEA or the circumstances, it is reasonable for a law Civil Rights Division’s Criminal Section. enforcement agency to ask of a victim of This rule provides that any appropriate LEA with jurisdiction in the Potential victims who have not yet a severe form of trafficking in persons reported crimes to an LEA ought to similar things it asks of other investigation or prosecution of acts of contact the nearest local FBI, Service, or comparably-situated crime victims. The trafficking in persons may make a U.S. Attorney’s office to report the Service welcomes comments on how it request for law enforcement assistance. should evaluate the reasonableness of a An LEA is a Federal law enforcement or trafficking in persons crime. request for assistance from law prosecuting agency, including, but not Alternatively, the victim may contact enforcement, particularly with respect limited to, the Federal Bureau of the Department of Justice, Civil Rights to requests made to victims who are Investigation (FBI), the Service, the Division, Trafficking in Persons and under the age of 18. United States Attorneys’ Offices, the Worker Exploitation Task Force In view of the statutory requirement Department of Justice’s Civil Rights and complaint line at 1–888–428–7581 to for a victim of a severe form of Criminal Divisions, the United States report crimes and to obtain information trafficking in persons to comply with Marshals Service, and the Department of about LEA endorsements. It is important reasonable requests made by an LEA State’s Diplomatic Security Service. to recognize that an LEA, if it so desires, investigating or prosecuting severe While States and localities may may only fill out an endorsement when, forms of trafficking in persons, the investigate or prosecute crimes of after a full assessment, it determines victim must have had contact with a law ‘‘trafficking in persons,’’ for purposes of that the individual is a victim of a enforcement agency regarding the this rule the only agencies authorized to severe form of trafficking in persons and incident, either by reporting the crime investigate or prosecute crimes that has complied with any reasonable or by responding to inquiries from an meet the definition under the TVPA of request the LEA has made. LEA. ‘‘severe forms of trafficking in persons’’ On the form filled out by the LEA are those that investigate violations of An LEA endorsement is not a investigator or prosecutor, Supplement the Federal offenses detailed in the mandatory part of a T–1 nonimmigrant B, Declaration of Law Enforcement TVPA. If state or local investigative or status application. All T–1 applicants, Officer for Victim of Trafficking in prosecuting agencies believe they have however, are strongly encouraged to Persons, of Form I–914, Application for encountered a victim of a severe form of provide such an endorsement if T Nonimmigrant Status, the Service will trafficking in persons, they should possible. The LEA endorsement serves ask for information about the victim’s contact an LEA to report the crime. In as primary evidence that the alien is a cooperation with that LEA. The Service this way, aliens who have only received victim of a severe form of trafficking in also will ask the alien to provide requests to assist in the criminal persons, and has not unreasonably information about his or her cooperation investigations or prosecutions of state or refused to assist in the investigation or on Form I–914. In determining whether local crimes also may have the prosecution of trafficking in persons. If an alien meets this element of T–1 opportunity to assist Federal law the applicant chooses not to include an nonimmigrant status eligibility, the enforcement or prosecuting agencies LEA endorsement, the Service will Service will look at the totality of the and therefore meet the requirements for make an independent assessment of any circumstances surrounding the alien’s eligibility for T–1 nonimmigrant status credible evidence presented, in involvement with the law enforcement under this section and the Act. accordance with this rule, to determine or prosecuting agency. if the applicant meets the cooperation The alien may provide any credible What Is the Law Enforcement Agency evidence to meet this prong of eligibility Endorsement? with law enforcement requirement. or any other prong of eligibility. A non- The LEA endorsement is Supplement exhaustive list of suggested forms of B, Declaration of a Law Enforcement
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When Will the Service Provide inadmissibility is one that can be of inadmissibility for aliens who are Information From the Form I–914, waived, the alien should apply for a likely to become a public charge. Application for the T Nonimmigrant waiver of the grounds of inadmissibility How Does a Victim of a Severe Form of Status, to Other Agencies? from the Service on Form I–192, Trafficking in Persons Apply for T–1 Application for Advance Permission to A victim’s confidentiality and his or Nonimmigrant Status? her safety, to the extent the law allows, Enter as Nonimmigrant (Pursuant to Section 212(d)(3) of the Immigration A victim of a severe form of will be considered when releasing trafficking in persons may apply information to Federal investigative and Nationality Act). Section 212(d)(3)(B) provides general authority directly to the Service for T–1 agencies and/or defendants. In for the Service to waive many grounds nonimmigrant status. The application accordance with 42 U.S.C. 10606, of inadmissibility for nonimmigrants. requires submission of a Form I–914, a Department of Justice employees will These waivers are not automatic, but $200 filing fee (plus $50 per immediate use their best efforts to see that victims may be granted in the exercise of its family member) or an application for a of Federal crimes are accorded the rights discretion. Form I–192 should be filed fee waiver, a fingerprinting fee, three due such victims, including the right to at the time of filing Form I–914. current identical color photographs, and be treated with fairness and with respect In the TVPA, Congress recognized evidence establishing each eligibility for their dignity and privacy, and the that victims of a severe form of requirement. All necessary materials right to be reasonably protected from trafficking in persons might need this should be compiled into one application accused offenders. specific relief from inadmissibility. package and submitted to the Director, However, the Service may provide the Section 107(e)(3) of the TVPA creates Vermont Service Center, 75 Lower information about any Federal crimes additional authority for the waiver of Welden Street, St. Albans, Vermont detailed to Federal investigative inadmissibility, at the discretion of the 05479–0001. agencies, such as the FBI, U.S. Attorney General, in the case of victims All applicants for T nonimmigrant Attorney’s office, or the Department’s of a severe form of trafficking in persons status must be fingerprinted for the Civil Rights or Criminal Divisions, or to if the Attorney General considers it to be purpose of conducting a criminal the Service’s Investigations unit. These in the national interest to do so. Under background check as part of the contacts may be for the purpose of new section 212(d)(13) of the INA, such application process. The Service assessing whether an alien has complied victims may receive a waiver on health- recognizes the importance of making with any reasonable request for related grounds (section 212(a)(1)) or on timely determinations of bona fide assistance, or to promote enforcement of public charge grounds (section applications in order for victims of the Federal laws against trafficking in 212(a)(4)). Section 212(d)(13) of the INA severe forms of trafficking to receive persons. also authorizes the Attorney General to critical health and other social services In addition, under established legal waive the criminal grounds of as soon as possible. After submitting an standards, the Department of Justice has inadmissibility in section 212(a)(2) of application with fee to the Service, the an obligation to provide statements by the INA and certain other grounds if the applicant will be notified of the proper witnesses and certain other documents activities rendering the alien time and location to appear for to defendants in pending criminal inadmissible were caused by or were fingerprinting. In 1997, Congress created proceedings. These obligations stem incident to the alien’s victimization. a new program that required the Service from constitutional, statutory, and other The reference to waiver of the public to have direct oversight of the legal requirements that pertain to the charge ground should be understood in fingerprint process and enabled the government’s duty to disclose light of another section of the TVPA— Service to add new technology for information, including exculpatory section 107(b)(1)(A) and (E)—which exchanging data with the FBI. As a evidence or impeachment material, to provides that victims of severe forms of result, the Service created the the defendant in order to prepare his or trafficking in persons who are over 18 Application Support Center (ASC) her defense. Accordingly, in any case years of age may be certified by the program, which is currently composed where the Department is prosecuting a Department of Health and Human of 133 offices located across the country. person for trafficking in persons Services (HHS) to receive certain In addition, state-of-the-art technology offenses involving that victim, the benefits and services ‘‘to the same and customized software have been Service will make appropriate extent as an alien who is admitted to the employed at these ASCs, permitting arrangements with the Department of United States as a refugee.’’ Victims of live-scan capture of fingerprints and Justice component responsible for a severe form of trafficking in persons automated transmission of fingerprints prosecution to ensure that information under age 18 also are eligible for to the FBI’s Integrated Automated in the victim’s application for T services to the same extent as refugees, Fingerprint Identification System nonimmigrant status and other but they do not have to be certified by (IAFIS) electronically. As a result of documents that fall within the scope of HHS. Under this provision, victims may these process and systems the Department’s legal obligations will receive certain benefits and services as enhancements, the Service has been be made available on a timely basis to if they were refugees, which might able to reduce the rate at which the FBI the Federal prosecutors. include cash assistance. Refugees are rejected these fingerprint cards from 40 provided with special humanitarian percent to 3 percent, and reduced the What Happens if an Applicant Is benefits because of their vulnerable overall FBI response time from Inadmissible Under One of the Grounds circumstances, and are exempt from approximately nine months to, in most in Section 212(a) of the Immigration virtually every aspect of the public cases, less than one day. The Service and Nationality Act? charge determination. For the purposes will continue to review fingerprint A principal or derivative applicant of receipt of public benefits, Congress processing operational performance and who is or becomes inadmissible under has recognized that victims of severe build upon ongoing enhancements in section 212(a) of the INA will not be forms of trafficking are in much the applicant scheduling, live-scan eligible for T nonimmigrant status same position as refugees, and therefore biometrics capture, and automated data unless the ground of inadmissibility is has provided specific authority for the exchange to ensure the overall waived by the Service. If the ground of Service to exempt them from the ground efficiency and timeliness of fingerprint
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processing. As part of the forthcoming need to file Form I–765, Application for Application for Employment final rulemaking, the Service will Employment Authorization, with the Authorization, in accordance with consider whether any systemic issues application package. Service policies and procedures. have arisen regarding the timeliness of Determination of a bona fide Once an application for T–1 application for T nonimmigrant status. background checks related to the nonimmigrant status is determined to be The Service will review the submitted administration of this program, and bona fide by the Service, an applicant information to ensure that the consider whether any improvements age 18 or older may apply to HHS to be application is complete and ready for need to be made by the Service to certified to receive certain benefits and ensure timely determinations of adjudication, which includes that the services to the same extent as refugees, whether an applicant has submitted a fingerprinting and criminal background as provided in section 107(b) of the bona fide application. checks are completed and that the submitted information presents prima TVPA. In order for the victim of a severe What Are the Stages Involved With the facie evidence for each eligibility form of trafficking in persons to be Application Process for T requirement. This determination of eligible, HHS must certify him or her to Nonimmigrant Status? whether there is prima facie evidence receive such benefits and services, There are several stages involved in will be made for T–1 applications, unless the victim is under the age of 18. the T nonimmigrant status application according to the eligibility standards for The Service notes that victims under age process: (1) The submission of an that status. If the application is 18 do not need to be certified, nor do application for T–1 nonimmigrant status sufficient, the application will be they need to submit a bona fide (which may be accompanied by determined to be a bona fide application application for T nonimmigrant status, applications for derivative T for T–1 nonimmigrant status. However, in order to receive such benefits and nonimmigrant status for immediate if the alien is inadmissible, the Service services. To be considered a victim and family members); (2) the Service’s will not consider the application to be therefore eligible for these benefits and determination of whether an application bona fide unless the ground of services, those under 18 must be for T nonimmigrant status is bona fide; inadmissibility is one under the determined to have been subjected to a and (3) the adjudication of the circumstances described in section severe form of trafficking in persons. application for T nonimmigrant status. 212(d)(13) of the INA, as added by The Service also notes that individuals The Service will approve an application section 107(e) of the TVPA, or unless who have received ‘‘continued for T–1 nonimmigrant status when room the Service already has granted a waiver presence’’ under section 107(c) of the is available under the cap for each fiscal of inadmissibility with respect to any TVPA may apply to HHS to be certified. year, or place the alien on the waiting other ground. All waivers are Adjudication of applications for T list (which will be carried over to discretionary and require a request for a nonimmigrant status. The Service has subsequent years) for the grant of a T– waiver. Under section 212(d)(13), centralized the adjudication process at 1 nonimmigrant status application if the however, an application can be bona its Vermont Service Center. This cap has been reached. The cap is not fide before the waiver is granted. This is centralization will allow adjudicators to affected by applications for derivative T not the case under other grounds of develop expertise in handling these nonimmigrant status. inadmissibility. cases and provide for uniformity in the Submission of an application for T–1 The Service will not consider an adjudication of these applications. If the nonimmigrant status. In the first stage of application that is incomplete to be Service finds that the alien has satisfied the process, the alien submits an bona fide until the applicant submits the requirements for T nonimmigrant application for T–1 nonimmigrant the necessary additional evidence to status. At this stage, the victim of a establish prima facie eligibility for each status, it will either grant T severe form of trafficking in persons required element of the T–1 nonimmigrant status or (in the case of provides evidence sufficient to nonimmigrant status. The Service will T–1 applicants who are subject to the demonstrate each required element notify the applicant regarding the annual cap) place the alien on a waiting necessary for the Service to issue T–1 additional evidence that needs to be list, as discussed below. nonimmigrant status. submitted in those circumstances, as In any case in which the Service A complete application includes provided in 8 CFR 103.2(b)(8). denies an application for T Form I–914, Application for the T Once an application is determined to nonimmigrant status, the applicant can Nonimmigrant Status; three identical be a bona fide application for T appeal to the Administrative Appeals color photographs; applicable fees or nonimmigrant status, the Service will Office (AAO) under procedures outlined applications for fee waivers; and all provide written confirmation to the in 8 CFR 103.3. evidence to fully support his or her applicant. The Service will use various Approval of T–1 nonimmigrant status claims to the four eligibility elements. means to prevent the removal of or placement on the waiting list for the An application also may include individuals who have filed bona fide grant of T–1 nonimmigrant status. If the Supplement A, Supplemental applications, such as deferred action, Service determines that there are Application of Immediate Family parole, and stay of removal, until the sufficient grounds to grant T–1 Members for T–1 Recipient, and Service issues a final decision on the nonimmigrant status, the Service will Supplement B, Declaration of a Law application. (Some victims of a severe send a notice of approval to the Enforcement Officer for Victim of form of trafficking in persons, however, applicant only if a T–1 nonimmigrant Trafficking in Persons of Form I–914, already may have been granted status number is available. When the Application for T Nonimmigrant Status, ‘‘continued presence’’ as provided in Service grants an application for T–1 and Form I–192, Application for section 107(c) of the TVPA and the Advance Permission to Enter as regulation implementing it. See 66 FR status, it will simultaneously grant Nonimmigrant, for a waiver of a ground 38514 (July 24, 2001) (codified at 28 employment authorization (if not of inadmissibility, if necessary. CFR 1100.35).) Individuals granted already obtained). An Employment Authorization deferred action, parole, or stay of In the event a number is not available, Document will be generated from the I– removal may be granted employment the Service will send the applicant a 914 information. The applicant does not authorization by filing Form I–765, notice of placement on the waiting list.
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What Will Happen if There Are More their work authorization documents, as 765, and, if granted, receive work Eligible T–1 Applicants Than the needed. authorization. Number Available for the Year? While on the waiting list, the T–1 What Is the Duration of the T applicant will remain in his or her Nonimmigrant Status? According to the TVPA, there is a current immigration status (deferred 5,000-person limit to the number of action, parole, stay of removal, or other T nonimmigrant status will be granted individuals who can be granted T–1 immigration status) and will retain for 3 years. This period of stay is timed status per fiscal year (from October 1 eligibility for employment to coordinate with the separate statutory through September 30). Once the authorization, subject to any conditions authority for adjustment of status. An numerical limit has been reached in a placed on that authorization, until new alien in T nonimmigrant status is particular fiscal year, all pending and numbers for T–1 nonimmigrant status eligible to apply for adjustment of status subsequently submitted applications become available in a subsequent fiscal to that of a legal permanent resident will continue to be reviewed in the year. under the criteria listed in section 107(f) normal process to determine eligibility, of the TVPA and forthcoming Service but the Service will not grant T–1 How Will the Revocation of a T–1 Status regulations. Should an alien with T nonimmigrant status prior to the Affect the Annual Cap? nonimmigrant status leave the United beginning of the next fiscal year. States during the 3 years prior to The revocation of a T–1 status will Eligible applicants who are not granted applying for lawful permanent have no effect on the annual cap. Once T–1 status due solely to the numerical residence, he or she must file a Form I– a T–1 status is granted, it will be limit shall be placed on a waiting list to 131, Application for Travel Document, deemed to have been used and cannot be maintained by the Service. In the before departing the United States to be used again. The Service considered event a number is not available, the obtain advanced parole in order to re-using the T–1 status but determined Service will send the applicant a notice return to the United States. This it would be infeasible to track, of placement on the waiting list. requirement is true for T–1 principal especially if the T–1 status were granted Applicants on the waiting list will be aliens as well as family members in several years ago and the individual given priority the following fiscal year derivative T–2, T–3, or T–4 status. were waiting for adjustment to lawful based on the date the application was The T nonimmigrant status is not permanent resident status. The Service properly filed. Each year, as new renewable. If the alien properly files for concluded that tracking when T–1 numbers for the T–1 nonimmigrant adjustment of status to that of a person classifications are granted and then status become available, the Service will admitted for permanent residence trying to backfill the numbers with grant them to applicants on the waiting within the 90-day period immediately additional grants or provide grants list. preceding the third anniversary of the above the annual cap would put undue date of the approval of the alien’s Form Eligible applicants on the waiting list burden on the Service. I–914, the alien shall continue to be in must be admissible at the time status is a T nonimmigrant status with all the granted. Eligible applicants on the When Can a T–1 Nonimmigrant Apply rights, privileges, and responsibilities waiting list may be asked to resubmit for Derivative Status for Family provided to a person possessing such fingerprints (and pay the appropriate Members? status, including employment fee) and photographs because of the An applicant for T–1 status may apply authorization, until such time as a final passage of time between their for derivative T nonimmigrant status, at decision is rendered on the alien’s submission and the date a the time of the original T–1 application, adjustment of status. At the time an nonimmigrant status becomes available. for his or her spouse (T–2) or child (T– alien is approved for T nonimmigrant After the Service has granted T–1 status 3), or in the case of a child who is status, the Service shall notify the alien to applicants on the waiting list, the applying for T–1 status, the child’s that his or her nonimmigrant status will Service will continue to grant parents (T–4). An applicant for T–1 expire in 3 years from the date of the applications, up to the annual limit, to status or an alien who has been granted approval of the alien’s Form I–914, and new applicants in the order in which T–1 nonimmigrant status also may that if the alien wishes to apply to each application was properly filed. apply at a later date by filing a separate adjust status, the alien must apply Will T–1 Applicants Be Removed From Form I–914 and attachments. within the 90-day period immediately the United States While on the Waiting Applications for derivative status must preceding the expiration of T List? be accompanied by the required nonimmigrant status. attachments, such as fingerprints, The Service will use various means to photographs, and fees. What Is the Fee for an Application for prevent the removal of T–1 applicants T Nonimmigrant Status? How Will the Service Adjudicate on the waiting list, and their family Applications for Derivative Status of In the Departments of Commerce, members who are eligible for derivative Family Members of a Victim of a Severe Justice, and State, the Judiciary, and T status, including its existing authority Form of Trafficking in Persons? Related Agencies Appropriation Act, to grant deferred action, parole, and stay 1989, Pub. L. 100–459, Sec. 209, 102 of removal. However, an applicant may The annual limitation does not apply Stat. 2186, 2203 (1988), Congress be removed, and his or her application to immediate family members who are mandated that the Service prescribe and denied, for conduct that occurs while an granted derivative T–2, T–3, or T–4 collect fees to recover the cost of alien is on the waiting list or for not status. However, the Service will not providing certain immigration and disclosing relevant information at the grant an application for derivative T naturalization benefits. Congress has not time of filing. During this time, status until the principal alien has been provided appropriated funds to pay for applicants for T status who are granted granted T–1 status. Once the principal nonimmigrant classification programs. deferred action or stay of removal will alien is granted T–1 nonimmigrant The Service has determined that the not accrue unlawful presence under status, eligible family members who fee for filing Form I–914, Application section 212(a)(6) or (9) of the INA. receive a derivative status can apply for for the T Nonimmigrant Status, is $200. Applicants also will be able to renew employment authorization on Form I– An applicant for T–1 status also will be
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able to request derivative T has been further reduced to reflect saved Does Applying for T Nonimmigrant nonimmigrant status for eligible family adjudication expenses and to take into Status Prevent the Applicant From members for an additional fee of $50 for account that only the T principal’s EAD Applying for Other Types of each person included in the same is incident to status. Based on these Immigration Benefits? application, up to a maximum amount calculations, the Service set the fee at No. An alien may apply for any and of $400. $200. The addition of $50 for each all immigration benefits for which the Applications for immediate family additional person included on the form alien may be eligible. However, an alien members filed subsequent to the T–1 was based on a comparison of the I–914 may not hold more than one principal’s application will be process to the processing of Form I–687, nonimmigrant status at a time. Nothing considered a new filing and will require Application for Status as Temporary in this regulation or in the TVPA limits the full fee of $200 for the first family Resident, which also requires an a qualified applicant from seeking other member and $50 for each additional additional fee of $50 per additional immigration benefits while pursuing T family member, up to a maximum person on the application. The Service status. In addition, aliens granted amount of $400. conducts evaluations of the required continued presence may be eligible to fees every two years to ensure that they Are Fee Waivers Available? receive certain benefits and services are fair and accurate. The fee charged authorized by section 107(b)(1) of the The Service recognizes that many for the Form I–914 will be reviewed TVPA. applicants for T nonimmigrant status periodically and adjusted, as may be unable to pay the full appropriate. Can a Victim Who Is in Exclusion, application fee. Applicants who are May T–1 Applicants and Applicants for Deportation, or Removal Proceedings financially unable to pay the application Before an Immigration Judge or the fee may submit an application for a fee T Derivative Status Apply From a Foreign Country? Board of Immigration Appeals (Board) waiver, as outlined in 28 CFR 103.7(c). Apply for T Nonimmigrant Status? The granting of a fee waiver will be at Applicants for T–1 status must be the sole discretion of the Service. physically present in the United States Jurisdiction over all applications for T Further guidance on fee waivers can be at the time of application. However, the nonimmigrant status rests with the found on the INS Web site currently at T–1 principal alien may apply to the Service. However, a victim of a severe http://www.ins.gov/graphics/formsfee/ Service for derivative T nonimmigrant form of trafficking in persons who is forms/index.htm#waiver. status on behalf of immediate family currently in proceedings before an In addition to the filing fee for the members who are following to join the immigration judge or the Board may Form I–914, applicants will have to T–1 principal. The Service may approve request Service counsel to consent to submit the established fee for applications for T–2, T–3, or T–4 status having the proceedings administratively fingerprinting services for each person for eligible immediate family members closed (or that a motion to reopen or between the ages of 14 and 79 years if they are admissible to the United motion to reconsider be indefinitely inclusive with each application. This States and can meet the requirement to continued) in order to allow the alien to fee is currently $25 per person, and is demonstrate extreme hardship. If the pursue an application for T not subject to a fee waiver. The Service Service grants the application for nonimmigrant status with the Service. has published a final rule to increase derivative T nonimmigrant status for As noted above, in order to be eligible this amount to $50 per person, which aliens who are currently abroad, the for T nonimmigrant status, the alien takes effect February 19, 2002. See 66 Service will notify the appropriate must demonstrate that he or she is FR 65811 (Dec. 21, 2001) (final rule consular office and make arrangements admissible to the United States, or must adjusting fees for the Immigration for the issuance of the necessary visas obtain a waiver of inadmissibility from Examinations Fee Account). for admission of those eligible family the Service. An application from an members. alien who is inadmissible on grounds How Did the Service Arrive at the Fee other than under the circumstances Amount? Can Victims of a Severe Form of specified in section 212(d)(13) of the The Service arrived at the fee amount Trafficking in Persons That Occurred INA will not be considered to be bona by comparing the process requirements Prior to the Enactment of the TVPA fide unless the Service has granted a of the new I–914 with existing Apply for a T Nonimmigrant waiver of those other grounds. adjudication procedures. The Classification? Accordingly, the Service will consider adjudication of the I–914 will be very Yes. Victims of a severe form of consenting to the administrative closure similar to that of the I–360, Petition for trafficking in persons whose of the immigration proceedings for the a Special Immigrant. The application victimization occurred prior to purpose of filing an application for T also will be used to generate an enactment of the TVPA on October 28, nonimmigrant status only if there is a Employment Authorization Document 2000, may file a completed application. good reason to believe that the alien will (EAD), taking the place of a separate I– The Service recommends that victims be able to satisfy the eligibility 765, Application for Employment file applications as soon as possible requirements for the T status, including Authorization. The fee for the I–360 is because delays could result in difficulty admissibility. (The Service notes, $110, and the fee for the I–765 is $100. in establishing statutory eligibility however, that it may arrange for the These fees are scheduled to be increased requirements. Section 214.11(d)(4) of continued presence in the United States to $130 and $120 respectively on this rule provides that, if the of a victim of a severe form of trafficking February 19, 2002. The sum of the two victimization occurred prior to the in persons, pursuant to 28 CFR 1100.35, fees ($250) is reduced to $240 to reflect enactment of the TVPA, the alien must during such time as an LEA has that only one form needs handling and file the application for T–1 status within requested the alien’s presence in the tracking. Furthermore, there is no one year of the effective date of this United States for purposes of separate adjudication required for rule, except in exceptional investigating and prosecuting acts of employment authorization for T circumstances or within one year after severe forms of trafficking in persons. principals, who are authorized to work the victim reaches his or her 21st The Service will not act to remove an incident to status. As a result, this fee birthday, whichever comes later. alien from the United States until the
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law enforcement need for the alien’s T status meets the requirements for a removal in accordance with Service continued presence has come to an end bona fide application, the Service will policy. or the alien has violated the terms of the automatically stay execution of the final Regulatory Procedures continued presence.) order of deportation, exclusion, or The Service also acknowledges that, removal. Such a stay remains in effect Good Cause Exception in some cases, an alien who is in until a final decision is made on the T This interim rule is effective 30 days immigration proceedings may be able to application. If the T application is from the date of publication. The file a bona fide application for T denied, the stay of the final order is Service invites post-promulgation nonimmigrant status. With respect to deemed lifted as of the date of such a comments and will address any such the medical and public charge grounds denial, without regard to whether the comments in a final rule. The of inadmissibility, and certain other alien appeals the denial. However, the Department finds that good cause exists grounds of inadmissibility that were alien may apply for a discretionary stay for adopting this rule without the prior caused by or are incident to the alien’s of removal from the Service as provided notice and comment period ordinarily victimization, section 212(d)(13) of the in § 241.6(a). required by 5 U.S.C. 553(b), because, in INA provides additional authority for If the application for T nonimmigrant light of the public safety implications of the waiver of these grounds in the case status is granted, the final order shall be of applicants for T nonimmigrant status. deemed canceled by operation of law as the rule, giving prior notice and For example, a victim of a severe form of the date of the approval. opportunity for comment would be of trafficking in persons who had been contrary to the public interest. What Happens to Victims of Severe In passing the TVPA, Congress forced into prostitution may well be Forms of Trafficking in Persons Arriving intended to create a broad range of tools able to make a bona fide application for at a Port of Entry Who Are Subject to to be used by the Federal government to T–1 status even though the alien has Expedited Removal? combat the serious and immediate been placed into removal proceedings on grounds relating to those prostitution Expedited removal applies to an problem of trafficking in persons. The activities. ‘‘arriving alien’’, as defined in 8 CFR provisions of the TVPA address the With the concurrence of Service 1.1(q), when the alien is inadmissible effect of severe forms of trafficking in counsel, if the alien appears eligible for pursuant to section 212(a)(6)(C) or persons on victims, including many T nonimmigrant status, the immigration 212(a)(7) of the INA. Current Service who may not have legal status and are judge or the Board, whichever has procedures protect and provide services reluctant to cooperate. In trafficking in jurisdiction, may administratively close to victims of a severe form of trafficking persons situations, perpetrators often the proceeding or continue a motion to in persons when Federal law target individuals who are likely to be reopen or motion to reconsider enforcement officials encounter such particularly vulnerable and unfamiliar indefinitely. In the event the Service victims, including those aliens arriving with their surroundings. The TVPA subsequently denies the alien’s at ports of entry. 28 CFR 1100.31. In strengthens the ability of government application for T nonimmigrant status, addition, the Service is developing officials to investigate and prosecute the Service will recommence screening procedures to ensure that trafficking in persons crimes by proceedings that have been arriving aliens who are subject to the providing for temporary immigration administratively closed by filing a statutory provisions for expedited benefits to victims of severe forms of motion to re-calendar with the removal at ports of entry will, when trafficking in persons. This interim rule Immigration Court or a motion to applicable, be considered for T implements a legal nonimmigrant reinstate with the Board. nonimmigrant status. An alien subject to immigration status for eligible victims expedited removal who expresses that who have not refused any reasonable Can a Victim of Trafficking in Persons he or she is a victim of a severe form request to assist in the investigation or With a Final Order of Exclusion, of trafficking in persons will be prosecution of a crime and can Deportation, or Removal Apply for T interviewed by a Service officer demonstrate that they would suffer Nonimmigrant Status? immediately to determine whether there extreme hardship involving severe and An alien who is the subject of a final is reason to believe the individual is unusual harm if removed from the order is not precluded from filing an such a victim. Following such a United States. Under section 107(b) of application for T nonimmigrant status determination, the victim will be the TVPA, the filing of a bona fide directly with the Service. In order to be referred to a District Office and will be application for T nonimmigrant status eligible, an applicant for T interviewed by a Service officer provides a basis to seek certification of nonimmigrant status must be admissible responsible for investigating trafficking the alien for purposes of eligibility for to the United States, and the Service in persons within 7 days of arrival to certain public benefits. In addition, this notes that few aliens who are the subject determine whether the individual has a regulation provides certain victims with of a final order of exclusion, deportation credible claim to victimization. The work authorization so that they may or removal will be able to satisfy that Service may inform an LEA that also seek lawful employment. Without the requirement. Thus, in general, the filing investigates or prosecutes trafficking in prompt promulgation of this rule, of an application for T nonimmigrant persons about the individual’s claim. If victims of severe forms of trafficking in status will have no effect on the status the alien has a credible claim to persons might continue to be victimized of an alien who is subject to a final victimization, he or she will be given for fear of coming forward, thus order. the opportunity to submit an hindering the ability of law enforcement In those cases where the only basis for application for T status pursuant to to investigate and prosecute cases and the final order of removal is one of the section 101(a)(15)(T) of the INA and any preventing victims from obtaining grounds of inadmissibility described in other benefit or protection for which critical assistance and benefits. section 212(d)(13) of the INA, the alien they may be eligible. An arriving alien The issuance of these regulations as may be able to file a meritorious determined not to have a credible claim an interim rule effective 30 days after application for T nonimmigrant status. to being a victim of a severe form of publication will allow victims to receive If the Service determines, as provided in trafficking in persons in the United needed benefits and assistance as soon this rule, that an alien’s application for States will be subject to expedited as possible. The 30-day delay in the
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effective date will provide a brief Executive Order 12866 8 CFR Part 214 interim period in which forms, This rule is considered by the Administrative practice and informational brochures, and other Department of Justice to be a significant procedure, Aliens, Cultural exchange guidance will be made available to regulatory action under Executive Order programs, Employment, Foreign Federal, state, tribal and local law 12866, section 3(f), Regulatory Planning officials, Health professions, Reporting enforcement officers and officials as and Review. Accordingly, this and recordkeeping requirements, well as non-profit victims rights and regulation has been submitted to the Students, Victims. services groups. Because prior notice Office of Management and Budget for 8 CFR Part 274a and comment with respect to this review. interim rule is contrary to the public Administrative practice and interest, given the public safety Paperwork Reduction Act procedure, Aliens, Employment, implications of this rule, there is ‘‘good The information collection Penalties, Reporting and recordkeeping cause’’ under 5 U.S.C. 553 to make this requirements contained in this rule have requirements. rule effective March 4, 2002. been cleared by the Office of 8 CFR Part 299 Management and Budget (OMB) under Regulatory Flexibility Act the provisions of the Paperwork Immigration, Reporting and In accordance with the Regulatory Reduction Act. Clearance numbers for recordkeeping requirements. Flexibility Act (5 U.S.C. 605(b)), the these collections are contained in 8 CFR Accordingly, chapter I of title 8 of the Attorney General, by approving this 299.5, Display Control Numbers, and are Code of Federal Regulations is amended regulation, certifies that this rule will noted herein. Form I–131, Application as follows: not have a significant economic impact for Travel Document, OMB Control on a substantial number of small Number 1115–0062; Form I–192, PART 103—POWERS AND DUTIES OF entities. The Attorney General has Application for Advance Permission to SERVICE OFFICERS; AVAILABILITY reviewed this regulation in light of its Enter as Nonimmigrant, OMB Control OF SERVICE RECORDS potential impact on small businesses. Number 1115–0028; Form I–765, Application for Employment 1. The authority citation for part 103 The businesses that would be most continues to read as follows: significantly affected by this rule would Authorization, OMB Control Number be those in which the illegal act of 1115–0163. In addition, one new Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; E.O trafficking in persons contributed to, or Service form, Form I–914, Application for T Nonimmigrant Status, has received 12356, 47 FR 14874, 15557, 3 CFR, 1982 composed the majority of, their Comp., p. 166; 8 CFR part 2. workforce. The human rights and clearance from OMB and was assigned criminal issues associated with such OMB Control Number 1115–0246. 2. Section 103.1 is amended by: trafficking in persons are seen as more Executive Order 13132 a. Revising paragraph (f)(3))(iii)(W); significant than the impact on small b. Removing the word ‘‘and’’ at the This rule will not have a substantial businesses that are dependent on illegal end of paragraph (f)(3)(iii)(MM); direct effect on the States, on the or coerced labor in violation of United c. Removing the period at the end of relationship between the National States law. paragraph (f)(3)(iii)(NN) and adding ‘‘; Government and the States, or on the and’’ in its place; and by Unfunded Mandates Reform Act of distribution of power and d. Adding a new paragraph 1995 responsibilities among the various (f)(3)(iii)(OO) to read as follows: levels of government. Therefore, in This rule will not result in the accordance with section 6 of Executive § 103.1 Delegation of authority. expenditure by state, local and tribal Order 13132, it is determined that this * * * * * governments, in the aggregate, or by the rule does not have sufficient Federalism (f) * * * private sector, of $100 million or more implications to warrant the preparation (3) * * * in one year, and it will not significantly of a Federalism summary impact (iii) * * * or uniquely affect small governments. statement. (W) Revoking approval of certain Therefore, no actions were deemed applications, as provided in §§ 214.2, necessary under the provisions of the Executive Order 12988 Civil Justice 214.6, and 214.11 of this chapter; Reform Unfunded Mandates Reform Act of * * * * * 1995. This final rule meets the applicable (OO) Applications for T standards set forth in sections 3(a) and Small Business Regulatory Enforcement nonimmigrant status under § 214.11 of 3(b)(2) of Executive Order 12988. Fairness Act of 1996 this chapter. List of Subjects * * * * * This rule is not a major rule as 3. Section 103.7(b)(1) is amended by 8 CFR Part 103 defined by section 251 of the Small adding, in proper alpha/numeric Business Regulatory Enforcement Act of Administrative practice and sequence, a new Form ‘‘I–914,’’ to read 1996. 5 U.S.C. 804. This rule will not procedure, Authority delegations as follows: result in an annual effect on the (Government agencies), Freedom of economy of $100 million or more; a information, Privacy, Reporting and § 103.7 Fees. major increase in costs or prices; or recordkeeping requirements, Surety * * * * * significant adverse effects on bonds. (b) * * * competition, employment, investment, (1) * * * productivity, innovation, or on the 8 CFR Part 212 Form I–914. For filing an application ability of United States-based Administrative practice and to classify an alien as a nonimmigrant companies to compete with foreign- procedure, Aliens, Immigration, under section 101(a)(15)(T) of the Act based companies in domestic and Passports and visas, Reporting and (victims of a severe form of trafficking export markets. recordkeeping requirements. in persons and their immediate family
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members)—$200. For each immediate application for T nonimmigrant status (d) Revocation. The Commissioner family member included on the same shall submit Form I–192, with the may at any time revoke a waiver application, an additional fee of $50 per appropriate fee in accordance with previously authorized under section person, up to a maximum amount § 103.7(b)(1) of this chapter or an 212(d) of the Act. Under no payable per application of $400. application for a fee waiver, to the circumstances shall the alien or any * * * * * Service with the completed Form I–914 party acting on his or her behalf have a application package for status under right to appeal from a decision to revoke PART 212—DOCUMENTARY section 101(a)(15)(T)(i) of the Act. a waiver. (b) Treatment of waiver application. REQUIREMENTS: NONIMMIGRANTS; PART 214—NONIMMIGRANT CLASSES WAIVERS; ADMISSION OF CERTAIN (1) The Service shall determine whether a ground of inadmissibility exists with INADMISSIBLE ALIENS; PAROLE 7. The authority citation for part 214 respect to the alien applying for T is revised to read as follows: 4. The authority citation for part 212 nonimmigrant status. If a ground of continues to read as follows: inadmissibility is found, the Service Authority: 8 U.S.C. 1101, 1101 note, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282; Authority: 8 U.S.C. 1101, 1102, 1103, 1182, shall determine if it is in the national interest to exercise discretion to waive Section 643 of Pub. L. 104–208, 110 Stat. 1184, 1187, 1225, 1226, 1227; 8 CFR part 2. 3009–708; Pub. L. 106–386, 114 Stat. 1477– the ground of inadmissibility, except for 5. Section 212.1 is amended by 1480; Section 141 of the Compacts of Free grounds of inadmissibility based upon Association with the Federated States of revising paragraph (g) and adding a new sections 212(a)(3), 212(a)(10)(C) and paragraph (o), to read as follows: Micronesia and the Republic of the Marshall 212(a)(10)(E) of the Act, which the Islands, and with the Government of Palau, § 212.1 Documentary requirements for Commissioner may not waive. Special 48 U.S.C. 1901 note, and 1931 note, nonimmigrants. consideration will be given to the respectively; 8 CFR part 2. granting of a waiver of a ground of * * * * * 8. Section 214.1 is amended by: (g) Unforeseen emergency. A inadmissibility where the activities a. Removing the ‘‘and’’ at the end of nonimmigrant seeking admission to the rendering the alien inadmissible were paragraph (a)(1)(vi); United States must present an caused by or incident to the b. Removing the period at the end of unexpired visa and a passport valid for victimization described under section paragraph (a)(1)(vii) and adding ‘‘;’’ in the amount of time set forth in section 101(a)(15)(T)(i) of the Act. its place; 212(a)(7)(B) of the Act, or a valid border (2) In the case of applicants c. Adding paragraph (a)(1)(viii); and crossing identification card at the time inadmissible on criminal and related by of application for admission, unless the grounds under section 212(a)(2) of the d. Adding in proper numeric/ nonimmigrant satisfies the requirements Act, the Service will only exercise its alphabetical sequence in paragraph described in one or more of the discretion in exceptional cases unless (a)(2) the classification designations, to paragraphs (a) through (f), (i), or (o) of the criminal activities rendering the read as follows: this section. Upon a nonimmigrant’s alien inadmissible were caused by or were incident to the victimization § 214.1 Requirements for admission, application on Form I–193, a district extension, and maintenance of status. director at a port of entry may, in the described under section 101(a)(15)(T)(i) exercise of his or her discretion, on a of the Act. (a) * * * case-by-case basis, waive the (3) An application for waiver of a (1) * * * (viii) Section 101(a)(15)(T)(ii) is documentary requirements, if satisfied ground of inadmissibility for T divided into (T)(ii), (T)(iii) and (T)(iv) that the nonimmigrant cannot present nonimmigrant status (other than under for the spouse, child, and parent, the required documents because of an section 212(a)(6) of the Act) will be respectively, of a nonimmigrant unforeseen emergency. The district granted only in exceptional cases when classified under section 101(a)(15)(T)(i); director or the Deputy Commissioner the ground of inadmissibility would and may at any time revoke a waiver prevent or limit the ability of the (2) * * * previously authorized pursuant to this applicant to adjust to permanent paragraph and notify the nonimmigrant resident status after the conclusion of 3 * * * * * in writing to that effect. years. 101(a)(15)(T)(i)—T–1 * * * * * (4) The Service shall have sole 101(a)(15)(T)(ii)—T–2 (o) Alien in T–2 through T–4 discretion to grant or deny a waiver, and 101(a)(15)(T)(iii)—T–3 101(a)(15)(T)(iv)—T–4 classification. Individuals seeking T–2 there shall be no appeal of a decision to through T–4 nonimmigrant status may deny a waiver. However, nothing in this * * * * * avail themselves of the provisions of paragraph (b) is intended to prevent an 9. A new § 214.11 is added to read as paragraph (g) of this section, except that applicant from re-filing a request for a follows: the authority to waive documentary waiver of a ground of inadmissibility in requirements resides with the Service appropriate cases. § 214.11 Alien victims of severe forms of Center. (c) Incident to victimization. When an trafficking in persons. applicant for status under section 6. Section 212.16 is added, to read as (a) Definitions. The Service shall 101(a)(15)(T) of the Act seeks a waiver follows: apply the following definitions as of a ground of inadmissibility under provided in sections 103 and 107(e) of § 212.16 Applications for exercise of section 212(d)(13) of the Act on grounds the Trafficking Victims Protection Act discretion relating to T nonimmigrant other than those described in sections (TVPA) with due regard for the status. 212(a)(1) and (a)(4) of the Act, the definitions and application of these (a) Filing the waiver application. An applicant must establish that the terms in 28 CFR part 1100 and the alien applying for the exercise of activities rendering him or her provisions of chapter 77 of title 18, discretion under section 212(d)(13) or inadmissible were caused by, or were United States Code: (d)(3)(B) of the Act (waivers of incident to, the victimization described Bona fide application means an inadmissibility) in connection with an in section 101(a)(15)(T)(i)(I) of the Act. application for T–1 nonimmigrant status
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as to which, after initial review, the include the following components of the section 214(n) of the Act, the Service Service has determined that there Department of Justice: the United States may classify an alien, if otherwise appears to be no instance of fraud in the Attorneys’ Offices, the Civil Rights and admissible, as a T–1 nonimmigrant if application, the application is complete, Criminal Divisions, the Federal Bureau the alien demonstrates that he or she: properly filed, contains an LEA of Investigation (FBI), the Immigration (1) Is or has been a victim of a severe endorsement or credible secondary and Naturalization Service (Service), form of trafficking in persons; evidence, includes completed and the United States Marshals Service. (2) Is physically present in the United fingerprint and background checks, and The Diplomatic Security Service, States, American Samoa, or the presents prima facie evidence to show Department of State, also is an LEA. Commonwealth of the Northern Mariana eligibility for T nonimmigrant status, Law Enforcement Agency (LEA) Islands, or at a port-of-entry thereto, on including admissibility. endorsement means Supplement B, account of such trafficking in persons; Child means a person described as Declaration of Law Enforcement Officer (3) Either: such in section 101(b)(1) of the Act. for Victim of Trafficking in Persons of (i) Has complied with any reasonable Coercion means threats of serious Form I–914, Application for T request for assistance in the harm to or physical restraint against any Nonimmigrant Status. investigation or prosecution of acts of person; any scheme, plan, or pattern Peonage means a status or condition such trafficking in persons, or intended to cause a person to believe of involuntary servitude based upon real (ii) Is less than 15 years of age; and that failure to perform an act would or alleged indebtedness. (4) Would suffer extreme hardship result in serious harm to or physical Reasonable request for assistance involving unusual and severe harm restraint against any person; or the means a reasonable request made by a upon removal, as described in abuse or threatened abuse of the legal law enforcement officer or prosecutor to paragraph (i) of this section. process. a victim of a severe form of trafficking (c) Aliens ineligible for T Commercial sex act means any sex act in persons to assist law enforcement nonimmigrant status. No alien, on account of which anything of value authorities in the investigation or otherwise admissible, shall be eligible to is given to or received by any person. prosecution of the acts of trafficking in receive a T nonimmigrant status under Debt bondage means the status or persons. The ‘‘reasonableness’’ of the section 101(a)(15)(T) of the Act if there condition of a debtor arising from a request depends on the totality of the is substantial reason to believe that the pledge by the debtor of his or her circumstances taking into account alien has committed an act of a severe personal services or of those of a person general law enforcement and form of trafficking in persons. under his or her control as a security for prosecutorial practices, the nature of the (d) Application procedures for T debt, if the value of those services as victimization, and the specific status. reasonably assessed is not applied circumstances of the victim, including (1) Filing an application. An toward the liquidation of the debt or the fear, severe traumatization (both mental applicant seeking T nonimmigrant length and nature of those services are and physical), and the age and maturity status shall submit, by mail, a complete not respectively limited and defined. of young victims. application package containing Form I– Immediate family member means the Severe forms of trafficking in persons 914, Application for T Nonimmigrant spouse or a child of a victim of a severe means sex trafficking in which a Status, along with all necessary form of trafficking in persons, and, in commercial sex act is induced by force, supporting documentation, to the the case of a victim of a severe form of fraud, or coercion, or in which the Service. trafficking in persons who is under 21 person induced to perform such act has (2) Contents of the application years of age, a parent of the victim. not attained 18 years of age; or the package. In addition to Form I–914, an Involuntary servitude means a recruitment, harboring, transportation, application package must include the condition of servitude induced by provision, or obtaining of a person for following: means of any scheme, plan, or pattern labor or services, through the use of (i) The proper fee for Form I–914 as intended to cause a person to believe force, fraud, or coercion for the purpose provided in § 103.7(b)(1) of this chapter, that, if the person did not enter into or of subjection to involuntary servitude, or an application for a fee waiver as continue in such condition, that person peonage, debt bondage, or slavery. provided in § 103.7(c) of this chapter; or another person would suffer serious Sex trafficking means the recruitment, (ii) Three current photographs; harm or physical restraint; or the abuse harboring, transportation, provision, or (iii) The fingerprint fee as provided in or threatened abuse of legal process. obtaining of a person for the purpose of § 103.7(b)(1) of this chapter; Accordingly, involuntary servitude a commercial sex act. (iv) Evidence demonstrating that the includes ‘‘a condition of servitude in TVPA means the Trafficking Victims applicant is a victim of a severe form of which the victim is forced to work for Protection Act of 2000, Division A of the trafficking in persons as set forth in the defendant by the use or threat of VTVPA, Pub. L. 106–386. paragraph (f) of this section; physical restraint or physical injury, or United States means the continental (v) Evidence that the alien is by the use or threat of coercion through United States, Alaska, Hawaii, Puerto physically present in the United States law or the legal process. This definition Rico, Guam, and the United States on account of a severe form of encompasses those cases in which the Virgin Islands. trafficking in persons as set forth in defendant holds the victim in servitude Victim of a severe form of trafficking paragraph (g) of this section; by placing the victim in fear of such in persons means an alien who is or has (vi) Evidence that the applicant has physical restraint or injury or legal been subject to a severe form of complied with any reasonable request coercion.’’ (United States v. Kozminski, trafficking in persons, as defined in for assistance in the investigation or 487 U.S. 931, 952 (1988)). section 103 of the VTVPA and in this prosecution of acts of severe forms of Law Enforcement Agency (LEA) section. trafficking in persons, as set forth in means any Federal law enforcement VTVPA means the Victims of paragraph (h) of this section, or has not agency that has the responsibility and Trafficking and Violence Protection Act attained 15 years of age; and authority for the detection, of 2000, Pub. L. 106–386. (vii) Evidence that the applicant investigation, or prosecution of severe (b) Eligibility. Under section would suffer extreme hardship forms of trafficking in persons. LEAs 101(a)(15)(T)(i) of the Act, and subject to involving unusual and severe harm if he
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or she were removed from the United (7) Failure to appear for an interview redetermination will be governed by the States, as set forth in paragraph (i) of or failure to follow fingerprinting provisions of part 236 of this chapter. this section. requirements. (9) T applicants with final orders of (3) Evidentiary standards. The (i) Failure to appear for a scheduled exclusion, deportation or removal. An applicant may submit any credible interview without prior authorization or alien who is the subject of a final order evidence relevant to the essential to comply with fingerprint processing is not precluded from filing an elements of the T nonimmigrant status. requirements may result in the denial of application for T–1 nonimmigrant status Original documents or copies may be the application. directly with the Service. The filing of submitted as set forth in § 103.2(b)(4) (ii) Failure to appear shall be excused an application for T nonimmigrant and (b)(5) of this chapter. Any if the notice of the interview or status has no effect on the Service’s document containing text in a foreign fingerprint appointment was not mailed execution of a final order, although the language shall be submitted in to the applicant’s current address and alien may file a request for stay of accordance with § 103.2(b)(3) of this such address had been provided to the removal pursuant to § 241.6(a) of this chapter. Service unless the Service determines chapter. However, if the Service (4) Filing deadline in cases in which that the applicant received reasonable subsequently determines, under the victimization occurred prior to October notice of the appointment. The procedures of this section, that the 28, 2000. Victims of a severe form of applicant must notify the Service of any application is bona fide, the Service will trafficking in persons whose change of address in accordance with automatically stay execution of the final victimization occurred prior to October § 265.1 of this chapter prior to the date order of deportation, exclusion, or 28, 2000 must file a completed on which the notice of the interview or removal, and the stay will remain in application within one (1) year of fingerprint appointment was mailed to effect until a final decision is made on January 31, 2002 in order to be eligible the applicant. the T–1 application. The time during to receive T–1 nonimmigrant status. If (iii) Failure to appear at the interview which such a stay is in effect shall not be counted in determining the the victimization occurred prior to or fingerprint appointment may be reasonableness of the duration of the October 28, 2000, an alien who was a excused, at the discretion of the Service, alien’s continued detention under the child at the time he or she was a victim if the applicant promptly contacts the standards of § 241.4 of this chapter. If of a severe form of trafficking in persons Service and demonstrates that such the T–1 application is denied, the stay must file a T status application within failure to appear was the result of of the final order is deemed lifted as of one (1) year of his or her 21st birthday, exceptional circumstances. the date of such denial, without regard or one (1) year of January 31, 2002, (8) Aliens in pending immigration to whether the alien appeals the whichever is later. For purposes of proceedings. Individuals who believe decision. If the Service grants an determining the filing deadline, an act they are victims of severe forms of application for T nonimmigrant status, of severe form of trafficking in persons trafficking in persons and who are in the final order shall be deemed canceled will be deemed to have occurred on the pending immigration proceedings must by operation of law as of the date of the last day in which an act constituting an inform the Service if they intend to approval. element of a severe form of trafficking apply for T nonimmigrant status under (e) Dissemination of information. In in persons, as defined in paragraph (a) this section. With the concurrence of appropriate cases, and in accordance of this section, occurred. If the applicant Service counsel, a victim of a severe with Department of Justice policies, the misses the deadline, he or she must form of trafficking in persons in Service shall make information from show that exceptional circumstances proceedings before an immigration applications for T–1 nonimmigrant prevented him or her from filing in a judge or the Board of Immigration status available to other Law timely manner. Exceptional Appeals (Board) may request that the Enforcement Agencies (LEAs) with the circumstances may include severe proceedings be administratively closed authority to detect, investigate, or trauma, either psychological or (or that a motion to reopen or motion to prosecute severe forms of trafficking in physical, that prevented the victim from reconsider be indefinitely continued) in persons. The Service shall coordinate applying within the allotted time. order to allow the alien to pursue an with the appropriate Department of (5) Fingerprint procedure. All application for T nonimmigrant status Justice component responsible for applicants for T nonimmigrant status with the Service. If the alien appears prosecution in all cases where there is must be fingerprinted for the purpose of eligible for T nonimmigrant status, the a current or impending prosecution of conducting a criminal background immigration judge or the Board, any defendants who may be charged check in accordance with the process whichever has jurisdiction, may grant with severe forms of trafficking in and procedures described in § 103.2(e) such a request to administratively close persons crimes in connection with the of this chapter. After submitting an the proceeding or continue a motion to victimization of the applicant to ensure application with fee to the Service, the reopen or motion to reconsider that the Department of Justice applicant will be notified of the proper indefinitely. In the event the Service component responsible for prosecution time and location to appear for finds an alien ineligible for T–1 has access to all witness statements fingerprinting. nonimmigrant status, the Service may provided by the applicant in connection (6) Personal interview. After the filing recommence proceedings that have been with the application for T–1 of an application for T nonimmigrant administratively closed by filing a nonimmigrant status, and any other status, the Service may require an motion to re-calendar with the documents needed to facilitate applicant to participate in a personal immigration court or a motion to investigation or prosecution of such interview. The necessity of an interview reinstate with the Board. If the alien is severe forms of trafficking in persons is to be determined solely by the in Service custody pending the offenses. Service. All interviews will be completion of immigration proceedings, (f) Evidence demonstrating that the conducted in person at a Service- the Service may continue to detain the applicant is a victim of a severe form of designated location. Every effort will be alien until a decision has been rendered trafficking in persons. The applicant made to schedule the interview in a on the application. An alien who is in must submit evidence that fully location convenient to the applicant. custody and requests bond or a bond establishes eligibility for each element
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of the T nonimmigrant status to the provided that the details contained in of trafficking in persons, the applicant satisfaction of the Attorney General. the endorsement meet the definition of should promptly contact the nearest First, an alien must demonstrate that he a severe form of trafficking in persons Service or Federal Bureau of or she is a victim of a severe form of under this section. In the alternative, Investigation (FBI) field office or U.S. trafficking in persons. The applicant documentation from the Service Attorneys’ Office to file a complaint, may satisfy this requirement either by granting the applicant continued assist in the investigation or prosecution submitting an LEA endorsement, by presence in accordance with 28 CFR of acts of severe forms of trafficking in demonstrating that the Service 1100.35 will be considered as primary persons, and request an LEA previously has arranged for the alien’s evidence that the applicant has been the endorsement. If the applicant was continued presence under 28 CFR victim of a severe form of trafficking in recently liberated from the trafficking in 1100.35, or by submitting sufficient persons, unless the Service has revoked persons situation, the applicant should credible secondary evidence, describing the continued presence based on a ask the LEA for an endorsement. the nature and scope of any force, fraud, determination that the applicant is not Alternatively, the applicant may contact or coercion used against the victim (this a victim of a severe form of trafficking the Department of Justice, Civil Rights showing is not necessary if the person in persons. Division, Trafficking in Persons and induced to perform a commercial sex (3) Secondary evidence of victim Worker Exploitation Task Force act is under the age of 18). An status; Affidavits. Credible secondary complaint hotline at 1–888–428–7581 to application must contain a statement by evidence and affidavits may be file a complaint and be referred to an the applicant describing the facts of his submitted to explain the nonexistence LEA. or her victimization. In determining or unavailability of the primary (g) Physical presence on account of whether an applicant is a victim of a evidence and to otherwise establish the trafficking in persons. The applicant severe form of trafficking in persons, the requirement that the applicant be a must establish that he or she is Service will consider all credible and victim of a severe form of trafficking in physically present in the United States, relevant evidence. persons. The secondary evidence must American Samoa, or the Commonwealth (1) Law Enforcement Agency include an original statement by the of the Northern Mariana Islands, or at a endorsement. An LEA endorsement is applicant indicating that he or she is a port-of-entry thereto on account of such not required. However, if provided, it victim of a severe form of trafficking in trafficking, and that he or she is a victim must be submitted by an appropriate persons; credible evidence of of a severe form of trafficking in persons law enforcement official on Supplement victimization and cooperation, that forms the basis for the application. B, Declaration of Law Enforcement describing what the alien has done to Specifically, the physical presence Officer for Victim of Trafficking in report the crime to an LEA; and a requirement reaches an alien who: is Persons, of Form I–914. The LEA statement indicating whether similar present because he or she is being endorsement must be filled out records for the time and place of the subjected to a severe form of trafficking completely in accordance with the crime are available. The statement or in persons; was recently liberated from instructions contained on the form and evidence should demonstrate that good a severe form of trafficking in persons; must attach the results of any name or faith attempts were made to obtain the or was subject to severe forms of database inquiry performed. In order to LEA endorsement, including what trafficking in persons at some point in provide persuasive evidence, the LEA efforts the applicant undertook to the past and whose continuing presence endorsement must contain a description accomplish these attempts. Applicants in the United States is directly related of the victimization upon which the are encouraged to provide and to the original trafficking in persons. application is based (including the dates document all credible evidence, because (1) In general. The evidence and the severe forms of trafficking in there is no guarantee that a particular statements included with the persons and victimization occurred), piece of evidence will result in a finding application must state the date and and be signed by a supervising official that the applicant was a victim of a place (if known) and the manner and responsible for the investigation or severe form of trafficking in persons. If purpose (if known) for which the prosecution of severe forms of the applicant does not submit an LEA applicant entered the United States, trafficking in persons. The LEA endorsement, the Service will proceed American Samoa, or the Commonwealth endorsement must address whether the with the adjudication based on the of the Northern Mariana Islands, or a victim had been recruited, harbored, secondary evidence and affidavits port-of-entry thereto, and demonstrate transported, provided, or obtained submitted. A non-exhaustive list of that the applicant is present now on specifically for either labor or services, secondary evidence includes trial account of the applicant’s victimization or for the purposes of a commercial sex transcripts, court documents, police as described in paragraph (f) of this act. The traffickers must have used reports, news articles, and copies of section and section 101(a)(15)(T)(i)(I) of force, fraud, or coercion to make the reimbursement forms for travel to and the Act. victim engage in the intended labor or from court. In addition, applicants may (2) Opportunity to depart. If the alien services, or (for those 18 or older) the also submit their own affidavit and the has escaped the traffickers before law intended commercial sex act. The affidavits of other witnesses. The enforcement became involved in the situations involving labor or services determination of what evidence is matter, he or she must show that he or must rise to the level of involuntary credible and the weight to be given that she did not have a clear chance to leave servitude, peonage, debt bondage, or evidence shall be within the sole the United States in the interim. The slavery. The decision of whether or not discretion of the Service. Service will consider whether an to complete an LEA endorsement for an (4) Obtaining an LEA endorsement. A applicant had a clear chance to leave in applicant shall be at the discretion of victim of a severe form of trafficking in light of the individual applicant’s the LEA. persons who does not have an LEA circumstances. Information relevant to (2) Primary evidence of victim status. endorsement should contact the LEA to this determination may include, but is The Service will consider an LEA which the alien has provided assistance not limited to, circumstances endorsement as primary evidence that to request an endorsement. If the attributable to the trafficking in persons the applicant has been the victim of a applicant has not had contact with an situation, such as trauma, injury, lack of severe form of trafficking in persons LEA regarding the acts of severe forms resources, or travel documents that have
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been seized by the traffickers. This the evidence for and against the Applicants under the age of 15 must determination may reach both those compliance, and allow the alien to provide evidence of their age. Primary who entered the United States lawfully submit additional evidence of such evidence that a victim of a severe form and those who entered without being compliance. If the Service determines of trafficking in persons has not yet admitted or paroled. The Service will that the alien has not complied with any reached the age of 15 would be an consider all evidence presented to reasonable request for assistance, then official copy of the alien’s birth determine the physical presence the application will be denied, and any certificate, a passport, or a certified requirement, including asking the alien approved application based on the LEA medical opinion. Secondary evidence to answer questions on Form I–914, endorsement will be revoked pursuant regarding the age of the applicant also about when he or she escaped from the to this section. may be submitted in accordance with trafficker, what activities he or she has (2) Secondary evidence of compliance § 103.2(b)(2)(i) of this chapter. An undertaken since that time, including with law enforcement requests; applicant under the age of 15 still must the steps he or she may have taken to Affidavits. Credible secondary evidence provide evidence demonstrating that he deal with the consequences of having and affidavits may be submitted to show or she satisfies the other necessary been trafficked, and the applicant’s the nonexistence or unavailability of the requirements, including that he or she is ability to leave the United States. primary evidence and to otherwise the victim of a severe form of trafficking (3) Departure from the United States. establish the requirement that the in persons and faces extreme hardship An alien who has voluntarily left (or has applicant comply with any reasonable involving unusual and severe harm if been removed from) the United States at request for assistance in the removed from the United States. any time after the act of a severe form investigation or prosecution of that (i) Evidence of extreme hardship of trafficking in persons shall be deemed severe form of trafficking in persons. involving unusual and severe harm not to be present in the United States as The secondary evidence must include upon removal. To be eligible for T–1 a result of such trafficking in persons an original statement by the applicant nonimmigrant status under section unless the alien’s reentry into the that indicates the reason the LEA 101(a)(15)(T)(i) of the Act, an applicant United States was the result of the endorsement does not exist or is must demonstrate that removal from the continued victimization of the alien or unavailable, and whether similar United States would subject the a new incident of a severe form of records documenting any assistance applicant to extreme hardship involving trafficking in persons described in provided by the applicant are available. unusual and severe harm. section 101(a)(15)(T)(i)(I) of the Act. The statement or evidence must show (1) Standard. Extreme hardship (h) Compliance with reasonable that an LEA that has responsibility and involving unusual and severe harm is a requests from a law enforcement agency authority for the detection, higher standard than that of extreme for assistance in the investigation or investigation, or prosecution of severe hardship as described in § 240.58 of this prosecution. Except as provided in forms of trafficking in persons has chapter. A finding of extreme hardship paragraph (h)(3) of this section, the information about such trafficking in involving unusual and severe harm may applicant must submit evidence that persons, that the victim has complied not be based upon current or future fully establishes that he or she has with any reasonable request for economic detriment, or the lack of, or complied with any reasonable request assistance in the investigation or disruption to, social or economic for assistance in the investigation or prosecution of such acts of trafficking, opportunities. Factors that may be prosecution of acts of severe forms of and, if the victim did not report the considered in evaluating whether trafficking in persons. As provided in crime at the time, why the crime was removal would result in extreme paragraph (h)(3) of this section, if the not previously reported. The statement victim of a severe form of trafficking in or evidence should demonstrate that hardship involving unusual and severe persons is under age 15, he or she is not good faith attempts were made to obtain harm should take into account both required to comply with any reasonable the LEA endorsement, including what traditional extreme hardship factors and request for assistance in order to be efforts the applicant undertook to those factors associated with having eligible for T nonimmigrant status, but accomplish these attempts. In addition, been a victim of a severe form of may cooperate at his or her discretion. applicants may also submit their own trafficking in persons. These factors (1) Primary evidence of compliance affidavit and the affidavits of other include, but are not limited to, the with law enforcement requests. An LEA witnesses. The determination of what following: endorsement describing the assistance evidence is credible and the weight to (i) The age and personal provided by the applicant is not be given that evidence shall be within circumstances of the applicant; required evidence. However, if an LEA the sole discretion of the Service. (ii) Serious physical or mental illness endorsement is provided as set forth in Applicants are encouraged to describe of the applicant that necessitates paragraph (f)(1) of this section, it will be and document all applicable factors, medical or psychological attention not considered primary evidence that the since there is no guarantee that a reasonably available in the foreign applicant has complied with any particular reason will result in a finding country; reasonable request in the investigation that the applicant has complied with (iii) The nature and extent of the or prosecution of the severe form of reasonable requests. An applicant who physical and psychological trafficking in persons of which the never has had contact with an LEA consequences of severe forms of applicant was a victim. If the Service regarding the acts of severe forms of trafficking in persons; has reason to believe that the applicant trafficking in persons will not be eligible (iv) The impact of the loss of access has not complied with any reasonable for T–1 nonimmigrant status. to the United States courts and the request for assistance by the endorsing (3) Exception for applicants under the criminal justice system for purposes LEA or other LEAs, the Service will age of 15. Applicants under the age of relating to the incident of severe forms contact the LEA and both the Service 15 are not required to demonstrate of trafficking in persons or other crimes and the LEA will take all practical steps compliance with the requirement of any perpetrated against the applicant, to reach a resolution acceptable to both reasonable request for assistance in the including criminal and civil redress for agencies. The Service may, at its investigation and prosecution of acts of acts of trafficking in persons, criminal discretion, interview the alien regarding severe forms of trafficking in persons. prosecution, restitution, and protection;
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(v) The reasonable expectation that Once an application is submitted to the Immigration Appeals (Board) has the existence of laws, social practices, or Service, the Service will conduct an jurisdiction to adjudicate an application customs in the foreign country to which initial review to determine if the for a stay of execution, deportation, or the applicant would be returned would application is a bona fide application removal order, on the basis of the filing penalize the applicant severely for for T nonimmigrant status. An of an application for T nonimmigrant having been the victim of a severe form application shall be determined to be status. of trafficking in persons; bona fide if, after initial review, it is (l) Review and decision on (vi) The likelihood of re-victimization properly filed, there appears to be no applications.—(1) De novo review. The and the need, ability, or willingness of instance of fraud in the application, the Service shall conduct a de novo review foreign authorities to protect the application is complete (including the of all evidence submitted and is not applicant; LEA endorsement or other secondary bound by its previous factual (vii) The likelihood that the trafficker evidence), the application presents determinations as to any essential in persons or others acting on behalf of prima facie evidence of each element to elements of the T nonimmigrant status the trafficker in the foreign country show eligibility for T–1 nonimmigrant application. Evidence previously would severely harm the applicant; and status, and the Service has completed submitted for this and other (viii) The likelihood that the the necessary fingerprinting and immigration benefits or relief may be applicant’s individual safety would be criminal background checks. If an alien used by the Service in evaluating the seriously threatened by the existence of is inadmissible under section 212(a) of eligibility of an applicant for T civil unrest or armed conflict as the Act, the application will not be nonimmigrant status. However, the demonstrated by the designation of deemed to be bona fide unless the only Service will not be bound by its Temporary Protected Status, under grounds of inadmissibility are those previous factual determinations as to section 244 of the Act, or the granting under the circumstances described in any essential elements of the T of other relevant protections. section 212(d)(13) of the Act, or unless classification. The Service will (2) Evidence. An applicant is the Service has granted a waiver of determine, in its sole discretion, the encouraged to describe and document inadmissibility on any other grounds. evidentiary value of previously or all factors that may be relevant to his or All waivers are discretionary and concurrently submitted evidence. her case, since there is no guarantee that require a request for a waiver. Under (2) Burden of proof. At all stages of a particular reason or reasons will result section 212(d)(13), an application can be the processing of an application for any in a finding that removal would cause bona fide before the waiver is granted. benefits under T nonimmigrant status, extreme hardship involving unusual This is not the case under other grounds the burden shall be on the applicant to and severe harm to the applicant. of inadmissibility. present to the Service evidence that Hardship to persons other than the alien (2) Determination by the Service. An fully establishes eligibility for the victim of a severe form of trafficking in application for T–1 status under this desired benefit. persons cannot be considered in section will not be treated as a bona fide (3) Decision. After completing its determining whether an applicant application until the Service has review of the application, the Service would suffer extreme hardship provided the notice described in shall issue a written decision granting or involving unusual and severe harm. paragraph (k)(3) of this section. In the denying the application. If the Service (3) Evaluation. The Service will event that an application is incomplete, determines that the applicant has met evaluate on a case-by-case basis, after a the Service will request the additional the requirements for T–1 nonimmigrant review of the evidence, whether the information as provided in § 103.2(b)(8) status, the Service shall grant the applicant has demonstrated extreme of this chapter. If the application is application, subject to the annual hardship involving unusual or severe complete, but does not present limitation as provided in paragraph (m) harm. The Service will consider all sufficient evidence to establish prima of this section. Along with the approval, credible evidence submitted regarding facie eligibility for each required the Service will include a list of the nature and scope of the hardship element of T nonimmigrant status, the nongovernmental organizations to should the applicant be removed from Service will adjudicate the application which the applicant can refer regarding the United States, including evidence of on the basis of the evidence presented, the alien’s options while in the United hardship arising from circumstances in accordance with the procedures of States and resources available to the surrounding the victimization as this section. alien. described in section 101(a)(15)(T)(i)(I) of (3) Notice to alien. Once an (4) Work authorization. When the the Act and any other circumstances. In application is determined to be a bona Service grants an application for T–1 appropriate cases, the Service may fide application for a T–1 nonimmigrant nonimmigrant status, the Service will consider evidence from relevant country status, the Service will provide written provide the alien with an Employment condition reports and any other public confirmation to the applicant. Authorization Document incident to or private sources of information. The (4) Stay of final order of exclusion, that status, which shall extend determination that extreme hardship deportation, or removal. A concurrently with the duration of the involving unusual or severe harm to the determination by the Service that an alien’s T–1 nonimmigrant status. alien exists is to be made solely by the application for T–1 nonimmigrant status (m) Annual cap. In accordance with Service. is bona fide automatically stays the section 214(n)(2) of the Act, the total (j) Waiver of grounds of execution of any final order of number of principal aliens issued T–1 inadmissibility. An application for a exclusion, deportation, or removal. This nonimmigrant status may not exceed waiver of inadmissibility under section stay shall remain in effect until there is 5,000 in any fiscal year. 212(d)(13) or section 212(d)(3) of the a final decision on the T application. (1) Issuance of T–1 nonimmigrant Act must be filed in accordance with The filing of an application for T status. Once the cap is reached in any § 212.16 of this chapter, and submitted nonimmigrant status does not stay the fiscal year, the Service will continue to to the Service with the completed execution of a final order unless the review and consider applications in the application package. Service has determined that the order they are received. The Service will (k) Bona fide application for T–1 application is bona fide. Neither an determine if the applicants are eligible nonimmigrant status.—(1) Criteria. immigration judge nor the Board of for T–1 nonimmigrant status, but will
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not issue T–1 nonimmigrant status at 914 and all necessary documentation by factors, since there is no guarantee that that time. The revocation of an alien’s mail, including Supplement A, to the a particular reason or reasons will result T–1 status will have no effect on the Service. The application for derivative T in a finding of extreme hardship if the annual cap. nonimmigrant status for eligible family applicant is not allowed to enter or (2) Waiting list. All eligible applicants members can be filed on the same remain in the United States. In addition who, due solely to the cap, are not application as the T–1 application, or in to these factors, other factors that may granted T–1 nonimmigrant status shall a separate application filed at a be considered in evaluating extreme be placed on a waiting list and will subsequent time. hardship include, but are not limited to, receive notice of such placement. While (3) Contents of the application the following: on the waiting list, the applicant shall package for an immediate family (i) The need to provide financial maintain his or her current means to member. In addition to Form I–914, an support to the principal alien; prevent removal (deferred action, application for T–2, T–3, or T–4 (ii) The need for family support for a parole, or stay of removal) and any nonimmigrant status must include the principal alien; or employment authorization, subject to following: (iii) The risk of serious harm, any limits imposed on that (i) The proper fee for Form I–914 as particularly bodily harm, to an authorization. Priority on the waiting provided in § 103.7(b)(1) of this chapter, immediate family member from the list is determined by the date the or an application for a fee waiver as perpetrators of the severe forms of application was properly filed, with the provided in § 103.7(c) of this chapter; trafficking in persons. oldest applications receiving the highest (ii) Three current photographs; (6) Fingerprinting; interviews. The priority. As new classifications become (iii) The fingerprint fee as provided in provisions for fingerprinting and available in subsequent years, the § 103.2(e) of this chapter for each interviews in paragraphs (c)(5) through Service will issue them to applicants on immediate family member; (c)(7) of this section also are applicable the waiting list, in the order in which (iv) Evidence demonstrating the to applications for immediate family the applications were properly filed, relationship of an immediate family members. providing the applicant remains member, as provided in paragraph (o)(4) (7) Admissibility. If an alien is admissible. The Service may require of this section; and inadmissible, an application for a new fingerprint and criminal history (v) Evidence demonstrating extreme waiver of inadmissibility under section checks before issuing an approval. After hardship as provided in paragraph (o)(5) 212(d)(13) or section 212(d)(3) of the T–1 nonimmigrant status has been of this section. Act must be filed in accordance with issued to qualifying applicants on the (4) Relationship. The relationship § 212.16 of this chapter, and submitted waiting list, any remaining T–1 must exist at the time the application for to the Service with the completed nonimmigrant numbers will be issued to the T–1 nonimmigrant status was filed, application package. new qualifying applicants in the order and must continue to exist at the time (8) Review and decision. After that the applications were properly of the application for T–2, T–3, or T–4 reviewing the application under the filed. status and at the time of the immediate standards of paragraph (l) of this (n) [Reserved] family member’s subsequent admission section, the Service shall issue a written (o) Admission of the T–1 applicant’s to the United States. If the T–1 principal decision granting or denying the immediate family members.—(1) alien proves that he or she became the application for T–2, T–3, or T–4 status. Eligibility. Subject to section 214(n) of parent of a child after the T–1 (9) Derivative grants. Individuals who the Act, an alien who has applied for or nonimmigrant status was filed, the child are granted T–2, T–3, or T–4 been granted T–1 nonimmigrant status shall be eligible to accompany or follow nonimmigrant status are not subject to may apply for admission of an to join the T–1 principal. an annual cap. Applications for T–2, T– immediate family member, who is (5) Evidence demonstrating extreme 3, or T–4 nonimmigrant status will not otherwise admissible to the United hardship for immediate family be granted until a T–1 status has been States, in a T–2 (spouse) or T–3 (child) members. The application must issued to the related principal alien. derivative status (and, in the case of a demonstrate that each alien for whom (10) Employment authorization. An T–1 principal applicant who is a child, T–2, T–3, or T–4 status is being sought, alien granted T–2, T–3, or T–4 a T–4 (parent) derivative status), if or the principal T–1 applicant, would nonimmigrant status may apply for accompanying or following to join the suffer extreme hardship if the employment authorization by filing principal alien. The applicant must immediate family member was not Form I–765, Application for submit evidence sufficient to admitted to the United States or was Employment Authorization, with the demonstrate that: removed from the United States (if appropriate fee or an application for fee (i) The alien for whom T–2, T–3, or already present). When the immediate waiver, in accordance with the T–4 status is being sought is an family members are following to join the instructions on, or attached to, that immediate family member of a T–1 principal, the extreme hardship must be form. For derivatives in the United nonimmigrant, as defined in paragraph substantially different than the hardship States, the Form I–765 may be filed (a) of this section, and is otherwise generally experienced by other residents concurrently with the filing of the eligible for that status; and of their country of origin who are not application for T–2, T–3, or T–4 status (ii) The immediate family member or victims of a severe form of trafficking in or at any time thereafter. If the the T–1 principal would suffer extreme persons. The Service will consider all application for employment hardship, as described in paragraph credible evidence of extreme hardship authorization is approved, the T–2, T– (o)(5) of this section, if the immediate to the T–1 recipient or the individual 3, or T–4 alien will be granted family member was not allowed to immediate family members. The employment authorization pursuant to accompany or follow to join the determination of the extreme hardship § 274a.12(c)(25) of this chapter. principal T–1 nonimmigrant. claim will be evaluated on a case-by- Employment authorization will last for (2) Filing procedures. A T–1 principal case basis, in accordance with the the length of the duration of the T–1 may apply for T–2, T–3, or T–4 factors outlined in § 240.58 of this nonimmigrant status. nonimmigrant status for an immediate chapter. Applicants are encouraged to (11) Aliens outside the United States. family member by submitting Form I– raise and document all applicable When the Service approves an
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application for a qualifying immediate eligibility of an applicant for T director may revoke the approval of a T family member who is outside the nonimmigrant status. However, the nonimmigrant status at any time, even United States, the Service will notify the Service will not be bound by its after the validity of the status has T–1 principal alien of such approval on previous factual determinations as to expired. The notice of intent to revoke Form I–797, Notice of Action. Form I– any essential elements of the T shall be in writing and shall contain a 914, Supplement A, Supplemental classification. The Service will detailed statement of the grounds for the Application for Immediate Family determine, in its sole discretion, the revocation and the time period allowed Members of T–1 Recipient, must be evidentiary value of previously or for the T nonimmigrant’s rebuttal. The forwarded to the Department of State for concurrently submitted evidence. alien may submit evidence in rebuttal delivery to the American Embassy or (r) Denial of application. Upon denial within 30 days of the date of the notice. Consulate having jurisdiction over the of any T application, the Service shall The director shall consider all relevant area in which the T–1 recipient’s notify the applicant, any LEA providing evidence presented in deciding whether qualifying immediate family member is an LEA endorsement, and the to revoke approval of the T located. The supplemental form may be Department of Health and Human nonimmigrant status. The determination used by a consular officer in Service’s Office of Refugee Resettlement of what is relevant evidence and the determining the alien’s eligibility for a in writing of the decision and the weight to be given to that evidence shall T–2, T–3, or T–4 visa, as appropriate. reasons for the denial in accordance be within the sole discretion of the (p) Duration of T nonimmigrant with § 103.3 of this chapter. Upon director. status.—(1) In general. An approved T denial of an application for T (3) Revocation of T nonimmigrant nonimmigrant status shall expire after 3 nonimmigrant status, any benefits status. If, upon reconsideration, the years from the date of approval. The derived as a result of having filed a bona approval previously granted is revoked, status is not renewable. At the time an fide application will automatically be the director shall provide the alien with alien is approved for T nonimmigrant revoked when the denial becomes final. a written notification of the decision status, the Service shall notify the alien If an applicant chooses to appeal the that explains the specific reasons for the that his or her nonimmigrant status will denial pursuant to the provisions of revocation. The director also shall notify expire in 3 years from the date of the § 103.3 of this chapter, the denial will the LEA that supplied an endorsement approval of the alien’s Form I–914. The not become final until the appeal is to the alien, any consular officer having applicant shall immediately notify the adjudicated. jurisdiction over the applicant, and Service of any changes in the (s) Revocation of approved T HHS’s Office of Refugee Resettlement. applicant’s circumstances that may nonimmigrant status. The alien shall (4) Appeal of a revocation of affect eligibility under section immediately notify the Service of any approval. The alien may appeal the 101(a)(15)(T)(i) of the Act and this changes in the terms and conditions of decision to revoke the approval within section. an alien’s circumstances that may affect 15 days after the service of notice of the (2) Information pertaining to eligibility under section 101(a)(15)(T) of revocation. All appeals of a revocation adjustment of status. The Service shall the Act and this section. of approval will be processed and further notify the alien of the (1) Grounds for notice of intent to adjudicated in accordance with § 103.3 requirement that the T alien apply for revoke. The Service shall send to the T of this chapter. adjustment of status within the 90 days nonimmigrant a notice of intent to (5) Effect of revocation of T–1 status. immediately preceding the third revoke the status in relevant part if it is In the event that a principal alien’s T– anniversary of the alien’s having been determined that: 1 nonimmigrant status is revoked, all T approved such nonimmigrant status, (i) The T nonimmigrant violated the nonimmigrant status holders deriving and that the failure to apply for requirements of section 101(a)(15)(T) of status from the revoked status adjustment of status as set forth in the Act or this section; automatically shall have that status section 245(l) of the Act will result in (ii) The approval of the application revoked. In the case where a T–2, T–3, termination of the alien’s T violated this section or involved error in or T–4 application is still awaiting nonimmigrant status in the United preparation procedure or adjudication adjudication, it shall be denied. The States at the end of the 3-year period. If that affects the outcome; revocation of an alien’s T–1 status will the alien properly files for adjustment of (iii) In the case of a T–2 spouse, the have no effect on the annual cap as status to that of a person admitted for alien’s divorce from the T–1 principal described in paragraph (m) of this permanent residence within the 90-day alien has become final; section. period immediately preceding the third (iv) In the case of a T–1 principal (t) Removal proceedings without anniversary of the date of the approval alien, an LEA with jurisdiction to detect revocation. Nothing in this section shall of the alien’s Form I–914, the alien shall or investigate the acts of severe forms of prohibit the Service from instituting continue to be in a T nonimmigrant trafficking in persons by which the alien removal proceedings under section 240 status with all the rights, privileges, and was victimized notifies the Service that of the Act for conduct committed after responsibilities, including employment the alien has unreasonably refused to admission, or for conduct or a condition authorization, provided to a person cooperate with the investigation or that was not disclosed to the Service possessing such status until such time prosecution of the trafficking in persons prior to the granting of nonimmigrant as a final decision is rendered on the and provides the Service with a detailed status under section 101(a)(15)(T) of the alien’s application for adjustment of explanation of its assertions in writing; Act, including the misrepresentation of status. or material facts in the applicant’s (q) De novo review. The Service shall (v) The LEA providing the LEA application for T nonimmigrant status. conduct a de novo review of all endorsement withdraws its (u) [Reserved] evidence submitted at all stages in the endorsement or disavows the statements (v) Service officer referral. Any adjudication of an application for T made therein and notifies the Service Service officer who receives a request nonimmigrant status. Evidence with a detailed explanation of its from an alien seeking protection as a previously submitted for this and other assertions in writing. victim of a severe form of trafficking in immigration benefits or relief may be (2) Notice of intent to revoke and persons or seeking information used by the Service in evaluating the consideration of evidence. A district regarding T nonimmigrant status shall
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follow the procedures for protecting and b. Adding a new paragraph (a)(16); proper alpha/numeric sequence; to read providing services to victims of severe and by as follows: forms of trafficking outlined in 28 CFR c. Adding a new paragraph (c)(25), to § 299.1 Prescribed forms. 1100.31. Aliens believed to be victims of read as follows: a severe form of trafficking in persons * * * * * shall be referred to the local Service § 274a.12 Classes of aliens authorized to office with responsibility for accept employment. Form No. Edition date Title investigations relating to victims of (a) * * * I–914 ...... 1–22–02 Application for T severe forms of trafficking in persons for (16) An alien authorized to be Nonimmigrant a consultation within 7 days. The local admitted to or remain in the United Status. Service office may, in turn, refer the States as a nonimmigrant alien victim of victim to another LEA with a severe form of trafficking in persons ***** responsibility for investigating or under section 101(a)(15)(T)(i) of the Act. prosecuting severe forms of trafficking Employment authorization granted 14. Section 299.5 is amended in the in persons. If the alien has a credible under this paragraph shall expire upon table by adding Form ‘‘I–914’’ to the claim to victimization, he or she will be the expiration of the underlying T–1 table, in proper alpha/numeric given the opportunity to submit an nonimmigrant status granted by the sequence, to read as follows: application for T status pursuant to Service. section 101(a)(15)(T) of the Act and any § 299.5 Display of control numbers. * * * * * other benefit or protection for which he * * * * * or she may be eligible. An alien (c) * * * determined not to have a credible claim (25) An immediate family member of Currently to being a victim of a severe form of a T–1 victim of a severe form of INS form INS form title assigned trafficking in persons designated as a T– No. OMB control trafficking in persons and who is subject No. to removal will be removed in 2, T–3 or T–4 nonimmigrant pursuant to accordance with Service policy. § 214.11 of this chapter. Aliens in this I–914 ...... Application for T 1115–0246 status shall only be authorized to work Nonimmigrant PART 274a—CONTROL OF for the duration of their T nonimmigrant Status. EMPLOYMENT OF ALIENS status. * * * * * ***** 10. The authority citation for section 274a continues to read as follows: PART 299—IMMIGRATION FORMS Dated: January 24, 2002. Authority: 8 U.S.C. 1101, 1103, 1324a; 8 John Ashcroft, CFR part 2. 12. The authority citation for part 299 Attorney General. continues to read as follows: 11. Section 274a.12 is amended by: Note: Form I–914 is published for Authority: 8 U.S.C. 1101, 1103; 8 CFR part a. Revising the reference citation to informational purposes only and will not be 2. codified in Title 8 of the Code of Federal ‘‘(a)(15)’’ to read ‘‘(a)(16)’’ in the second Regulations. sentence in paragraph (a) introductory 13. Section 299.1 is amended by text; adding Form ‘‘I–914’’ to the table, in the BILLING CODE 4410–10–P
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[FR Doc. 02–2186 Filed 1–30–02; 8:45 am] BILLING CODE 4410–10–C
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Part II
Department of Justice Immigration and Naturalization Service
8 CFR Part 103, et al. New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status; Final Rule
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DEPARTMENT OF JUSTICE will be available for public inspection at persons on victims, including many the above address by calling (202) 514– who may not have legal status and are Immigration and Naturalization Service 3048 to arrange for an appointment. reluctant to cooperate. FOR FURTHER INFORMATION CONTACT: In order to develop a comprehensive 8 CFR Parts 103, 212, 214, 274a and Anne Veysey, Office of Programs, Federal approach to identifying victims 299 Immigration and Naturalization Service, of severe forms of trafficking in persons, to provide them with benefits and INS No. 2132–01; AG Order No. 2554–2002 425 I Street, NW., Room 1000, Washington, DC 20536, telephone: (202) services, and to enhance the Department RIN 1115–AG19 514–3479. of Justice’s ability to prosecute traffickers and prevent trafficking in SUPPLEMENTARY INFORMATION: New Classification for Victims of persons in the first place, the Service Severe Forms of Trafficking in Background and Legislative Authority conducted a series of stakeholders’ Persons; Eligibility for ‘‘T’’ meetings with representatives from key Nonimmigrant Status The Victims of Trafficking and Violence Protection Act of 2000 Federal agencies; national, state, and local law enforcement associations; non- AGENCY: Immigration and Naturalization (VTVPA), Pub. L. 106–386, was signed profit, community-based victim rights Service, Department of Justice. into law on October 28, 2000. The organizations; and other groups. ACTION: Interim rule with request for VTVPA is divided into three sections: Suggestions from these stakeholders comments. Division A, the Trafficking Victims were used in the drafting of this Protection Act (TVPA); Division B, the regulation. Additionally, the SUMMARY: This rule is intended to assist Violence Against Women Act of 2000 Department established an internal all concerned Federal officials, (VAWA); and Division C, Miscellaneous working group to oversee including, but not limited to, officials of Provisions. In passing this legislation, the Immigration and Naturalization implementation of the new law. Congress intended to create a broad In a variety of ways, the Department Service (Service), and eligible range of tools necessary for the Federal applicants, in implementing provisions has attempted to protect potential government to address the particular victims of severe forms of trafficking in of section 107(e) of the Trafficking concerns associated with the problem of Victims Protection Act of 2000 (TVPA). persons by encouraging witnesses to trafficking in persons. cooperate in the investigation and The T nonimmigrant status is available In the TVPA, Congress found that to eligible victims of severe forms of prosecution of traffickers. Through ‘‘(a)t least 700,000 persons annually, vigorous investigation and prosecution trafficking in persons who have primarily women and children, are complied with any reasonable request of severe forms of trafficking in persons, trafficked within or across international the Department hopes to dismantle for assistance in the investigation or borders. Approximately 50,000 women prosecution of acts of trafficking in trafficking in persons rings and and children are trafficked into the dramatically reduce the number of persons, and who can demonstrate that United States each year.’’ Section they would suffer extreme hardship trafficking victims. 102(b)(1), TVPA. Congress further found The U.S. Government has already involving unusual and severe harm if that ‘‘(t)raffickers often transport victims taken a number of actions to implement they were removed from the United from their home communities to section 107 of the TVPA. A key initial States. This rule addresses: the essential unfamiliar destinations, including response under the TVPA was to elements that must be demonstrated for foreign countries away from family and improve the ability of law enforcement classification as a T nonimmigrant alien; friends, religious institutions, and other agencies to identify victims of severe the procedures to be followed by sources of protection and support(.)’’ Id. forms of trafficking in persons and to applicants to apply for T nonimmigrant at section 102(b)(5). In trafficking in provide appropriate information and status; and evidentiary guidance to persons situations, perpetrators often assistance to them pursuant to section assist in the application process. The target individuals who are likely to be 107(c) of the TVPA. The Attorney Service will promulgate separate particularly vulnerable and unfamiliar General and the Secretary of State regulations concerning the process for with their surroundings. Congress’s already have issued regulations adjusting from T nonimmigrant status to intentions in passing the TVPA were to implementing the requirements for lawful permanent resident status. further the humanitarian interests of the assistance to victims of severe forms of DATES: Effective date: This interim rule United States and to strengthen the trafficking in persons under section is effective March 4, 2002. ability of government officials to 107(c). See 66 FR 38514 (July 24, 2001) Comment date: Written comments investigate and prosecute trafficking in (codified at 28 CFR part 1100). must be submitted on or before April 1, persons crimes by providing temporary Section 107(c) permits the Service, in 2002. immigration benefits to victims. cooperation with other law enforcement ADDRESSES: Please submit written In the TVPA, Congress provided a agencies, to arrange for the ‘‘continued comments to the Immigration and variety of means to combat trafficking in presence’’ of aliens who have been the Naturalization Service, Policy Directive persons by ensuring just and effective victims of severe forms of trafficking in and Instructions Branch, Attention: punishment of traffickers and by persons and are potential witnesses to TVPA Implementation Team, 425 I protecting the victims of trafficking in that trafficking, so that they will be Street, NW., Room 4034, Washington, persons. These means include providing available to assist with the investigation DC 20536 by mail or email your immigration benefits to eligible aliens and prosecution of the traffickers. As comments to the VTVPA who have been victims of severe forms provided in 28 CFR 1100.35, the Service Implementation Team at of trafficking in persons and, in the case will arrange for ‘‘continued presence’’ of [email protected]. When submitting of persons aged 15 and older, who such victims, at the request of comments electronically, please include comply with any reasonable request to appropriate law enforcement agencies, ‘‘INS No. 2132–01’’ in the subject box. assist law enforcement agencies in the during the time that their presence in To ensure proper handling, please investigation and prosecution of their the United States is needed for law reference INS No. 2132–01 on your traffickers. The TVPA addresses the enforcement purposes. In most of those correspondence or e-mail. Comments effect of severe forms of trafficking in cases, the Service (whether through
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parole or other means) will be able to approves a T nonimmigrant status primary evidence to satisfy these two grant the victims temporary work application, it will provide a list of elements and is strongly encouraged. authorization during the time they nongovernmental organizations to Aliens who have been granted T–1 remain in the United States to assist which the alien can refer regarding the status also will be able to seek with these law enforcement efforts. alien’s options while in the United derivative T status for their immediate Section 107(b) of the TVPA also States and resources available to the family members who are accompanying provides that aliens who are victims of alien. or following to join them, if they can severe forms of trafficking in persons T nonimmigrant status allows eligible demonstrate that the removal of those who have been granted continued aliens to remain in the United States family members from the United States presence, or who have filed a bona fide and grants specific nonimmigrant (or the failure to admit the family application for T nonimmigrant status, benefits. The T status is separate and members to the United States if they are also are eligible to receive certain kinds distinct from the provision for currently abroad) would result in of public assistance to the same extent ‘‘continued presence’’ pursuant to 28 extreme hardship. Eligible immediate as refugees. CFR 1100.35, which is only temporary family members of the T–1 principal Finally, in another part of the same and requires that the alien depart the may receive derivative T–2 (spouse) or Act that enacted the provisions of the United States once his or her presence T–3 (child) status, and, in the case of a TVPA for victims of trafficking in for purposes of the criminal T–1 principal alien under the age of 21, persons, Congress also provided for a investigation or prosecution is no longer T–4 (parent) status. The statutory new U nonimmigrant status for victims required, unless the alien has some numerical limitations do not apply to of certain kinds of crimes, including other immigration status. Those immediate family members classified as crimes involving trafficking in persons. acquiring T–1 nonimmigrant status will T nonimmigrant aliens. The Service VAWA section 1513. The Department be able to remain in the United States notes that such immediate family will be publishing regulations to for a period of three years, whether or members also may qualify for protection implement the U nonimmigrant status not they were granted ‘‘continued in appropriate cases under the in a separate rulemaking action. presence.’’ regulations adopted to implement section 107(c) of the TVPA. See 28 CFR T Nonimmigrant Status Unlike other provisions of section 107 1100.31. This rule implements one aspect of of the TVPA, T–1 nonimmigrant status Eligible victims who are granted T–1 these new protections for victims of is limited to victims of severe forms of nonimmigrant status will be issued severe forms of trafficking in persons, trafficking in persons who are employment authorization to assist the T nonimmigrant status. Congress physically present on account of the them in finding safe, legal employment established this new classification, in trafficking and can establish that they while they attempt to retake control of section 107(e) of the TVPA, to create a would suffer ‘‘extreme hardship their lives. Aliens with derivative T–2, safe haven for certain eligible victims of involving unusual and severe harm’’ if T–3, or T–4 status also may apply for severe forms of trafficking in persons they were removed from the United employment authorization. who are assisting law enforcement States. In view of the annual limitation The TVPA also provides for the authorities in investigating and imposed by Congress for T–1 status, and adjustment of status, at the Attorney prosecuting the perpetrators of these the standard of extreme hardship General’s discretion, from T crimes. Children who have not yet involving unusual and severe harm, the nonimmigrant status to lawful attained the age of 15 at the time of Service acknowledges that the T–1 permanent resident status for T application are exempt from the status will not be an appropriate nonimmigrants who: (1) Are admissible; requirement to comply with law response with respect to many cases (2) have been physically present in the enforcement requests for assistance in involving aliens who are victims of United States for a continuous period of order to establish eligibility. severe forms of trafficking in persons. at least 3 years since the date of T nonimmigrant status is applicable To best meet these goals, the Service admission with T–1 nonimmigrant to victims of severe forms of trafficking has determined that applicants may status; (3) throughout such period have in persons who are physically present in apply individually for T–1 been persons of good moral character; the United States, American Samoa, or nonimmigrant status without requiring and (4) establish either (i) that during the Commonwealth of the Northern third party sponsorship from a law such period they have complied with Mariana Islands, or at a port-of-entry enforcement agency, as is the case for any reasonable request for assistance in thereto, on account of such trafficking in the existing S nonimmigrant status for the investigation or prosecution of acts persons. Applicants for this status must alien witnesses and informants. See 8 of trafficking in persons, or (ii) that they demonstrate that they would suffer CFR 214.2(t). Recognizing the would suffer extreme hardship extreme hardship involving unusual importance of providing assistance to involving unusual and severe harm and severe harm if they were removed law enforcement investigations and upon removal from the United States. from the United States and that they prosecutions, however, this interim rule The provisions concerning adjustment have complied with any reasonable provides a standard form for law of status will be the subject of a separate request for assistance in the enforcement agencies to use to provide rulemaking. investigation or prosecution of acts of sufficient background information to trafficking in persons. document that the alien is a victim of a The Interim Rule Principal aliens eligible for T severe form of trafficking in persons and To qualify for T–1 nonimmigrant nonimmigrant status may be granted T– has cooperated with reasonable requests status, a person must demonstrate: (1) 1 status, which the TVPA limits to no for assistance to law enforcement. That he or she is a victim of a severe more than 5,000 each fiscal year. In Although a law enforcement form of trafficking in persons; (2) that he some circumstances, immediate family endorsement will not be required, and or she is physically present in the members of victims of severe forms of an alien will be able to submit United States, American Samoa, or the trafficking in persons also may receive secondary evidence to establish these Commonwealth of the Northern Mariana a T nonimmigrant visa to accompany or statutory requirements, the submission Islands, or at a port of entry thereto, on to join the victim. When the Service of this endorsement form will serve as account of such trafficking in persons;
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(3) that, if 15 years of age or older, he severe forms of trafficking in persons, or condition of a debtor arising from a or she has complied with any the Service makes reference to the text pledge by the debtor of his or her reasonable request for assistance in the of the 12 Federal criminal civil rights personal services or of those of a person investigation or prosecution of acts of statutes contained within Chapter 77 of under his or her control as a security for trafficking in persons; and (4) that he or title 18 of the U.S. Code, beginning with debt, if the value of those services as she would suffer extreme hardship section 1581. This set of statutes reasonably assessed is not applied involving unusual and severe harm if contains both preexisting and newly toward the liquidation of the debt or the removed from the United States. The created trafficking in persons laws, length and nature of those services are alien also must be admissible to the many of which appear to constitute the not respectively limited and defined.’’ United States or obtain a waiver of crimes that Congress intended to cover TVPA, section 103(4). inadmissibility from the Service. This in its statutory definition of severe The Service also notes that the rule addresses what the alien must show forms of trafficking in persons. definitions in section 103 of the TVPA to meet each element necessary to Accordingly, the definitions contained are applicable not only for purposes of qualify for the T nonimmigrant in section 214.11 reference the scope of the T nonimmigrant status, but also for classification. The Service has created a those criminal provisions as an many other purposes as well under the new Form I–914, Application for the T appropriate guide in applying the TVPA. For example, the same Nonimmigrant Status, for this purpose. definitions of ‘‘severe forms of definitions of ‘‘severe forms of Form I–914 is composed of three trafficking in persons’’ and its related trafficking in persons’’ and its related sections: Application for the T terms are used for purposes of: terms for purposes of the T • Nonimmigrant Status (required); nonimmigrant status. The provisions of section 107(c) of Supplement A, Application for The statutory definition of the TVPA and in the implementing Immediate Family Member of T–1 involuntary servitude reflects the new regulations on Protection and Recipient; and Supplement B, Federal crime of ‘‘forced labor’’ Assistance for Victims of Trafficking Declaration of a Law Enforcement contained in section 103(5) of the adopted by the Attorney General and Officer for Victim of Trafficking in TVPA, and expands the definition of the Secretary of State at 66 FR 38514 Persons. involuntary servitude contained in (July 24, 2001) (to be codified at 28 CFR Kozminski. In crafting the definition in part 1100); How Is a Victim of a Severe Form of • The provisions for eligibility for the TVPA, Congress intended to Trafficking in Persons Defined? benefits and services under section broaden the types of criminal conduct 107(b) of the TVPA; Section 103 of the TVPA defines the that could be labeled ‘‘involuntary term ‘‘victim of a severe form of • The annual country reports on servitude.’’ human rights practices prepared by the trafficking in persons.’’ To be a ‘‘victim The legislative history of the new of a severe form of trafficking in Department of State under the Foreign ‘‘forced labor’’ crime (18 U.S.C. 1589) Assistance Act of 1961, as amended by persons,’’ an individual must provides helpful guidance on what • Have been recruited, harbored, section 104 of the TVPA; and types of conduct Congress intended to transported, provided, or obtained for • The minimum standards for the cover in its statutory definitions of labor or services, or the purposes of a elimination of severe forms of severe trafficking in persons and, in commercial sex act; and trafficking in persons and the provisions • There must have been some force, particular, involuntary servitude: to promote compliance with those fraud, or coercion involved to make the ‘‘Section 1589 is intended to address the minimum standards, as provided in victim engage in the labor or services or increasingly subtle methods of traffickers sections 108 through 111 of the TVPA. the commercial sex act (except that who place their victims in modern-day In providing for the new T there need not be any force, fraud, or slavery, such as where traffickers threaten nonimmigrant status, Congress directed harm to third persons, restrain their victims the Attorney General to apply the coercion in cases of commercial sex acts without physical violence or injury, or where the victim is under 18); and definition of a ‘‘victim of a severe form • threaten dire consequences by means other For situations involving labor or than overt violence * * * Because provisions of trafficking in persons’’ as it is defined services, the use of force, fraud, or within section 1589 only require a showing in section 103 of the TVPA. Section 103 coercion must be for the purpose of of a threat of ‘‘serious harm,’’ or of a scheme, of the TVPA provides a common subjecting the victim to involuntary plan, or pattern intended to cause a person definition of the key statutory terms that servitude, peonage, debt bondage, or to believe that such harm would occur, are used in several different contexts in slavery. federal prosecutors will not have to Title I of the TVPA. In view of the This legislation provided the first demonstrate physical harm or threats of force common usage of these definitions in definition under Federal law of a victim against victims. The term ‘‘serious harm’’ section 103 for many purposes under * * * refers to a broad array of harms, of a severe form of trafficking in including both physical and nonphysical, the TVPA, the Service will interpret and persons. It builds upon the and section 1589’s terms and provisions are apply those terms for purposes of the T Constitutional prohibition on slavery, intended to be construed with respect to the nonimmigrant status with due regard for the existing criminal law provisions on individual circumstances of victims that are the definitions and application of these slavery and peonage (Chapter 77 of title relevant in determining whether a particular terms in 28 CFR part 1100 and the 18, U.S. Code, sections 1581 et seq.), on type or certain degree of harm or coercion is provisions of chapter 77 of title 18, the case law interpreting the sufficient to maintain or obtain a victim’s United States Code. Constitution and these statutes labor or services, including the age and In determining whether an applicant (specifically United States v. Kozminski, background of the victims.’’ 146 Cong. Rec. is a victim of a severe form of trafficking H8881 (daily ed. Oct. 5, 2000). 487 U.S. 931, 952 (1988)), and on the in persons, the Service will consider all new criminal law prohibitions The only term within the statutory credible and relevant evidence. Except contained in the TVPA. definition in section 103 of the TVPA in instances of sex trafficking involving In order to make potential applicants that is not covered by Chapter 77 of title minors, severe forms of trafficking in for T–1 nonimmigrant status aware of 18, U.S. Code, is the term ‘‘debt persons must involve both a particular the types of violations that must exist in bondage.’’ According to the TVPA, ‘‘the means (force, fraud, or coercion) and a order to meet the statutory definition of term ‘‘debt bondage’’ means the status particular end (sex trafficking,
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involuntary servitude, peonage, debt circumstances attributable to the induced to perform such act has not bondage, or slavery). It is the applicant’s trafficking in persons situation. This attained 18 years of age. burden to demonstrate both elements of determination may reach both those In most cases, aliens who are a severe form of trafficking in persons. who entered the United States lawfully voluntarily smuggled into the United For example, an adult involved in and those who entered without being States will not be considered victims of commercial sexual activity that is not admitted or paroled. a severe form of trafficking in persons. induced by force, fraud, or coercion will The Service will consider all evidence However, individuals who are not be considered a victim of a severe available to determine physical voluntarily smuggled into the United form of trafficking in persons. presence, including requiring the alien States in order to be used for labor or services may become victims of a severe When Is an Alien Physically Present in to explain in a narrative submitted as part of Form I–914, Application for the form of trafficking in persons if, for the United States on Account of Such example, after arrival the smuggler uses Trafficking? T Nonimmigrant Status. This information will help Service threats of serious harm or physical A victim of a severe form of adjudicators determine whether the restraint to force the individual into trafficking in persons must be alien had a clear chance to leave the involuntary servitude, peonage, debt ‘‘physically present in the United States, United States after escaping from the bondage, or slavery. Federal law American Samoa, or the Commonwealth trafficker, in order to determine whether prohibits forced labor regardless of the of the Northern Mariana Islands, or at a an alien is present on account of victim’s initial consent to work. This port of entry thereto, on account of such trafficking. distinction between alien smuggling and trafficking.’’ TVPA, section Aliens who have traveled out of the severe forms of trafficking in persons is 107(e)(1)(T)(i)(II). Some traffickers United States and then returned will be consistent with the separate treatment of arrange for entry of their victims into presumed not to be here on account of trafficking in persons and alien these jurisdictions as part of the smuggling internationally. trafficking in persons and will have to trafficking scheme, while other Aliens who can establish that they are show that their presence here is the traffickers prey upon aliens who are or have been a victim of a severe form already in the United States. These result of continued victimization at the of trafficking in persons, regardless of aliens may have entered lawfully for a hands of the traffickers or a new the circumstances of their arrival in the certain purpose, for instance in a incident of a severe form of trafficking United States, may be eligible to receive student status under section in persons. various forms of assistance under 101(a)(15)(F) of the Immigration and It is important to note that aliens who sections 107(b) or (c) of the TVPA. In Nationality Act (INA), or they may have are present in the United States without addition, a Federal law enforcement entered without being admitted or having been admitted or paroled are agency may request the Service to paroled and are unlawfully present. The inadmissible, and accordingly they will arrange for the alien’s ‘‘continued Service is interpreting the statute in have to obtain a waiver of presence’’ as provided in 28 CFR light of Congressional intent to reach inadmissibility in order to be eligible for 1100.35 for purposes of the those aliens who are physically present T nonimmigrant status. investigation and prosecution of under each of these circumstances if What Is the Difference Between Alien trafficking in persons crimes. they are or were victims of severe forms Smuggling and Severe Forms of How Is Continued Presence, Issued of trafficking in persons occurring Trafficking in Persons? within those jurisdictions. The Service Under Section 107(c) of the TVPA, will take into account the circumstances Federal law makes a distinction Related to Obtaining T–1 Status? relating to the alien’s arrival and current between alien smuggling—in which the One of the elements an applicant for presence in these jurisdictions. smuggler arranges for an alien to enter T–1 nonimmigrant status must prove is As a result of this broad range of the country illegally for any reason, that he or she is a victim of a severe aliens who may be victims of severe including where the alien has form of trafficking in persons. forms of trafficking in persons, the voluntarily contracted to be smuggled— Documentation from the Service Service interprets the physical presence and severe forms of trafficking in granting the applicant ‘‘continued requirement to reach those aliens who: persons. Unlike alien smuggling, severe presence’’ in accordance with section (1) Are present because they are being forms of trafficking in persons must 107(c) of the TVPA and 28 CFR 1100.35 held in some sort of severe form of involve both a particular means such as shall be considered as establishing trafficking in persons situation; (2) were the use of force, fraud, or coercion, and victim status. Continued presence recently liberated from a severe form of a particular end such as involuntary documentation shall not be valid for trafficking in persons; or (3) were servitude or a commercial sex act (with purposes of establishing victim status, subject to severe forms of trafficking in regard to a commercial sex act, however, however, if the continued presence has persons at some point in the past and the use of force, fraud, or coercion is not been revoked based on a determination remain present in the United States for necessary if the person induced to that the applicant is not a victim of a reasons directly related to the original perform a commercial sex act is under severe form of trafficking in persons. trafficking in persons. the age of 18). Pursuant to the TVPA, If such aliens have escaped their victims of a severe form of trafficking in What Is a Reasonable Request for traffickers before law enforcement persons are persons who are recruited, Assistance From Law Enforcement in became involved in the matter, they harbored, transported, provided, or the Investigation or Prosecution of Acts must show that they did not have a clear obtained for: (1) Labor or services, of Trafficking? chance to leave the United States in the through the use of force, fraud, or To be eligible for T nonimmigrant interim. The Service will consider coercion for the purpose of subjection to status, a victim of a severe form of whether an applicant had a clear chance involuntary servitude, peonage, debt trafficking in persons must comply with to leave in light of the individual bondage, or slavery; or (2) the purpose any reasonable request for assistance in applicant’s circumstances. Information of a commercial sex act in which such the investigation or prosecution of acts relevant to this determination may act is induced by force, fraud, or of trafficking in persons (unless the include, but is not limited to, coercion, or in which the person victim is under the age of 15). When the
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applicant submits a Law Enforcement secondary evidence includes trial Officer for Victim of Trafficking in Agency (LEA) endorsement as part of transcripts, court documents, police Persons, of Form I–914, Application for his or her application package, the LEA reports, news articles, and copies of T Nonimmigrant Status. It is issued by who requested cooperation will make reimbursement forms for travel to and the authorities conducting an the initial determination as to the from court. Under 8 CFR 103.2, investigation or prosecution when they cooperation of the applicant. The affidavits are not considered primary or believe an individual is or has been a Service will only challenge this secondary evidence. They are another victim of a severe form of trafficking in assertion when there is evidence that form of evidence, nonetheless. persons and the victim has cooperated the LEA’s conclusion is incorrect. Applicants may provide their own with any reasonable law enforcement The Service interprets a ‘‘reasonable affidavits and those from other requests. The Service has interpreted request for assistance’’ to be one made witnesses. to a victim of a severe form of trafficking If the Service has reason to believe the statutory language to mean that only in persons to assist law enforcement that there is a question about the Federal law enforcement agencies authorities in the investigation or reasonableness of a request for investigating or prosecuting acts of prosecution of acts of trafficking in assistance by an LEA or the applicant’s trafficking in persons will be allowed to persons. The Service’s evaluation of the compliance, and the resolution of this fill out the LEA endorsement. The reasonableness of a request will be question is necessary for the proper Service has chosen this interpretation based on the totality of the adjudication of the application, the because severe forms of trafficking in circumstances, taking into account Service will contact the LEA. The persons are Federal crimes under the general law enforcement, prosecutorial, Service will take all practical steps to TVPA. If a state law enforcement agency and judicial practices, the nature of the reach an acceptable resolution with the believes it has encountered a victim of victimization, and the specific LEA. The determination of what is a a severe form of trafficking in persons circumstances of the victim, including reasonable request shall be within the who would be eligible for T–1 fear, severe traumatization (both mental sole discretion of the Service. nonimmigrant status, the state law and physical), and the age and maturity From Whom May the Request for Law enforcement agency or the alien should of young victims. Absent exceptional Enforcement Assistance Come? contact the local office of an LEA or the circumstances, it is reasonable for a law Civil Rights Division’s Criminal Section. enforcement agency to ask of a victim of This rule provides that any appropriate LEA with jurisdiction in the Potential victims who have not yet a severe form of trafficking in persons reported crimes to an LEA ought to similar things it asks of other investigation or prosecution of acts of contact the nearest local FBI, Service, or comparably-situated crime victims. The trafficking in persons may make a U.S. Attorney’s office to report the Service welcomes comments on how it request for law enforcement assistance. should evaluate the reasonableness of a An LEA is a Federal law enforcement or trafficking in persons crime. request for assistance from law prosecuting agency, including, but not Alternatively, the victim may contact enforcement, particularly with respect limited to, the Federal Bureau of the Department of Justice, Civil Rights to requests made to victims who are Investigation (FBI), the Service, the Division, Trafficking in Persons and under the age of 18. United States Attorneys’ Offices, the Worker Exploitation Task Force In view of the statutory requirement Department of Justice’s Civil Rights and complaint line at 1–888–428–7581 to for a victim of a severe form of Criminal Divisions, the United States report crimes and to obtain information trafficking in persons to comply with Marshals Service, and the Department of about LEA endorsements. It is important reasonable requests made by an LEA State’s Diplomatic Security Service. to recognize that an LEA, if it so desires, investigating or prosecuting severe While States and localities may may only fill out an endorsement when, forms of trafficking in persons, the investigate or prosecute crimes of after a full assessment, it determines victim must have had contact with a law ‘‘trafficking in persons,’’ for purposes of that the individual is a victim of a enforcement agency regarding the this rule the only agencies authorized to severe form of trafficking in persons and incident, either by reporting the crime investigate or prosecute crimes that has complied with any reasonable or by responding to inquiries from an meet the definition under the TVPA of request the LEA has made. LEA. ‘‘severe forms of trafficking in persons’’ On the form filled out by the LEA are those that investigate violations of An LEA endorsement is not a investigator or prosecutor, Supplement the Federal offenses detailed in the mandatory part of a T–1 nonimmigrant B, Declaration of Law Enforcement TVPA. If state or local investigative or status application. All T–1 applicants, Officer for Victim of Trafficking in prosecuting agencies believe they have however, are strongly encouraged to Persons, of Form I–914, Application for encountered a victim of a severe form of provide such an endorsement if T Nonimmigrant Status, the Service will trafficking in persons, they should possible. The LEA endorsement serves ask for information about the victim’s contact an LEA to report the crime. In as primary evidence that the alien is a cooperation with that LEA. The Service this way, aliens who have only received victim of a severe form of trafficking in also will ask the alien to provide requests to assist in the criminal persons, and has not unreasonably information about his or her cooperation investigations or prosecutions of state or refused to assist in the investigation or on Form I–914. In determining whether local crimes also may have the prosecution of trafficking in persons. If an alien meets this element of T–1 opportunity to assist Federal law the applicant chooses not to include an nonimmigrant status eligibility, the enforcement or prosecuting agencies LEA endorsement, the Service will Service will look at the totality of the and therefore meet the requirements for make an independent assessment of any circumstances surrounding the alien’s eligibility for T–1 nonimmigrant status credible evidence presented, in involvement with the law enforcement under this section and the Act. accordance with this rule, to determine or prosecuting agency. if the applicant meets the cooperation The alien may provide any credible What Is the Law Enforcement Agency evidence to meet this prong of eligibility Endorsement? with law enforcement requirement. or any other prong of eligibility. A non- The LEA endorsement is Supplement exhaustive list of suggested forms of B, Declaration of a Law Enforcement
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When Will the Service Provide inadmissibility is one that can be of inadmissibility for aliens who are Information From the Form I–914, waived, the alien should apply for a likely to become a public charge. Application for the T Nonimmigrant waiver of the grounds of inadmissibility How Does a Victim of a Severe Form of Status, to Other Agencies? from the Service on Form I–192, Trafficking in Persons Apply for T–1 Application for Advance Permission to A victim’s confidentiality and his or Nonimmigrant Status? her safety, to the extent the law allows, Enter as Nonimmigrant (Pursuant to Section 212(d)(3) of the Immigration A victim of a severe form of will be considered when releasing trafficking in persons may apply information to Federal investigative and Nationality Act). Section 212(d)(3)(B) provides general authority directly to the Service for T–1 agencies and/or defendants. In for the Service to waive many grounds nonimmigrant status. The application accordance with 42 U.S.C. 10606, of inadmissibility for nonimmigrants. requires submission of a Form I–914, a Department of Justice employees will These waivers are not automatic, but $200 filing fee (plus $50 per immediate use their best efforts to see that victims may be granted in the exercise of its family member) or an application for a of Federal crimes are accorded the rights discretion. Form I–192 should be filed fee waiver, a fingerprinting fee, three due such victims, including the right to at the time of filing Form I–914. current identical color photographs, and be treated with fairness and with respect In the TVPA, Congress recognized evidence establishing each eligibility for their dignity and privacy, and the that victims of a severe form of requirement. All necessary materials right to be reasonably protected from trafficking in persons might need this should be compiled into one application accused offenders. specific relief from inadmissibility. package and submitted to the Director, However, the Service may provide the Section 107(e)(3) of the TVPA creates Vermont Service Center, 75 Lower information about any Federal crimes additional authority for the waiver of Welden Street, St. Albans, Vermont detailed to Federal investigative inadmissibility, at the discretion of the 05479–0001. agencies, such as the FBI, U.S. Attorney General, in the case of victims All applicants for T nonimmigrant Attorney’s office, or the Department’s of a severe form of trafficking in persons status must be fingerprinted for the Civil Rights or Criminal Divisions, or to if the Attorney General considers it to be purpose of conducting a criminal the Service’s Investigations unit. These in the national interest to do so. Under background check as part of the contacts may be for the purpose of new section 212(d)(13) of the INA, such application process. The Service assessing whether an alien has complied victims may receive a waiver on health- recognizes the importance of making with any reasonable request for related grounds (section 212(a)(1)) or on timely determinations of bona fide assistance, or to promote enforcement of public charge grounds (section applications in order for victims of the Federal laws against trafficking in 212(a)(4)). Section 212(d)(13) of the INA severe forms of trafficking to receive persons. also authorizes the Attorney General to critical health and other social services In addition, under established legal waive the criminal grounds of as soon as possible. After submitting an standards, the Department of Justice has inadmissibility in section 212(a)(2) of application with fee to the Service, the an obligation to provide statements by the INA and certain other grounds if the applicant will be notified of the proper witnesses and certain other documents activities rendering the alien time and location to appear for to defendants in pending criminal inadmissible were caused by or were fingerprinting. In 1997, Congress created proceedings. These obligations stem incident to the alien’s victimization. a new program that required the Service from constitutional, statutory, and other The reference to waiver of the public to have direct oversight of the legal requirements that pertain to the charge ground should be understood in fingerprint process and enabled the government’s duty to disclose light of another section of the TVPA— Service to add new technology for information, including exculpatory section 107(b)(1)(A) and (E)—which exchanging data with the FBI. As a evidence or impeachment material, to provides that victims of severe forms of result, the Service created the the defendant in order to prepare his or trafficking in persons who are over 18 Application Support Center (ASC) her defense. Accordingly, in any case years of age may be certified by the program, which is currently composed where the Department is prosecuting a Department of Health and Human of 133 offices located across the country. person for trafficking in persons Services (HHS) to receive certain In addition, state-of-the-art technology offenses involving that victim, the benefits and services ‘‘to the same and customized software have been Service will make appropriate extent as an alien who is admitted to the employed at these ASCs, permitting arrangements with the Department of United States as a refugee.’’ Victims of live-scan capture of fingerprints and Justice component responsible for a severe form of trafficking in persons automated transmission of fingerprints prosecution to ensure that information under age 18 also are eligible for to the FBI’s Integrated Automated in the victim’s application for T services to the same extent as refugees, Fingerprint Identification System nonimmigrant status and other but they do not have to be certified by (IAFIS) electronically. As a result of documents that fall within the scope of HHS. Under this provision, victims may these process and systems the Department’s legal obligations will receive certain benefits and services as enhancements, the Service has been be made available on a timely basis to if they were refugees, which might able to reduce the rate at which the FBI the Federal prosecutors. include cash assistance. Refugees are rejected these fingerprint cards from 40 provided with special humanitarian percent to 3 percent, and reduced the What Happens if an Applicant Is benefits because of their vulnerable overall FBI response time from Inadmissible Under One of the Grounds circumstances, and are exempt from approximately nine months to, in most in Section 212(a) of the Immigration virtually every aspect of the public cases, less than one day. The Service and Nationality Act? charge determination. For the purposes will continue to review fingerprint A principal or derivative applicant of receipt of public benefits, Congress processing operational performance and who is or becomes inadmissible under has recognized that victims of severe build upon ongoing enhancements in section 212(a) of the INA will not be forms of trafficking are in much the applicant scheduling, live-scan eligible for T nonimmigrant status same position as refugees, and therefore biometrics capture, and automated data unless the ground of inadmissibility is has provided specific authority for the exchange to ensure the overall waived by the Service. If the ground of Service to exempt them from the ground efficiency and timeliness of fingerprint
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processing. As part of the forthcoming need to file Form I–765, Application for Application for Employment final rulemaking, the Service will Employment Authorization, with the Authorization, in accordance with consider whether any systemic issues application package. Service policies and procedures. have arisen regarding the timeliness of Determination of a bona fide Once an application for T–1 application for T nonimmigrant status. background checks related to the nonimmigrant status is determined to be The Service will review the submitted administration of this program, and bona fide by the Service, an applicant information to ensure that the consider whether any improvements age 18 or older may apply to HHS to be application is complete and ready for need to be made by the Service to certified to receive certain benefits and ensure timely determinations of adjudication, which includes that the services to the same extent as refugees, whether an applicant has submitted a fingerprinting and criminal background as provided in section 107(b) of the bona fide application. checks are completed and that the submitted information presents prima TVPA. In order for the victim of a severe What Are the Stages Involved With the facie evidence for each eligibility form of trafficking in persons to be Application Process for T requirement. This determination of eligible, HHS must certify him or her to Nonimmigrant Status? whether there is prima facie evidence receive such benefits and services, There are several stages involved in will be made for T–1 applications, unless the victim is under the age of 18. the T nonimmigrant status application according to the eligibility standards for The Service notes that victims under age process: (1) The submission of an that status. If the application is 18 do not need to be certified, nor do application for T–1 nonimmigrant status sufficient, the application will be they need to submit a bona fide (which may be accompanied by determined to be a bona fide application application for T nonimmigrant status, applications for derivative T for T–1 nonimmigrant status. However, in order to receive such benefits and nonimmigrant status for immediate if the alien is inadmissible, the Service services. To be considered a victim and family members); (2) the Service’s will not consider the application to be therefore eligible for these benefits and determination of whether an application bona fide unless the ground of services, those under 18 must be for T nonimmigrant status is bona fide; inadmissibility is one under the determined to have been subjected to a and (3) the adjudication of the circumstances described in section severe form of trafficking in persons. application for T nonimmigrant status. 212(d)(13) of the INA, as added by The Service also notes that individuals The Service will approve an application section 107(e) of the TVPA, or unless who have received ‘‘continued for T–1 nonimmigrant status when room the Service already has granted a waiver presence’’ under section 107(c) of the is available under the cap for each fiscal of inadmissibility with respect to any TVPA may apply to HHS to be certified. year, or place the alien on the waiting other ground. All waivers are Adjudication of applications for T list (which will be carried over to discretionary and require a request for a nonimmigrant status. The Service has subsequent years) for the grant of a T– waiver. Under section 212(d)(13), centralized the adjudication process at 1 nonimmigrant status application if the however, an application can be bona its Vermont Service Center. This cap has been reached. The cap is not fide before the waiver is granted. This is centralization will allow adjudicators to affected by applications for derivative T not the case under other grounds of develop expertise in handling these nonimmigrant status. inadmissibility. cases and provide for uniformity in the Submission of an application for T–1 The Service will not consider an adjudication of these applications. If the nonimmigrant status. In the first stage of application that is incomplete to be Service finds that the alien has satisfied the process, the alien submits an bona fide until the applicant submits the requirements for T nonimmigrant application for T–1 nonimmigrant the necessary additional evidence to status. At this stage, the victim of a establish prima facie eligibility for each status, it will either grant T severe form of trafficking in persons required element of the T–1 nonimmigrant status or (in the case of provides evidence sufficient to nonimmigrant status. The Service will T–1 applicants who are subject to the demonstrate each required element notify the applicant regarding the annual cap) place the alien on a waiting necessary for the Service to issue T–1 additional evidence that needs to be list, as discussed below. nonimmigrant status. submitted in those circumstances, as In any case in which the Service A complete application includes provided in 8 CFR 103.2(b)(8). denies an application for T Form I–914, Application for the T Once an application is determined to nonimmigrant status, the applicant can Nonimmigrant Status; three identical be a bona fide application for T appeal to the Administrative Appeals color photographs; applicable fees or nonimmigrant status, the Service will Office (AAO) under procedures outlined applications for fee waivers; and all provide written confirmation to the in 8 CFR 103.3. evidence to fully support his or her applicant. The Service will use various Approval of T–1 nonimmigrant status claims to the four eligibility elements. means to prevent the removal of or placement on the waiting list for the An application also may include individuals who have filed bona fide grant of T–1 nonimmigrant status. If the Supplement A, Supplemental applications, such as deferred action, Service determines that there are Application of Immediate Family parole, and stay of removal, until the sufficient grounds to grant T–1 Members for T–1 Recipient, and Service issues a final decision on the nonimmigrant status, the Service will Supplement B, Declaration of a Law application. (Some victims of a severe send a notice of approval to the Enforcement Officer for Victim of form of trafficking in persons, however, applicant only if a T–1 nonimmigrant Trafficking in Persons of Form I–914, already may have been granted status number is available. When the Application for T Nonimmigrant Status, ‘‘continued presence’’ as provided in Service grants an application for T–1 and Form I–192, Application for section 107(c) of the TVPA and the Advance Permission to Enter as regulation implementing it. See 66 FR status, it will simultaneously grant Nonimmigrant, for a waiver of a ground 38514 (July 24, 2001) (codified at 28 employment authorization (if not of inadmissibility, if necessary. CFR 1100.35).) Individuals granted already obtained). An Employment Authorization deferred action, parole, or stay of In the event a number is not available, Document will be generated from the I– removal may be granted employment the Service will send the applicant a 914 information. The applicant does not authorization by filing Form I–765, notice of placement on the waiting list.
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What Will Happen if There Are More their work authorization documents, as 765, and, if granted, receive work Eligible T–1 Applicants Than the needed. authorization. Number Available for the Year? While on the waiting list, the T–1 What Is the Duration of the T applicant will remain in his or her Nonimmigrant Status? According to the TVPA, there is a current immigration status (deferred 5,000-person limit to the number of action, parole, stay of removal, or other T nonimmigrant status will be granted individuals who can be granted T–1 immigration status) and will retain for 3 years. This period of stay is timed status per fiscal year (from October 1 eligibility for employment to coordinate with the separate statutory through September 30). Once the authorization, subject to any conditions authority for adjustment of status. An numerical limit has been reached in a placed on that authorization, until new alien in T nonimmigrant status is particular fiscal year, all pending and numbers for T–1 nonimmigrant status eligible to apply for adjustment of status subsequently submitted applications become available in a subsequent fiscal to that of a legal permanent resident will continue to be reviewed in the year. under the criteria listed in section 107(f) normal process to determine eligibility, of the TVPA and forthcoming Service but the Service will not grant T–1 How Will the Revocation of a T–1 Status regulations. Should an alien with T nonimmigrant status prior to the Affect the Annual Cap? nonimmigrant status leave the United beginning of the next fiscal year. States during the 3 years prior to The revocation of a T–1 status will Eligible applicants who are not granted applying for lawful permanent have no effect on the annual cap. Once T–1 status due solely to the numerical residence, he or she must file a Form I– a T–1 status is granted, it will be limit shall be placed on a waiting list to 131, Application for Travel Document, deemed to have been used and cannot be maintained by the Service. In the before departing the United States to be used again. The Service considered event a number is not available, the obtain advanced parole in order to re-using the T–1 status but determined Service will send the applicant a notice return to the United States. This it would be infeasible to track, of placement on the waiting list. requirement is true for T–1 principal especially if the T–1 status were granted Applicants on the waiting list will be aliens as well as family members in several years ago and the individual given priority the following fiscal year derivative T–2, T–3, or T–4 status. were waiting for adjustment to lawful based on the date the application was The T nonimmigrant status is not permanent resident status. The Service properly filed. Each year, as new renewable. If the alien properly files for concluded that tracking when T–1 numbers for the T–1 nonimmigrant adjustment of status to that of a person classifications are granted and then status become available, the Service will admitted for permanent residence trying to backfill the numbers with grant them to applicants on the waiting within the 90-day period immediately additional grants or provide grants list. preceding the third anniversary of the above the annual cap would put undue date of the approval of the alien’s Form Eligible applicants on the waiting list burden on the Service. I–914, the alien shall continue to be in must be admissible at the time status is a T nonimmigrant status with all the granted. Eligible applicants on the When Can a T–1 Nonimmigrant Apply rights, privileges, and responsibilities waiting list may be asked to resubmit for Derivative Status for Family provided to a person possessing such fingerprints (and pay the appropriate Members? status, including employment fee) and photographs because of the An applicant for T–1 status may apply authorization, until such time as a final passage of time between their for derivative T nonimmigrant status, at decision is rendered on the alien’s submission and the date a the time of the original T–1 application, adjustment of status. At the time an nonimmigrant status becomes available. for his or her spouse (T–2) or child (T– alien is approved for T nonimmigrant After the Service has granted T–1 status 3), or in the case of a child who is status, the Service shall notify the alien to applicants on the waiting list, the applying for T–1 status, the child’s that his or her nonimmigrant status will Service will continue to grant parents (T–4). An applicant for T–1 expire in 3 years from the date of the applications, up to the annual limit, to status or an alien who has been granted approval of the alien’s Form I–914, and new applicants in the order in which T–1 nonimmigrant status also may that if the alien wishes to apply to each application was properly filed. apply at a later date by filing a separate adjust status, the alien must apply Will T–1 Applicants Be Removed From Form I–914 and attachments. within the 90-day period immediately the United States While on the Waiting Applications for derivative status must preceding the expiration of T List? be accompanied by the required nonimmigrant status. attachments, such as fingerprints, The Service will use various means to photographs, and fees. What Is the Fee for an Application for prevent the removal of T–1 applicants T Nonimmigrant Status? How Will the Service Adjudicate on the waiting list, and their family Applications for Derivative Status of In the Departments of Commerce, members who are eligible for derivative Family Members of a Victim of a Severe Justice, and State, the Judiciary, and T status, including its existing authority Form of Trafficking in Persons? Related Agencies Appropriation Act, to grant deferred action, parole, and stay 1989, Pub. L. 100–459, Sec. 209, 102 of removal. However, an applicant may The annual limitation does not apply Stat. 2186, 2203 (1988), Congress be removed, and his or her application to immediate family members who are mandated that the Service prescribe and denied, for conduct that occurs while an granted derivative T–2, T–3, or T–4 collect fees to recover the cost of alien is on the waiting list or for not status. However, the Service will not providing certain immigration and disclosing relevant information at the grant an application for derivative T naturalization benefits. Congress has not time of filing. During this time, status until the principal alien has been provided appropriated funds to pay for applicants for T status who are granted granted T–1 status. Once the principal nonimmigrant classification programs. deferred action or stay of removal will alien is granted T–1 nonimmigrant The Service has determined that the not accrue unlawful presence under status, eligible family members who fee for filing Form I–914, Application section 212(a)(6) or (9) of the INA. receive a derivative status can apply for for the T Nonimmigrant Status, is $200. Applicants also will be able to renew employment authorization on Form I– An applicant for T–1 status also will be
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able to request derivative T has been further reduced to reflect saved Does Applying for T Nonimmigrant nonimmigrant status for eligible family adjudication expenses and to take into Status Prevent the Applicant From members for an additional fee of $50 for account that only the T principal’s EAD Applying for Other Types of each person included in the same is incident to status. Based on these Immigration Benefits? application, up to a maximum amount calculations, the Service set the fee at No. An alien may apply for any and of $400. $200. The addition of $50 for each all immigration benefits for which the Applications for immediate family additional person included on the form alien may be eligible. However, an alien members filed subsequent to the T–1 was based on a comparison of the I–914 may not hold more than one principal’s application will be process to the processing of Form I–687, nonimmigrant status at a time. Nothing considered a new filing and will require Application for Status as Temporary in this regulation or in the TVPA limits the full fee of $200 for the first family Resident, which also requires an a qualified applicant from seeking other member and $50 for each additional additional fee of $50 per additional immigration benefits while pursuing T family member, up to a maximum person on the application. The Service status. In addition, aliens granted amount of $400. conducts evaluations of the required continued presence may be eligible to fees every two years to ensure that they Are Fee Waivers Available? receive certain benefits and services are fair and accurate. The fee charged authorized by section 107(b)(1) of the The Service recognizes that many for the Form I–914 will be reviewed TVPA. applicants for T nonimmigrant status periodically and adjusted, as may be unable to pay the full appropriate. Can a Victim Who Is in Exclusion, application fee. Applicants who are May T–1 Applicants and Applicants for Deportation, or Removal Proceedings financially unable to pay the application Before an Immigration Judge or the fee may submit an application for a fee T Derivative Status Apply From a Foreign Country? Board of Immigration Appeals (Board) waiver, as outlined in 28 CFR 103.7(c). Apply for T Nonimmigrant Status? The granting of a fee waiver will be at Applicants for T–1 status must be the sole discretion of the Service. physically present in the United States Jurisdiction over all applications for T Further guidance on fee waivers can be at the time of application. However, the nonimmigrant status rests with the found on the INS Web site currently at T–1 principal alien may apply to the Service. However, a victim of a severe http://www.ins.gov/graphics/formsfee/ Service for derivative T nonimmigrant form of trafficking in persons who is forms/index.htm#waiver. status on behalf of immediate family currently in proceedings before an In addition to the filing fee for the members who are following to join the immigration judge or the Board may Form I–914, applicants will have to T–1 principal. The Service may approve request Service counsel to consent to submit the established fee for applications for T–2, T–3, or T–4 status having the proceedings administratively fingerprinting services for each person for eligible immediate family members closed (or that a motion to reopen or between the ages of 14 and 79 years if they are admissible to the United motion to reconsider be indefinitely inclusive with each application. This States and can meet the requirement to continued) in order to allow the alien to fee is currently $25 per person, and is demonstrate extreme hardship. If the pursue an application for T not subject to a fee waiver. The Service Service grants the application for nonimmigrant status with the Service. has published a final rule to increase derivative T nonimmigrant status for As noted above, in order to be eligible this amount to $50 per person, which aliens who are currently abroad, the for T nonimmigrant status, the alien takes effect February 19, 2002. See 66 Service will notify the appropriate must demonstrate that he or she is FR 65811 (Dec. 21, 2001) (final rule consular office and make arrangements admissible to the United States, or must adjusting fees for the Immigration for the issuance of the necessary visas obtain a waiver of inadmissibility from Examinations Fee Account). for admission of those eligible family the Service. An application from an members. alien who is inadmissible on grounds How Did the Service Arrive at the Fee other than under the circumstances Amount? Can Victims of a Severe Form of specified in section 212(d)(13) of the The Service arrived at the fee amount Trafficking in Persons That Occurred INA will not be considered to be bona by comparing the process requirements Prior to the Enactment of the TVPA fide unless the Service has granted a of the new I–914 with existing Apply for a T Nonimmigrant waiver of those other grounds. adjudication procedures. The Classification? Accordingly, the Service will consider adjudication of the I–914 will be very Yes. Victims of a severe form of consenting to the administrative closure similar to that of the I–360, Petition for trafficking in persons whose of the immigration proceedings for the a Special Immigrant. The application victimization occurred prior to purpose of filing an application for T also will be used to generate an enactment of the TVPA on October 28, nonimmigrant status only if there is a Employment Authorization Document 2000, may file a completed application. good reason to believe that the alien will (EAD), taking the place of a separate I– The Service recommends that victims be able to satisfy the eligibility 765, Application for Employment file applications as soon as possible requirements for the T status, including Authorization. The fee for the I–360 is because delays could result in difficulty admissibility. (The Service notes, $110, and the fee for the I–765 is $100. in establishing statutory eligibility however, that it may arrange for the These fees are scheduled to be increased requirements. Section 214.11(d)(4) of continued presence in the United States to $130 and $120 respectively on this rule provides that, if the of a victim of a severe form of trafficking February 19, 2002. The sum of the two victimization occurred prior to the in persons, pursuant to 28 CFR 1100.35, fees ($250) is reduced to $240 to reflect enactment of the TVPA, the alien must during such time as an LEA has that only one form needs handling and file the application for T–1 status within requested the alien’s presence in the tracking. Furthermore, there is no one year of the effective date of this United States for purposes of separate adjudication required for rule, except in exceptional investigating and prosecuting acts of employment authorization for T circumstances or within one year after severe forms of trafficking in persons. principals, who are authorized to work the victim reaches his or her 21st The Service will not act to remove an incident to status. As a result, this fee birthday, whichever comes later. alien from the United States until the
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law enforcement need for the alien’s T status meets the requirements for a removal in accordance with Service continued presence has come to an end bona fide application, the Service will policy. or the alien has violated the terms of the automatically stay execution of the final Regulatory Procedures continued presence.) order of deportation, exclusion, or The Service also acknowledges that, removal. Such a stay remains in effect Good Cause Exception in some cases, an alien who is in until a final decision is made on the T This interim rule is effective 30 days immigration proceedings may be able to application. If the T application is from the date of publication. The file a bona fide application for T denied, the stay of the final order is Service invites post-promulgation nonimmigrant status. With respect to deemed lifted as of the date of such a comments and will address any such the medical and public charge grounds denial, without regard to whether the comments in a final rule. The of inadmissibility, and certain other alien appeals the denial. However, the Department finds that good cause exists grounds of inadmissibility that were alien may apply for a discretionary stay for adopting this rule without the prior caused by or are incident to the alien’s of removal from the Service as provided notice and comment period ordinarily victimization, section 212(d)(13) of the in § 241.6(a). required by 5 U.S.C. 553(b), because, in INA provides additional authority for If the application for T nonimmigrant light of the public safety implications of the waiver of these grounds in the case status is granted, the final order shall be of applicants for T nonimmigrant status. deemed canceled by operation of law as the rule, giving prior notice and For example, a victim of a severe form of the date of the approval. opportunity for comment would be of trafficking in persons who had been contrary to the public interest. What Happens to Victims of Severe In passing the TVPA, Congress forced into prostitution may well be Forms of Trafficking in Persons Arriving intended to create a broad range of tools able to make a bona fide application for at a Port of Entry Who Are Subject to to be used by the Federal government to T–1 status even though the alien has Expedited Removal? combat the serious and immediate been placed into removal proceedings on grounds relating to those prostitution Expedited removal applies to an problem of trafficking in persons. The activities. ‘‘arriving alien’’, as defined in 8 CFR provisions of the TVPA address the With the concurrence of Service 1.1(q), when the alien is inadmissible effect of severe forms of trafficking in counsel, if the alien appears eligible for pursuant to section 212(a)(6)(C) or persons on victims, including many T nonimmigrant status, the immigration 212(a)(7) of the INA. Current Service who may not have legal status and are judge or the Board, whichever has procedures protect and provide services reluctant to cooperate. In trafficking in jurisdiction, may administratively close to victims of a severe form of trafficking persons situations, perpetrators often the proceeding or continue a motion to in persons when Federal law target individuals who are likely to be reopen or motion to reconsider enforcement officials encounter such particularly vulnerable and unfamiliar indefinitely. In the event the Service victims, including those aliens arriving with their surroundings. The TVPA subsequently denies the alien’s at ports of entry. 28 CFR 1100.31. In strengthens the ability of government application for T nonimmigrant status, addition, the Service is developing officials to investigate and prosecute the Service will recommence screening procedures to ensure that trafficking in persons crimes by proceedings that have been arriving aliens who are subject to the providing for temporary immigration administratively closed by filing a statutory provisions for expedited benefits to victims of severe forms of motion to re-calendar with the removal at ports of entry will, when trafficking in persons. This interim rule Immigration Court or a motion to applicable, be considered for T implements a legal nonimmigrant reinstate with the Board. nonimmigrant status. An alien subject to immigration status for eligible victims expedited removal who expresses that who have not refused any reasonable Can a Victim of Trafficking in Persons he or she is a victim of a severe form request to assist in the investigation or With a Final Order of Exclusion, of trafficking in persons will be prosecution of a crime and can Deportation, or Removal Apply for T interviewed by a Service officer demonstrate that they would suffer Nonimmigrant Status? immediately to determine whether there extreme hardship involving severe and An alien who is the subject of a final is reason to believe the individual is unusual harm if removed from the order is not precluded from filing an such a victim. Following such a United States. Under section 107(b) of application for T nonimmigrant status determination, the victim will be the TVPA, the filing of a bona fide directly with the Service. In order to be referred to a District Office and will be application for T nonimmigrant status eligible, an applicant for T interviewed by a Service officer provides a basis to seek certification of nonimmigrant status must be admissible responsible for investigating trafficking the alien for purposes of eligibility for to the United States, and the Service in persons within 7 days of arrival to certain public benefits. In addition, this notes that few aliens who are the subject determine whether the individual has a regulation provides certain victims with of a final order of exclusion, deportation credible claim to victimization. The work authorization so that they may or removal will be able to satisfy that Service may inform an LEA that also seek lawful employment. Without the requirement. Thus, in general, the filing investigates or prosecutes trafficking in prompt promulgation of this rule, of an application for T nonimmigrant persons about the individual’s claim. If victims of severe forms of trafficking in status will have no effect on the status the alien has a credible claim to persons might continue to be victimized of an alien who is subject to a final victimization, he or she will be given for fear of coming forward, thus order. the opportunity to submit an hindering the ability of law enforcement In those cases where the only basis for application for T status pursuant to to investigate and prosecute cases and the final order of removal is one of the section 101(a)(15)(T) of the INA and any preventing victims from obtaining grounds of inadmissibility described in other benefit or protection for which critical assistance and benefits. section 212(d)(13) of the INA, the alien they may be eligible. An arriving alien The issuance of these regulations as may be able to file a meritorious determined not to have a credible claim an interim rule effective 30 days after application for T nonimmigrant status. to being a victim of a severe form of publication will allow victims to receive If the Service determines, as provided in trafficking in persons in the United needed benefits and assistance as soon this rule, that an alien’s application for States will be subject to expedited as possible. The 30-day delay in the
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effective date will provide a brief Executive Order 12866 8 CFR Part 214 interim period in which forms, This rule is considered by the Administrative practice and informational brochures, and other Department of Justice to be a significant procedure, Aliens, Cultural exchange guidance will be made available to regulatory action under Executive Order programs, Employment, Foreign Federal, state, tribal and local law 12866, section 3(f), Regulatory Planning officials, Health professions, Reporting enforcement officers and officials as and Review. Accordingly, this and recordkeeping requirements, well as non-profit victims rights and regulation has been submitted to the Students, Victims. services groups. Because prior notice Office of Management and Budget for 8 CFR Part 274a and comment with respect to this review. interim rule is contrary to the public Administrative practice and interest, given the public safety Paperwork Reduction Act procedure, Aliens, Employment, implications of this rule, there is ‘‘good The information collection Penalties, Reporting and recordkeeping cause’’ under 5 U.S.C. 553 to make this requirements contained in this rule have requirements. rule effective March 4, 2002. been cleared by the Office of 8 CFR Part 299 Management and Budget (OMB) under Regulatory Flexibility Act the provisions of the Paperwork Immigration, Reporting and In accordance with the Regulatory Reduction Act. Clearance numbers for recordkeeping requirements. Flexibility Act (5 U.S.C. 605(b)), the these collections are contained in 8 CFR Accordingly, chapter I of title 8 of the Attorney General, by approving this 299.5, Display Control Numbers, and are Code of Federal Regulations is amended regulation, certifies that this rule will noted herein. Form I–131, Application as follows: not have a significant economic impact for Travel Document, OMB Control on a substantial number of small Number 1115–0062; Form I–192, PART 103—POWERS AND DUTIES OF entities. The Attorney General has Application for Advance Permission to SERVICE OFFICERS; AVAILABILITY reviewed this regulation in light of its Enter as Nonimmigrant, OMB Control OF SERVICE RECORDS potential impact on small businesses. Number 1115–0028; Form I–765, Application for Employment 1. The authority citation for part 103 The businesses that would be most continues to read as follows: significantly affected by this rule would Authorization, OMB Control Number be those in which the illegal act of 1115–0163. In addition, one new Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; E.O trafficking in persons contributed to, or Service form, Form I–914, Application for T Nonimmigrant Status, has received 12356, 47 FR 14874, 15557, 3 CFR, 1982 composed the majority of, their Comp., p. 166; 8 CFR part 2. workforce. The human rights and clearance from OMB and was assigned criminal issues associated with such OMB Control Number 1115–0246. 2. Section 103.1 is amended by: trafficking in persons are seen as more Executive Order 13132 a. Revising paragraph (f)(3))(iii)(W); significant than the impact on small b. Removing the word ‘‘and’’ at the This rule will not have a substantial businesses that are dependent on illegal end of paragraph (f)(3)(iii)(MM); direct effect on the States, on the or coerced labor in violation of United c. Removing the period at the end of relationship between the National States law. paragraph (f)(3)(iii)(NN) and adding ‘‘; Government and the States, or on the and’’ in its place; and by Unfunded Mandates Reform Act of distribution of power and d. Adding a new paragraph 1995 responsibilities among the various (f)(3)(iii)(OO) to read as follows: levels of government. Therefore, in This rule will not result in the accordance with section 6 of Executive § 103.1 Delegation of authority. expenditure by state, local and tribal Order 13132, it is determined that this * * * * * governments, in the aggregate, or by the rule does not have sufficient Federalism (f) * * * private sector, of $100 million or more implications to warrant the preparation (3) * * * in one year, and it will not significantly of a Federalism summary impact (iii) * * * or uniquely affect small governments. statement. (W) Revoking approval of certain Therefore, no actions were deemed applications, as provided in §§ 214.2, necessary under the provisions of the Executive Order 12988 Civil Justice 214.6, and 214.11 of this chapter; Reform Unfunded Mandates Reform Act of * * * * * 1995. This final rule meets the applicable (OO) Applications for T standards set forth in sections 3(a) and Small Business Regulatory Enforcement nonimmigrant status under § 214.11 of 3(b)(2) of Executive Order 12988. Fairness Act of 1996 this chapter. List of Subjects * * * * * This rule is not a major rule as 3. Section 103.7(b)(1) is amended by 8 CFR Part 103 defined by section 251 of the Small adding, in proper alpha/numeric Business Regulatory Enforcement Act of Administrative practice and sequence, a new Form ‘‘I–914,’’ to read 1996. 5 U.S.C. 804. This rule will not procedure, Authority delegations as follows: result in an annual effect on the (Government agencies), Freedom of economy of $100 million or more; a information, Privacy, Reporting and § 103.7 Fees. major increase in costs or prices; or recordkeeping requirements, Surety * * * * * significant adverse effects on bonds. (b) * * * competition, employment, investment, (1) * * * productivity, innovation, or on the 8 CFR Part 212 Form I–914. For filing an application ability of United States-based Administrative practice and to classify an alien as a nonimmigrant companies to compete with foreign- procedure, Aliens, Immigration, under section 101(a)(15)(T) of the Act based companies in domestic and Passports and visas, Reporting and (victims of a severe form of trafficking export markets. recordkeeping requirements. in persons and their immediate family
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members)—$200. For each immediate application for T nonimmigrant status (d) Revocation. The Commissioner family member included on the same shall submit Form I–192, with the may at any time revoke a waiver application, an additional fee of $50 per appropriate fee in accordance with previously authorized under section person, up to a maximum amount § 103.7(b)(1) of this chapter or an 212(d) of the Act. Under no payable per application of $400. application for a fee waiver, to the circumstances shall the alien or any * * * * * Service with the completed Form I–914 party acting on his or her behalf have a application package for status under right to appeal from a decision to revoke PART 212—DOCUMENTARY section 101(a)(15)(T)(i) of the Act. a waiver. (b) Treatment of waiver application. REQUIREMENTS: NONIMMIGRANTS; PART 214—NONIMMIGRANT CLASSES WAIVERS; ADMISSION OF CERTAIN (1) The Service shall determine whether a ground of inadmissibility exists with INADMISSIBLE ALIENS; PAROLE 7. The authority citation for part 214 respect to the alien applying for T is revised to read as follows: 4. The authority citation for part 212 nonimmigrant status. If a ground of continues to read as follows: inadmissibility is found, the Service Authority: 8 U.S.C. 1101, 1101 note, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282; Authority: 8 U.S.C. 1101, 1102, 1103, 1182, shall determine if it is in the national interest to exercise discretion to waive Section 643 of Pub. L. 104–208, 110 Stat. 1184, 1187, 1225, 1226, 1227; 8 CFR part 2. 3009–708; Pub. L. 106–386, 114 Stat. 1477– the ground of inadmissibility, except for 5. Section 212.1 is amended by 1480; Section 141 of the Compacts of Free grounds of inadmissibility based upon Association with the Federated States of revising paragraph (g) and adding a new sections 212(a)(3), 212(a)(10)(C) and paragraph (o), to read as follows: Micronesia and the Republic of the Marshall 212(a)(10)(E) of the Act, which the Islands, and with the Government of Palau, § 212.1 Documentary requirements for Commissioner may not waive. Special 48 U.S.C. 1901 note, and 1931 note, nonimmigrants. consideration will be given to the respectively; 8 CFR part 2. granting of a waiver of a ground of * * * * * 8. Section 214.1 is amended by: (g) Unforeseen emergency. A inadmissibility where the activities a. Removing the ‘‘and’’ at the end of nonimmigrant seeking admission to the rendering the alien inadmissible were paragraph (a)(1)(vi); United States must present an caused by or incident to the b. Removing the period at the end of unexpired visa and a passport valid for victimization described under section paragraph (a)(1)(vii) and adding ‘‘;’’ in the amount of time set forth in section 101(a)(15)(T)(i) of the Act. its place; 212(a)(7)(B) of the Act, or a valid border (2) In the case of applicants c. Adding paragraph (a)(1)(viii); and crossing identification card at the time inadmissible on criminal and related by of application for admission, unless the grounds under section 212(a)(2) of the d. Adding in proper numeric/ nonimmigrant satisfies the requirements Act, the Service will only exercise its alphabetical sequence in paragraph described in one or more of the discretion in exceptional cases unless (a)(2) the classification designations, to paragraphs (a) through (f), (i), or (o) of the criminal activities rendering the read as follows: this section. Upon a nonimmigrant’s alien inadmissible were caused by or were incident to the victimization § 214.1 Requirements for admission, application on Form I–193, a district extension, and maintenance of status. director at a port of entry may, in the described under section 101(a)(15)(T)(i) exercise of his or her discretion, on a of the Act. (a) * * * case-by-case basis, waive the (3) An application for waiver of a (1) * * * (viii) Section 101(a)(15)(T)(ii) is documentary requirements, if satisfied ground of inadmissibility for T divided into (T)(ii), (T)(iii) and (T)(iv) that the nonimmigrant cannot present nonimmigrant status (other than under for the spouse, child, and parent, the required documents because of an section 212(a)(6) of the Act) will be respectively, of a nonimmigrant unforeseen emergency. The district granted only in exceptional cases when classified under section 101(a)(15)(T)(i); director or the Deputy Commissioner the ground of inadmissibility would and may at any time revoke a waiver prevent or limit the ability of the (2) * * * previously authorized pursuant to this applicant to adjust to permanent paragraph and notify the nonimmigrant resident status after the conclusion of 3 * * * * * in writing to that effect. years. 101(a)(15)(T)(i)—T–1 * * * * * (4) The Service shall have sole 101(a)(15)(T)(ii)—T–2 (o) Alien in T–2 through T–4 discretion to grant or deny a waiver, and 101(a)(15)(T)(iii)—T–3 101(a)(15)(T)(iv)—T–4 classification. Individuals seeking T–2 there shall be no appeal of a decision to through T–4 nonimmigrant status may deny a waiver. However, nothing in this * * * * * avail themselves of the provisions of paragraph (b) is intended to prevent an 9. A new § 214.11 is added to read as paragraph (g) of this section, except that applicant from re-filing a request for a follows: the authority to waive documentary waiver of a ground of inadmissibility in requirements resides with the Service appropriate cases. § 214.11 Alien victims of severe forms of Center. (c) Incident to victimization. When an trafficking in persons. applicant for status under section 6. Section 212.16 is added, to read as (a) Definitions. The Service shall 101(a)(15)(T) of the Act seeks a waiver follows: apply the following definitions as of a ground of inadmissibility under provided in sections 103 and 107(e) of § 212.16 Applications for exercise of section 212(d)(13) of the Act on grounds the Trafficking Victims Protection Act discretion relating to T nonimmigrant other than those described in sections (TVPA) with due regard for the status. 212(a)(1) and (a)(4) of the Act, the definitions and application of these (a) Filing the waiver application. An applicant must establish that the terms in 28 CFR part 1100 and the alien applying for the exercise of activities rendering him or her provisions of chapter 77 of title 18, discretion under section 212(d)(13) or inadmissible were caused by, or were United States Code: (d)(3)(B) of the Act (waivers of incident to, the victimization described Bona fide application means an inadmissibility) in connection with an in section 101(a)(15)(T)(i)(I) of the Act. application for T–1 nonimmigrant status
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as to which, after initial review, the include the following components of the section 214(n) of the Act, the Service Service has determined that there Department of Justice: the United States may classify an alien, if otherwise appears to be no instance of fraud in the Attorneys’ Offices, the Civil Rights and admissible, as a T–1 nonimmigrant if application, the application is complete, Criminal Divisions, the Federal Bureau the alien demonstrates that he or she: properly filed, contains an LEA of Investigation (FBI), the Immigration (1) Is or has been a victim of a severe endorsement or credible secondary and Naturalization Service (Service), form of trafficking in persons; evidence, includes completed and the United States Marshals Service. (2) Is physically present in the United fingerprint and background checks, and The Diplomatic Security Service, States, American Samoa, or the presents prima facie evidence to show Department of State, also is an LEA. Commonwealth of the Northern Mariana eligibility for T nonimmigrant status, Law Enforcement Agency (LEA) Islands, or at a port-of-entry thereto, on including admissibility. endorsement means Supplement B, account of such trafficking in persons; Child means a person described as Declaration of Law Enforcement Officer (3) Either: such in section 101(b)(1) of the Act. for Victim of Trafficking in Persons of (i) Has complied with any reasonable Coercion means threats of serious Form I–914, Application for T request for assistance in the harm to or physical restraint against any Nonimmigrant Status. investigation or prosecution of acts of person; any scheme, plan, or pattern Peonage means a status or condition such trafficking in persons, or intended to cause a person to believe of involuntary servitude based upon real (ii) Is less than 15 years of age; and that failure to perform an act would or alleged indebtedness. (4) Would suffer extreme hardship result in serious harm to or physical Reasonable request for assistance involving unusual and severe harm restraint against any person; or the means a reasonable request made by a upon removal, as described in abuse or threatened abuse of the legal law enforcement officer or prosecutor to paragraph (i) of this section. process. a victim of a severe form of trafficking (c) Aliens ineligible for T Commercial sex act means any sex act in persons to assist law enforcement nonimmigrant status. No alien, on account of which anything of value authorities in the investigation or otherwise admissible, shall be eligible to is given to or received by any person. prosecution of the acts of trafficking in receive a T nonimmigrant status under Debt bondage means the status or persons. The ‘‘reasonableness’’ of the section 101(a)(15)(T) of the Act if there condition of a debtor arising from a request depends on the totality of the is substantial reason to believe that the pledge by the debtor of his or her circumstances taking into account alien has committed an act of a severe personal services or of those of a person general law enforcement and form of trafficking in persons. under his or her control as a security for prosecutorial practices, the nature of the (d) Application procedures for T debt, if the value of those services as victimization, and the specific status. reasonably assessed is not applied circumstances of the victim, including (1) Filing an application. An toward the liquidation of the debt or the fear, severe traumatization (both mental applicant seeking T nonimmigrant length and nature of those services are and physical), and the age and maturity status shall submit, by mail, a complete not respectively limited and defined. of young victims. application package containing Form I– Immediate family member means the Severe forms of trafficking in persons 914, Application for T Nonimmigrant spouse or a child of a victim of a severe means sex trafficking in which a Status, along with all necessary form of trafficking in persons, and, in commercial sex act is induced by force, supporting documentation, to the the case of a victim of a severe form of fraud, or coercion, or in which the Service. trafficking in persons who is under 21 person induced to perform such act has (2) Contents of the application years of age, a parent of the victim. not attained 18 years of age; or the package. In addition to Form I–914, an Involuntary servitude means a recruitment, harboring, transportation, application package must include the condition of servitude induced by provision, or obtaining of a person for following: means of any scheme, plan, or pattern labor or services, through the use of (i) The proper fee for Form I–914 as intended to cause a person to believe force, fraud, or coercion for the purpose provided in § 103.7(b)(1) of this chapter, that, if the person did not enter into or of subjection to involuntary servitude, or an application for a fee waiver as continue in such condition, that person peonage, debt bondage, or slavery. provided in § 103.7(c) of this chapter; or another person would suffer serious Sex trafficking means the recruitment, (ii) Three current photographs; harm or physical restraint; or the abuse harboring, transportation, provision, or (iii) The fingerprint fee as provided in or threatened abuse of legal process. obtaining of a person for the purpose of § 103.7(b)(1) of this chapter; Accordingly, involuntary servitude a commercial sex act. (iv) Evidence demonstrating that the includes ‘‘a condition of servitude in TVPA means the Trafficking Victims applicant is a victim of a severe form of which the victim is forced to work for Protection Act of 2000, Division A of the trafficking in persons as set forth in the defendant by the use or threat of VTVPA, Pub. L. 106–386. paragraph (f) of this section; physical restraint or physical injury, or United States means the continental (v) Evidence that the alien is by the use or threat of coercion through United States, Alaska, Hawaii, Puerto physically present in the United States law or the legal process. This definition Rico, Guam, and the United States on account of a severe form of encompasses those cases in which the Virgin Islands. trafficking in persons as set forth in defendant holds the victim in servitude Victim of a severe form of trafficking paragraph (g) of this section; by placing the victim in fear of such in persons means an alien who is or has (vi) Evidence that the applicant has physical restraint or injury or legal been subject to a severe form of complied with any reasonable request coercion.’’ (United States v. Kozminski, trafficking in persons, as defined in for assistance in the investigation or 487 U.S. 931, 952 (1988)). section 103 of the VTVPA and in this prosecution of acts of severe forms of Law Enforcement Agency (LEA) section. trafficking in persons, as set forth in means any Federal law enforcement VTVPA means the Victims of paragraph (h) of this section, or has not agency that has the responsibility and Trafficking and Violence Protection Act attained 15 years of age; and authority for the detection, of 2000, Pub. L. 106–386. (vii) Evidence that the applicant investigation, or prosecution of severe (b) Eligibility. Under section would suffer extreme hardship forms of trafficking in persons. LEAs 101(a)(15)(T)(i) of the Act, and subject to involving unusual and severe harm if he
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or she were removed from the United (7) Failure to appear for an interview redetermination will be governed by the States, as set forth in paragraph (i) of or failure to follow fingerprinting provisions of part 236 of this chapter. this section. requirements. (9) T applicants with final orders of (3) Evidentiary standards. The (i) Failure to appear for a scheduled exclusion, deportation or removal. An applicant may submit any credible interview without prior authorization or alien who is the subject of a final order evidence relevant to the essential to comply with fingerprint processing is not precluded from filing an elements of the T nonimmigrant status. requirements may result in the denial of application for T–1 nonimmigrant status Original documents or copies may be the application. directly with the Service. The filing of submitted as set forth in § 103.2(b)(4) (ii) Failure to appear shall be excused an application for T nonimmigrant and (b)(5) of this chapter. Any if the notice of the interview or status has no effect on the Service’s document containing text in a foreign fingerprint appointment was not mailed execution of a final order, although the language shall be submitted in to the applicant’s current address and alien may file a request for stay of accordance with § 103.2(b)(3) of this such address had been provided to the removal pursuant to § 241.6(a) of this chapter. Service unless the Service determines chapter. However, if the Service (4) Filing deadline in cases in which that the applicant received reasonable subsequently determines, under the victimization occurred prior to October notice of the appointment. The procedures of this section, that the 28, 2000. Victims of a severe form of applicant must notify the Service of any application is bona fide, the Service will trafficking in persons whose change of address in accordance with automatically stay execution of the final victimization occurred prior to October § 265.1 of this chapter prior to the date order of deportation, exclusion, or 28, 2000 must file a completed on which the notice of the interview or removal, and the stay will remain in application within one (1) year of fingerprint appointment was mailed to effect until a final decision is made on January 31, 2002 in order to be eligible the applicant. the T–1 application. The time during to receive T–1 nonimmigrant status. If (iii) Failure to appear at the interview which such a stay is in effect shall not be counted in determining the the victimization occurred prior to or fingerprint appointment may be reasonableness of the duration of the October 28, 2000, an alien who was a excused, at the discretion of the Service, alien’s continued detention under the child at the time he or she was a victim if the applicant promptly contacts the standards of § 241.4 of this chapter. If of a severe form of trafficking in persons Service and demonstrates that such the T–1 application is denied, the stay must file a T status application within failure to appear was the result of of the final order is deemed lifted as of one (1) year of his or her 21st birthday, exceptional circumstances. the date of such denial, without regard or one (1) year of January 31, 2002, (8) Aliens in pending immigration to whether the alien appeals the whichever is later. For purposes of proceedings. Individuals who believe decision. If the Service grants an determining the filing deadline, an act they are victims of severe forms of application for T nonimmigrant status, of severe form of trafficking in persons trafficking in persons and who are in the final order shall be deemed canceled will be deemed to have occurred on the pending immigration proceedings must by operation of law as of the date of the last day in which an act constituting an inform the Service if they intend to approval. element of a severe form of trafficking apply for T nonimmigrant status under (e) Dissemination of information. In in persons, as defined in paragraph (a) this section. With the concurrence of appropriate cases, and in accordance of this section, occurred. If the applicant Service counsel, a victim of a severe with Department of Justice policies, the misses the deadline, he or she must form of trafficking in persons in Service shall make information from show that exceptional circumstances proceedings before an immigration applications for T–1 nonimmigrant prevented him or her from filing in a judge or the Board of Immigration status available to other Law timely manner. Exceptional Appeals (Board) may request that the Enforcement Agencies (LEAs) with the circumstances may include severe proceedings be administratively closed authority to detect, investigate, or trauma, either psychological or (or that a motion to reopen or motion to prosecute severe forms of trafficking in physical, that prevented the victim from reconsider be indefinitely continued) in persons. The Service shall coordinate applying within the allotted time. order to allow the alien to pursue an with the appropriate Department of (5) Fingerprint procedure. All application for T nonimmigrant status Justice component responsible for applicants for T nonimmigrant status with the Service. If the alien appears prosecution in all cases where there is must be fingerprinted for the purpose of eligible for T nonimmigrant status, the a current or impending prosecution of conducting a criminal background immigration judge or the Board, any defendants who may be charged check in accordance with the process whichever has jurisdiction, may grant with severe forms of trafficking in and procedures described in § 103.2(e) such a request to administratively close persons crimes in connection with the of this chapter. After submitting an the proceeding or continue a motion to victimization of the applicant to ensure application with fee to the Service, the reopen or motion to reconsider that the Department of Justice applicant will be notified of the proper indefinitely. In the event the Service component responsible for prosecution time and location to appear for finds an alien ineligible for T–1 has access to all witness statements fingerprinting. nonimmigrant status, the Service may provided by the applicant in connection (6) Personal interview. After the filing recommence proceedings that have been with the application for T–1 of an application for T nonimmigrant administratively closed by filing a nonimmigrant status, and any other status, the Service may require an motion to re-calendar with the documents needed to facilitate applicant to participate in a personal immigration court or a motion to investigation or prosecution of such interview. The necessity of an interview reinstate with the Board. If the alien is severe forms of trafficking in persons is to be determined solely by the in Service custody pending the offenses. Service. All interviews will be completion of immigration proceedings, (f) Evidence demonstrating that the conducted in person at a Service- the Service may continue to detain the applicant is a victim of a severe form of designated location. Every effort will be alien until a decision has been rendered trafficking in persons. The applicant made to schedule the interview in a on the application. An alien who is in must submit evidence that fully location convenient to the applicant. custody and requests bond or a bond establishes eligibility for each element
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of the T nonimmigrant status to the provided that the details contained in of trafficking in persons, the applicant satisfaction of the Attorney General. the endorsement meet the definition of should promptly contact the nearest First, an alien must demonstrate that he a severe form of trafficking in persons Service or Federal Bureau of or she is a victim of a severe form of under this section. In the alternative, Investigation (FBI) field office or U.S. trafficking in persons. The applicant documentation from the Service Attorneys’ Office to file a complaint, may satisfy this requirement either by granting the applicant continued assist in the investigation or prosecution submitting an LEA endorsement, by presence in accordance with 28 CFR of acts of severe forms of trafficking in demonstrating that the Service 1100.35 will be considered as primary persons, and request an LEA previously has arranged for the alien’s evidence that the applicant has been the endorsement. If the applicant was continued presence under 28 CFR victim of a severe form of trafficking in recently liberated from the trafficking in 1100.35, or by submitting sufficient persons, unless the Service has revoked persons situation, the applicant should credible secondary evidence, describing the continued presence based on a ask the LEA for an endorsement. the nature and scope of any force, fraud, determination that the applicant is not Alternatively, the applicant may contact or coercion used against the victim (this a victim of a severe form of trafficking the Department of Justice, Civil Rights showing is not necessary if the person in persons. Division, Trafficking in Persons and induced to perform a commercial sex (3) Secondary evidence of victim Worker Exploitation Task Force act is under the age of 18). An status; Affidavits. Credible secondary complaint hotline at 1–888–428–7581 to application must contain a statement by evidence and affidavits may be file a complaint and be referred to an the applicant describing the facts of his submitted to explain the nonexistence LEA. or her victimization. In determining or unavailability of the primary (g) Physical presence on account of whether an applicant is a victim of a evidence and to otherwise establish the trafficking in persons. The applicant severe form of trafficking in persons, the requirement that the applicant be a must establish that he or she is Service will consider all credible and victim of a severe form of trafficking in physically present in the United States, relevant evidence. persons. The secondary evidence must American Samoa, or the Commonwealth (1) Law Enforcement Agency include an original statement by the of the Northern Mariana Islands, or at a endorsement. An LEA endorsement is applicant indicating that he or she is a port-of-entry thereto on account of such not required. However, if provided, it victim of a severe form of trafficking in trafficking, and that he or she is a victim must be submitted by an appropriate persons; credible evidence of of a severe form of trafficking in persons law enforcement official on Supplement victimization and cooperation, that forms the basis for the application. B, Declaration of Law Enforcement describing what the alien has done to Specifically, the physical presence Officer for Victim of Trafficking in report the crime to an LEA; and a requirement reaches an alien who: is Persons, of Form I–914. The LEA statement indicating whether similar present because he or she is being endorsement must be filled out records for the time and place of the subjected to a severe form of trafficking completely in accordance with the crime are available. The statement or in persons; was recently liberated from instructions contained on the form and evidence should demonstrate that good a severe form of trafficking in persons; must attach the results of any name or faith attempts were made to obtain the or was subject to severe forms of database inquiry performed. In order to LEA endorsement, including what trafficking in persons at some point in provide persuasive evidence, the LEA efforts the applicant undertook to the past and whose continuing presence endorsement must contain a description accomplish these attempts. Applicants in the United States is directly related of the victimization upon which the are encouraged to provide and to the original trafficking in persons. application is based (including the dates document all credible evidence, because (1) In general. The evidence and the severe forms of trafficking in there is no guarantee that a particular statements included with the persons and victimization occurred), piece of evidence will result in a finding application must state the date and and be signed by a supervising official that the applicant was a victim of a place (if known) and the manner and responsible for the investigation or severe form of trafficking in persons. If purpose (if known) for which the prosecution of severe forms of the applicant does not submit an LEA applicant entered the United States, trafficking in persons. The LEA endorsement, the Service will proceed American Samoa, or the Commonwealth endorsement must address whether the with the adjudication based on the of the Northern Mariana Islands, or a victim had been recruited, harbored, secondary evidence and affidavits port-of-entry thereto, and demonstrate transported, provided, or obtained submitted. A non-exhaustive list of that the applicant is present now on specifically for either labor or services, secondary evidence includes trial account of the applicant’s victimization or for the purposes of a commercial sex transcripts, court documents, police as described in paragraph (f) of this act. The traffickers must have used reports, news articles, and copies of section and section 101(a)(15)(T)(i)(I) of force, fraud, or coercion to make the reimbursement forms for travel to and the Act. victim engage in the intended labor or from court. In addition, applicants may (2) Opportunity to depart. If the alien services, or (for those 18 or older) the also submit their own affidavit and the has escaped the traffickers before law intended commercial sex act. The affidavits of other witnesses. The enforcement became involved in the situations involving labor or services determination of what evidence is matter, he or she must show that he or must rise to the level of involuntary credible and the weight to be given that she did not have a clear chance to leave servitude, peonage, debt bondage, or evidence shall be within the sole the United States in the interim. The slavery. The decision of whether or not discretion of the Service. Service will consider whether an to complete an LEA endorsement for an (4) Obtaining an LEA endorsement. A applicant had a clear chance to leave in applicant shall be at the discretion of victim of a severe form of trafficking in light of the individual applicant’s the LEA. persons who does not have an LEA circumstances. Information relevant to (2) Primary evidence of victim status. endorsement should contact the LEA to this determination may include, but is The Service will consider an LEA which the alien has provided assistance not limited to, circumstances endorsement as primary evidence that to request an endorsement. If the attributable to the trafficking in persons the applicant has been the victim of a applicant has not had contact with an situation, such as trauma, injury, lack of severe form of trafficking in persons LEA regarding the acts of severe forms resources, or travel documents that have
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been seized by the traffickers. This the evidence for and against the Applicants under the age of 15 must determination may reach both those compliance, and allow the alien to provide evidence of their age. Primary who entered the United States lawfully submit additional evidence of such evidence that a victim of a severe form and those who entered without being compliance. If the Service determines of trafficking in persons has not yet admitted or paroled. The Service will that the alien has not complied with any reached the age of 15 would be an consider all evidence presented to reasonable request for assistance, then official copy of the alien’s birth determine the physical presence the application will be denied, and any certificate, a passport, or a certified requirement, including asking the alien approved application based on the LEA medical opinion. Secondary evidence to answer questions on Form I–914, endorsement will be revoked pursuant regarding the age of the applicant also about when he or she escaped from the to this section. may be submitted in accordance with trafficker, what activities he or she has (2) Secondary evidence of compliance § 103.2(b)(2)(i) of this chapter. An undertaken since that time, including with law enforcement requests; applicant under the age of 15 still must the steps he or she may have taken to Affidavits. Credible secondary evidence provide evidence demonstrating that he deal with the consequences of having and affidavits may be submitted to show or she satisfies the other necessary been trafficked, and the applicant’s the nonexistence or unavailability of the requirements, including that he or she is ability to leave the United States. primary evidence and to otherwise the victim of a severe form of trafficking (3) Departure from the United States. establish the requirement that the in persons and faces extreme hardship An alien who has voluntarily left (or has applicant comply with any reasonable involving unusual and severe harm if been removed from) the United States at request for assistance in the removed from the United States. any time after the act of a severe form investigation or prosecution of that (i) Evidence of extreme hardship of trafficking in persons shall be deemed severe form of trafficking in persons. involving unusual and severe harm not to be present in the United States as The secondary evidence must include upon removal. To be eligible for T–1 a result of such trafficking in persons an original statement by the applicant nonimmigrant status under section unless the alien’s reentry into the that indicates the reason the LEA 101(a)(15)(T)(i) of the Act, an applicant United States was the result of the endorsement does not exist or is must demonstrate that removal from the continued victimization of the alien or unavailable, and whether similar United States would subject the a new incident of a severe form of records documenting any assistance applicant to extreme hardship involving trafficking in persons described in provided by the applicant are available. unusual and severe harm. section 101(a)(15)(T)(i)(I) of the Act. The statement or evidence must show (1) Standard. Extreme hardship (h) Compliance with reasonable that an LEA that has responsibility and involving unusual and severe harm is a requests from a law enforcement agency authority for the detection, higher standard than that of extreme for assistance in the investigation or investigation, or prosecution of severe hardship as described in § 240.58 of this prosecution. Except as provided in forms of trafficking in persons has chapter. A finding of extreme hardship paragraph (h)(3) of this section, the information about such trafficking in involving unusual and severe harm may applicant must submit evidence that persons, that the victim has complied not be based upon current or future fully establishes that he or she has with any reasonable request for economic detriment, or the lack of, or complied with any reasonable request assistance in the investigation or disruption to, social or economic for assistance in the investigation or prosecution of such acts of trafficking, opportunities. Factors that may be prosecution of acts of severe forms of and, if the victim did not report the considered in evaluating whether trafficking in persons. As provided in crime at the time, why the crime was removal would result in extreme paragraph (h)(3) of this section, if the not previously reported. The statement victim of a severe form of trafficking in or evidence should demonstrate that hardship involving unusual and severe persons is under age 15, he or she is not good faith attempts were made to obtain harm should take into account both required to comply with any reasonable the LEA endorsement, including what traditional extreme hardship factors and request for assistance in order to be efforts the applicant undertook to those factors associated with having eligible for T nonimmigrant status, but accomplish these attempts. In addition, been a victim of a severe form of may cooperate at his or her discretion. applicants may also submit their own trafficking in persons. These factors (1) Primary evidence of compliance affidavit and the affidavits of other include, but are not limited to, the with law enforcement requests. An LEA witnesses. The determination of what following: endorsement describing the assistance evidence is credible and the weight to (i) The age and personal provided by the applicant is not be given that evidence shall be within circumstances of the applicant; required evidence. However, if an LEA the sole discretion of the Service. (ii) Serious physical or mental illness endorsement is provided as set forth in Applicants are encouraged to describe of the applicant that necessitates paragraph (f)(1) of this section, it will be and document all applicable factors, medical or psychological attention not considered primary evidence that the since there is no guarantee that a reasonably available in the foreign applicant has complied with any particular reason will result in a finding country; reasonable request in the investigation that the applicant has complied with (iii) The nature and extent of the or prosecution of the severe form of reasonable requests. An applicant who physical and psychological trafficking in persons of which the never has had contact with an LEA consequences of severe forms of applicant was a victim. If the Service regarding the acts of severe forms of trafficking in persons; has reason to believe that the applicant trafficking in persons will not be eligible (iv) The impact of the loss of access has not complied with any reasonable for T–1 nonimmigrant status. to the United States courts and the request for assistance by the endorsing (3) Exception for applicants under the criminal justice system for purposes LEA or other LEAs, the Service will age of 15. Applicants under the age of relating to the incident of severe forms contact the LEA and both the Service 15 are not required to demonstrate of trafficking in persons or other crimes and the LEA will take all practical steps compliance with the requirement of any perpetrated against the applicant, to reach a resolution acceptable to both reasonable request for assistance in the including criminal and civil redress for agencies. The Service may, at its investigation and prosecution of acts of acts of trafficking in persons, criminal discretion, interview the alien regarding severe forms of trafficking in persons. prosecution, restitution, and protection;
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(v) The reasonable expectation that Once an application is submitted to the Immigration Appeals (Board) has the existence of laws, social practices, or Service, the Service will conduct an jurisdiction to adjudicate an application customs in the foreign country to which initial review to determine if the for a stay of execution, deportation, or the applicant would be returned would application is a bona fide application removal order, on the basis of the filing penalize the applicant severely for for T nonimmigrant status. An of an application for T nonimmigrant having been the victim of a severe form application shall be determined to be status. of trafficking in persons; bona fide if, after initial review, it is (l) Review and decision on (vi) The likelihood of re-victimization properly filed, there appears to be no applications.—(1) De novo review. The and the need, ability, or willingness of instance of fraud in the application, the Service shall conduct a de novo review foreign authorities to protect the application is complete (including the of all evidence submitted and is not applicant; LEA endorsement or other secondary bound by its previous factual (vii) The likelihood that the trafficker evidence), the application presents determinations as to any essential in persons or others acting on behalf of prima facie evidence of each element to elements of the T nonimmigrant status the trafficker in the foreign country show eligibility for T–1 nonimmigrant application. Evidence previously would severely harm the applicant; and status, and the Service has completed submitted for this and other (viii) The likelihood that the the necessary fingerprinting and immigration benefits or relief may be applicant’s individual safety would be criminal background checks. If an alien used by the Service in evaluating the seriously threatened by the existence of is inadmissible under section 212(a) of eligibility of an applicant for T civil unrest or armed conflict as the Act, the application will not be nonimmigrant status. However, the demonstrated by the designation of deemed to be bona fide unless the only Service will not be bound by its Temporary Protected Status, under grounds of inadmissibility are those previous factual determinations as to section 244 of the Act, or the granting under the circumstances described in any essential elements of the T of other relevant protections. section 212(d)(13) of the Act, or unless classification. The Service will (2) Evidence. An applicant is the Service has granted a waiver of determine, in its sole discretion, the encouraged to describe and document inadmissibility on any other grounds. evidentiary value of previously or all factors that may be relevant to his or All waivers are discretionary and concurrently submitted evidence. her case, since there is no guarantee that require a request for a waiver. Under (2) Burden of proof. At all stages of a particular reason or reasons will result section 212(d)(13), an application can be the processing of an application for any in a finding that removal would cause bona fide before the waiver is granted. benefits under T nonimmigrant status, extreme hardship involving unusual This is not the case under other grounds the burden shall be on the applicant to and severe harm to the applicant. of inadmissibility. present to the Service evidence that Hardship to persons other than the alien (2) Determination by the Service. An fully establishes eligibility for the victim of a severe form of trafficking in application for T–1 status under this desired benefit. persons cannot be considered in section will not be treated as a bona fide (3) Decision. After completing its determining whether an applicant application until the Service has review of the application, the Service would suffer extreme hardship provided the notice described in shall issue a written decision granting or involving unusual and severe harm. paragraph (k)(3) of this section. In the denying the application. If the Service (3) Evaluation. The Service will event that an application is incomplete, determines that the applicant has met evaluate on a case-by-case basis, after a the Service will request the additional the requirements for T–1 nonimmigrant review of the evidence, whether the information as provided in § 103.2(b)(8) status, the Service shall grant the applicant has demonstrated extreme of this chapter. If the application is application, subject to the annual hardship involving unusual or severe complete, but does not present limitation as provided in paragraph (m) harm. The Service will consider all sufficient evidence to establish prima of this section. Along with the approval, credible evidence submitted regarding facie eligibility for each required the Service will include a list of the nature and scope of the hardship element of T nonimmigrant status, the nongovernmental organizations to should the applicant be removed from Service will adjudicate the application which the applicant can refer regarding the United States, including evidence of on the basis of the evidence presented, the alien’s options while in the United hardship arising from circumstances in accordance with the procedures of States and resources available to the surrounding the victimization as this section. alien. described in section 101(a)(15)(T)(i)(I) of (3) Notice to alien. Once an (4) Work authorization. When the the Act and any other circumstances. In application is determined to be a bona Service grants an application for T–1 appropriate cases, the Service may fide application for a T–1 nonimmigrant nonimmigrant status, the Service will consider evidence from relevant country status, the Service will provide written provide the alien with an Employment condition reports and any other public confirmation to the applicant. Authorization Document incident to or private sources of information. The (4) Stay of final order of exclusion, that status, which shall extend determination that extreme hardship deportation, or removal. A concurrently with the duration of the involving unusual or severe harm to the determination by the Service that an alien’s T–1 nonimmigrant status. alien exists is to be made solely by the application for T–1 nonimmigrant status (m) Annual cap. In accordance with Service. is bona fide automatically stays the section 214(n)(2) of the Act, the total (j) Waiver of grounds of execution of any final order of number of principal aliens issued T–1 inadmissibility. An application for a exclusion, deportation, or removal. This nonimmigrant status may not exceed waiver of inadmissibility under section stay shall remain in effect until there is 5,000 in any fiscal year. 212(d)(13) or section 212(d)(3) of the a final decision on the T application. (1) Issuance of T–1 nonimmigrant Act must be filed in accordance with The filing of an application for T status. Once the cap is reached in any § 212.16 of this chapter, and submitted nonimmigrant status does not stay the fiscal year, the Service will continue to to the Service with the completed execution of a final order unless the review and consider applications in the application package. Service has determined that the order they are received. The Service will (k) Bona fide application for T–1 application is bona fide. Neither an determine if the applicants are eligible nonimmigrant status.—(1) Criteria. immigration judge nor the Board of for T–1 nonimmigrant status, but will
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not issue T–1 nonimmigrant status at 914 and all necessary documentation by factors, since there is no guarantee that that time. The revocation of an alien’s mail, including Supplement A, to the a particular reason or reasons will result T–1 status will have no effect on the Service. The application for derivative T in a finding of extreme hardship if the annual cap. nonimmigrant status for eligible family applicant is not allowed to enter or (2) Waiting list. All eligible applicants members can be filed on the same remain in the United States. In addition who, due solely to the cap, are not application as the T–1 application, or in to these factors, other factors that may granted T–1 nonimmigrant status shall a separate application filed at a be considered in evaluating extreme be placed on a waiting list and will subsequent time. hardship include, but are not limited to, receive notice of such placement. While (3) Contents of the application the following: on the waiting list, the applicant shall package for an immediate family (i) The need to provide financial maintain his or her current means to member. In addition to Form I–914, an support to the principal alien; prevent removal (deferred action, application for T–2, T–3, or T–4 (ii) The need for family support for a parole, or stay of removal) and any nonimmigrant status must include the principal alien; or employment authorization, subject to following: (iii) The risk of serious harm, any limits imposed on that (i) The proper fee for Form I–914 as particularly bodily harm, to an authorization. Priority on the waiting provided in § 103.7(b)(1) of this chapter, immediate family member from the list is determined by the date the or an application for a fee waiver as perpetrators of the severe forms of application was properly filed, with the provided in § 103.7(c) of this chapter; trafficking in persons. oldest applications receiving the highest (ii) Three current photographs; (6) Fingerprinting; interviews. The priority. As new classifications become (iii) The fingerprint fee as provided in provisions for fingerprinting and available in subsequent years, the § 103.2(e) of this chapter for each interviews in paragraphs (c)(5) through Service will issue them to applicants on immediate family member; (c)(7) of this section also are applicable the waiting list, in the order in which (iv) Evidence demonstrating the to applications for immediate family the applications were properly filed, relationship of an immediate family members. providing the applicant remains member, as provided in paragraph (o)(4) (7) Admissibility. If an alien is admissible. The Service may require of this section; and inadmissible, an application for a new fingerprint and criminal history (v) Evidence demonstrating extreme waiver of inadmissibility under section checks before issuing an approval. After hardship as provided in paragraph (o)(5) 212(d)(13) or section 212(d)(3) of the T–1 nonimmigrant status has been of this section. Act must be filed in accordance with issued to qualifying applicants on the (4) Relationship. The relationship § 212.16 of this chapter, and submitted waiting list, any remaining T–1 must exist at the time the application for to the Service with the completed nonimmigrant numbers will be issued to the T–1 nonimmigrant status was filed, application package. new qualifying applicants in the order and must continue to exist at the time (8) Review and decision. After that the applications were properly of the application for T–2, T–3, or T–4 reviewing the application under the filed. status and at the time of the immediate standards of paragraph (l) of this (n) [Reserved] family member’s subsequent admission section, the Service shall issue a written (o) Admission of the T–1 applicant’s to the United States. If the T–1 principal decision granting or denying the immediate family members.—(1) alien proves that he or she became the application for T–2, T–3, or T–4 status. Eligibility. Subject to section 214(n) of parent of a child after the T–1 (9) Derivative grants. Individuals who the Act, an alien who has applied for or nonimmigrant status was filed, the child are granted T–2, T–3, or T–4 been granted T–1 nonimmigrant status shall be eligible to accompany or follow nonimmigrant status are not subject to may apply for admission of an to join the T–1 principal. an annual cap. Applications for T–2, T– immediate family member, who is (5) Evidence demonstrating extreme 3, or T–4 nonimmigrant status will not otherwise admissible to the United hardship for immediate family be granted until a T–1 status has been States, in a T–2 (spouse) or T–3 (child) members. The application must issued to the related principal alien. derivative status (and, in the case of a demonstrate that each alien for whom (10) Employment authorization. An T–1 principal applicant who is a child, T–2, T–3, or T–4 status is being sought, alien granted T–2, T–3, or T–4 a T–4 (parent) derivative status), if or the principal T–1 applicant, would nonimmigrant status may apply for accompanying or following to join the suffer extreme hardship if the employment authorization by filing principal alien. The applicant must immediate family member was not Form I–765, Application for submit evidence sufficient to admitted to the United States or was Employment Authorization, with the demonstrate that: removed from the United States (if appropriate fee or an application for fee (i) The alien for whom T–2, T–3, or already present). When the immediate waiver, in accordance with the T–4 status is being sought is an family members are following to join the instructions on, or attached to, that immediate family member of a T–1 principal, the extreme hardship must be form. For derivatives in the United nonimmigrant, as defined in paragraph substantially different than the hardship States, the Form I–765 may be filed (a) of this section, and is otherwise generally experienced by other residents concurrently with the filing of the eligible for that status; and of their country of origin who are not application for T–2, T–3, or T–4 status (ii) The immediate family member or victims of a severe form of trafficking in or at any time thereafter. If the the T–1 principal would suffer extreme persons. The Service will consider all application for employment hardship, as described in paragraph credible evidence of extreme hardship authorization is approved, the T–2, T– (o)(5) of this section, if the immediate to the T–1 recipient or the individual 3, or T–4 alien will be granted family member was not allowed to immediate family members. The employment authorization pursuant to accompany or follow to join the determination of the extreme hardship § 274a.12(c)(25) of this chapter. principal T–1 nonimmigrant. claim will be evaluated on a case-by- Employment authorization will last for (2) Filing procedures. A T–1 principal case basis, in accordance with the the length of the duration of the T–1 may apply for T–2, T–3, or T–4 factors outlined in § 240.58 of this nonimmigrant status. nonimmigrant status for an immediate chapter. Applicants are encouraged to (11) Aliens outside the United States. family member by submitting Form I– raise and document all applicable When the Service approves an
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application for a qualifying immediate eligibility of an applicant for T director may revoke the approval of a T family member who is outside the nonimmigrant status. However, the nonimmigrant status at any time, even United States, the Service will notify the Service will not be bound by its after the validity of the status has T–1 principal alien of such approval on previous factual determinations as to expired. The notice of intent to revoke Form I–797, Notice of Action. Form I– any essential elements of the T shall be in writing and shall contain a 914, Supplement A, Supplemental classification. The Service will detailed statement of the grounds for the Application for Immediate Family determine, in its sole discretion, the revocation and the time period allowed Members of T–1 Recipient, must be evidentiary value of previously or for the T nonimmigrant’s rebuttal. The forwarded to the Department of State for concurrently submitted evidence. alien may submit evidence in rebuttal delivery to the American Embassy or (r) Denial of application. Upon denial within 30 days of the date of the notice. Consulate having jurisdiction over the of any T application, the Service shall The director shall consider all relevant area in which the T–1 recipient’s notify the applicant, any LEA providing evidence presented in deciding whether qualifying immediate family member is an LEA endorsement, and the to revoke approval of the T located. The supplemental form may be Department of Health and Human nonimmigrant status. The determination used by a consular officer in Service’s Office of Refugee Resettlement of what is relevant evidence and the determining the alien’s eligibility for a in writing of the decision and the weight to be given to that evidence shall T–2, T–3, or T–4 visa, as appropriate. reasons for the denial in accordance be within the sole discretion of the (p) Duration of T nonimmigrant with § 103.3 of this chapter. Upon director. status.—(1) In general. An approved T denial of an application for T (3) Revocation of T nonimmigrant nonimmigrant status shall expire after 3 nonimmigrant status, any benefits status. If, upon reconsideration, the years from the date of approval. The derived as a result of having filed a bona approval previously granted is revoked, status is not renewable. At the time an fide application will automatically be the director shall provide the alien with alien is approved for T nonimmigrant revoked when the denial becomes final. a written notification of the decision status, the Service shall notify the alien If an applicant chooses to appeal the that explains the specific reasons for the that his or her nonimmigrant status will denial pursuant to the provisions of revocation. The director also shall notify expire in 3 years from the date of the § 103.3 of this chapter, the denial will the LEA that supplied an endorsement approval of the alien’s Form I–914. The not become final until the appeal is to the alien, any consular officer having applicant shall immediately notify the adjudicated. jurisdiction over the applicant, and Service of any changes in the (s) Revocation of approved T HHS’s Office of Refugee Resettlement. applicant’s circumstances that may nonimmigrant status. The alien shall (4) Appeal of a revocation of affect eligibility under section immediately notify the Service of any approval. The alien may appeal the 101(a)(15)(T)(i) of the Act and this changes in the terms and conditions of decision to revoke the approval within section. an alien’s circumstances that may affect 15 days after the service of notice of the (2) Information pertaining to eligibility under section 101(a)(15)(T) of revocation. All appeals of a revocation adjustment of status. The Service shall the Act and this section. of approval will be processed and further notify the alien of the (1) Grounds for notice of intent to adjudicated in accordance with § 103.3 requirement that the T alien apply for revoke. The Service shall send to the T of this chapter. adjustment of status within the 90 days nonimmigrant a notice of intent to (5) Effect of revocation of T–1 status. immediately preceding the third revoke the status in relevant part if it is In the event that a principal alien’s T– anniversary of the alien’s having been determined that: 1 nonimmigrant status is revoked, all T approved such nonimmigrant status, (i) The T nonimmigrant violated the nonimmigrant status holders deriving and that the failure to apply for requirements of section 101(a)(15)(T) of status from the revoked status adjustment of status as set forth in the Act or this section; automatically shall have that status section 245(l) of the Act will result in (ii) The approval of the application revoked. In the case where a T–2, T–3, termination of the alien’s T violated this section or involved error in or T–4 application is still awaiting nonimmigrant status in the United preparation procedure or adjudication adjudication, it shall be denied. The States at the end of the 3-year period. If that affects the outcome; revocation of an alien’s T–1 status will the alien properly files for adjustment of (iii) In the case of a T–2 spouse, the have no effect on the annual cap as status to that of a person admitted for alien’s divorce from the T–1 principal described in paragraph (m) of this permanent residence within the 90-day alien has become final; section. period immediately preceding the third (iv) In the case of a T–1 principal (t) Removal proceedings without anniversary of the date of the approval alien, an LEA with jurisdiction to detect revocation. Nothing in this section shall of the alien’s Form I–914, the alien shall or investigate the acts of severe forms of prohibit the Service from instituting continue to be in a T nonimmigrant trafficking in persons by which the alien removal proceedings under section 240 status with all the rights, privileges, and was victimized notifies the Service that of the Act for conduct committed after responsibilities, including employment the alien has unreasonably refused to admission, or for conduct or a condition authorization, provided to a person cooperate with the investigation or that was not disclosed to the Service possessing such status until such time prosecution of the trafficking in persons prior to the granting of nonimmigrant as a final decision is rendered on the and provides the Service with a detailed status under section 101(a)(15)(T) of the alien’s application for adjustment of explanation of its assertions in writing; Act, including the misrepresentation of status. or material facts in the applicant’s (q) De novo review. The Service shall (v) The LEA providing the LEA application for T nonimmigrant status. conduct a de novo review of all endorsement withdraws its (u) [Reserved] evidence submitted at all stages in the endorsement or disavows the statements (v) Service officer referral. Any adjudication of an application for T made therein and notifies the Service Service officer who receives a request nonimmigrant status. Evidence with a detailed explanation of its from an alien seeking protection as a previously submitted for this and other assertions in writing. victim of a severe form of trafficking in immigration benefits or relief may be (2) Notice of intent to revoke and persons or seeking information used by the Service in evaluating the consideration of evidence. A district regarding T nonimmigrant status shall
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follow the procedures for protecting and b. Adding a new paragraph (a)(16); proper alpha/numeric sequence; to read providing services to victims of severe and by as follows: forms of trafficking outlined in 28 CFR c. Adding a new paragraph (c)(25), to § 299.1 Prescribed forms. 1100.31. Aliens believed to be victims of read as follows: a severe form of trafficking in persons * * * * * shall be referred to the local Service § 274a.12 Classes of aliens authorized to office with responsibility for accept employment. Form No. Edition date Title investigations relating to victims of (a) * * * I–914 ...... 1–22–02 Application for T severe forms of trafficking in persons for (16) An alien authorized to be Nonimmigrant a consultation within 7 days. The local admitted to or remain in the United Status. Service office may, in turn, refer the States as a nonimmigrant alien victim of victim to another LEA with a severe form of trafficking in persons ***** responsibility for investigating or under section 101(a)(15)(T)(i) of the Act. prosecuting severe forms of trafficking Employment authorization granted 14. Section 299.5 is amended in the in persons. If the alien has a credible under this paragraph shall expire upon table by adding Form ‘‘I–914’’ to the claim to victimization, he or she will be the expiration of the underlying T–1 table, in proper alpha/numeric given the opportunity to submit an nonimmigrant status granted by the sequence, to read as follows: application for T status pursuant to Service. section 101(a)(15)(T) of the Act and any § 299.5 Display of control numbers. * * * * * other benefit or protection for which he * * * * * or she may be eligible. An alien (c) * * * determined not to have a credible claim (25) An immediate family member of Currently to being a victim of a severe form of a T–1 victim of a severe form of INS form INS form title assigned trafficking in persons designated as a T– No. OMB control trafficking in persons and who is subject No. to removal will be removed in 2, T–3 or T–4 nonimmigrant pursuant to accordance with Service policy. § 214.11 of this chapter. Aliens in this I–914 ...... Application for T 1115–0246 status shall only be authorized to work Nonimmigrant PART 274a—CONTROL OF for the duration of their T nonimmigrant Status. EMPLOYMENT OF ALIENS status. * * * * * ***** 10. The authority citation for section 274a continues to read as follows: PART 299—IMMIGRATION FORMS Dated: January 24, 2002. Authority: 8 U.S.C. 1101, 1103, 1324a; 8 John Ashcroft, CFR part 2. 12. The authority citation for part 299 Attorney General. continues to read as follows: 11. Section 274a.12 is amended by: Note: Form I–914 is published for Authority: 8 U.S.C. 1101, 1103; 8 CFR part a. Revising the reference citation to informational purposes only and will not be 2. codified in Title 8 of the Code of Federal ‘‘(a)(15)’’ to read ‘‘(a)(16)’’ in the second Regulations. sentence in paragraph (a) introductory 13. Section 299.1 is amended by text; adding Form ‘‘I–914’’ to the table, in the BILLING CODE 4410–10–P
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[FR Doc. 02–2186 Filed 1–30–02; 8:45 am] BILLING CODE 4410–10–C
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Part III
Department of Justice Office for Victims of Crime
Guidelines for the Antiterrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes; Notice
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DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: VOCA Combating Terrorism Policy Support; provides federal financial assistance for one from the Drug Enforcement Office for Victims of Crime the purpose of compensating and Administration; one from the Center for assisting victims of crime, to carry out Mental Health Services, Emergency [OJP[OVC]–1309F] a training and technical assistance Services and Disaster Relief Branch, Guidelines for the Antiterrorism and program, to provide services for victims Substance Abuse and Mental Health Emergency Assistance Program for of federal crimes, to provide Services Administration; and one from Terrorism and Mass Violence Crimes compensation and assistance services the Department of State, Overseas for victims of terrorism or mass Citizens Services, Bureau of Consular AGENCY: Office for Victims of Crime, violence, and to support fellowships Affairs. Office of Justice Programs, Justice. and clinical internships. These final OVC has attempted to address all of ACTION: Notice of final guidelines. Guidelines provide specific information the comments and recommendations for the administration of funding for received during the public comment SUMMARY: The Office for Victims of response to victims of terrorism or mass period. In addition, OVC has included Crime (OVC) has developed these final violence as authorized in 42 U.S.C. in these final Guidelines new provisions Guidelines to implement the victim § 10603b and § 10603c. contained in the USA PATRIOT Act of assistance provisions contained in the 2001 (PL 107–56) which contains a Preamble to the Final Guidelines Antiterrorism and Effective Death definition of ‘‘domestic terrorism,’’ Penalty Act of 1996 (Pub. L. 104–132), OVC published proposed program expands the list of eligible applicants the Omnibus Consolidated guidelines in the Federal Register (FR, for funding in cases of ‘‘domestic Appropriations Act of 1997 (Pub. L 104– Vol. 66, No. 63) on April 2, 2001 for a terrorism,’’ establishes a new cap on the 208), the Victims of Trafficking and 30-day public comment period. In amount of money the OVC Director can Violence Protection Act of 2000 (Pub. L. addition, OVC distributed copies of the set aside to assist victims of terrorism 106–386), and the Uniting and proposed guidelines to all VOCA state and mass violence, and re-titles the Strengthening America by Providing administrators, executive directors of name of the account in which funding Appropriate Tools Required to Intercept national victim organizations, identified is set aside for these purposes as the and Obstruct Terrorism Act of 2001, representatives in federal agencies with Emergency Reserve. It also authorized Pub. L. 107–56 (hereafter referred to as victim assistance responsibilities the transfer of money into this account the USA PATRIOT Act of 2001). The including the 93 United States from the emergency supplemental Victims of Crime Act (VOCA), 42 U.S.C. Attorneys Offices, and other interested appropriation for the September 11th § 10603b and § 10603c, outlines the parties. In response to the notice of disaster specifically to support services specific authority of the OVC to provide proposed program guidelines, OVC for the victims and surviving family compensation and assistance to victims received 27 separate comments based on members of this terrorist attack. In of acts of terrorism or mass violence the Federal Register notice. In addition, addition, OVC provided two points of within and assistance to victims of comments were received from seven clarification regarding the amount of terrorism and mass violence outside the VOCA state victim assistance funding available from the Emergency United States. Funding available administrators at a working group Reserve to a jurisdiction and clarified through the Antiterrorism Emergency meeting at their annual national eligible applicants for funding based on Reserve (hereafter referred to as the conference held in Denver, Colorado. Of recent inquiries following the Emergency Reserve) is designed to the written comments received from 27 ‘‘September 11, 2001 attacks against provide timely relief and to help individuals or organizations: Three America.’’ The implementation of these respond to immediate and on-going came from special agents and medical final Guidelines will provide challenges in providing victim staff at the Federal Bureau of opportunities to broaden our assistance services in the aftermath of Investigation; three from state crime understanding of the needs of victims cases of terrorism or mass violence. victim compensation program and jurisdictions responding to Funding and technical support is not representatives; four from state human terrorism or mass violence. As OVC provided automatically. Requested services department divisions learns from these experiences we will funds must supplement, not supplant, administering mental health programs; make the necessary adjustments to this available resources. Non-federal three from state departments of health program policy guidance. and mental health; one from a state contributions (cash or in-kind) are department of public welfare, office of Analysis and Summary of Comments expected for each type of grant. Federal mental health and substance abuse Overall, the comments were agencies are not expected to make a services; three from VOCA state supportive of the direction taken by contribution. Amounts paid to victims assistance and compensation OVC in the proposed guidelines. Many from state funding sources to administrators, of which two came from respondents expressed appreciation for compensate victims of terrorism or mass a single state public safety agency; one OVC’s effort to provide structure and violence may be included in a state’s from the Federal Emergency guidance to the field regarding funding annual certification of payments to Management Agency; one from the available from the Emergency Reserve to victims, which is the basis for matching Department of Treasury Enforcement support services and assistance to annual federal crime victim Section; one from the Office of the victims of terrorism or mass violence. compensation formula grants. Inspector General and one from the Several respondents praised OVC for the EFFECTIVE DATE: These final Guidelines Secretary of the U.S. Department of flexibility built into the guidelines, are effective January 31, 2002, and until Agriculture; one from the National including the application filing period re-issuance by OVC. Association of Crime Victim and process, and timing for the different FOR FURTHER INFORMATION CONTACT: Compensation Boards; one from a types of assistance. Terrorism and International Victims VOCA state victim assistance In response to the comments and the Unit, Office for Victims of Crime, 810 administrator; one from Office of the September 11, 2001 attacks on America, Seventh Street, NW., Washington, DC Assistant Secretary of Defense, Special OVC has made several additional 20531, telephone (202)307–5983. Operation Low Intensity Conflict changes in the final Guidelines. OVC
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also has made formatting changes; use of the term ‘‘counseling’’ and the subcontracting for mental health added language to address property potential for it to encourage services, OVC believes the selection of losses and damage and victim interventions by non-qualified, non- service providers is best left to the confidentiality and privacy; added credentialed individuals. Another standards established by the affected definitions of ‘‘victim,’’ ‘‘national of the respondent also suggested that the final jurisdiction. United States,’’ ‘‘grant,’’ ‘‘cooperative Guidelines require states to document To address the possible gap in mental agreement,’’ ‘‘reimbursable agreement,’’ their inability to develop and/or identify health interventions, OVC has adjusted and ‘‘interagency agreement;’’ extended state response resources prior to the time range for consequence the period of time for accessing criminal subcontracting for mental health management grants to begin at the point justice support grants to up to 36 counseling services. One respondent in which crisis response grant funding months; added a new subsection to asked that OVC re-examine the time terminates. Hence, the consequence address federal monitoring and frames established for crisis response management grants will now be oversight; simplified the application grants and consequence management available from nine months and up to 18 requirements; provided additional grants to eliminate the gap in funding months after the terrorist or mass guidance regarding required program support for crisis counseling services violence event. reporting; and provided specific and counseling and group therapy to Application Process and Funding: A application requirements by type of ensure a continuum of psychological few respondents recommended that applicant agency. The comments from care for victims. funding available from the Emergency the field address six specific areas of the In response to the concern expressed Reserve be retroactive to the date of the Guidelines: Coordination, pre-crisis regarding the term ‘‘counseling’’ and the criminal event. Another respondent planning, mental health interventions, credentials of persons providing mental expressed support for a joint application application process and funding, health intervention, OVC has modified for funding available from OVC and the allowable activities, and definitions. the language in the final Guidelines to CMHS. Two respondents asked for The following is a summary of the indicate counseling and therapy that are clarification regarding funding comments and PVC’s response. provided by persons who meet state determinations. Specifically, they Coordination: Several of the standards or who are supervised in wanted to know the extent to which respondents asked OVC to strengthen accordance with state standards. In federal formula grant fund amounts language recommending coordination addition, we clarified this by adding would be factored into the funding among federal law enforcement and two definitions: The definition of ‘‘crisis decision, and if defined criteria will be prosecution, state victim assistance counseling’’ used in the Federal established for making funding administrators, and the state mental Emergency Management Agency determinations. Another respondent health community. In response, OVC (FEMA) regulations, and the definition asked if the range of eligible applicants added language to the ‘‘coordination of of mental health counseling and care could be expanded to include state effort with other public and private contained in OVC’s Victim Assistance criminal justice planning agencies, state entities’’ section of the final Guidelines Program Guidelines. We believe these and county mental health agencies, and recommending coordination among law two additions to the final Guidelines state departments of education. A state enforcement, prosecution, state victim address the concerns of the respondent compensation program representative assistance and compensation programs, with minimal federal intrusion on state asked that the application requirements and the mental health community. In decision-making. be revised to establish specific addition, we address this issue in the OVC has entered into an interagency supplemental information required of Introduction and Background section by agreement with the Department of state compensation programs and to adding a new subsection discussing pre- Health and Human Services’ Center for eliminate additional application crisis planning. Mental Health Services (CMHS), certifications for states that receive Pre-crisis Planning: A number of Emergency Services and Disaster Relief formula grant funding from OVC to respondents focused on the need to Branch to conduct research into support victims. In addition, the support pre-crisis planning efforts of currently available materials and respondent requested that OVC states and other jurisdictions, and protocols to address the immediate and eliminate the requirement that sought to secure funding for preliminary longer-term mental health needs of ‘‘recovered’’ funds be used to assist and on-going crisis planning efforts. victims of mass victimization; to other victims of the ‘‘specific act of They also recommended that the final prepare materials for federal law terrorism or mass violence for which Guidelines require states to have critical enforcement to assist victims of Emergency Reserve dollars were incident operations plans that identify domestic and international terrorism awarded.’’ state resources to respond to criminal and mass violence; to provide training Next, a respondent recommended that mass disasters and memoranda of and technical assistance to federal law application requirements be understanding that describe the enforcement on mental health care consolidated into one section of the relationship between the applicant and needs of victims; to assist federal law final Guidelines and specific state mental health services. enforcement in coordinating its crisis application requirements be identified Funding available to jurisdictions response role with state and local by the type of applicant. Finally, a under these final Guidelines is agencies and community service respondent asked for clarification specifically to support victim assistance organizations; and to develop regarding the time limit in which an services in the aftermath of criminal partnerships between mental health and application may be filed noting that ‘‘a mass disaster. OVC strongly supports victim assistance disciplines at the state state may initially have funds available pre-crisis planning and has identified and local levels. This information has and believe they are adequate; however various resources available to assist been added to a new subsection in the future events may deplete resources.’’ states and communities in its National final Guidelines titled ‘‘Support for Pre- In response to these Directory of Victim Assistance Funding Crisis Planning.’’ recommendations, OVC has made the Opportunities, 2001. With regard to the recommendation to following changes in the final Mental Health Interventions: One require states to document the inability Guidelines. OVC added language under respondent expressed concern about the to secure state resources before the section describing the application
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process that provides for pre-agreement Finally, OVC has consolidated all the administrative costs deemed necessary costs retroactive to the date of the mass application requirements under section and essential to the delivery of services. casualty event. Regarding the VII of the final Guidelines and In response, OVC included in the recommendation for a joint application identified the specific application allowable cost section of these final for funding available from CMHS and requirements based on the type of Guidelines the language, ‘‘authorizing OVC, we have added language to the agency/organization requesting funding use of a limited amount of available coordination section which indicates support. funding, as agreed upon by OVC and the that OVC may elect in some cases to Allowable Activities: One respondent applicant, for administrative purposes.’’ transfer funds to other federal agencies asked that ‘‘direct (victim) outreach’’ be (See Section VI.) with disaster relief responsibilities to identified as an allowable activity to Definitions: A respondent requested support victim assistance interventions, ensure that the largest number of that the definition of mass violence be including mental health counseling and victims are reached following a expanded to acknowledge specifically care. To clarify the funding decision terrorism or mass violence event. the increased financial burden that state process, we added to the definition Another respondent acknowledged the crime victim compensation programs section of the final Guidelines the term need for prolonged victim assistance may experience as a result of a criminal ‘‘undue financial hardship’’ and interventions based on the length of mass disaster. Another respondent provided additional guidance regarding time it often takes to arrest the asked that the term ‘‘family members’’ the criterion for making such perpetrator(s) and bring him/her to trial. be defined to be responsive to the determinations. The USA PATRIOT Act One respondent asked that the pool of ‘‘variability that exists in the structure of 2001 expanded the list of eligible eligible recipients be expanded to and membership of contemporary recipients for funding in cases of include emergency responders. Another families.’’ Finally, one respondent asked terrorism within the United States to respondent suggested that the allowable OVC for specific guidance on the include not only eligible state crime activities under the consequence amount of the non-federal contribution, victim compensation and assistance management assistance grants include referred to as match. programs, but also victim service automated informational telephone The use of the term ‘‘victim organizations, public agencies—federal, service, and Attorney Advisor positions assistance’’ was intended to be inclusive state, and local governments, and non- to address questions from victims about of all victim assistance efforts, including governmental organizations that provide criminal proceedings. compensation for purposes of incidents assistance to victims. Funding to foreign Direct victim outreach is an allowable of domestic terrorism or mass violence. governments is still prohibited. activity. The list of activities To clarify our intent and respond to the supportable with Emergency Reserve comment received, OVC has modified In response to the three requests dollars was not meant to be exhaustive. the definition of mass violence to affecting state compensation programs, Thus, OVC added a statement that include specific reference to crime the final Guidelines have been modified ‘‘[f]unding for services and other victim compensation efforts. OVC has to provide specific guidance regarding support may include, but is not limited elected not to define the term ‘‘family supplemental application information to * * *’’. The list of eligible activities member’’ as we believe this term should required from crime victim outlined in the final Guidelines is be defined by the responding compensation programs. OVC has intended to provide general guidance jurisdiction. elected to retain the language requiring regarding the use of funds. We have At this time, we are not prepared to that funds recovered through state added outreach and awareness to the establish a specific matching percentage subrogation provisions be used to list and language indicating that or amount, because the level of compensate other victims of the same activities that are deemed necessary and resources available to a jurisdiction terrorist or mass violence act for which essential to the provision of services following a catastrophic event will vary they were originally awarded. may be funded with Emergency Reserve greatly depending upon a range of Additional language has been added dollars. We also added automated issues, e.g., amount of public support, requiring state compensation programs informational telephone services to the funding available for non-profit and other recipients of funds to return list of allowable activities under the organizations, funding available from any remaining funds at the end of the consequence management, crisis other federal agencies. No specific grant to OVC for deobligation and response, and criminal justice support match percentage or dollar amount has deposit into the Emergency Reserve. grants, and Attorney Advisor and victim been established for this program. OVC is unable to establish a blanket advocate personnel as an allowable cost However, non-federal contributions certification for funding received from under criminal justice support grants. (cash or in-kind) are expected. OVC different account sources. Hence, no We do not offer specific guidance clarified this in the ‘‘Definitions’’ change has been made to the regarding the approach for reaching section under the term ‘‘in-kind certification requirements. OVC did not victims or delivering services support/contribution.’’ establish an application deadline recognizing that these types of decisions precisely for the reasons cited by the may depend upon specific Final Guidelines respondent. The period of time that circumstances and are best left to the These final Guidelines incorporate elapses between the submission of an responding jurisdiction. recommendations received from the application and the catastrophic event Finally, OVC added language which field during the public comment period does affect the type of grant assistance specifically identifies individuals in on the proposed guidelines, and an applicant can request, i.e., OVC will direct proximity to the crime who may amendments to VOCA contained in the not approve an application submitted 24 have been traumatized by the criminal USA PATRIOT Act of 2001. The final months after the event for a crisis event, including emergency response Guidelines are organized as follows: response grant. Clarification regarding personnel, and included a definition of I. Final Program Guidelines the time frame for application ‘‘victim’’ in the definition section of the II. Introduction and Background submission is provided in the section of final Guidelines. III. Statutory Language and Definitions the final Guidelines titled ‘‘Application A number of states suggested that IV. Source of Funding Processing and Turnaround Time.’’ OVC include among the allowable costs V. Types of Assistance
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VI. Allowable Activities and Costs attitudes, policies, and practices to prepares people for the horror of an act VII. Accessing the Antiterrorism and promote justice and healing for all of terrorism or mass violence that robs Emergency Reserve victims of crime. OVC accomplishes its them of their sense of security and in VIII. Reporting Requirements mission in a variety of ways: some instances a loved one. Victims of I. Final Program Guidelines administering the Crime Victims Fund violent crime experience a range of and the Emergency Reserve account; needs—physical, financial, emotional, A. Authority supporting direct services; providing and legal. Victims are entitled by law in 42 U.S.C. § 10604 provides authority training programs; sponsoring the United States to certain types of to the Director of OVC to establish rules, demonstration and evaluation projects information and support services. While regulations, guidelines and procedures with national and international impact; victims of terrorism have much in consistent with the program oversight publishing and disseminating materials common with other violent crime and implementation responsibilities of that highlight promising practices in the victims and with disaster victims, they the Director. OVC is publishing these effective support of crime victims that appear to experience higher levels of final Guidelines for implementation of can be replicated throughout the distress, in part due to the magnitude its authority under the USA PATRIOT country and worldwide; and sponsoring and scope of such traumatic events. Act of 2001, Antiterrorism and Effective fellowships and clinical internships. Terrorism and mass violence may Death Penalty of 1996, and the Victims Also, OVC is in the process of involve murders that are committed by of Trafficking and Violence Protection establishing a compensation program for more than one person, multiple victims, Act of 2000. These final Guidelines victims of international terrorism. and a greater degree of violence than apply only to OVC’s efforts to provide OVC works with international, other criminal acts. In addition, the funding for victim compensation and national, tribal, state, military, and local methods of targeting victims can assistance services in cases of terrorism victim assistance and criminal justice contribute to the trauma and anxiety and mass violence occurring within, agencies, as well as other professional victims feel. Terrorist acts can be either and for victim assistance services in organizations to promote fundamental random or specific. In the case of the cases of terrorism and mass violence rights and comprehensive services for Oklahoma City bombing, Federal occurring outside, the United States. crime victims. The largest amount of Government employees were the targets. OVC will issue a separate set of OVC funding is provided to state In the case of the school shooting in Guidelines to implement the new agencies designated by the governor to Littleton, Colorado at Columbine High International Terrorism Victim administer programs to assist crime School, students were the targets, Compensation Program authorized by victims—crime victim compensation resulting in 15 fatalities (including the the Victims of Trafficking and Violence and victim assistance. OVC is not only gunmen) and numerous injuries. Protection Act of 2000 (Pub. L. 106– a grant funding agency, but also Terrorism and mass violence may place 386). advocates for the fair treatment of crime people at risk for significant physical This program is designed to victims, develops policy and provides and long-term psychological injuries. supplement the available resources and technical assistance to states, localities, Like other victims of violent crime, services of entities responding to acts of and other federal agencies on effective victims of terrorism and mass violence terrorism or mass violence. Thus, responses to crime victims, and need help in dealing with the crisis Emergency Reserve support may be supports public awareness and created by the event, in stabilizing their granted if needed services cannot be education on critical victim issues (42 lives, and in understanding and U.S.C. 10604 and 10605). adequately provided with existing participating in the criminal justice OVC monitors federal agency resources, or if the provision of services process—whether there is an arrest and compliance with federal statutes and and assistance will result in an undue trial soon after the criminal act or an financial hardship on the jurisdiction’s guidelines dictating the fair treatment of crime victims, and prepares an annual arrest and trial are delayed for years. ability to respond to crime victims in a International terrorist attacks can comprehensive and timely manner or compliance report for the Attorney General as well as periodically updates involve victims and survivors from impede the jurisdiction’s ability to the Attorney General Guidelines for many different countries and different respond to other victims of crime. OVC Victim and Witness Assistance. OVC states within the United States, and in works with several federal agencies enters into interagency agreements and foreign countries. The local government such as the Federal Emergency memoranda of understanding, offers infrastructure and resources of non- Management Agency, the Department of technical assistance through expert government organizations vary Health and Human Services’ CMHS, the consultants, and forms and leads considerably in foreign countries. Thus, Department of Education, the working groups to address issues that the ability to respond to a terrorist or Department of State as well as others to have an impact on crime victims. In mass violence incident and to provide make available their respective expertise addition, OVC provides funding to crisis intervention and services to and to maximize federal funding support services to people victimized on victims abroad also varies. In addition, through interagency coordination to tribal or federal lands, such as military care givers are sometimes unable to assist crime victims. bases and national parks. Finally, OVC intervene effectively due to language, II. Introduction and Background provides emergency funds to federal legal, or cultural barriers. The efforts, agencies with victim responsibilities to services, or benefits of several federal A. OVC Mission and Purpose assist victims of federal crime when no agencies and programs, as well as state OVC was created by the U.S. other resources are available. victim assistance programs and non- Department of Justice in 1983 and government organizations may be formally established by Congress in B. Statement About Terrorism and Mass involved and must be coordinated. 1988 through an amendment to the of Violence Further, victims abroad may need 1984 (42 U.S.C. 10601) (VOCA). OVC’s Violent and unexpected acts of services or incur expenses that are not mission is to enhance the nation’s terrorism and criminal mass violence traditionally provided by states or the capacity to assist victims of crime and may leave victims with serious physical Federal Government. OVC works with to provide leadership in changing and emotional wounds. Nothing in life federal, state, and local agencies as well
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as international organizations to these initiatives and other resources E. Role of the Federal Government establish comprehensive, appropriate, available to assist with their efforts. and consistent services for these victims In recent years, the Federal D. Action To Address Terrorism and when terrorism and mass violence occur Government has been called upon to Mass Violence outside of the United States. play a larger role in mitigating and Following the bombing of the federal responding to all types of human-caused C. Support for Pre-Crisis Planning office building in Oklahoma City on violent events and disasters. The federal OVC strongly supports pre-crisis April 19, 1995, Congress took a number responsibility ranges from immediate planning as a means of assuring that of legislative steps to authorize funding disaster relief to subsequent assistance jurisdictions have identified key and activities to assist the bombing that helps victims and communities to personnel, available resources, and victims. First, they passed legislation recover from a terrorist act or mass necessary protocols required for a authorizing the Director of OVC to set violence incident, and to help victims comprehensive and effective response to aside monies in an Antiterrorism and participate effectively in the criminal criminal mass casualty crimes. OVC has Emergency Reserve account and to make justice process. In cases of terrorism and supported several initiatives to assist funds available to provide assistance mass violence within the United States interested jurisdictions with pre-crisis and compensation to the victims of the where requests for funding for mental planning efforts. These initiatives bombing, to facilitate their observation health services are made, OVC may include: promoting the development of and attendance in trial proceedings, and work in tandem with the Emergency community-based, multi-disciplinary, for other related expenses. Congress also Services and Disaster Relief Branch at interagency assessment and planning amended the VOCA of 1984 [42 U.S.C. the Center for Mental Health Services, processes for responding to cases of § 10603b] to provide general authority to Substance Abuse and Mental Health terrorism and mass violence; the design, the OVC Director to respond to other Services Administration (SAMHSA). development and implementation of incidents of terrorism or mass violence Moreover, because terrorist acts are long-range plans for establishing formal within the United States and abroad. primarily federal crimes, investigated collaborative efforts involving victim OVC has used the Antiterrorism and and prosecuted by federal law service providers, law enforcement, fire Emergency Reserve to provide funding enforcement officials, components of and rescue, and other emergency to support the victims of the Oklahoma the Department of Justice engaged in response agencies; the use of self- City bombing, the bombing of Pan Am criminal investigative, prosecution, or assessment and planning tools, Flight 103, the bombing of the U.S. correction functions have protocols for coordination and Embassies in Kenya and Tanzania, and responsibilities under the Attorney collaboration of victim services; the two cases of mass violence—the school General Guidelines for Victim and integration of victim services into shootings in Oregon and Colorado. Most Witness Assistance related to victims’ incident command structures; and recently this account has been used to rights and services. training for crisis response support the federal, state, and local implementation teams to help with responses to the terrorist attacks of F. Role of State Governments problem-solving, working cooperatively September 11, 2001. State Crime Victim Compensation in a multi-disciplinary environment, In the second session of the 106th Programs reimburse crime victims for designing and developing of interagency Congress, the Victims of Trafficking and out-of-pocket expenses related to their protocols, and skill-based training to Violence Protection Act of 2000 (Pub. L. victimization such as medical expenses, allow teams to work together. 106–386) was enacted. This law OVC has also supported the provides aid for victims of terrorism and mental health counseling, funeral and examination of materials and protocols expanded OVC’s authority to respond to burial costs, and lost wages. State to address the immediate and longer- incidents of terrorism and mass violence agencies fund a wide variety of direct term mental health needs of victims of outside the United States. Congress assistance to victims of federal and state terrorism and mass violence; the authorized the OVC Director: to deposit crimes such as crisis counseling, preparation of materials for federal law deobligated dollars from other funded temporary shelter, and criminal justice enforcement to assist victims of program areas into the Emergency advocacy. OVC works in concert with domestic and international terrorism Reserve; to expand the list of eligible these programs to maximize the limited and mass violence; the development of applicants for assistance funding in funding available to assist crime victims training and technical assistance to cases of terrorism outside the United and facilitate coordination among the federal law enforcement on mental States to include victim service various responding agencies including health care needs of victims, techniques organizations, public agencies federal law enforcement and to assist federal law enforcement in (including federal, state, or local prosecution-based victim and witness coordinating its crisis response role governments), and non-governmental assistance staff. with state and local agencies and organizations that provide assistance to G. Role of Other Public and Private community service organizations; and victims of crime; and to establish a Entities the development of partnerships program to compensate victims of acts between mental health and victim of international terrorism that occur Public and private sector assistance disciplines at the state and outside the United States. The USA organizations have a unique role in local levels. Although funding available PATRIOT Act of 2001 expanded the list meeting the needs of crime victims under these final Guidelines is intended of eligible recipients for funding in through their various mandates and to assist jurisdictions in the aftermath of cases of terrorism within the United programs. Organizations like the United a terrorist event or mass violence States to not only include eligible state Way, the American Red Cross, and incident, other resources and assistance crime victim compensation and others offer important large-scale are available from OVC to assist with assistance programs, but also victim response to communities victimized by pre-crisis planning. service organizations, public agencies— crime. In addition, community-based, Jurisdictions interested in crisis federal, state, and local governments, nonprofit victim assistance programs response planning are encouraged to and non-governmental organizations provide a wide range of vital services to contact OVC for more information about that provide assistance to victims. victims of crime that complement
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assistance available from other public organizations that provide assistance to means an intentional violent criminal and private agencies. victims. act, for which a formal investigation has been opened by the Federal Bureau of III. Statutory Language and Definitions B. Definitions Investigation or other law enforcement for This Program 1. Terrorism Occurring Within the agency, that results in physical, A. Victims of Crime Act and United States emotional or psychological injury to a Amendments For the purposes of the Antiterrorism sufficiently large number of people as to The Antiterrorism and Effective Death and Emergency Assistance Program, significantly increase the burden of Penalty Act of 1996 gave OVC the ‘‘terrorism occurring within the United victim assistance and compensation for authority to establish and access the States’’ is defined by the term ‘‘domestic the responding jurisdiction as Emergency Reserve account in terrorism terrorism’’ found in 18 U.S.C. 2331, as determined by the OVC Director. and mass violence cases. The Act amended. (As of the publication of these 4. Emergency Relief amended the VOCA adding a new Guidelines, 18 U.S.C. 2331 reads as ‘‘Emergency relief’’ means those provision, 42 U.S.C. 10603b, which follows: ‘‘domestic terrorism’’ means activities intended to address a need covers terrorism or mass violence activities that—(A) Involve acts which, if left unattended, may result in occurring either within or outside the dangerous to human life that are a significant consequences for victims. United States. The Victims of violation of the criminal laws of the Emergency relief may include assistance Trafficking and Violence Protection Act United States or of any State, (B) appear required immediately following the of 2000 expanded OVC’s authority to be intended—(i) to intimidate or crime as well as activities needed under 42 U.S.C. 10603b(a) to authorize coerce a civilian population; (ii) to during the investigation and the OVC Director to provide influence the policy of a government by prosecution of an act of terrorism or comprehensive and timely assistance to intimidation or coercion; or (iii) to affect mass violence. victims of terrorism occurring outside the conduct of a government by mass the United States. The USA PATRIOT destruction, assassination or kidnaping; 5. Supplantation Act of 2001 (Pub. L. 107–56) established and (c) occur primarily within the ‘‘Supplantation’’ means to a definition of ‘‘domestic terrorism,’’ territorial jurisdiction of the United deliberately reduce state or local funds expanded the list of eligible applicants States.’’ (18 U.S.C. 2331). because of the availability of federal for funding in cases of ‘‘domestic funds. For example, when state funds terrorism,’’ established a new cap on the 2. Terrorism Occurring Outside the United States are appropriated for a stated purpose amount of money the OVC Director can and federal funds are awarded for that set aside to assist victims of terrorism ‘‘Terrorism occurring outside the same purpose, the state replaces its state and mass violence, and re-titled the United States’’ is defined by the term funds with federal funds, thereby name of the account in which funding ‘‘international terrorism’’ found in 18 reducing the total amount available for is set aside for these purposes as the U.S.C. § 2331, as amended. (As of the the stated purpose (See OJP Financial Emergency Reserve. It also authorized publication of these Guidelines, 18 Guide available on the OJP homepage at the transfer of money into this account U.S.C. § 2331 reads as follows: ‘‘The www.ojp.usdoj.gov/). from the emergency supplemental term ‘international terrorism’ means appropriation for the September 11th activities that—(A) Involve violent acts 6. In-Kind Support/Contribution attacks on America, specifically to or acts dangerous to human life that are ‘‘In-kind support/contribution’’ support services for the victims and a violation of the criminal laws of the includes, but is not limited to, the surviving family members of this United States or of any State, or that valuation of in-kind services. ‘‘In-kind’’ terrorist attack. would be a criminal violation if is the value of something received or OVC may provide funding for committed within the jurisdiction of the provided that does not have a cost emergency relief to benefit victims, United States or of any State; (B) appear associated with it. For example, if an in- including crisis response efforts, to be intended—(i) to intimidate or kind match is permitted by law (other assistance, training, and technical coerce a civilian population; (ii) to than cash payments), then the value of assistance, and on-going assistance influence the policy of a government by donated services could be used to including during any investigation or intimidation or coercion; or (iii) to affect comply with the match requirement. prosecution. Such funding may be the conduct of a government by mass (OJP Financial Guide). provided to states, victim service destruction, assassination or kidnaping; Note: No specific matching percentage or organizations, public agencies and (C) occur primarily outside the dollar amount has been established for this (including federal, state, or local territorial jurisdiction of the United program. However, non-federal contributions governments), and non-governmental States, or transcend national boundaries (cash or in-kind) are expected from the organizations that provide assistance to in terms of the means by which they are applicant. victims of crime. accomplished, the persons they appear In cases of terrorism or mass violence intended to intimidate or coerce, or the 7. Crisis Counseling occurring within the United States, 42 locale in which their perpetrators ‘‘Crisis counseling’’ means the U.S.C. 10603b(b) authorizes OVC to operate or seek asylum.’’ (18 U.S.C. application of individual and group provide emergency relief, including 2331)). treatment procedures that are designed crisis response efforts, assistance, to ameliorate mental and emotional 3. Mass Violence Occurring Within or training, and technical assistance for the crises and any resulting psychological Outside the United States benefit of victims of terrorist acts or and behavioral conditions stemming mass violence. Funding may be awarded The term ‘‘mass violence’’ is not from a major disaster or its aftermath. to eligible state crime victim defined in VOCA or any statute compensation and assistance programs, amending VOCA, nor is it defined in the 8. Mental Health Counseling and Care victim service organizations, public U.S. Criminal Code. Thus, OVC has ‘‘Mental health counseling and care’’ agencies—federal, state, and local developed a working definition of this means the assessment, diagnosis, and governments, and non-governmental term. The term ‘‘mass violence’’ herein treatment of an individual’s mental and
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emotional functioning. Mental health Because of the nature of terrorist government or private organizations at counseling and care must be provided incidents, the term victim will also the discretion of the awarding agency. by a person, or under the supervision of include individuals who are likely to Cooperative agreements are utilized a person, who meets state standards to suffer traumatic effects of the incident, when substantial involvement is provide these services. for example people in direct proximity anticipated between the awarding to the crime and emergency responders. agency and the recipient during the 9. Undue Financial Hardship In addition, OVC requires that performance of the contemplated ‘‘Undue financial hardship’’ is one consistent with other portions of VOCA, activity. Under these final Guidelines, basis upon which OVC will make no individual who is criminally funding awarded to nonprofit funding determinations. For the purpose culpable for the terrorist act or mass organizations will be made in the form of these final Guidelines, ‘‘undue violence may receive either assistance of a cooperative agreement. financial hardship’’ means the or compensation either directly or on 17. Foreign Power unanticipated allocation of substantial behalf of a victim. financial resources that adversely affect (a) ‘‘Foreign power’’ means— the ability to fund general services for 13. National of the United States (1) A foreign government or any victims. The term ‘‘national of the United component thereof, whether or not States’’ is defined by the term ‘‘national 10. Property Damage recognized by the United States; of the United States’’ found in section (2) Faction of a foreign nation or ‘‘Property damage’’ is damage to 101(a) of the Immigration and nations, not substantially composed of material goods, but does not include Nationality Act, 8 U.S.C. 1101(a), as United States persons; damage to prosthetic devices, amended. (As of the publication of these (3) An entity that is openly eyeglasses, other corrective lenses, Guidelines, 8 U.S.C. 1101 reads as acknowledged by a foreign government dental devices, or other medically- follows: ‘‘national of the United States’’ or governments to be directed and related devices. ‘‘Property loss’’ is means (A) a citizen of the United States, controlled by such foreign government destruction of material goods or the or (B) a person who, though not a or governments; physical loss of money, stocks, bonds, citizen of the United States, owes (4) A group engaged in international etc. permanent allegiance to the United terrorism or activities in preparation 11. Victim (International) States.’’ [8 U.S.C. 1101]) A ‘‘person who thereof; owes permanent allegiance to the (5) A foreign-based political In cases of international terrorism and United States’’ includes residents of the organization, not substantially mass violence, the term ‘‘victim’’ has American Samoa and Swain Island, composed of United States persons; or the same meaning as ‘‘victim’’ in 42 outlying possessions of the United (6) An entity that is directed and U.S.C. § 10603b, as amended, (As of the States, who have not been granted the controlled by a foreign government or publication of these Guidelines, 42 privilege of citizenship. governments. (See 50 U.S.C. § 1801(a).) U.S.C. 10603b reads as follows: ‘‘the term ‘‘victim’’—(A) means a person who 14. Grant IV. Source of Funding is a national of the United States or an The term ‘‘grant’’ means an award of A. Crime Victims Fund officer or an employee of the United federal funds to states, units of local States Government who is injured or government, or private organizations at A major responsibility of OVC is to killed as a result of a terrorist act or the discretion of the awarding agency or administer the Crime Victims Fund, mass violence occurring outside the on the basis of a formula. Grants are which is derived, not from tax dollars, United States; and (B) in the case of a used to support a public purpose. Under but from fines and penalties paid by person * * * who is less than 18 years these final Guidelines, VOCA victim federal criminal offenders, and gifts, of age, incompetent, incapacitated, or assistance and compensation programs donations, and bequests from private deceased, includes a family member or and other state and local governmental entities or individuals. A large legal guardian of that person.’’ [42 agencies will be awarded funds in the percentage of the money collected each U.S.C. § 10603b]), except that (a) it also form of a grant. year is distributed to states to assist in includes individuals who are likely to funding their victim assistance and suffer traumatic effects of the incident, 15. Reimbursable Agreement compensation programs. These for example people in direct proximity The term ‘‘reimbursable agreement’’ programs are the lifeline services that to the crime and emergency responders; means a written instrument of help many victims to cope with the and (b) notwithstanding any other agreement for services or goods made devastation of crime. The Fund also provision hereof, in no event shall an between the Office of Justice Programs supports OVC’s training, technical individual who is criminally culpable (OJP) or one of its bureaus or offices and assistance and demonstration efforts, for the terrorist act or mass violence another federal agency or a state or local direct services to victims of federal receive any assistance under this government agency. Each Reimbursable crime, program evaluation and section, either directly or on behalf of a Agreement entered into by an OJP compliance efforts, and fellowships and victim. bureau/office to reimburse another clinical internships. agency will result in the establishment 12. Victim (Domestic) B. Antiterrorism Emergency Reserve of an obligation. Such funding In cases of terrorism and mass arrangements are negotiated by the The OVC Director is authorized to violence within the United States, the entities involved. Under these final hold certain amounts from of the Crime term ‘‘victim’’ has the same meaning as Guidelines, the transfer of funds to Victims Fund in reserve for three ‘‘victim’’ in 42 USCA 10603c, as federal agencies will be in the form of purposes—(i) To support compensation amended. (As of the publication of these a reimbursable agreement. and assistance services for victims of Guidelines, 42 U.S.C. 10603c defines domestic terrorism or mass violence, (ii) ‘‘victim’’ as a person who has suffered 16. Cooperative Agreement to support assistance services to victims direct physical or emotional harm as a The term ‘‘cooperative agreement’’ of international terrorism, and (iii) to result of the commission of a crime.) means an award to states, units of local fund directly an International Terrorism
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Victim Compensation Program. Thus far terrorist and mass violence event. The VI. Allowable Activities and Costs this money has been used to assist the nature of the support being requested is The range of services that OVC will victims of the September 11, 2001 a factor in determining the amount as support for victims of terrorism and terrorist attacks on America, Oklahoma well as the extent to which the response mass violence is outlined in this City bombing, the East Africa embassy involves activities that will result in section. Allowable expenses are based, bombings, Pan Am Flight 103 bombing, permanent improvements in how in part, on activities authorized in and school shootings in Oregon and victims access and participate in guidelines established for OVC’s Federal Colorado. In the September 11th attacks criminal justice proceedings such as the Emergency Assistance Fund and VOCA on America, and the Oklahoma City and development of protocols and systems Victim Assistance and Compensation Pan Am Flight 103 bombing cases, to enhance victim notification. Program Guidelines. In addition, OVC Congress enacted special legislation that Note: It is within the OVC Director’s has relied upon the requirements of the expanded OVC’s authority to fund authority to approve or deny requests for Attorney General Guidelines for Victim activities beyond the parameters of its support for subsequent or parallel state and Witness Assistance to afford rights previous governing statute. criminal investigations and prosecutions. and provide services to federal crime V. Types of Assistance D. Crime Victim Compensation Grants victims to guide the development of are designed to provide supplemental There are five types of support these final Guidelines. funding to a state crime victim Services identified in these final available from OVC to respond to compensation program that reimburses terrorism and mass violence: (a) Crisis Guidelines are intended to complement victims for out-of-pocket expenses services that are available from other response grants; (b) consequence related to their victimization in cases of management grants; (c) criminal justice agencies and organizations. Funding is terrorism or mass violence occurring expected to support a ‘‘base’’ level of support grants; (d) compensation grants; within the United States. Grant funds and e) technical assistance/training assistance to the victims of the terrorism may be used to pay claims to victims for services. Jurisdictions are not limited to or mass violence event. Funding may be costs that include, but are not limited to, receiving only one type of assistance. used to support activities that are medical and mental health counseling Funding and other assistance may be deemed necessary and essential to the costs, funeral and burial costs, and lost provided for an extended period of time provision of services, including a wages. (See Section VI for other if a justification is provided by the limited amount, as agreed upon by OVC allowable activities and costs.) applicant. The established time frames and the applicant, for administrative Emergency Reserve funds may not be for funding are flexible and not purposes. These services include but are used to cover property damage or intended to prohibit the submission of not limited to the following: property loss. (See ‘‘Definitions’’ section applications at a different time, if of these Guidelines.) OVC may provide A. Crisis Response Assistance warranted. Justification for an extension must funding to other organizations to cover Assistance securing compensation meet the ‘‘emergency relief’’ expenses not traditionally covered by Automated informational telephone requirement, as determined by the OVC state crime victim compensation services Child and dependent care Director and the Office of General programs. OVC will coordinate such awards with state crime victim Coordination Counsel. Funding may be provided for Crisis counseling each type of assistance available; compensation programs. In the event that a state recovers Emergency food, housing, and clothing however, coordination among the Emergency travel and transportation expenses on behalf of a victim from a applicants is expected and a separate Employer and creditor intervention application must be submitted for each. collateral source, the amount recovered Outreach, awareness, and education OVC does not provide funding directly must be used either (1) to assist other Toll-free telephone lines to individual crime victims, except victims of the same crime for which Victim/Community needs assessment compensation benefits to qualified funds were awarded, or (2) returned to (limited) OVC and deobligated in accordance applicants in the case of international B. Consequence Management Assistance terrorism. with the applicable provisions of the A. Crisis Response Grants OJP Financial Guide and Section Counseling and group therapy (emergency/short-term, up to 9 months) 1402(e)of VOCA. Case management are designed to provide resources to E. Request for Training and Technical Employer and creditor intervention help victims rebuild adaptive capacities, Assistance. A request for training or Victim informational websites decrease stressors, and to reduce technical assistance may be made any Rehabilitation expenses time during the aftermath of a terrorism Vocational rehabilitation symptoms of trauma immediately Temporary housing, per diem, and following the terrorism or mass violence or mass violence event and during the criminal justice investigation or relocation event. Requests for crisis response Emergency travel or transportation prosecution. Technical assistance is funding must be made as soon as Victim/Community needs assessment principally available to help federal, practicable following the terrorism or (expanded) mass violence event. state, and local authorities identify Outreach, awareness, and education B. Consequence Management Grants victim needs and needed resources, to Automated informational telephone (on-going/longer-term, up to 18 months) coordinate services to victims, to services are designed to provide supplemental develop short- and longer-term Coordination resources to help victims adapt to the strategies for responding, and for other trauma event and to restore victims’ purposes deemed appropriate by the C. Criminal Justice Support Assistance sense of equilibrium. OVC Director. While no direct funding Assistance with victim impact C. Criminal Justice Support Grants is available, OVC may the use the statements (on-going/longer-term, up to 36 months) Emergency Reserve to support the Attorney advisor and victim advocate are designed to facilitate victim expenses of experts to meet the training personnel cost participation in an investigation or and technical assistance needs of Automated informational telephone prosecution directly related to the applicants. services
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Case briefings by investigators, special authorization and appropriation the resources of multiple agencies prosecutors supporting allocations to other (local, state, and federal) are involved. Coordination jurisdictions, or a compelling In developing these final Guidelines, Criminal justice notification justification can be provided to the OVC OVC has drawn heavily upon the Information and Referral Director supporting requests from other experiences of agencies such as the Outreach, awareness, and education jurisdictions. Federal Emergency Management Agency Support victim participation in criminal It is the responsibility of the and the Center for Mental Health justice proceedings, e.g., travel/ jurisdiction where the crime occurred to Services, both of which have transportation to court or closed- conduct the necessary outreach and responsibility for providing assistance circuit viewing facility, counseling, make services and/or funding available to communities following disasters advocacy, etc. to all victims of crimes which occur within the United States. OVC will work Victim/Community needs assessment within their boundaries. However, if a closely with applicants to ensure the Victim Identification substantial number of victims/surviving most appropriate utilization of Victim Information (printed and family members reside in another resources. Applicants should identify electronic) jurisdiction, in cases when the applicant other public and private entities that is a state agency, the grantee may sub- have been consulted in the process of D. Crime Victim Compensation (in cases award Antiterrorism Emergency Reserve preparing the application and describe of domestic terrorism) dollars received from OVC to another how the proposed services fit within the Autopsy, refrigeration, and transport of jurisdiction/eligible state agency when overall scheme for addressing victim body doing so is an efficient and cost- needs. Coordination effective way to provide services to OVC will consider the level of Co-payments required by insurance victims/survivors who reside in another coordination and the availability of programs state. resources from other federal, state, local, Emergency travel and/or transportation OVC will not provide funding to a and private entities in making funding costs foreign power or domestic organization determinations. Extensive coordination Long-distance telephone costs to contact operated for the purpose of engaging in with agencies such as state emergency family members any significant political or lobbying preparedness, state mental health, local Medical expenses including non- activities or to individual crime victims. chapters of the American Red Cross and medical attendant services, The funded applicant may the United Way, and between federal rehabilitation and physical therapy subcontract Antiterrorism Emergency and state law enforcement and diagnostic examinations, prosthetic Reserve dollars to another organization prosecutor personnel is a necessary devices, eyeglasses with the concurrence of OVC. component of an effective response to Outpatient mental health treatment/ Subcontracting entities must meet the terrorism and mass violence and a therapy eligibility criteria and abide by the criterion upon which OVC will base its Outreach, awareness, and education statutory provisions contained in funding decision. Note: Allowable activities in one category VOCA, the Antiterrorism and Effective In cases of terrorism and mass may be necessary and authorized in another Death Penalty Act, the Victims of violence abroad, the short-term and funding category. Trafficking and Violence Protection Act, subsequent responses may involve the USA PATRIOT Act of 2001, and the resources of numerous federal and state E. Training and Technical Assistance requirements set forth in these final agencies and non-governmental Conducting needs assessment and Guidelines. organizations, depending upon the nature of the incident and location. planning B. Eligible Recipients of Benefits and Coordination of efforts in these cases is Defining the mental health needs of Services victims critical and OVC will work closely with Identifying strategies for integrating In cases abroad, eligible recipients applicants to ensure the most victim assistance in the incident include victims who are nationals of the appropriate utilization of resources. United States or an officer or employee command structure D. Areas of Special Concern Improving coordination and of the United States Government as collaboration between responding defined in section III(B), (11) of these In the development of a request for agencies/organizations final Guidelines. Unless otherwise assistance, the applicant must be Linking mental health services and indicated, these individuals are cognizant of special concerns, such as victim assistance services generally eligible for assistance from applicable state or federal victims’ rights Working cooperatively in a multi- federally-funded victim assistance laws and requirements, and the needs of disciplinary environment programs. In cases of terrorism and mass populations that are especially violence within the United States, vulnerable, such as children, the VII. Accessing Antiterrorism eligible recipients of compensation and elderly, and people with disabilities, Emergency Reserve assistance include victims as defined in and people of different ethnic A. Eligible Applicants section III (B)(12) of these final backgrounds. Guidelines, including victims of other E. Application Process Applicants eligible for funding crimes where a causal relationship to include state victim assistance and the terrorist incident can be established. An application for funding should be victim compensation programs, public submitted to the OVC Director as soon agencies including federal, state, and C. Coordination of Effort With Other as appropriate following a terrorist or local governments, and victim service Public and Private Entities mass violence event by the appropriate and non-governmental organizations. In No single agency can effectively state or federal official, or private victim cases within the United States, respond to and meet all of the short- and service or non-governmental applications will be accepted only from longer-term needs of victims of a organization. OVC has developed an the jurisdiction in which the crime terrorist or mass violence incident. In application kit for Antiterrorism and occurred unless a statute establishes a most instances within the United States Emergency Reserve dollars. The kit is
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available on the OVC Web-site at In addition, applicants, except federal I. Amount of Funding Available per www.ojp.usdoj.gov/ovc at the ‘‘grants agencies, must submit (1) SF 424, Incident and funding’’ page and will be mailed Application for Federal Funding and The amount of funding available is or faxed to potential applicants upon applicable assurances and forms; and (2) decided on a case-by-case basis based request. Budget and budget narrative including a on factors such as the availability of There are two factors that determine description of all other federal and non- other resources, the severity of the the application submission federal contributions (cash or in-kind). impact, and the number of people requirements: (1) The applicant status, To Request Training and Technical suffering from physical, emotional, or i.e., government agency (federal, state, psychological injury. OVC will not Assistance Support or local), non-governmental provide total (100%) reimbursement to organization, or victim service Training and technical assistance may any jurisdiction or program for activities organization; and (2) the type of support undertaken to assist victims of terrorism requested, i.e., crisis response, be requested by submitting a letter describing the nature of the problem; or mass violence. The amount of consequence management, criminal funding made available will be justice, victim compensation, and/or the type of expertise or assistance needed; the duration of assistance; and influenced by the availability of funding technical assistance (no direct funding). from other federal, state, local and Application requirements are listed the projected outcomes of the technical assistance or training. private sources as well as support for below. services financed by private non-profit Application Requirements for State Application Processing and Turnaround organizations such as the United Way, Crime Victim Compensation Programs Time American Red Cross, and other charitable organizations in the wake of Funding will be made available to It is OVC’s intention to provide rapid an act of terrorism or mass violence. In state crime victim compensation support to assist victims of terrorism addition, funding amounts may be programs in the form of a grant. and mass violence. Upon receipt of a affected by the duration of the response. Requests for funding from state crime letter of request and application, an If amounts awarded are not expended victim compensation programs may be OVC staff person will review the by the end of the grant period, they made at any time and should include: request, may contact the requesting must be returned to OVC for (1) A description of the qualifying agency to clarify any ambiguities, and deobligation in accordance with the crime; (2) the projected number of make a recommendation to the OVC applicable provisions of the OJP claims to be paid and the projected Director regarding the funding request Financial Guide and Section 1402(e)of number of claimants to receive in accordance with OVC’s internal VOCA. payments; (3) the state’s maximum protocol for responding to incidents of J. Grant Period award amount by category, e.g., terrorism and mass violence. The medical, mental health, loss wages, applicant can expect to receive The grant period for funding is funeral, etc.; and (4) SF 424, notification regarding the determination negotiable within the parameters Application for Federal Assistance and from OVC within 5 business days. The outlined in VOCA. Because of the applicable assurances and forms. The nature of this funding program, OVC request should also describe the range of applicant will be notified via telephone, Internet, or facsimile. will not provide long-term funding to expenses covered by the program and support a single terrorist or mass the amount of state funding available to A determination by the OVC Director violence event, except for criminal cover victim claims. to make funding available will be justice support grants when an followed by a complete review of the Application Requirements for all Other investigation and prosecution are application including an analysis and Recipients of Funds prolonged. Specific time frames have approval of the budget by the Office of been identified for each type of All other applicants seeking the Comptroller. Funds will be available assistance. However, if special Emergency Reserve support are required upon completion of the review and circumstances exist, funding and other to submit a letter of request containing written notification and acceptance of assistance may be provided for an the following information: the award. extended period of time, as determined (1) Type of crime and description of There is no specific due date for by the OVC Director based upon the criminal event; applications. However, the type of justification provided by the applicant. (2) Identification of the lead law assistance available is subject to the enforcement agency conducting the K. Requests for Reconsideration time frame when the application is investigation; received, i.e., an applicant who submits The OVC Director may deny a request (3) Estimated number of victims for funding, if the applicant fails to affected by the crime; a request 18 months after the catastrophic event will not be eligible to document the need for federal funds, if (4) Description of the applicant’s role the purposes for which funding is being receive a ‘‘crisis response’’ grant. in responding to the victim population sought fall outside the statutory since the date of the incident; H. Pre-Agreement Costs authority for the use of these funds, or (5) Description of services that if funding is unavailable, or for other funding will support and how these Generally, since a community may reasons deemed appropriate by the OVC efforts will complement services in incur substantial costs immediately Director. Applicants may request place or respond to an unmet need; following a terrorist act or mass violence reconsideration of the request based on (6) The amount of funding requested event, OVC may, upon request, approve additional information, changes in the and the time frame for support; and costs which were incurred prior to the circumstances, or the withdrawal or (7) Description of outreach and start date of the award. The applicant termination of funding from other coordination with other public and should not assume that pre-agreement sources. Requests for reconsideration private entities in the process of costs are covered without formal should be sent to the OVC Director and preparing the request for assistance. notification from OVC. should include the basis for
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reconsideration of the initial request. information, no other records narrative summation of the activities The OVC Director will review the identifiable to a specific private person and efforts supported by Emergency request and render a decision within 5 that are gathered by a recipient of VOCA Reserve dollars to include a description business days of the submission. The funds for the purpose of providing of coordination efforts, intra- and inter- OVC Director may request additional victim assistance services as described agency protocols, new services and information from the applicant or in this Guideline may be released programs established, and other large- recommend alternative support from without the specific written consent of scale activities. OVC such as technical assistance in lieu that private person, except as otherwise Note: This information will be used to of direct funding. provided by federal law, including but assess service needs of victims and communities following a large-scale criminal L. Federal Monitoring and Oversight not limited to Department of Justice authority to access information for disaster. Recipients of funds are subject to auditing, monitoring, or oversight of the 2. Service Statistics periodic reviews of financial and service program. This is particularly important delivery records and procedures by the for victim service agencies that plan to Provide detailed information on Office of the Comptroller, the General develop victim databases containing victims served, types of services Accounting Office, the DOJ Office of the specific victim information. These rendered, number of victims assisted, Inspector General, OJP’s Office of Civil provisions are intended, among other amount of funding expended, purpose Rights Compliance, or OVC. Recipients things, to assure the confidentiality of of each expenditure, e.g., hire staff, must provide authorized representatives information provided by crime victims secure space, subcontract(s) for services with access to examine all records, to employees of VOCA-funded (include the number of subcontracts, books, papers, case files, or other programs. There is nothing in VOCA or description of the activity documents related to the expenditure of its legislative history to indicate that subcontracted, the name of the contract funds received under this grant Congress intended to override or repeal, recipient), conduct training, equipment, program. in effect, a state’s existing laws travel and transportation, etc. M. Suspension and Termination of governing the disclosure of information, Note: This information will be used for Funding which is supportive of VOCA’s future revisions to these Guidelines, to inform the development of training and If, after notice, OVC finds that the fundamental goal of helping crime victims. technical assistance by OVC, to document recipient has failed to comply expenditure of funds, and to document the substantially with VOCA, including its VIII. Reporting Requirements impact and effectiveness of the federal prohibitions of discrimination on the intervention. basis of race, color, religion, national A. Financial Reporting Requirements origin, handicap, or sex, the OJP As a condition of receiving funding, 3. Description of Plans for Addressing Financial Guide (effective edition), the recipients must agree to comply with Longer Term and Unmet Needs terms outlined in the application or the general and specific requirements of Describe any on-going needs of the award document, the final Guidelines, the OJP Financial Guide, applicable victims and community, any unmet or any implementing regulation or Office of Management and Budget needs, and resources available or requirement, the OVC Director may (OMB) Circulars, and Common Rules. needed to support services once these suspend or terminate funding to the This includes maintenance of books and federal funds have been exhausted. recipient agency and/or take other records in accordance with generally- Note: This information will be used to appropriate action. Under the accepted government accounting assess the time frames for established types procedures of 28 CFR Part 18, recipients principles. Copies of the OJP Financial of assistance, the level of funding available may request a hearing on the Guide may be obtained by writing the from OVC, to identify additional sources of justification for the suspension and/or Office of Justice Programs, Office of the funding, and to make modifications to these termination of Emergency Reserve Comptroller, 810 7th Street, NW., Guidelines, as appropriate, to meet unmet assistance. Washington, DC 20531 or can be needs. accessed at the OJP Web-site at http:// N. Confidentiality and Privacy 4. Evaluation/Assessment of the www.ojp.usdoj.gov/FinGuide/. Note: Requirements Effectiveness of the Response Financial Status Reports must be Except as otherwise provided by submitted to the Office of the Briefly describe findings of any federal law, pursuant to 42 U.S.C. Comptroller for each calendar quarter in assessment of the victim service 10604(d), no officer or employee of the which the grant is active. This report is strategy, victim satisfaction with Federal Government or recipients of due even if no obligations or services rendered, and lessons learned. monies under VOCA shall use or reveal expenditures were incurred during the Note: This information will be used by any research or statistical information reporting period. OVC in planning future training and gathered under this program by any technical assistance activities, and to report person, and identifiable to any specific B. Program Reporting Requirements to Congress on the effectiveness of private person, for any purpose other Recipients of Emergency Reserve interventions with victims in cases of than the purpose for which such dollars are required to submit terrorism or mass violence. information was obtained. Such semiannual and final progress reports State agencies that administer the information, and any copy of such containing the following information VOCA formula grants and receive information, shall be immune from legal documenting how funds were expended Emergency Reserve dollars to respond to process and shall not, without the to respond to terrorism and mass a case of terrorism or mass violence consent of the person furnishing such violence: should report services and assistance information, be admitted as evidence or rendered to victims on the state used for any purpose in any action, suit, 1. Description of Services Provided performance report, and provide a or other judicial, legislative, or Provide a general description of the supplemental summary of the overall administrative proceeding. In addition range of services provided for each type effort in accordance with section to such research or statistical of assistance received. This should be a VIII(B)(1)(3)(4) above.
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Dated: January 25, 2002. John W. Gillis, Director, Office for Victims of Crime. [FR Doc. 02–2299 Filed 1–30–02; 8:45 am] BILLING CODE 4410–10–P
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Part III
Department of Justice Office for Victims of Crime
Guidelines for the Antiterrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes; Notice
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DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: VOCA Combating Terrorism Policy Support; provides federal financial assistance for one from the Drug Enforcement Office for Victims of Crime the purpose of compensating and Administration; one from the Center for assisting victims of crime, to carry out Mental Health Services, Emergency [OJP[OVC]–1309F] a training and technical assistance Services and Disaster Relief Branch, Guidelines for the Antiterrorism and program, to provide services for victims Substance Abuse and Mental Health Emergency Assistance Program for of federal crimes, to provide Services Administration; and one from Terrorism and Mass Violence Crimes compensation and assistance services the Department of State, Overseas for victims of terrorism or mass Citizens Services, Bureau of Consular AGENCY: Office for Victims of Crime, violence, and to support fellowships Affairs. Office of Justice Programs, Justice. and clinical internships. These final OVC has attempted to address all of ACTION: Notice of final guidelines. Guidelines provide specific information the comments and recommendations for the administration of funding for received during the public comment SUMMARY: The Office for Victims of response to victims of terrorism or mass period. In addition, OVC has included Crime (OVC) has developed these final violence as authorized in 42 U.S.C. in these final Guidelines new provisions Guidelines to implement the victim § 10603b and § 10603c. contained in the USA PATRIOT Act of assistance provisions contained in the 2001 (PL 107–56) which contains a Preamble to the Final Guidelines Antiterrorism and Effective Death definition of ‘‘domestic terrorism,’’ Penalty Act of 1996 (Pub. L. 104–132), OVC published proposed program expands the list of eligible applicants the Omnibus Consolidated guidelines in the Federal Register (FR, for funding in cases of ‘‘domestic Appropriations Act of 1997 (Pub. L 104– Vol. 66, No. 63) on April 2, 2001 for a terrorism,’’ establishes a new cap on the 208), the Victims of Trafficking and 30-day public comment period. In amount of money the OVC Director can Violence Protection Act of 2000 (Pub. L. addition, OVC distributed copies of the set aside to assist victims of terrorism 106–386), and the Uniting and proposed guidelines to all VOCA state and mass violence, and re-titles the Strengthening America by Providing administrators, executive directors of name of the account in which funding Appropriate Tools Required to Intercept national victim organizations, identified is set aside for these purposes as the and Obstruct Terrorism Act of 2001, representatives in federal agencies with Emergency Reserve. It also authorized Pub. L. 107–56 (hereafter referred to as victim assistance responsibilities the transfer of money into this account the USA PATRIOT Act of 2001). The including the 93 United States from the emergency supplemental Victims of Crime Act (VOCA), 42 U.S.C. Attorneys Offices, and other interested appropriation for the September 11th § 10603b and § 10603c, outlines the parties. In response to the notice of disaster specifically to support services specific authority of the OVC to provide proposed program guidelines, OVC for the victims and surviving family compensation and assistance to victims received 27 separate comments based on members of this terrorist attack. In of acts of terrorism or mass violence the Federal Register notice. In addition, addition, OVC provided two points of within and assistance to victims of comments were received from seven clarification regarding the amount of terrorism and mass violence outside the VOCA state victim assistance funding available from the Emergency United States. Funding available administrators at a working group Reserve to a jurisdiction and clarified through the Antiterrorism Emergency meeting at their annual national eligible applicants for funding based on Reserve (hereafter referred to as the conference held in Denver, Colorado. Of recent inquiries following the Emergency Reserve) is designed to the written comments received from 27 ‘‘September 11, 2001 attacks against provide timely relief and to help individuals or organizations: Three America.’’ The implementation of these respond to immediate and on-going came from special agents and medical final Guidelines will provide challenges in providing victim staff at the Federal Bureau of opportunities to broaden our assistance services in the aftermath of Investigation; three from state crime understanding of the needs of victims cases of terrorism or mass violence. victim compensation program and jurisdictions responding to Funding and technical support is not representatives; four from state human terrorism or mass violence. As OVC provided automatically. Requested services department divisions learns from these experiences we will funds must supplement, not supplant, administering mental health programs; make the necessary adjustments to this available resources. Non-federal three from state departments of health program policy guidance. and mental health; one from a state contributions (cash or in-kind) are department of public welfare, office of Analysis and Summary of Comments expected for each type of grant. Federal mental health and substance abuse Overall, the comments were agencies are not expected to make a services; three from VOCA state supportive of the direction taken by contribution. Amounts paid to victims assistance and compensation OVC in the proposed guidelines. Many from state funding sources to administrators, of which two came from respondents expressed appreciation for compensate victims of terrorism or mass a single state public safety agency; one OVC’s effort to provide structure and violence may be included in a state’s from the Federal Emergency guidance to the field regarding funding annual certification of payments to Management Agency; one from the available from the Emergency Reserve to victims, which is the basis for matching Department of Treasury Enforcement support services and assistance to annual federal crime victim Section; one from the Office of the victims of terrorism or mass violence. compensation formula grants. Inspector General and one from the Several respondents praised OVC for the EFFECTIVE DATE: These final Guidelines Secretary of the U.S. Department of flexibility built into the guidelines, are effective January 31, 2002, and until Agriculture; one from the National including the application filing period re-issuance by OVC. Association of Crime Victim and process, and timing for the different FOR FURTHER INFORMATION CONTACT: Compensation Boards; one from a types of assistance. Terrorism and International Victims VOCA state victim assistance In response to the comments and the Unit, Office for Victims of Crime, 810 administrator; one from Office of the September 11, 2001 attacks on America, Seventh Street, NW., Washington, DC Assistant Secretary of Defense, Special OVC has made several additional 20531, telephone (202)307–5983. Operation Low Intensity Conflict changes in the final Guidelines. OVC
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also has made formatting changes; use of the term ‘‘counseling’’ and the subcontracting for mental health added language to address property potential for it to encourage services, OVC believes the selection of losses and damage and victim interventions by non-qualified, non- service providers is best left to the confidentiality and privacy; added credentialed individuals. Another standards established by the affected definitions of ‘‘victim,’’ ‘‘national of the respondent also suggested that the final jurisdiction. United States,’’ ‘‘grant,’’ ‘‘cooperative Guidelines require states to document To address the possible gap in mental agreement,’’ ‘‘reimbursable agreement,’’ their inability to develop and/or identify health interventions, OVC has adjusted and ‘‘interagency agreement;’’ extended state response resources prior to the time range for consequence the period of time for accessing criminal subcontracting for mental health management grants to begin at the point justice support grants to up to 36 counseling services. One respondent in which crisis response grant funding months; added a new subsection to asked that OVC re-examine the time terminates. Hence, the consequence address federal monitoring and frames established for crisis response management grants will now be oversight; simplified the application grants and consequence management available from nine months and up to 18 requirements; provided additional grants to eliminate the gap in funding months after the terrorist or mass guidance regarding required program support for crisis counseling services violence event. reporting; and provided specific and counseling and group therapy to Application Process and Funding: A application requirements by type of ensure a continuum of psychological few respondents recommended that applicant agency. The comments from care for victims. funding available from the Emergency the field address six specific areas of the In response to the concern expressed Reserve be retroactive to the date of the Guidelines: Coordination, pre-crisis regarding the term ‘‘counseling’’ and the criminal event. Another respondent planning, mental health interventions, credentials of persons providing mental expressed support for a joint application application process and funding, health intervention, OVC has modified for funding available from OVC and the allowable activities, and definitions. the language in the final Guidelines to CMHS. Two respondents asked for The following is a summary of the indicate counseling and therapy that are clarification regarding funding comments and PVC’s response. provided by persons who meet state determinations. Specifically, they Coordination: Several of the standards or who are supervised in wanted to know the extent to which respondents asked OVC to strengthen accordance with state standards. In federal formula grant fund amounts language recommending coordination addition, we clarified this by adding would be factored into the funding among federal law enforcement and two definitions: The definition of ‘‘crisis decision, and if defined criteria will be prosecution, state victim assistance counseling’’ used in the Federal established for making funding administrators, and the state mental Emergency Management Agency determinations. Another respondent health community. In response, OVC (FEMA) regulations, and the definition asked if the range of eligible applicants added language to the ‘‘coordination of of mental health counseling and care could be expanded to include state effort with other public and private contained in OVC’s Victim Assistance criminal justice planning agencies, state entities’’ section of the final Guidelines Program Guidelines. We believe these and county mental health agencies, and recommending coordination among law two additions to the final Guidelines state departments of education. A state enforcement, prosecution, state victim address the concerns of the respondent compensation program representative assistance and compensation programs, with minimal federal intrusion on state asked that the application requirements and the mental health community. In decision-making. be revised to establish specific addition, we address this issue in the OVC has entered into an interagency supplemental information required of Introduction and Background section by agreement with the Department of state compensation programs and to adding a new subsection discussing pre- Health and Human Services’ Center for eliminate additional application crisis planning. Mental Health Services (CMHS), certifications for states that receive Pre-crisis Planning: A number of Emergency Services and Disaster Relief formula grant funding from OVC to respondents focused on the need to Branch to conduct research into support victims. In addition, the support pre-crisis planning efforts of currently available materials and respondent requested that OVC states and other jurisdictions, and protocols to address the immediate and eliminate the requirement that sought to secure funding for preliminary longer-term mental health needs of ‘‘recovered’’ funds be used to assist and on-going crisis planning efforts. victims of mass victimization; to other victims of the ‘‘specific act of They also recommended that the final prepare materials for federal law terrorism or mass violence for which Guidelines require states to have critical enforcement to assist victims of Emergency Reserve dollars were incident operations plans that identify domestic and international terrorism awarded.’’ state resources to respond to criminal and mass violence; to provide training Next, a respondent recommended that mass disasters and memoranda of and technical assistance to federal law application requirements be understanding that describe the enforcement on mental health care consolidated into one section of the relationship between the applicant and needs of victims; to assist federal law final Guidelines and specific state mental health services. enforcement in coordinating its crisis application requirements be identified Funding available to jurisdictions response role with state and local by the type of applicant. Finally, a under these final Guidelines is agencies and community service respondent asked for clarification specifically to support victim assistance organizations; and to develop regarding the time limit in which an services in the aftermath of criminal partnerships between mental health and application may be filed noting that ‘‘a mass disaster. OVC strongly supports victim assistance disciplines at the state state may initially have funds available pre-crisis planning and has identified and local levels. This information has and believe they are adequate; however various resources available to assist been added to a new subsection in the future events may deplete resources.’’ states and communities in its National final Guidelines titled ‘‘Support for Pre- In response to these Directory of Victim Assistance Funding Crisis Planning.’’ recommendations, OVC has made the Opportunities, 2001. With regard to the recommendation to following changes in the final Mental Health Interventions: One require states to document the inability Guidelines. OVC added language under respondent expressed concern about the to secure state resources before the section describing the application
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process that provides for pre-agreement Finally, OVC has consolidated all the administrative costs deemed necessary costs retroactive to the date of the mass application requirements under section and essential to the delivery of services. casualty event. Regarding the VII of the final Guidelines and In response, OVC included in the recommendation for a joint application identified the specific application allowable cost section of these final for funding available from CMHS and requirements based on the type of Guidelines the language, ‘‘authorizing OVC, we have added language to the agency/organization requesting funding use of a limited amount of available coordination section which indicates support. funding, as agreed upon by OVC and the that OVC may elect in some cases to Allowable Activities: One respondent applicant, for administrative purposes.’’ transfer funds to other federal agencies asked that ‘‘direct (victim) outreach’’ be (See Section VI.) with disaster relief responsibilities to identified as an allowable activity to Definitions: A respondent requested support victim assistance interventions, ensure that the largest number of that the definition of mass violence be including mental health counseling and victims are reached following a expanded to acknowledge specifically care. To clarify the funding decision terrorism or mass violence event. the increased financial burden that state process, we added to the definition Another respondent acknowledged the crime victim compensation programs section of the final Guidelines the term need for prolonged victim assistance may experience as a result of a criminal ‘‘undue financial hardship’’ and interventions based on the length of mass disaster. Another respondent provided additional guidance regarding time it often takes to arrest the asked that the term ‘‘family members’’ the criterion for making such perpetrator(s) and bring him/her to trial. be defined to be responsive to the determinations. The USA PATRIOT Act One respondent asked that the pool of ‘‘variability that exists in the structure of 2001 expanded the list of eligible eligible recipients be expanded to and membership of contemporary recipients for funding in cases of include emergency responders. Another families.’’ Finally, one respondent asked terrorism within the United States to respondent suggested that the allowable OVC for specific guidance on the include not only eligible state crime activities under the consequence amount of the non-federal contribution, victim compensation and assistance management assistance grants include referred to as match. programs, but also victim service automated informational telephone The use of the term ‘‘victim organizations, public agencies—federal, service, and Attorney Advisor positions assistance’’ was intended to be inclusive state, and local governments, and non- to address questions from victims about of all victim assistance efforts, including governmental organizations that provide criminal proceedings. compensation for purposes of incidents assistance to victims. Funding to foreign Direct victim outreach is an allowable of domestic terrorism or mass violence. governments is still prohibited. activity. The list of activities To clarify our intent and respond to the supportable with Emergency Reserve comment received, OVC has modified In response to the three requests dollars was not meant to be exhaustive. the definition of mass violence to affecting state compensation programs, Thus, OVC added a statement that include specific reference to crime the final Guidelines have been modified ‘‘[f]unding for services and other victim compensation efforts. OVC has to provide specific guidance regarding support may include, but is not limited elected not to define the term ‘‘family supplemental application information to * * *’’. The list of eligible activities member’’ as we believe this term should required from crime victim outlined in the final Guidelines is be defined by the responding compensation programs. OVC has intended to provide general guidance jurisdiction. elected to retain the language requiring regarding the use of funds. We have At this time, we are not prepared to that funds recovered through state added outreach and awareness to the establish a specific matching percentage subrogation provisions be used to list and language indicating that or amount, because the level of compensate other victims of the same activities that are deemed necessary and resources available to a jurisdiction terrorist or mass violence act for which essential to the provision of services following a catastrophic event will vary they were originally awarded. may be funded with Emergency Reserve greatly depending upon a range of Additional language has been added dollars. We also added automated issues, e.g., amount of public support, requiring state compensation programs informational telephone services to the funding available for non-profit and other recipients of funds to return list of allowable activities under the organizations, funding available from any remaining funds at the end of the consequence management, crisis other federal agencies. No specific grant to OVC for deobligation and response, and criminal justice support match percentage or dollar amount has deposit into the Emergency Reserve. grants, and Attorney Advisor and victim been established for this program. OVC is unable to establish a blanket advocate personnel as an allowable cost However, non-federal contributions certification for funding received from under criminal justice support grants. (cash or in-kind) are expected. OVC different account sources. Hence, no We do not offer specific guidance clarified this in the ‘‘Definitions’’ change has been made to the regarding the approach for reaching section under the term ‘‘in-kind certification requirements. OVC did not victims or delivering services support/contribution.’’ establish an application deadline recognizing that these types of decisions precisely for the reasons cited by the may depend upon specific Final Guidelines respondent. The period of time that circumstances and are best left to the These final Guidelines incorporate elapses between the submission of an responding jurisdiction. recommendations received from the application and the catastrophic event Finally, OVC added language which field during the public comment period does affect the type of grant assistance specifically identifies individuals in on the proposed guidelines, and an applicant can request, i.e., OVC will direct proximity to the crime who may amendments to VOCA contained in the not approve an application submitted 24 have been traumatized by the criminal USA PATRIOT Act of 2001. The final months after the event for a crisis event, including emergency response Guidelines are organized as follows: response grant. Clarification regarding personnel, and included a definition of I. Final Program Guidelines the time frame for application ‘‘victim’’ in the definition section of the II. Introduction and Background submission is provided in the section of final Guidelines. III. Statutory Language and Definitions the final Guidelines titled ‘‘Application A number of states suggested that IV. Source of Funding Processing and Turnaround Time.’’ OVC include among the allowable costs V. Types of Assistance
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VI. Allowable Activities and Costs attitudes, policies, and practices to prepares people for the horror of an act VII. Accessing the Antiterrorism and promote justice and healing for all of terrorism or mass violence that robs Emergency Reserve victims of crime. OVC accomplishes its them of their sense of security and in VIII. Reporting Requirements mission in a variety of ways: some instances a loved one. Victims of I. Final Program Guidelines administering the Crime Victims Fund violent crime experience a range of and the Emergency Reserve account; needs—physical, financial, emotional, A. Authority supporting direct services; providing and legal. Victims are entitled by law in 42 U.S.C. § 10604 provides authority training programs; sponsoring the United States to certain types of to the Director of OVC to establish rules, demonstration and evaluation projects information and support services. While regulations, guidelines and procedures with national and international impact; victims of terrorism have much in consistent with the program oversight publishing and disseminating materials common with other violent crime and implementation responsibilities of that highlight promising practices in the victims and with disaster victims, they the Director. OVC is publishing these effective support of crime victims that appear to experience higher levels of final Guidelines for implementation of can be replicated throughout the distress, in part due to the magnitude its authority under the USA PATRIOT country and worldwide; and sponsoring and scope of such traumatic events. Act of 2001, Antiterrorism and Effective fellowships and clinical internships. Terrorism and mass violence may Death Penalty of 1996, and the Victims Also, OVC is in the process of involve murders that are committed by of Trafficking and Violence Protection establishing a compensation program for more than one person, multiple victims, Act of 2000. These final Guidelines victims of international terrorism. and a greater degree of violence than apply only to OVC’s efforts to provide OVC works with international, other criminal acts. In addition, the funding for victim compensation and national, tribal, state, military, and local methods of targeting victims can assistance services in cases of terrorism victim assistance and criminal justice contribute to the trauma and anxiety and mass violence occurring within, agencies, as well as other professional victims feel. Terrorist acts can be either and for victim assistance services in organizations to promote fundamental random or specific. In the case of the cases of terrorism and mass violence rights and comprehensive services for Oklahoma City bombing, Federal occurring outside, the United States. crime victims. The largest amount of Government employees were the targets. OVC will issue a separate set of OVC funding is provided to state In the case of the school shooting in Guidelines to implement the new agencies designated by the governor to Littleton, Colorado at Columbine High International Terrorism Victim administer programs to assist crime School, students were the targets, Compensation Program authorized by victims—crime victim compensation resulting in 15 fatalities (including the the Victims of Trafficking and Violence and victim assistance. OVC is not only gunmen) and numerous injuries. Protection Act of 2000 (Pub. L. 106– a grant funding agency, but also Terrorism and mass violence may place 386). advocates for the fair treatment of crime people at risk for significant physical This program is designed to victims, develops policy and provides and long-term psychological injuries. supplement the available resources and technical assistance to states, localities, Like other victims of violent crime, services of entities responding to acts of and other federal agencies on effective victims of terrorism and mass violence terrorism or mass violence. Thus, responses to crime victims, and need help in dealing with the crisis Emergency Reserve support may be supports public awareness and created by the event, in stabilizing their granted if needed services cannot be education on critical victim issues (42 lives, and in understanding and U.S.C. 10604 and 10605). adequately provided with existing participating in the criminal justice OVC monitors federal agency resources, or if the provision of services process—whether there is an arrest and compliance with federal statutes and and assistance will result in an undue trial soon after the criminal act or an financial hardship on the jurisdiction’s guidelines dictating the fair treatment of crime victims, and prepares an annual arrest and trial are delayed for years. ability to respond to crime victims in a International terrorist attacks can comprehensive and timely manner or compliance report for the Attorney General as well as periodically updates involve victims and survivors from impede the jurisdiction’s ability to the Attorney General Guidelines for many different countries and different respond to other victims of crime. OVC Victim and Witness Assistance. OVC states within the United States, and in works with several federal agencies enters into interagency agreements and foreign countries. The local government such as the Federal Emergency memoranda of understanding, offers infrastructure and resources of non- Management Agency, the Department of technical assistance through expert government organizations vary Health and Human Services’ CMHS, the consultants, and forms and leads considerably in foreign countries. Thus, Department of Education, the working groups to address issues that the ability to respond to a terrorist or Department of State as well as others to have an impact on crime victims. In mass violence incident and to provide make available their respective expertise addition, OVC provides funding to crisis intervention and services to and to maximize federal funding support services to people victimized on victims abroad also varies. In addition, through interagency coordination to tribal or federal lands, such as military care givers are sometimes unable to assist crime victims. bases and national parks. Finally, OVC intervene effectively due to language, II. Introduction and Background provides emergency funds to federal legal, or cultural barriers. The efforts, agencies with victim responsibilities to services, or benefits of several federal A. OVC Mission and Purpose assist victims of federal crime when no agencies and programs, as well as state OVC was created by the U.S. other resources are available. victim assistance programs and non- Department of Justice in 1983 and government organizations may be formally established by Congress in B. Statement About Terrorism and Mass involved and must be coordinated. 1988 through an amendment to the of Violence Further, victims abroad may need 1984 (42 U.S.C. 10601) (VOCA). OVC’s Violent and unexpected acts of services or incur expenses that are not mission is to enhance the nation’s terrorism and criminal mass violence traditionally provided by states or the capacity to assist victims of crime and may leave victims with serious physical Federal Government. OVC works with to provide leadership in changing and emotional wounds. Nothing in life federal, state, and local agencies as well
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as international organizations to these initiatives and other resources E. Role of the Federal Government establish comprehensive, appropriate, available to assist with their efforts. and consistent services for these victims In recent years, the Federal D. Action To Address Terrorism and when terrorism and mass violence occur Government has been called upon to Mass Violence outside of the United States. play a larger role in mitigating and Following the bombing of the federal responding to all types of human-caused C. Support for Pre-Crisis Planning office building in Oklahoma City on violent events and disasters. The federal OVC strongly supports pre-crisis April 19, 1995, Congress took a number responsibility ranges from immediate planning as a means of assuring that of legislative steps to authorize funding disaster relief to subsequent assistance jurisdictions have identified key and activities to assist the bombing that helps victims and communities to personnel, available resources, and victims. First, they passed legislation recover from a terrorist act or mass necessary protocols required for a authorizing the Director of OVC to set violence incident, and to help victims comprehensive and effective response to aside monies in an Antiterrorism and participate effectively in the criminal criminal mass casualty crimes. OVC has Emergency Reserve account and to make justice process. In cases of terrorism and supported several initiatives to assist funds available to provide assistance mass violence within the United States interested jurisdictions with pre-crisis and compensation to the victims of the where requests for funding for mental planning efforts. These initiatives bombing, to facilitate their observation health services are made, OVC may include: promoting the development of and attendance in trial proceedings, and work in tandem with the Emergency community-based, multi-disciplinary, for other related expenses. Congress also Services and Disaster Relief Branch at interagency assessment and planning amended the VOCA of 1984 [42 U.S.C. the Center for Mental Health Services, processes for responding to cases of § 10603b] to provide general authority to Substance Abuse and Mental Health terrorism and mass violence; the design, the OVC Director to respond to other Services Administration (SAMHSA). development and implementation of incidents of terrorism or mass violence Moreover, because terrorist acts are long-range plans for establishing formal within the United States and abroad. primarily federal crimes, investigated collaborative efforts involving victim OVC has used the Antiterrorism and and prosecuted by federal law service providers, law enforcement, fire Emergency Reserve to provide funding enforcement officials, components of and rescue, and other emergency to support the victims of the Oklahoma the Department of Justice engaged in response agencies; the use of self- City bombing, the bombing of Pan Am criminal investigative, prosecution, or assessment and planning tools, Flight 103, the bombing of the U.S. correction functions have protocols for coordination and Embassies in Kenya and Tanzania, and responsibilities under the Attorney collaboration of victim services; the two cases of mass violence—the school General Guidelines for Victim and integration of victim services into shootings in Oregon and Colorado. Most Witness Assistance related to victims’ incident command structures; and recently this account has been used to rights and services. training for crisis response support the federal, state, and local implementation teams to help with responses to the terrorist attacks of F. Role of State Governments problem-solving, working cooperatively September 11, 2001. State Crime Victim Compensation in a multi-disciplinary environment, In the second session of the 106th Programs reimburse crime victims for designing and developing of interagency Congress, the Victims of Trafficking and out-of-pocket expenses related to their protocols, and skill-based training to Violence Protection Act of 2000 (Pub. L. victimization such as medical expenses, allow teams to work together. 106–386) was enacted. This law OVC has also supported the provides aid for victims of terrorism and mental health counseling, funeral and examination of materials and protocols expanded OVC’s authority to respond to burial costs, and lost wages. State to address the immediate and longer- incidents of terrorism and mass violence agencies fund a wide variety of direct term mental health needs of victims of outside the United States. Congress assistance to victims of federal and state terrorism and mass violence; the authorized the OVC Director: to deposit crimes such as crisis counseling, preparation of materials for federal law deobligated dollars from other funded temporary shelter, and criminal justice enforcement to assist victims of program areas into the Emergency advocacy. OVC works in concert with domestic and international terrorism Reserve; to expand the list of eligible these programs to maximize the limited and mass violence; the development of applicants for assistance funding in funding available to assist crime victims training and technical assistance to cases of terrorism outside the United and facilitate coordination among the federal law enforcement on mental States to include victim service various responding agencies including health care needs of victims, techniques organizations, public agencies federal law enforcement and to assist federal law enforcement in (including federal, state, or local prosecution-based victim and witness coordinating its crisis response role governments), and non-governmental assistance staff. with state and local agencies and organizations that provide assistance to G. Role of Other Public and Private community service organizations; and victims of crime; and to establish a Entities the development of partnerships program to compensate victims of acts between mental health and victim of international terrorism that occur Public and private sector assistance disciplines at the state and outside the United States. The USA organizations have a unique role in local levels. Although funding available PATRIOT Act of 2001 expanded the list meeting the needs of crime victims under these final Guidelines is intended of eligible recipients for funding in through their various mandates and to assist jurisdictions in the aftermath of cases of terrorism within the United programs. Organizations like the United a terrorist event or mass violence States to not only include eligible state Way, the American Red Cross, and incident, other resources and assistance crime victim compensation and others offer important large-scale are available from OVC to assist with assistance programs, but also victim response to communities victimized by pre-crisis planning. service organizations, public agencies— crime. In addition, community-based, Jurisdictions interested in crisis federal, state, and local governments, nonprofit victim assistance programs response planning are encouraged to and non-governmental organizations provide a wide range of vital services to contact OVC for more information about that provide assistance to victims. victims of crime that complement
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assistance available from other public organizations that provide assistance to means an intentional violent criminal and private agencies. victims. act, for which a formal investigation has been opened by the Federal Bureau of III. Statutory Language and Definitions B. Definitions Investigation or other law enforcement for This Program 1. Terrorism Occurring Within the agency, that results in physical, A. Victims of Crime Act and United States emotional or psychological injury to a Amendments For the purposes of the Antiterrorism sufficiently large number of people as to The Antiterrorism and Effective Death and Emergency Assistance Program, significantly increase the burden of Penalty Act of 1996 gave OVC the ‘‘terrorism occurring within the United victim assistance and compensation for authority to establish and access the States’’ is defined by the term ‘‘domestic the responding jurisdiction as Emergency Reserve account in terrorism terrorism’’ found in 18 U.S.C. 2331, as determined by the OVC Director. and mass violence cases. The Act amended. (As of the publication of these 4. Emergency Relief amended the VOCA adding a new Guidelines, 18 U.S.C. 2331 reads as ‘‘Emergency relief’’ means those provision, 42 U.S.C. 10603b, which follows: ‘‘domestic terrorism’’ means activities intended to address a need covers terrorism or mass violence activities that—(A) Involve acts which, if left unattended, may result in occurring either within or outside the dangerous to human life that are a significant consequences for victims. United States. The Victims of violation of the criminal laws of the Emergency relief may include assistance Trafficking and Violence Protection Act United States or of any State, (B) appear required immediately following the of 2000 expanded OVC’s authority to be intended—(i) to intimidate or crime as well as activities needed under 42 U.S.C. 10603b(a) to authorize coerce a civilian population; (ii) to during the investigation and the OVC Director to provide influence the policy of a government by prosecution of an act of terrorism or comprehensive and timely assistance to intimidation or coercion; or (iii) to affect mass violence. victims of terrorism occurring outside the conduct of a government by mass the United States. The USA PATRIOT destruction, assassination or kidnaping; 5. Supplantation Act of 2001 (Pub. L. 107–56) established and (c) occur primarily within the ‘‘Supplantation’’ means to a definition of ‘‘domestic terrorism,’’ territorial jurisdiction of the United deliberately reduce state or local funds expanded the list of eligible applicants States.’’ (18 U.S.C. 2331). because of the availability of federal for funding in cases of ‘‘domestic funds. For example, when state funds terrorism,’’ established a new cap on the 2. Terrorism Occurring Outside the United States are appropriated for a stated purpose amount of money the OVC Director can and federal funds are awarded for that set aside to assist victims of terrorism ‘‘Terrorism occurring outside the same purpose, the state replaces its state and mass violence, and re-titled the United States’’ is defined by the term funds with federal funds, thereby name of the account in which funding ‘‘international terrorism’’ found in 18 reducing the total amount available for is set aside for these purposes as the U.S.C. § 2331, as amended. (As of the the stated purpose (See OJP Financial Emergency Reserve. It also authorized publication of these Guidelines, 18 Guide available on the OJP homepage at the transfer of money into this account U.S.C. § 2331 reads as follows: ‘‘The www.ojp.usdoj.gov/). from the emergency supplemental term ‘international terrorism’ means appropriation for the September 11th activities that—(A) Involve violent acts 6. In-Kind Support/Contribution attacks on America, specifically to or acts dangerous to human life that are ‘‘In-kind support/contribution’’ support services for the victims and a violation of the criminal laws of the includes, but is not limited to, the surviving family members of this United States or of any State, or that valuation of in-kind services. ‘‘In-kind’’ terrorist attack. would be a criminal violation if is the value of something received or OVC may provide funding for committed within the jurisdiction of the provided that does not have a cost emergency relief to benefit victims, United States or of any State; (B) appear associated with it. For example, if an in- including crisis response efforts, to be intended—(i) to intimidate or kind match is permitted by law (other assistance, training, and technical coerce a civilian population; (ii) to than cash payments), then the value of assistance, and on-going assistance influence the policy of a government by donated services could be used to including during any investigation or intimidation or coercion; or (iii) to affect comply with the match requirement. prosecution. Such funding may be the conduct of a government by mass (OJP Financial Guide). provided to states, victim service destruction, assassination or kidnaping; Note: No specific matching percentage or organizations, public agencies and (C) occur primarily outside the dollar amount has been established for this (including federal, state, or local territorial jurisdiction of the United program. However, non-federal contributions governments), and non-governmental States, or transcend national boundaries (cash or in-kind) are expected from the organizations that provide assistance to in terms of the means by which they are applicant. victims of crime. accomplished, the persons they appear In cases of terrorism or mass violence intended to intimidate or coerce, or the 7. Crisis Counseling occurring within the United States, 42 locale in which their perpetrators ‘‘Crisis counseling’’ means the U.S.C. 10603b(b) authorizes OVC to operate or seek asylum.’’ (18 U.S.C. application of individual and group provide emergency relief, including 2331)). treatment procedures that are designed crisis response efforts, assistance, to ameliorate mental and emotional 3. Mass Violence Occurring Within or training, and technical assistance for the crises and any resulting psychological Outside the United States benefit of victims of terrorist acts or and behavioral conditions stemming mass violence. Funding may be awarded The term ‘‘mass violence’’ is not from a major disaster or its aftermath. to eligible state crime victim defined in VOCA or any statute compensation and assistance programs, amending VOCA, nor is it defined in the 8. Mental Health Counseling and Care victim service organizations, public U.S. Criminal Code. Thus, OVC has ‘‘Mental health counseling and care’’ agencies—federal, state, and local developed a working definition of this means the assessment, diagnosis, and governments, and non-governmental term. The term ‘‘mass violence’’ herein treatment of an individual’s mental and
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emotional functioning. Mental health Because of the nature of terrorist government or private organizations at counseling and care must be provided incidents, the term victim will also the discretion of the awarding agency. by a person, or under the supervision of include individuals who are likely to Cooperative agreements are utilized a person, who meets state standards to suffer traumatic effects of the incident, when substantial involvement is provide these services. for example people in direct proximity anticipated between the awarding to the crime and emergency responders. agency and the recipient during the 9. Undue Financial Hardship In addition, OVC requires that performance of the contemplated ‘‘Undue financial hardship’’ is one consistent with other portions of VOCA, activity. Under these final Guidelines, basis upon which OVC will make no individual who is criminally funding awarded to nonprofit funding determinations. For the purpose culpable for the terrorist act or mass organizations will be made in the form of these final Guidelines, ‘‘undue violence may receive either assistance of a cooperative agreement. financial hardship’’ means the or compensation either directly or on 17. Foreign Power unanticipated allocation of substantial behalf of a victim. financial resources that adversely affect (a) ‘‘Foreign power’’ means— the ability to fund general services for 13. National of the United States (1) A foreign government or any victims. The term ‘‘national of the United component thereof, whether or not States’’ is defined by the term ‘‘national 10. Property Damage recognized by the United States; of the United States’’ found in section (2) Faction of a foreign nation or ‘‘Property damage’’ is damage to 101(a) of the Immigration and nations, not substantially composed of material goods, but does not include Nationality Act, 8 U.S.C. 1101(a), as United States persons; damage to prosthetic devices, amended. (As of the publication of these (3) An entity that is openly eyeglasses, other corrective lenses, Guidelines, 8 U.S.C. 1101 reads as acknowledged by a foreign government dental devices, or other medically- follows: ‘‘national of the United States’’ or governments to be directed and related devices. ‘‘Property loss’’ is means (A) a citizen of the United States, controlled by such foreign government destruction of material goods or the or (B) a person who, though not a or governments; physical loss of money, stocks, bonds, citizen of the United States, owes (4) A group engaged in international etc. permanent allegiance to the United terrorism or activities in preparation 11. Victim (International) States.’’ [8 U.S.C. 1101]) A ‘‘person who thereof; owes permanent allegiance to the (5) A foreign-based political In cases of international terrorism and United States’’ includes residents of the organization, not substantially mass violence, the term ‘‘victim’’ has American Samoa and Swain Island, composed of United States persons; or the same meaning as ‘‘victim’’ in 42 outlying possessions of the United (6) An entity that is directed and U.S.C. § 10603b, as amended, (As of the States, who have not been granted the controlled by a foreign government or publication of these Guidelines, 42 privilege of citizenship. governments. (See 50 U.S.C. § 1801(a).) U.S.C. 10603b reads as follows: ‘‘the term ‘‘victim’’—(A) means a person who 14. Grant IV. Source of Funding is a national of the United States or an The term ‘‘grant’’ means an award of A. Crime Victims Fund officer or an employee of the United federal funds to states, units of local States Government who is injured or government, or private organizations at A major responsibility of OVC is to killed as a result of a terrorist act or the discretion of the awarding agency or administer the Crime Victims Fund, mass violence occurring outside the on the basis of a formula. Grants are which is derived, not from tax dollars, United States; and (B) in the case of a used to support a public purpose. Under but from fines and penalties paid by person * * * who is less than 18 years these final Guidelines, VOCA victim federal criminal offenders, and gifts, of age, incompetent, incapacitated, or assistance and compensation programs donations, and bequests from private deceased, includes a family member or and other state and local governmental entities or individuals. A large legal guardian of that person.’’ [42 agencies will be awarded funds in the percentage of the money collected each U.S.C. § 10603b]), except that (a) it also form of a grant. year is distributed to states to assist in includes individuals who are likely to funding their victim assistance and suffer traumatic effects of the incident, 15. Reimbursable Agreement compensation programs. These for example people in direct proximity The term ‘‘reimbursable agreement’’ programs are the lifeline services that to the crime and emergency responders; means a written instrument of help many victims to cope with the and (b) notwithstanding any other agreement for services or goods made devastation of crime. The Fund also provision hereof, in no event shall an between the Office of Justice Programs supports OVC’s training, technical individual who is criminally culpable (OJP) or one of its bureaus or offices and assistance and demonstration efforts, for the terrorist act or mass violence another federal agency or a state or local direct services to victims of federal receive any assistance under this government agency. Each Reimbursable crime, program evaluation and section, either directly or on behalf of a Agreement entered into by an OJP compliance efforts, and fellowships and victim. bureau/office to reimburse another clinical internships. agency will result in the establishment 12. Victim (Domestic) B. Antiterrorism Emergency Reserve of an obligation. Such funding In cases of terrorism and mass arrangements are negotiated by the The OVC Director is authorized to violence within the United States, the entities involved. Under these final hold certain amounts from of the Crime term ‘‘victim’’ has the same meaning as Guidelines, the transfer of funds to Victims Fund in reserve for three ‘‘victim’’ in 42 USCA 10603c, as federal agencies will be in the form of purposes—(i) To support compensation amended. (As of the publication of these a reimbursable agreement. and assistance services for victims of Guidelines, 42 U.S.C. 10603c defines domestic terrorism or mass violence, (ii) ‘‘victim’’ as a person who has suffered 16. Cooperative Agreement to support assistance services to victims direct physical or emotional harm as a The term ‘‘cooperative agreement’’ of international terrorism, and (iii) to result of the commission of a crime.) means an award to states, units of local fund directly an International Terrorism
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Victim Compensation Program. Thus far terrorist and mass violence event. The VI. Allowable Activities and Costs this money has been used to assist the nature of the support being requested is The range of services that OVC will victims of the September 11, 2001 a factor in determining the amount as support for victims of terrorism and terrorist attacks on America, Oklahoma well as the extent to which the response mass violence is outlined in this City bombing, the East Africa embassy involves activities that will result in section. Allowable expenses are based, bombings, Pan Am Flight 103 bombing, permanent improvements in how in part, on activities authorized in and school shootings in Oregon and victims access and participate in guidelines established for OVC’s Federal Colorado. In the September 11th attacks criminal justice proceedings such as the Emergency Assistance Fund and VOCA on America, and the Oklahoma City and development of protocols and systems Victim Assistance and Compensation Pan Am Flight 103 bombing cases, to enhance victim notification. Program Guidelines. In addition, OVC Congress enacted special legislation that Note: It is within the OVC Director’s has relied upon the requirements of the expanded OVC’s authority to fund authority to approve or deny requests for Attorney General Guidelines for Victim activities beyond the parameters of its support for subsequent or parallel state and Witness Assistance to afford rights previous governing statute. criminal investigations and prosecutions. and provide services to federal crime V. Types of Assistance D. Crime Victim Compensation Grants victims to guide the development of are designed to provide supplemental There are five types of support these final Guidelines. funding to a state crime victim Services identified in these final available from OVC to respond to compensation program that reimburses terrorism and mass violence: (a) Crisis Guidelines are intended to complement victims for out-of-pocket expenses services that are available from other response grants; (b) consequence related to their victimization in cases of management grants; (c) criminal justice agencies and organizations. Funding is terrorism or mass violence occurring expected to support a ‘‘base’’ level of support grants; (d) compensation grants; within the United States. Grant funds and e) technical assistance/training assistance to the victims of the terrorism may be used to pay claims to victims for services. Jurisdictions are not limited to or mass violence event. Funding may be costs that include, but are not limited to, receiving only one type of assistance. used to support activities that are medical and mental health counseling Funding and other assistance may be deemed necessary and essential to the costs, funeral and burial costs, and lost provided for an extended period of time provision of services, including a wages. (See Section VI for other if a justification is provided by the limited amount, as agreed upon by OVC allowable activities and costs.) applicant. The established time frames and the applicant, for administrative Emergency Reserve funds may not be for funding are flexible and not purposes. These services include but are used to cover property damage or intended to prohibit the submission of not limited to the following: property loss. (See ‘‘Definitions’’ section applications at a different time, if of these Guidelines.) OVC may provide A. Crisis Response Assistance warranted. Justification for an extension must funding to other organizations to cover Assistance securing compensation meet the ‘‘emergency relief’’ expenses not traditionally covered by Automated informational telephone requirement, as determined by the OVC state crime victim compensation services Child and dependent care Director and the Office of General programs. OVC will coordinate such awards with state crime victim Coordination Counsel. Funding may be provided for Crisis counseling each type of assistance available; compensation programs. In the event that a state recovers Emergency food, housing, and clothing however, coordination among the Emergency travel and transportation expenses on behalf of a victim from a applicants is expected and a separate Employer and creditor intervention application must be submitted for each. collateral source, the amount recovered Outreach, awareness, and education OVC does not provide funding directly must be used either (1) to assist other Toll-free telephone lines to individual crime victims, except victims of the same crime for which Victim/Community needs assessment compensation benefits to qualified funds were awarded, or (2) returned to (limited) OVC and deobligated in accordance applicants in the case of international B. Consequence Management Assistance terrorism. with the applicable provisions of the A. Crisis Response Grants OJP Financial Guide and Section Counseling and group therapy (emergency/short-term, up to 9 months) 1402(e)of VOCA. Case management are designed to provide resources to E. Request for Training and Technical Employer and creditor intervention help victims rebuild adaptive capacities, Assistance. A request for training or Victim informational websites decrease stressors, and to reduce technical assistance may be made any Rehabilitation expenses time during the aftermath of a terrorism Vocational rehabilitation symptoms of trauma immediately Temporary housing, per diem, and following the terrorism or mass violence or mass violence event and during the criminal justice investigation or relocation event. Requests for crisis response Emergency travel or transportation prosecution. Technical assistance is funding must be made as soon as Victim/Community needs assessment principally available to help federal, practicable following the terrorism or (expanded) mass violence event. state, and local authorities identify Outreach, awareness, and education B. Consequence Management Grants victim needs and needed resources, to Automated informational telephone (on-going/longer-term, up to 18 months) coordinate services to victims, to services are designed to provide supplemental develop short- and longer-term Coordination resources to help victims adapt to the strategies for responding, and for other trauma event and to restore victims’ purposes deemed appropriate by the C. Criminal Justice Support Assistance sense of equilibrium. OVC Director. While no direct funding Assistance with victim impact C. Criminal Justice Support Grants is available, OVC may the use the statements (on-going/longer-term, up to 36 months) Emergency Reserve to support the Attorney advisor and victim advocate are designed to facilitate victim expenses of experts to meet the training personnel cost participation in an investigation or and technical assistance needs of Automated informational telephone prosecution directly related to the applicants. services
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Case briefings by investigators, special authorization and appropriation the resources of multiple agencies prosecutors supporting allocations to other (local, state, and federal) are involved. Coordination jurisdictions, or a compelling In developing these final Guidelines, Criminal justice notification justification can be provided to the OVC OVC has drawn heavily upon the Information and Referral Director supporting requests from other experiences of agencies such as the Outreach, awareness, and education jurisdictions. Federal Emergency Management Agency Support victim participation in criminal It is the responsibility of the and the Center for Mental Health justice proceedings, e.g., travel/ jurisdiction where the crime occurred to Services, both of which have transportation to court or closed- conduct the necessary outreach and responsibility for providing assistance circuit viewing facility, counseling, make services and/or funding available to communities following disasters advocacy, etc. to all victims of crimes which occur within the United States. OVC will work Victim/Community needs assessment within their boundaries. However, if a closely with applicants to ensure the Victim Identification substantial number of victims/surviving most appropriate utilization of Victim Information (printed and family members reside in another resources. Applicants should identify electronic) jurisdiction, in cases when the applicant other public and private entities that is a state agency, the grantee may sub- have been consulted in the process of D. Crime Victim Compensation (in cases award Antiterrorism Emergency Reserve preparing the application and describe of domestic terrorism) dollars received from OVC to another how the proposed services fit within the Autopsy, refrigeration, and transport of jurisdiction/eligible state agency when overall scheme for addressing victim body doing so is an efficient and cost- needs. Coordination effective way to provide services to OVC will consider the level of Co-payments required by insurance victims/survivors who reside in another coordination and the availability of programs state. resources from other federal, state, local, Emergency travel and/or transportation OVC will not provide funding to a and private entities in making funding costs foreign power or domestic organization determinations. Extensive coordination Long-distance telephone costs to contact operated for the purpose of engaging in with agencies such as state emergency family members any significant political or lobbying preparedness, state mental health, local Medical expenses including non- activities or to individual crime victims. chapters of the American Red Cross and medical attendant services, The funded applicant may the United Way, and between federal rehabilitation and physical therapy subcontract Antiterrorism Emergency and state law enforcement and diagnostic examinations, prosthetic Reserve dollars to another organization prosecutor personnel is a necessary devices, eyeglasses with the concurrence of OVC. component of an effective response to Outpatient mental health treatment/ Subcontracting entities must meet the terrorism and mass violence and a therapy eligibility criteria and abide by the criterion upon which OVC will base its Outreach, awareness, and education statutory provisions contained in funding decision. Note: Allowable activities in one category VOCA, the Antiterrorism and Effective In cases of terrorism and mass may be necessary and authorized in another Death Penalty Act, the Victims of violence abroad, the short-term and funding category. Trafficking and Violence Protection Act, subsequent responses may involve the USA PATRIOT Act of 2001, and the resources of numerous federal and state E. Training and Technical Assistance requirements set forth in these final agencies and non-governmental Conducting needs assessment and Guidelines. organizations, depending upon the nature of the incident and location. planning B. Eligible Recipients of Benefits and Coordination of efforts in these cases is Defining the mental health needs of Services victims critical and OVC will work closely with Identifying strategies for integrating In cases abroad, eligible recipients applicants to ensure the most victim assistance in the incident include victims who are nationals of the appropriate utilization of resources. United States or an officer or employee command structure D. Areas of Special Concern Improving coordination and of the United States Government as collaboration between responding defined in section III(B), (11) of these In the development of a request for agencies/organizations final Guidelines. Unless otherwise assistance, the applicant must be Linking mental health services and indicated, these individuals are cognizant of special concerns, such as victim assistance services generally eligible for assistance from applicable state or federal victims’ rights Working cooperatively in a multi- federally-funded victim assistance laws and requirements, and the needs of disciplinary environment programs. In cases of terrorism and mass populations that are especially violence within the United States, vulnerable, such as children, the VII. Accessing Antiterrorism eligible recipients of compensation and elderly, and people with disabilities, Emergency Reserve assistance include victims as defined in and people of different ethnic A. Eligible Applicants section III (B)(12) of these final backgrounds. Guidelines, including victims of other E. Application Process Applicants eligible for funding crimes where a causal relationship to include state victim assistance and the terrorist incident can be established. An application for funding should be victim compensation programs, public submitted to the OVC Director as soon agencies including federal, state, and C. Coordination of Effort With Other as appropriate following a terrorist or local governments, and victim service Public and Private Entities mass violence event by the appropriate and non-governmental organizations. In No single agency can effectively state or federal official, or private victim cases within the United States, respond to and meet all of the short- and service or non-governmental applications will be accepted only from longer-term needs of victims of a organization. OVC has developed an the jurisdiction in which the crime terrorist or mass violence incident. In application kit for Antiterrorism and occurred unless a statute establishes a most instances within the United States Emergency Reserve dollars. The kit is
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available on the OVC Web-site at In addition, applicants, except federal I. Amount of Funding Available per www.ojp.usdoj.gov/ovc at the ‘‘grants agencies, must submit (1) SF 424, Incident and funding’’ page and will be mailed Application for Federal Funding and The amount of funding available is or faxed to potential applicants upon applicable assurances and forms; and (2) decided on a case-by-case basis based request. Budget and budget narrative including a on factors such as the availability of There are two factors that determine description of all other federal and non- other resources, the severity of the the application submission federal contributions (cash or in-kind). impact, and the number of people requirements: (1) The applicant status, To Request Training and Technical suffering from physical, emotional, or i.e., government agency (federal, state, psychological injury. OVC will not Assistance Support or local), non-governmental provide total (100%) reimbursement to organization, or victim service Training and technical assistance may any jurisdiction or program for activities organization; and (2) the type of support undertaken to assist victims of terrorism requested, i.e., crisis response, be requested by submitting a letter describing the nature of the problem; or mass violence. The amount of consequence management, criminal funding made available will be justice, victim compensation, and/or the type of expertise or assistance needed; the duration of assistance; and influenced by the availability of funding technical assistance (no direct funding). from other federal, state, local and Application requirements are listed the projected outcomes of the technical assistance or training. private sources as well as support for below. services financed by private non-profit Application Requirements for State Application Processing and Turnaround organizations such as the United Way, Crime Victim Compensation Programs Time American Red Cross, and other charitable organizations in the wake of Funding will be made available to It is OVC’s intention to provide rapid an act of terrorism or mass violence. In state crime victim compensation support to assist victims of terrorism addition, funding amounts may be programs in the form of a grant. and mass violence. Upon receipt of a affected by the duration of the response. Requests for funding from state crime letter of request and application, an If amounts awarded are not expended victim compensation programs may be OVC staff person will review the by the end of the grant period, they made at any time and should include: request, may contact the requesting must be returned to OVC for (1) A description of the qualifying agency to clarify any ambiguities, and deobligation in accordance with the crime; (2) the projected number of make a recommendation to the OVC applicable provisions of the OJP claims to be paid and the projected Director regarding the funding request Financial Guide and Section 1402(e)of number of claimants to receive in accordance with OVC’s internal VOCA. payments; (3) the state’s maximum protocol for responding to incidents of J. Grant Period award amount by category, e.g., terrorism and mass violence. The medical, mental health, loss wages, applicant can expect to receive The grant period for funding is funeral, etc.; and (4) SF 424, notification regarding the determination negotiable within the parameters Application for Federal Assistance and from OVC within 5 business days. The outlined in VOCA. Because of the applicable assurances and forms. The nature of this funding program, OVC request should also describe the range of applicant will be notified via telephone, Internet, or facsimile. will not provide long-term funding to expenses covered by the program and support a single terrorist or mass the amount of state funding available to A determination by the OVC Director violence event, except for criminal cover victim claims. to make funding available will be justice support grants when an followed by a complete review of the Application Requirements for all Other investigation and prosecution are application including an analysis and Recipients of Funds prolonged. Specific time frames have approval of the budget by the Office of been identified for each type of All other applicants seeking the Comptroller. Funds will be available assistance. However, if special Emergency Reserve support are required upon completion of the review and circumstances exist, funding and other to submit a letter of request containing written notification and acceptance of assistance may be provided for an the following information: the award. extended period of time, as determined (1) Type of crime and description of There is no specific due date for by the OVC Director based upon the criminal event; applications. However, the type of justification provided by the applicant. (2) Identification of the lead law assistance available is subject to the enforcement agency conducting the K. Requests for Reconsideration time frame when the application is investigation; received, i.e., an applicant who submits The OVC Director may deny a request (3) Estimated number of victims for funding, if the applicant fails to affected by the crime; a request 18 months after the catastrophic event will not be eligible to document the need for federal funds, if (4) Description of the applicant’s role the purposes for which funding is being receive a ‘‘crisis response’’ grant. in responding to the victim population sought fall outside the statutory since the date of the incident; H. Pre-Agreement Costs authority for the use of these funds, or (5) Description of services that if funding is unavailable, or for other funding will support and how these Generally, since a community may reasons deemed appropriate by the OVC efforts will complement services in incur substantial costs immediately Director. Applicants may request place or respond to an unmet need; following a terrorist act or mass violence reconsideration of the request based on (6) The amount of funding requested event, OVC may, upon request, approve additional information, changes in the and the time frame for support; and costs which were incurred prior to the circumstances, or the withdrawal or (7) Description of outreach and start date of the award. The applicant termination of funding from other coordination with other public and should not assume that pre-agreement sources. Requests for reconsideration private entities in the process of costs are covered without formal should be sent to the OVC Director and preparing the request for assistance. notification from OVC. should include the basis for
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reconsideration of the initial request. information, no other records narrative summation of the activities The OVC Director will review the identifiable to a specific private person and efforts supported by Emergency request and render a decision within 5 that are gathered by a recipient of VOCA Reserve dollars to include a description business days of the submission. The funds for the purpose of providing of coordination efforts, intra- and inter- OVC Director may request additional victim assistance services as described agency protocols, new services and information from the applicant or in this Guideline may be released programs established, and other large- recommend alternative support from without the specific written consent of scale activities. OVC such as technical assistance in lieu that private person, except as otherwise Note: This information will be used to of direct funding. provided by federal law, including but assess service needs of victims and communities following a large-scale criminal L. Federal Monitoring and Oversight not limited to Department of Justice authority to access information for disaster. Recipients of funds are subject to auditing, monitoring, or oversight of the 2. Service Statistics periodic reviews of financial and service program. This is particularly important delivery records and procedures by the for victim service agencies that plan to Provide detailed information on Office of the Comptroller, the General develop victim databases containing victims served, types of services Accounting Office, the DOJ Office of the specific victim information. These rendered, number of victims assisted, Inspector General, OJP’s Office of Civil provisions are intended, among other amount of funding expended, purpose Rights Compliance, or OVC. Recipients things, to assure the confidentiality of of each expenditure, e.g., hire staff, must provide authorized representatives information provided by crime victims secure space, subcontract(s) for services with access to examine all records, to employees of VOCA-funded (include the number of subcontracts, books, papers, case files, or other programs. There is nothing in VOCA or description of the activity documents related to the expenditure of its legislative history to indicate that subcontracted, the name of the contract funds received under this grant Congress intended to override or repeal, recipient), conduct training, equipment, program. in effect, a state’s existing laws travel and transportation, etc. M. Suspension and Termination of governing the disclosure of information, Note: This information will be used for Funding which is supportive of VOCA’s future revisions to these Guidelines, to inform the development of training and If, after notice, OVC finds that the fundamental goal of helping crime victims. technical assistance by OVC, to document recipient has failed to comply expenditure of funds, and to document the substantially with VOCA, including its VIII. Reporting Requirements impact and effectiveness of the federal prohibitions of discrimination on the intervention. basis of race, color, religion, national A. Financial Reporting Requirements origin, handicap, or sex, the OJP As a condition of receiving funding, 3. Description of Plans for Addressing Financial Guide (effective edition), the recipients must agree to comply with Longer Term and Unmet Needs terms outlined in the application or the general and specific requirements of Describe any on-going needs of the award document, the final Guidelines, the OJP Financial Guide, applicable victims and community, any unmet or any implementing regulation or Office of Management and Budget needs, and resources available or requirement, the OVC Director may (OMB) Circulars, and Common Rules. needed to support services once these suspend or terminate funding to the This includes maintenance of books and federal funds have been exhausted. recipient agency and/or take other records in accordance with generally- Note: This information will be used to appropriate action. Under the accepted government accounting assess the time frames for established types procedures of 28 CFR Part 18, recipients principles. Copies of the OJP Financial of assistance, the level of funding available may request a hearing on the Guide may be obtained by writing the from OVC, to identify additional sources of justification for the suspension and/or Office of Justice Programs, Office of the funding, and to make modifications to these termination of Emergency Reserve Comptroller, 810 7th Street, NW., Guidelines, as appropriate, to meet unmet assistance. Washington, DC 20531 or can be needs. accessed at the OJP Web-site at http:// N. Confidentiality and Privacy 4. Evaluation/Assessment of the www.ojp.usdoj.gov/FinGuide/. Note: Requirements Effectiveness of the Response Financial Status Reports must be Except as otherwise provided by submitted to the Office of the Briefly describe findings of any federal law, pursuant to 42 U.S.C. Comptroller for each calendar quarter in assessment of the victim service 10604(d), no officer or employee of the which the grant is active. This report is strategy, victim satisfaction with Federal Government or recipients of due even if no obligations or services rendered, and lessons learned. monies under VOCA shall use or reveal expenditures were incurred during the Note: This information will be used by any research or statistical information reporting period. OVC in planning future training and gathered under this program by any technical assistance activities, and to report person, and identifiable to any specific B. Program Reporting Requirements to Congress on the effectiveness of private person, for any purpose other Recipients of Emergency Reserve interventions with victims in cases of than the purpose for which such dollars are required to submit terrorism or mass violence. information was obtained. Such semiannual and final progress reports State agencies that administer the information, and any copy of such containing the following information VOCA formula grants and receive information, shall be immune from legal documenting how funds were expended Emergency Reserve dollars to respond to process and shall not, without the to respond to terrorism and mass a case of terrorism or mass violence consent of the person furnishing such violence: should report services and assistance information, be admitted as evidence or rendered to victims on the state used for any purpose in any action, suit, 1. Description of Services Provided performance report, and provide a or other judicial, legislative, or Provide a general description of the supplemental summary of the overall administrative proceeding. In addition range of services provided for each type effort in accordance with section to such research or statistical of assistance received. This should be a VIII(B)(1)(3)(4) above.
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Dated: January 25, 2002. John W. Gillis, Director, Office for Victims of Crime. [FR Doc. 02–2299 Filed 1–30–02; 8:45 am] BILLING CODE 4410–10–P
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Part IV
Department of Health and Human Services Agency for Toxic Substances and Disease Registry
Update on the Status of the Superfund Substance-Specific Applied Research Program; Notice
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DEPARTMENT OF HEALTH AND hexachlorocyclohexane (alpha-, beta-, research to fill data needs until ATSDR HUMAN SERVICES delta- and gamma-), manganese, announces that other research methoxychlor, and toxaphene. mechanisms are in place to address Agency for Toxic Substances and Recently, priority data needs for 10 those specific data needs. Disease Registry additional hazardous substances ADDRESSES: Private-sector organizations [ATSDR–178] frequently found at waste sites were interested in volunteering to conduct determined and announced in the research can write to Dr. William Update on the Status of the Superfund Federal Register (66 FR 42659). The 10 Cibulas, Chief, Research Substance-Specific Applied Research substances, each of which is included in Implementation Branch, Division of Program ATSDR’s Priority List of Hazardous Toxicology, ATSDR, 1600 Clifton Road, Substances, are asbestos, benzidine, NE., Mailstop E–29, Atlanta, Georgia AGENCY: Agency for Toxic Substances chlorinated dibenzo-p-dioxins, 1,2- 30333, e-mail: [email protected]. and Disease Registry (ATSDR), dibromoethane, 1,2-dichloroethane, 1,1- Information about pertinent ongoing or Department of Health and Human dichloroethane, ethylbenzene, completed research that may fill priority Services (HHS). pentachlorophenol, 1,1,2,2- data needs cited in this Notice should ACTION: Notice. tetrachloroethane, and total xylenes. be similarly addressed. SUMMARY: This Notice provides the ATSDR invited the public to comment Other Requirements: Projects that status of ATSDR’s Superfund-mandated on the priority data needs for these involve the collection of information Substance-Specific Applied Research substances during a period of 90 days. from 10 or more individuals and funded Program (SSARP) which was last ATSDR is responding to the comments, by cooperative agreement will be subject updated in a Federal Register notice in and a final list of priority data needs to review by the Office of Management 1999 (64 FR 2760). Authorized by the will be published in the Federal and Budget (OMB) under the Paperwork Comprehensive Environmental Register in the near future. Reduction Act. Response, Compensation, and Liability To date, 190 priority data needs have FOR FURTHER INFORMATION CONTACT: Dr. Act of 1980 (CERCLA, also known as the been identified for the first 50 William Cibulas, Chief, Research Superfund statute), as amended by the hazardous substances (Table 1). ATSDR Implementation Branch, Division of Superfund Amendments and fills these data needs through U.S. Toxicology, ATSDR, 1600 Clifton Road, Reauthorization Act of 1986 (SARA) 42 Environmental Protection Agency (EPA) NE., Mailstop E–29, Atlanta, Georgia U.S.C. 9604 (i), this research program regulatory mechanisms (test rules), 30333, telephone: (404) 498–0715, fax: was initiated on October 17, 1991. At private-sector voluntarism, and the (404) 498–0092. This notice will also be that time, a list of priority data needs for direct use of CERCLA funds. Additional available on ATSDR’s website at 38 priority hazardous substances data needs are being addressed through http://www.atsdr.cdc.gov or you may frequently found at waste sites was collaboration with the National call the ATSDR Information Center at 1– announced in the Federal Register (56 Toxicology Program (NTP), by ATSDR’s 888–422–8737. FR 52178). The list was subsequently Great Lakes Human Health Effects SUPPLEMENTARY INFORMATION: revised based on public comments and Research Program, and other agency Background published in final form on November programs. Currently, 101 priority data 16, 1992 (57 FR 54150). needs associated with the first 50 CERCLA as amended by SARA (42 The 38 substances, each of which is substances are being addressed via these U.S.C. 9604(i)) requires that ATSDR (1) found on ATSDR’s Priority List of mechanisms, and 62 priority data needs jointly with the EPA, develop and Hazardous Substances (66 FR 54014, have been filled. Priority data needs prioritize a list of hazardous substances October 25, 2001), are aldrin/dieldrin, documents describing ATSDR’s found at National Priorities List (NPL) arsenic, benzene, beryllium, cadmium, rationale for prioritizing research needs sites, (2) prepare toxicological profiles carbon tetrachloride, chloroethane, for each substance are available. See for these substances, and (3) assure the chloroform, chromium, cyanide, p,p′- ADDRESSES section of this Notice. initiation of a research program to DDT,DDE,DDD, di(2-ethylhexyl) This Notice also serves as a address identified data needs associated phthalate, lead, mercury, methylene continuous call for voluntary research with the substances. Before starting chloride, nickel, polychlorinated proposals. Private-sector organizations such a program, ATSDR will consider biphenyl compounds (PCBs), polycyclic may volunteer to conduct research to recommendations of the Interagency aromatic hydrocarbons (PAHs— address specific priority data needs Testing Committee on the type of includes 15 substances), selenium, identified in this Notice by indicating research that should be done. This tetrachloroethylene, toluene, their interest through submission of a committee was established under trichloroethylene, vinyl chloride, and letter of intent to ATSDR (see Section 4(e) of the Toxic Substances zinc. ADDRESSES section of this Notice). A Tri- Control Act of 1976 [15 U.S.C. On July 30, 1997, priority data needs Agency Superfund Applied Research 2604(e)](TSCA). for 12 additional hazardous substances Committee (TASARC) composed of The major goals of the ATSDR SSARP frequently found at waste sites were scientists from ATSDR, NTP, and the are (1) to address the substance-specific determined and announced in the EPA, will review all proposed voluntary information needs of the public and Federal Register (62 FR 40820). The 12 research efforts. scientific community, and (2) to supply substances, each of which is included in DATES: ATSDR provides updates on the information necessary to improve the ATSDR’s Priority List of Hazardous status of its Substance-Specific Applied database used to conduct Substances, are chlordane, 1,2-dibromo- Research Program approximately every comprehensive public health 3-chloropropane, di-n-butyl phthalate, 3 years. ATSDR considers the voluntary assessments of populations living near disulfoton, endrin (includes endrin research effort to be important to the hazardous waste sites. We anticipate aldehyde), endosulfan (alpha-, beta-, continuing implementation of the that the information will help to and endosulfan sulfate), heptachlor SSARP. Therefore, the agency strongly establish linkages between levels of (includes heptachlor epoxide), encourages private-sector organizations contaminants in the environment and hexachlorobutadiene, to volunteer at any time to conduct levels in human tissue and organs
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associated with adverse health effects. through TSCA. In addition, it has Children’s Chemical Evaluation Once such links have been established, endorsed the proposals of several Program. strategies to mitigate potentially harmful private-sector organizations to conduct Specific Criteria exposures can be developed. This voluntary research. Furthermore, program will also provide data that can TASARC has become a forum for other Since the 1999 SSARP update in the be generalized to other substances or federal agencies to bring forth their Federal Register, ATSDR has developed areas of science, including risk research agendas. For example, it has specific criteria for two categories of assessment of chemicals, thus creating a coordinated research efforts on data needs described below. • scientific information base for hazardous pollutants with the Office of Epidemiologic studies—A priority addressing a broader range of data Air and Radiation, EPA. TASARC has data need is filled if multiple new needs. developed testing guidelines for studies assessing key health end points ATSDR encourages the use of in vitro immunotoxicity; and has endorsed the are available in ATSDR’s updated assessment methods and other use of decision-support methodologies toxicological profile and/or ongoing innovative tools for filling priority data such as physiologically based studies have been identified, e.g., needs. For example, the agency believes pharmacokinetic (PBPK) modeling and human health studies supported by that physiologically based benchmark-dose modeling, where ATSDR’s Great Lakes Human Health pharmacokinetic (PBPK) modeling appropriate. Effects Research Program or the could serve as a valuable tool in Additional data needs are being Minority Health Professions Foundation predicting across route similarities (or addressed through collaborative Research Program. In some cases, differences) in toxicological responses research efforts with NTP, by ATSDR’s ATSDR indicates that it will continue to to hazardous substances. Therefore, on Great Lakes Human Health Effects evaluate new data as they become a case-by-case basis, a priority data need Research Program, and other agency available to determine whether can be filled using existing data and programs. To date, 101 priority data additional studies are needed. • Exposure levels in humans—A modeling. In addition, ATSDR is a needs associated with the first 50 priority data need is filled if (a) there are member of NTP’s Interagency substances (Table 1) are being addressed current and adequate biomonitoring Coordinating Committee on the via these mechanisms. Validation of Alternative Methods data for exposed populations associated (ICCVAM) and supports development, Criteria for Evaluating Status of with health effects (from published or validation, and acceptance of alternative Priority Data Needs ongoing studies), or (b) there are toxicological test methods that reduce, To update the activities covered reference range data (e.g., National refine, and replace the use of animals, under the SSARP, criteria for evaluating Health and Nutrition Examination as appropriate. the status of the priority data needs Survey (NHANES)) or generally agreed CERCLA section 104(i)(5)(D) states were developed. Based on these criteria upon background population levels. In that it is the sense of Congress that the and the review of the current literature, the latter case, ATSDR acknowledges costs for conducting this research a priority data need can be filled, or that reference concentration data can program ‘‘be borne by the manufacturers unchanged. In the event a priority data support exposure and health and processors of the hazardous need is considered filled, it does not assessments at waste sites, but the substance in question,’’ as required in necessarily mean that the study has agency also continues to recognize the importance of collecting additional data TSCA and the Federal Insecticide, been completed and that ATSDR has on uniquely exposed populations at Fungicide, and Rodenticide Act of 1972 accepted the data. It does, however, (7 U.S.C. 136 et seq.) (FIFRA), or by cost waste sites. indicate that the agency no longer It should be noted that the status of recovery from responsible parties under considers it a priority to initiate the priority data needs may change in CERCLA. To execute this statutory additional studies at this time. future updates of the SSARP as new intent, ATSDR developed a plan The criteria for evaluating the status information becomes available. Further, whereby parts of the SSARP are being of the priority data needs are described during the literature review, new conducted via the regulatory below. studies may be identified suggesting mechanisms referenced (TSCA/FIFRA), General Criteria other effects of concern, such as those private-sector voluntarism, and the related to endocrine disruptors and direct use of CERCLA funds. A priority data need is filled: The TASARC, composed of scientists • If it has been referred to one of the children’s health, which have not been from ATSDR, NTP, and EPA, has been implementation mechanisms and included in the original list of priority set up to: research has been initiated, or data needs. In such cases, additional (1) Advise ATSDR on the assignment • If an updated ATSDR toxicological priority data needs may be added to the of priorities for mechanisms to address profile or other recent review document research agenda. For example, for both data needs, contains relevant new (peer-reviewed tetrachloroethylene and (2) Coordinate knowledge of research and publicly available) studies since the trichloroethylene, the priority data need activities to avoid duplication of finalization of the priority data needs for developmental neurotoxicity study research in other programs and under document; and it is generally agreed is now listed separately from the other authorities, that a priority data need no longer priority data need for one-species (3) Advise ATSDR on issues of exists. developmental toxicity (see Table 1). science related to substance-specific A priority data need remains Therefore, the total number of priority data needs, and unchanged: data needs changed accordingly, i.e., (4) Maintain a scheduled forum that • If no mechanism or information has from a total of 188 reported in the provides an overall review of the been identified to address the priority Federal Register notice in 1999 (64 FR ATSDR SSARP. data need, or 2760) to 190 in the current update TASARC has met 10 times since the • If the priority data need is included notice. Also, research needs previously initiation of the SSARP. It has guided in the ATSDR/EPA test rule under considered filled might be reassigned as referral of data needs to EPA and the development, or is associated with a priority data needs, e.g., if a previously associated development of test rules pilot substance in EPA’s Voluntary derived Minimal Risk Level (MRL), a
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health guidance value, was withdrawn test rule development for these metals at Halogenated Solvents Industry Alliance from the updated ATSDR toxicological a later date. (HSIA) profile. Finally, a priority data need B. Private-Sector Voluntarism In 1995, ATSDR entered into an MOU previously associated with an with HSIA covering studies to address implementation mechanism, may no On February 7, 1992, as part of the three priority data needs for methylene longer be addressed via that mechanism Substance-Specific Applied Research chloride. The studies, ‘‘Addressing (or any other mechanism) if the study Program (SSARP), ATSDR announced a priority data needs for methylene being conducted to fill the specific set of proposed procedures for chloride with physiologically based priority data need is discontinued. conducting voluntary research (57 FR pharmacokinetic modeling,’’ evaluated Based on the above criteria, 62 4758). Revisions based on public acute- and subchronic-duration toxicity priority data needs have been filled. comments were published on November and developmental toxicity via oral Update of Activities in the SSARP 16, 1992 (57 FR 54160). Private-sector exposure. The data were obtained using organizations were encouraged to physiologically based pharmacokinetic An update of the activities associated volunteer to conduct research to fill modeling. The final report for these with the mechanisms for implementing specific priority data needs at no studies was accepted by the agency in the ATSDR Substance-Specific Applied expense to ATSDR. February 1997. Research Program (SSARP) is discussed In September 1999, HSIA entered into below. Publications and reports of To date, ATSDR has established a second MOU with ATSDR to conduct research completed under the various agreements with the American a study, ‘‘Methylene chloride: 28 day implementation mechanisms are Chemistry Council (ACC) [formerly the inhalation toxicity study in the rat to available by writing to ATSDR (see Chemical Manufacturers Association assess potential immunotoxicity.’’ The ADDRESSES section of this Notice). (CMA)], the General Electric Company agency accepted the final report for the (GE), and the Halogenated Solvents A. TSCA/FIFRA study in November 2000. HSIA is in the Industry Alliance, Inc. (HSIA) to process of obtaining oral data from the In developing and implementing the conduct substance-specific research inhalation study using PBPK modeling. SSARP, ATSDR, NTP, and EPA have (Table 2). Through the voluntary This is because ATSDR has determined identified a subset of priority data needs research efforts of these organizations, at ingestion of contaminated for substances of mutual interest to the least 16 research needs for environmental media to be the primary federal programs. These data needs are polychlorinated biphenyl compounds exposure route at hazardous waste sites. being addressed through a program of [PCBs], methylene chloride, HSIA intends to conduct similar toxicologic testing under TSCA tetrachloroethylene, trichloroethylene, immunotoxicity studies for according to established procedures and and vinyl chloride are being addressed tetrachloroethylene and guidelines. On several occasions when (Table 2). trichloroethylene. ATSDR identified priority data needs American Chemistry Council (ACC) In February 2000, ATSDR signed a for oral exposure, other agencies needed Formerly the Chemical Manufacturers third MOU with HSIA, which inhalation data. In response, ATSDR is Association (CMA) conducted a study, ‘‘Trichloroethylene: considering proposals to conduct Inhalation Developmental Toxicity inhalation studies in conjunction with In 1996, ATSDR entered into a Study in CD Rats.’’ The agency accepted physiologically based pharmacokinetic memorandum of understanding (MOU) the final report of the study in (PBPK) studies in lieu of oral studies. with ACC covering two studies, ‘‘Vinyl September 2001. As in the case of the ATSDR expects that inhalation data chloride: Combined inhalation two- methylene chloride immunotoxicity derived from these studies can be used generation reproduction and study described above, HSIA intends to with PBPK modeling to address its oral developmental toxicity study in CD obtain developmental toxicity data for toxicity data needs. Currently, an EPA/ rats.’’ In November 2000, ATSDR oral exposure using PBPK modeling. ATSDR test rule, under development, accepted the final reports of the studies. Also, HSIA plans to perform similar includes eight ATSDR substances, i.e., developmental toxicity studies for benzene, chloroethane, cyanide General Electric Company (GE) tetrachloroethylene. Finally, ATSDR (hydrogen cyanide and sodium and HSIA are continuing discussion to In 1995, ATSDR entered into an MOU cyanide), methylene chloride, address additional priority data needs with SSARP covering two studies on tetrachloroethylene, toluene and for trichloroethylene and PCBs: (1) ‘‘An assessment of the chronic trichloroethylene, and addresses 18 tetrachloroethylene in conjunction with toxicity and oncogenicity of Aroclors ATSDR priority data needs (Table 2). EPA’s pilot studies for its Voluntary 1016, 1242, 1254, and 1260 The test rule is presently undergoing Children’s Chemical Evaluation administered in diet to rats,’’ including ATSDR and EPA final review. We Program. anticipate it will be available for public ‘‘PCB congener analyses,’’ and (2) In addition to the substance-specific comment in the near future. ‘‘Metabolite detection as a tool for MOUs described above, in March 2001, TASARC has established an determining naturally occurring aerobic ATSDR also signed an MOU with the interagency task force on metals and has PCB biodegradation.’’ While the above Electric Power Research Institute, Inc. conducted a survey to assess federal studies do not address ATSDR’s priority (EPRI) on ‘‘Verification of Techniques agencies’ needs for testing metals. data needs for PCBs, they do address for Assessing the Effects of Currently, the task force has agreed to other agency research needs for these Neurotoxicants on Neurodevelopment examine at least seven metals included substances. in Children.’’ The objective of the study in the ATSDR’s SSARP (arsenic, The agency accepted the final report is to validate a battery of beryllium, chromium, manganese, for the chronic toxicity and neurodevelopmental tests for use in mercury, nickel, and selenium, oncogenicity of the four aroclors in assessing the effects of prenatal or associated with 22 priority data needs) October 1997,and the final report for the postnatal exposure to developmental (Table 2). The EPA will solicit testing aerobic biodegradation study in July neurotoxicants. The study includes an proposals for these metals and pursue 1999. evaluation of a broad spectrum of
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functions; therefore, the validation of consultation with the administrator of F. Other ATSDR Programs these tests will be useful for further EPA and agencies and programs of the In its role as a public health agency assessing the developmental Public Health Service) to assess whether addressing environmental health, neurotoxicity of some of the ATSDR adequate information on the health ATSDR may collect human data to priority substances such as the PCBs, effects of priority hazardous substances validate substance-specific exposure methylmercury, and lead. In addition to found at NPL sites is available. Where and toxicity findings. The need for the private sector support (EPRI), adequate information is not available, additional information on levels of ATSDR is coordinating a federal effort ATSDR, in cooperation with the contaminants in humans has been (via interagency agreements with EPA, National Toxicology Program (NTP), is identified, and remains as a priority Food and Drug Administration [FDA] required to assure the initiation of a data need for 49 of the first 50 priority and NIEHS) to support the study. program of research designed to substances (Table 1). ATSDR will obtain determine these health effects (and C. CERCLA-Funded Research (Minority this information through exposure and techniques for developing methods to Health Professions Foundation Research health effects studies, and through determine such health effects). Program) ATSDR has been collaborating with establishing and using substance- During FY 1992, ATSDR announced a NTP to address priority data needs of specific subregistries of people within $4 million cooperative agreement mutual interest, including (1) di-n-butyl the agency’s National Exposure Registry program with the Minority Health phthalate: dose-response data in who have potentially been exposed to Professions Foundation (MHPF) to animals for acute-duration exposure via these substances. support substance-specific oral exposure route, (2) carbon The list of the 50 priority hazardous investigations. A not-for-profit Internal tetrachloride: immunotoxicology study substances in the SSARP was forwarded Revenue Code 501(c)(3) organization, via oral exposure, and (3) heptachlor: to ATSDR’s Exposure and Disease the MHPF comprises 11 minority health reproductive toxicity study via oral Registry Branch (EDRB), Division of professions schools. Its primary mission exposure (Table 2). Health Studies, for consideration as is to research health problems that potential candidates for subregistries of disproportionately affect poor and E. Great Lakes Human Health Effects exposed persons, based on criteria minority citizens. The purpose of this Research Program described in its 1994 document, cooperative agreement is to address Some of the priority data needs ‘‘National Exposure Registry: Policies substance-specific data needs for identified in the SSARP have been and Procedures Manual (Revised),’’ priority hazardous substances identified independently identified as research Agency for Toxic Substances and by ATSDR. In addition, this agreement needs through the ATSDR Great Lakes Disease Registry, Public Health Service, strengthens the environmental health Human Health Effects Research U.S. Department of Health and Human research opportunities for scientists and Program, a separate research program. Services, Atlanta, Georgia, NTIS students at MHPF member institutions In support of the Great Lakes Critical Publication No. PB95–154571. To date, and enhances existing disciplinary Programs Act of 1990, ATSDR of the first 50 priority substances in the capacities to conduct research in announced in FY 1992 the availability SSARP, ATSDR has established toxicology and environmental health. of $2 million for a grant program to subregistries for benzene, chromium, In the first 5-year project period that conduct research on the potential for and trichloroethylene. Arsenic, concluded during FY 1997, nine priority short- and long-term adverse health cadmium, and lead are not considered data needs for 21 priority hazardous effects from consumption of to be in the pool of candidate substances substances and 22 other research needs contaminated fish from the Great Lakes for an exposure registry at this time, for these and other substances were basin. Research undertaken through this and, therefore, are not considered addressed. The MHPF has developed a program is intended to build on and priority data needs. This decision will report, ‘‘Environmental Health and amplify the results of past and ongoing be reevaluated as more information on Toxicology Research Program: Meeting fish consumption research in the Great the chemicals and exposure sites Environmental Health Challenges Lakes basin. The ATSDR-supported become available. All other substances Through Research, Education, and research projects focus on known high- in the SSARP (Table 1) remain in the Service,’’ that describes the research risk populations to define further the candidate pool and therefore continue findings and other successes from the human health consequences of exposure to be classified as priority data needs. first 5 years of the program. New to persistent toxic substances (PTSs) They will be considered for selection as research initiated in the second 5-year identified in the Great Lakes basin. primary contaminants during each project period includes studies to These at-risk populations include sport selection process. anglers; African Americans, Asians and address 10 additional priority data G. Conclusion needs for chlordane, 1,2-dibromo-3- other non-English speaking populations; chloropropane, di-n-butyl phthalate, pregnant women; fetuses, nursing The results of the research conducted lead, manganese, the polycyclic infants, and children of mothers who via the SSARP are expected to provide aromatic hydrocarbons (PAHs), zinc, consume contaminated Great Lakes information necessary to improve the and eight other research needs. sport fish; the elderly, and the urban database used to conduct To date, the MHPF activities have poor. To date, the research activities of comprehensive public health resulted in the publication of 50 the ATSDR Great Lakes research assessments of populations living near manuscripts in peer-reviewed journals. program have resulted in 55 hazardous waste sites. The information The institutions receiving awards and publications in peer-reviewed journals. will enable the agency to establish their current respective research Currently, 14 priority data needs for linkages between levels of contaminants projects that fill identified research 24 priority hazardous substances in the environment and levels in human needs are listed in Table 2. (including 15 PAHs) identified in the tissue and organs associated with SSARP are being addressed through this adverse health effects, ultimately D. National Toxicology Program (NTP) program. The institutions receiving helping to determine methods for Section 104(i)(5) of CERCLA directs awards and their respective studies are interdicting exposure and mitigating the administrator of ATSDR (in listed in Table 2. toxicity. This program will also provide
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data that can be generalized to other needs. The agency plans to provide an Dated: January 25, 2002. substances or areas of science, including update on the status of this research Georgi Jones, risk assessment of chemicals, thus program approximately every 3 years. Director, Office of Policy and External Affairs, creating a scientific information base for Agency for Toxic Substances and Disease addressing a broader range of data Registry.
TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Aldrin/Dieldrin ...... 1A Dose-response data in animals for ...... Filled ...... An MRL was derived in the 2000 intermediate-duration oral expo- updated toxicological profile. sure. 1B Bioavailability from soil. 1C Exposure levels in humans living ...... This priority data need, previously near hazardous waste sites and addressed in a study in the other populations, such as ex- Great Lakes research program, posed workers. is no longer investigated in that study. 1D Potential candidate for subregistry ATSDR. of exposed persons. Arsenic ...... 2A Comparative toxicokinetic studies EPA. to determine if an appropriate animal species can be identified. 2B Half-lives in surface water, ground- EPA. water. 2C Bioavailability from soil ...... EPA. 2D Exposure levels in humans living G. Lakes Filled ...... Background level data are avail- near hazardous waste sites and able in ATSDR’s 1993 toxi- other populations, such as ex- cological profile, and at least posed workers. seven ATSDR studies that eval- uated urine arsenic levels and potential adverse health effects are available. Also, additional studies are available in ATSDR’s 2000 updated toxi- cological profile. Benzene ...... 3A Dose-response data in animals for EPA. acute- and intermediate-duration oral exposure. The subchronic study should include an ex- tended reproductive organ histopathology. 3B Two-species developmental tox- EPA ...... Previously planned study in the icity study via oral exposure. MHPF research program to ad- dress this priority data need was canceled. 3C Neurotoxicology battery of tests EPA. via oral exposure. 3D Epidemiologic studies on the ...... Filled ...... Based on an evaluation of the health effects of benzene (Spe- data in ATSDR’s 1997 updated cial emphasis end points include toxicological profile. ATSDR will immunotoxicity). continue to evaluate new data as they become available to de- termine if additional studies are needed. 3E Exposure levels in humans living ...... Filled ...... Reference range concentrations near hazardous waste sites and are available (Ashley et al. other populations, such as ex- 1992, 1994; Needham et al. posed workers. 1995), and at least one ATSDR study that evaluated blood ben- zene levels and potential ad- verse health effects is available. ATSDR acknowledges that ref- erence concentration data can support exposure and health as- sessments at waste sites, but the agency also continues to recognize the importance of col- lecting additional data on uniquely exposed populations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Beryllium ...... 4A Dose-response data in animals for EPA. acute- and intermediate-duration inhalation exposures. The sub- chronic study should include ex- tended reproductive organ histopathology. 4B Two-species developmental tox- EPA. icity study via inhalation expo- sure. 4C Environmental fate in air; factors EPA. affecting bioavailability in air. 4D Analytical methods to determine ...... Filled ...... Based on an evaluation of the environmental speciation. data in ATSDR’s 2000 updated toxicological profile. 4E Immunotoxicology battery of tests EPA. following oral exposure. 4F Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and urine are available (Paschal et other populations, such as ex- al. 1998). ATSDR acknowledges posed workers. that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. 4G Potential candidate for subregistry ATSDR. of exposed persons. Cadmium ...... 5A Analytical methods for biological ...... Filled ...... Based on an evaluation of the tissues and fluids and environ- data in ATSDR’s 1999 updated mental media. toxicological profile. 5B Exposure levels in humans living G. Lakes Filled ...... Referent population urine cad- near hazardous waste sites and mium levels are available other populations, such as ex- (NHANES III), and at least nine posed workers. ATSDR studies that evaluated blood and urine cadmium levels and potential adverse health ef- fects are available. Carbon tetrachloride ...... 6A Dose-response data in animals for chronic oral exposure. The study should include extended reproductive organ and nervous tissue histopathology.
6B Immunotoxicology battery of tests NTP ...... Filled ...... NTP dose-finding study and one via oral exposure. new study in ATSDR’s 1994 up- dated toxicological profile ad- dressed the priority data need.
6C Half-life in soil ...... Filled ...... One new study in ATSDR’s 1994 updated toxicological profile pro- vided information on half-life in soil.
6D Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
6E Potential candidate for subregistry ATSDR. of exposed persons. Chlordane ...... 7A Oral multigenerational studies to MHPF ..... Filled ...... Availability of ongoing study in the evaluate reproductive toxicity. NTP. MHPF research program and anticipated initiation of an NTP study in 2002.
7B Bioavailability studies following in- gestion of contaminated media.
7C Exposure levels in humans living near hazardous waste sites and other populations potentially ex- posed to chlordane.
7D Potential candidate for subregistry ATSDR. of exposed persons. Chloroethane ...... 8A Dose-response data in animals for EPA. acute- and intermediate-duration oral exposures. The subchronic study should include an evalua- tion of immune and nervous system tissues, and extended reproductive organ histopathology.
8B Dose-response data in animals for EPA. chronic inhalation exposures. The study should include an evaluation of nervous system tissues.
8C Potential candidate for subregistry ATSDR. of exposed persons. Chloroform ...... 9A Dose-response data in animals for ...... Filled ...... An MRL was derived in ATSDR’s intermediate-duration oral expo- 1997 updated toxicological pro- sure. file.
9B Epidemiologic studies on the ...... Filled ...... Based on an evaluation of the health effects of chloroform data in ATSDR’s 1997 updated (Special emphasis end points in- toxicological profile. ATSDR will clude cancer, neurotoxicity, re- continue to evaluate new data productive and developmental as they become available to de- toxicity, hepatotoxicity, and renal termine if additional studies are toxicity). needed.
9C Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; and Needham et posed workers. al. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
9D Potential candidate for subregistry ATSDR. of exposed persons. Chromium ...... 10A Dose-response data in animals for EPA. acute-duration exposure to chro- mium (VI) and (III) via oral expo- sure and for intermediate-dura- tion exposure to chromium (VI) via oral exposure.
10B Multigeneration reproductive tox- EPA. icity study via oral exposure to chromium (III) and (VI).
10C Immunotoxicology battery of tests EPA. following oral exposure to chro- mium (III) and (VI).
10D Two-species developmental tox- EPA. icity study via oral exposure to chromium (III) and (VI).
10E Exposure levels in humans living G. Lakes Filled ...... Reference range concentrations in near hazardous waste sites and urine are available (Paschal et other populations, such as ex- al. 1998). Also, at least two posed workers. ATSDR studies that evaluated urine chromium levels and po- tential adverse health effects are available. In addition, this PDN is being addressed in a study in the Great Lakes research pro- gram. Cyanide ...... 11A Dose-response data in animals for EPA. acute- and intermediate-duration exposures via inhalation. The subchronic study should include extended reproductive organ histopathology and evaluation of neurobehavioral and neuropathological end points. 11B Two-species developmental tox- EPA. icity study via oral exposure. 11C Evaluation of the environmental ...... Filled ...... A study addressing the priority fate of cyanide in soil. data need was submitted by in- dustry to EPA in response to EPA’s solicitation for proposals for test rule making. Scientists from EPA and ATSDR reviewed the study and considered that this research need is no longer a priority. 11D Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 11E Potential candidate for subregistry ATSDR. of exposed persons. 1,2-dibromo-3-chloropro pane ...... 12A Dose-response data in animals for acute- duration exposure via the oral route (including reproduc- tive organ histopathology). 12B Dose-response data in animals for chronic-duration exposure via the oral route (including repro- ductive organ histopathology). 12C Two-species developmental tox- icity study via oral exposure.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
12D Immunotoxicology testing battery ...... Previously planned study in the via oral exposure. MHPF research program to ad- dress this priority data need was canceled. 12E Neurotoxicology testing battery via ...... Previously planned study in the oral exposure. MHPF research program to ad- dress this priority data need was canceled. 12F Exposure levels in humans living near hazardous waste sites and other exposed populations, such as exposed workers. 12G Potential candidate for subregistry ATSDR. of exposed persons. DDT ...... 13A Dose-response data in animals for chronic-duration oral exposure. 13B Comparative toxicokinetic study (across routes/species). 13C Bioavailability and bioaccumulation from soil. 13D Epidemiologic studies on the G. Lakes Filled ...... Multiple new studies in ATSDR’s health of DDT, DDD, and DDE 2000 updated toxicological pro- (Special emphasis end points in- file and five ongoing studies in clude immunotoxicity, and repro- the Great Lakes research pro- ductive and developmental tox- gram are available. icity. 13E Exposure levels in humans living G. Lakes. near hazardous waste sites and other populations, such as ex- posed workers. 13F Potential candidate for subregistry ATSDR. of exposed persons. Di(2-ethyl-hexyl)phthalate ...... 14A Epidemiologic studies on the health effects of DEHP (Special emphasis end points include cancer). 14B Dose-response data in animals for ...... This research need is reassigned acute- and intermediate-duration as a priority data need because oral exposures. The subchronic of the data in ATSDR’s 2000 study should include an ex- updated toxicological profile. tended histopathologic evalua- Specifically, the previously de- tion of the immunologic and veloped MRL for acute-duration neurologic systems. (1993 toxicological profile) was withdrawn, and a provisional MRL for intermediate-duration was derived replacing the pre- viously established one. 14C Multigeneration reproductive tox- ...... This research need is reassigned icity study via oral exposure. as a priority data need based on an evaluation of the data in ATSDR’s 2000 updated toxi- cological profile. Also, the NTP Center for the Evaluation of Risks to Human Reproduction Expert Panel Report (October 2000) has identified critical data needs for reproductive toxicity 14D Comparative toxicokinetic studies ...... The NTP Center for the Evaluation (Studies designed to examine of Risks to Human Reproduction how primates metabolize and Expert Panel Report (October distribute DEHP as compared 2000) has also identified critical with rodents via oral exposure). data needs for toxicokinetic in- formation. 14E Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 14F Potential candidate for subregistry ATSDR. of exposed persons.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Di-n-butyl phthalate ...... 15A Dose-response data in animals for NTP ...... Filled ...... NTP completed a 14-day study. acute-duration exposure via the oral route. 15B Dose-response data in animals for chronic-duration exposure via the oral route. 15C Carcinogenicity studies via oral ex- posure. 15D In vivo genotoxicity studies ...... MHPF ..... Filled ...... Availability of ongoing studies in the MHPF research program. 15E Immunotoxicology studies via oral ...... Previously planned study in the exposure. MHPF research program to ad- dress this priority data need was canceled. 15F Neurotoxicity studies via oral ex- ...... Previously planned study in the posure. MHPF research program to ad- dress this priority data need was canceled. 15G Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 15H Environmental fate of di-n-butyl phthalate in environmental media. 15I Bioavailability in contaminated en- vironmental media near haz- ardous waste sites. 15J Potential candidate for subregistry ATSDR. of exposed persons. Disulfoton ...... 16A Immunotoxicology testing battery following oral exposure. 16B Exposure levels of disulfoton in tis- sues/fluids for populations living near hazardous waste sites and other populations, such as ex- posed workers. 16C Disulfoton should be considered ATSDR. as a potential candidate for a subregistry of exposed persons. Endosulfan (α,β, and sulfate) ...... 17A Acute-duration oral exposure. 17B Data on sensitive neurologic end point following oral exposure. 17C Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 17D Data on the bioavailability of endosulfan from soil. 17E Potential candidate for subregistry ATSDR. of exposed persons. Endrin/endrin aldehyde...... 18A Dose-response animal data for acute oral exposure to endrin. 18B Multigeneration reproductive tox- NTP. icity studies via oral exposure to endrin. 18C Accurately describe the toxicokinetics of endrin and its degradation products and iden- tify the animal species to be used as the most appropriate model for human exposure. 18D Exposure levels for endrin and its degradation products in humans living near hazardous waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
18E Accurately describe the environ- mental fate of endrin, including environmental breakdown prod- ucts and rates, media half-lives, and chemical and physical prop- erties of the breakdown prod- ucts that help predict mobility and volatility. 18F Potential candidate for subregistry ATSDR. of exposed persons. Heptachlor/heptachlor epoxide...... 19A Dose-response animal data for acute- and intermediate-duration oral exposures, including immunopathology. 19B Multigeneration reproductive tox- NTP ...... Filled ...... Availability of publication ‘‘The ef- icity studies via the oral route of fects of perinatal/juvenile hepta- exposure. chlor exposure on adult immune and reproductive system func- tion in rats’’ by Smialowicz et al. (2001), Toxicological Sciences 61:164–75. 19C Two-species developmental tox- icity studies via the oral route of exposure. 19D Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 19E Bioavailability from contaminated air, water, and soil and bio- accumulation potential. 19F Potential candidate for subregistry ATSDR. of exposed persons. Hexachloro-butadiene ...... 20A Dose-response data in animals for acute-duration exposure via the oral route. 20B Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 20C Environmental fate studies that de- termine the extent to which hexachlorobutadiene volatilizes from soil, and studies that deter- mine the reactions and rates which drive degradation in soil. 20D Bioavailability studies in soil and plants. 20E Potential candidate for subregistry ATSDR. of exposed person. Hexachloro-cyclohexane (α, β, δ, 21A Dose-response data for chronic- ...... Filled ...... An MRL was derived in ATSDR’s and γ). duration oral exposure. 1999 updated toxicological pro- file. 21B Mechanistic studies on the neurotoxicity, hepatotoxicity, re- productive toxicity, and immunotoxicity of hexachlorocyclohexane. 21C Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available. ATSDR ac- other populations, such as ex- knowledges that reference con- posed workers. centration data can support ex- posure and health assessments at waste sites, but the agency also continues to recognize the importance of collecting addi- tional data on uniquely exposed populations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
21D Potential candidate for subregistry ATSDR. of exposed persons. Lead ...... 22A Mechanistic studies on the neuro- MHPF ..... Filled ...... Multiple new studies (13 publica- toxic effects of lead. tions from the MHPF research program + numerous new pub- lished studies in ATSDR’s 1999 updated toxicological profile) are available. 22B Analytical methods for tissue lev- MHPF ..... Filled ...... A publication from the MHPF re- els. search program and numerous studies in ATSDR’s 1999 toxi- cological profile are available. 22C Exposure levels in humans living MHPF ..... Filled ...... Referent population blood and near hazardous waste sites and G. Lakes urine lead levels are available other populations, such as ex- (NHANES III; Paschal et al. posed workers. 1998), and at least 19 ATSDR studies that evaluated blood lead levels and potential ad- verse health effects are avail- able. Manganese ...... 23A Dose-response data for acute- and MHPF ..... Filled ...... Availability of ongoing studies in intermediate-duration oral expo- EPA the MHPF research program. sures (the subchronic study should include reproductive histopathology and an evalua- tion of immunologic parameters including manganese effects on plaque-forming cells (SRBC), surface markers (D4:D8 ratio), and delayed hypersensitivity re- actions). 23B Toxicokinetic studies on animals to MHPF ..... Filled ...... Avaialbiltiy of ongoing studies in investigate uptake and absorp- EPA the MHPF research program. tion, relative uptake of differing manganese compounds, metab- olism of manganese, and inter- action of manganese with other substances following oral expo- sure. 23C Epidemiological studies on the ...... Filled ...... Based on evaluation of the data in health effects of manganese ATSDR’s 2000 updated toxi- (Special emphasis end points in- cological profile. ATSDR will clude neurologic, reproductive, continue to evaluate new data developmental, immunologic, as they become available to de- and cancer). termine if additional studies are needed. 23D Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 23E Relative bioavailability of different EPA. manganese compounds and bioavialability of manganese from soil. Mercury ...... 24A Multigeneration reproductive tox- MHPF ..... Filled ...... Three publications from the MHPF icity study via oral exposure. research program are available. 24B Dose-response data in animals for EPA ...... Filled ...... An MRL was derived in ATSDR’s chronic-duration oral exposure. 1999 updated toxicological pro- file. 24C Immunotoxicology battery of tests EPA. via oral exposure.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
24D Exposure levels in humans living G. Lakes Filled ...... Background levels data are avail- near hazardous waste sites and able in ATSDR’s 1997 updated other populations, such as ex- toxicological profile, and multiple posed workers. studies that evaluated blood, urine, and hair mercury levels and potential adverse health ef- fects are available (Five ATSDR studies + at least eight ongoing studies of the Great Lakes re- search program). 24E Potential candidate for subregistry ATSDR. of exposed persons. Methoxychlor ...... 25A Evaluate neurologic effects after ...... Filled ...... Based on an evaluation of the long-term, low-level oral expo- data in ATSDR’s 2000 updated sure. toxicological profile. 25B Exposure levels of methoxychlor and primary metabolities in hu- mans living near hazardous waste sites and in those individ- uals with the potential to ingest it. 25C Evaluate the fate, transport, and levels of the degradation prod- ucts of methoxychlor in soil. 25D Potential candidate for subregistry ATSDR. of exposed persons. Methylene chloride ...... 26A Dose-response data in animals for EPA ...... Filled ...... ATSDR accepted HSIA’s toxicity acute- and intermediate-duration Vol Res. study for acute- and inter- oral exposure. The subchronic mediate-exposure duration in study should include extended February 1997. ATSDR accept- reproductive organ ed HSIAs immunotoxicity study histopathology, neuropathology, via inhalation in November and immunopathology. 2000. Currently, HSIA is con- ducting PBPK modeling to ob- tain data for oral exposure using the data from its inhalation study. Neurotoxicity screening battery testing remains in the ATSDR/EPA test rule under de- velopment. 26B Two-species developmental tox- EPA ...... Filled ...... ATSDR accepted HSIA’s study in icity study via the oral route. Vol Res. February 1997. 26C Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. 26D Potential candidate for subregistry ATSDR. of exposed persons. Nickel ...... 27A Epidemiologic studies on the ...... Filled ...... At least two new relevant studies health effects of nickel (Special in ATSDR’s 1997 updated toxi- emphasis end points include re- cological profile are available. productive toxicity. ATSDR will continue to evaluate new data as they become avail- able to determine if additional studies are needed. 27B Two-species developmental tox- EPA ...... Filed ...... In ATSDR’s 1997 updated toxi- icity study via the oral route. cological profile, a new study confirming the results of two previous studies is available
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
27C Dose-response data in animals for EPA. acute- and intermediate-duration oral exposures. 27D Neurotoxicology battery of tests EPA. via oral exposure. 27E Bioavailability of nickel from soil ... EPA. 27F Exposure levels in humans living G. Lakes Filled ...... Based on availability of the study near hazardous waste sites and in the Great Lakes research pro- other populations, such as ex- gram and an evaluation of posed workers. ATSDR’s 1997 updated toxi- cological profile. 27G Potential candidate for subregistry ATSDR. of exposed persons. PAHs (Includes 15 substances) .... 28A Dose-response data in animals for MHPF ..... Filled ...... MRLs for four PAHs were derived intermediate-duration oral expo- in ATSDR’s 1995 updated sures. The subchronic study toxological profile. A publication should include extended repro- from the MHPF research pro- ductive organ histopathology gram addressing this priority and immunopathology. data need is available. 28B Two-species developmental tox- MHPF ..... Filled ...... Ongoing studies in the MHPF re- icity study via inhalation or oral search program and one publi- exposure. cation from the program are available. 28C Mechanistic studies on PAHs, on MHPF ..... Filled ...... At least 12 new studies in how mixtures of PAHs can influ- ATSDR’s 1995 updated toxi- ence the ultimate activation of cological profile and two publica- PAHs, and on how PAHs affect tions from the MHPF research rapidly proliferating tissues. program are available. 28D Dose-response data in animals for MHPF ..... Filled ...... Ongoing studies in the MHPF re- acute- and intermediate-duration search program and one publi- inhalation exposures. the sub- cation from the program are chronic study should include ex- available. tended reproductive organ histopathology and immunopathology. 28E Epidemiologic studies on the ...... Filled ...... At least three new studies in health effects of PAHs (Special ATSDR’s 1995 updated toxi- emphasis end points include cological profile are available. cancer, dermal, hemolymphatic, ATSDR will continue to evaluate and hepatic toxicity. new data as they become avail- able to determine if additional studies are needed. 28F Exposure levels in humans living G. Lakes Filled ...... Based on ongoing study in the near hazardous waste sites and Great Lakes research program other populations, such as ex- and an evaluation of the ATSDR posed workers. 1995 updated toxicological pro- file. Also, the agency continues to recognize the importance of collecting additional data on uniquely exposed populations at waste sites. 28G Potential candidate for subregistry ATSDR. of exposed persons. PCBs ...... 29A Dose-response data in animals for G. Lakes ...... Although an MRL for intermediate- acute- and intermediate-duration exposure duration was derived oral exposures. in ATSDR’s 2000 updated toxi- cological profile, an MRL for acute-exposure duration is still lacking. 29B Biodegradation of PCBs in water; bioavailability of PCBs in air, water, and soil. 29C Dose-response data in animals for acute- and intermediate-duration inhalation exposures. The sub- chronic study should include ex- tended reproductive organ histopathology.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
29D Epidemiologic studies on the G. Lakes Filled ...... Multiple new published studies in health effects of PCBs (Special ATSDR’s 2000 updated toxi- emphasis end points include cological profile and at least immunotoxicity, gastrointestinal nine ongoing studies in the toxicity, liver toxicity, kidney tox- Great Lakes research program icity, thyroid toxicity, and repro- are available. ductive/developmental toxicity). 29E Exposure levels in humans living G. Lakes Filled ...... Background levels data are avail- near hazardous waste sites and able (ATSDR’s 1997 updated other populations, such as ex- toxicological profile, and Need- posed workers. ham et al. 1996). Also, multiple studies that evaluated blood and breast milk PCB levels and po- tential adverse health effects are available (at least six ATSDR studies + at least eight ongoing studies in the Great Lakes re- search program). 29F Potential candidate for subregistry ATSDR. of exposed persons. 29G (5) Chronic toxicity and oncogenicity Vol Res .. Filled ...... ATSDR accepted the final report via oral exposure. of the GE in October 1997. 29H (5) Aerobic PCB biodegradation in Vol Res .. Filled ...... ATSDR accepted the final report sediment. of the GE study in July 1999. 29I (5) PCB congener analysis ...... Vol Res .. Filled ...... ATSDR accepted the final report G. Lakes of the GE study in October 1997. Also, ongoing studies in the Great Lakes research pro- gram are available. Selenium ...... 30A Dose-response data in animals for EPA. acute-duration oral exposure. 30B Immunotoxicology battery of tests EPA. via oral exposure. 30C Epidemiologic studies on the ...... Filled ...... Based on an evaluation of health effects of selenium (Spe- ATSDR’s 2001 updated toxi- cial emphasis end points include cological profile. ATSDR will cancer, reproductive and devel- continue to evaluate new data opmental toxicity, hepatotoxicity, as they become available to de- and adverse skin effects). termine if additional studies are needed. 30D Exposure levels in humans living G. Lakes Filled ...... Referent population serum sele- near hazardous waste sites and nium levels are known other populations, such as ex- (NHANES III). Two ongoing posed workers. studies in the Great Lakes re- search program are available. ATSDR acknowledges that ref- erence concentration data can support exposure and health as- sessments at waste sites, but the agency also continues to recognize the importance of col- lecting additional data on uniquely exposed populations at waste sites. 30E Potential candidate for subregistry ATSDR. of exposed persons. Tetrach loroethy lene ...... 31A Dose-response data in animals for ...... Filled ...... An MRL was derived in the 1997 acute-duration oral exposure, in- updated toxicological profile. cluding neuropathology and de- meanor, and immunopathology.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
31B Multigeneration reproductive tox- Vol Res ...... HSIA’s inhalation study was ac- icity study via oral exposure. cepted by ATSDR and included in ATSDR’s 1997 updated toxi- cological profile. However, ATSDR has identified ingestion of contaminated environmental media to be the primary expo- sure route for this chemical at waste sites. HSIA plans to ob- tain the oral data from the inha- lation study by conducting PBPK modeling. 31C Dose-response data in animals for EPA ...... HSIA intends to obtain oral data intermediate-duration oral expo- Vol Res. for neurotoxicity by PBPK mod- sure, including neuropathology, eling, and to conduct an and immunopathology. immunotoxicity study. 31D One-species developmental tox- EPA ...... icity study via oral exposure. Vol Res. 31E Developmental neurotoxicity study EPA ...... via oral exposure. Vol Res. 31F Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. 31G Potential candidate for subregistry ATSDR. of exposed persons. Toluene ...... 32A Dose-response data in animals for EPA ...... Filled ...... Availability of MRLs for acute- and acute- and intermediate-duration intermediate-exposure durations oral exposures. The subchronic in ATSDR’s 2000 updated toxi- study should include an ex- cological profile. Immunotoxicity tended histopathologic evalua- study remains in the ATSDR/ tion of the immune system. EPA test rule under develop- ment. 32B Comparative toxicokinetic studies ...... Filled ...... Based on evaluation of the data in (Characterization of absorption, ATSDR’s 2000 updated toxi- distribution, and excretion via cological profile. oral exposure). 32C Neurotoxicology battery of tests EPA ...... via oral exposure. MHPF. 32D Mechanism of toluene-induced ...... Filled ...... At least 15 studies in ATSDR’s neurotoxicity. 1994 updated toxicological pro- file and additional new data in ATSDR’s 2000 updated toxi- cological profile are available. 32E Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed worker. 1995), and additional data in ATSDR’s 2000 updated toxi- cological profile are available. ATSDR acknowledges that ref- erence concentration data can support exposure and health as- sessments at waste sites, but the agency also continues to recognize the importance of col- lecting additional data on uniquely exposed populations at waste sites. 32F Potential candidate for subregistry ATSDR. of exposed persons.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Toxaphene ...... 33A Identify the long-term health con- sequences of exposure to envi- ronmental toxaphene via oral exposure.. 33B Conduct additional immunotoxicity studies for chronic-duration via oral route of exposure. 33C Conduct additional neurotoxicity studies for chronic-duration via oral route of exposure. 33D Exposure levels in humans living in areas near hazardous waste sites with toxaphene and in those individuals with the poten- tial to ingest it. 33E Potential candidate for subregistry ATSDR. of exposed persons.. Trichloroethylene ...... 34A Dose-response data in animals for ...... Filled ...... An MRL was derived in ATSDR’s acute-duration oral exposure. 1997 updated toxicological pro- file. 34B Dose-response data in animals for EPA ...... intermediate-duration oral expo- Vol Res. sure. 34C Neurotoxicology battery of tests EPA ...... via the oral route. MHPF ..... Vol Res. 34D Immunotoxicology battery of tests EPA ...... via the oral route. Vol Res. 34E One-species developmental tox- Vol Res ...... ATSDR accepted HSIA’s final re- icity study via oral exposure. port for an inhalation develop- mental toxicity study in Sep- tember 2001. HSIA is currently using PBPK modeling to obtain data for oral exposure using the data from its inhalation study. 34F Developmental neurotoxicity study EPA ...... via oral exposure. Vol Res. 34G Epidemiologic studies on the ...... Filled ...... Based on evaluation of the data in health effects of trichloro- ATSDR’s 1997 updated toxi- ethylene (Special emphasis end cological profile. ATSDR will points include cancer, continue to evaluate new data hepatotoxicity, renal toxicity, de- as they become available to de- velopmental toxicity, and termine if additional studies are neurotoxicity). needed. 34H Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. Vinyl chloride ...... 35A Dose-response data in animals for ...... Filled ...... An MRL was derived in ATSDR’s acute-duration inhalation expo- 1997 updated toxicological pro- sure. file. 35B Multigeneration reproductive tox- Vol Res .. Filled ...... ATSDR accepted the final report icity study via inhalation. of ACC’s study in November 2000. 35C Dose-response data in animals for chronic-duration inhalation expo- sure. 35D Mitigation of vinyl chloride-induced toxicity.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
35E Two-species developmental tox- Vol Res .. Filled ...... ATSDR accepted the final report icity study via inhalation.. of ACC’s study in November 2000. 35F Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 35G Potential candidate for subregistry ATSDR. of exposed persons. Zinc ...... 36A Dose-response data in animals for MHPF ..... Filled ...... Ongoing studies in the MHPF re- acute- and intermediate-duration search program are available. oral exposures. The subchronic study should include an ex- tended histopathologic evalua- tion of the immunologic and neurologic systems. 36B Multigeneration reproductive tox- MHPF. icity study via oral exposure. 36C Carcinogenicity testing (2-year bio- assay) via oral exposure. 36D Exposure levels in humans living ...... This priority data need, previously near hazardous waste sites and anticipated to be addressed other populations, such as ex- under the voluntary research posed workers. program, is not being inves- tigated under any of the ATSDR research programs. 36E Potential candidate for subregistry ATSDR. of exposed persons. 1 Priority data need identification number. 2 Programs addressing data needs. ATSDR=ATSDR’s Division of Health Studies; EPA=Environmental Protection Agency; G. Lakes=Great Lakes Human Health Effects Research Program; MHPF=Minority Health Professions Foundation schools; NTP=National Toxicology Program; Vol Res=Voluntary research. 3 PDN can be filled or remain unchanged based on reevaluation of the database using criteria developed by ATSDR. 4 ACC=American Chemistry Council; Ashley et al. 1992=Ashley DL, Bonin MA, Cardinali FL, et al. Anal Chem (1992) 64:1021–29; Ashley et al. 1994=Ashley DL, Bonin MA, Cardinali FL et al., Clin Chem (1994) 40/7:1401–4; ATSDR studies=Studies conducted by ATSDR’s Division of Health Studies; GE=General Electric Company ; HSIA=Halogenated Solvents Industry Alliance, Inc.; MHPF=Minority Health Professions Founda- tion schools; MRL=Minimal Risk Level; Needham et al. 1995=Needham LL, Hill RH Jr, Ashley DL, Pirkle JL, and Sampson EJ. Environ Health Perspect 103 (Suppl 3):89–94; Needham et al. 1996=Needham LL, Patterson DG Jr, Burse VW, Paschal DC, Turner WE, and Hill VW Jr. Toxicol Ind Health 12:507–513; NHANES III=The Third National Health and Nutrition Examination Survey, conducted by the National Center for Health Statistics, Centers for Disease Control and Prevention, Atlanta, GA; NTP=National Toxicology Program; Paschal et al. 1998=Paschal DC, Ting BC, Morrow JC, et al. Environ Res, Section A 76: 53–59; PBPK modeling=physiologically based pharmacokinetic modeling; Toxicological profile=ATSDR’s toxicological profiles for the agency’s priority hazardous substances. 5 Not a priority data need.
TABLE 2.—GROUPS ADDRESSING ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS (PDNS)
Firm, institution, agency, or con- ATSDR program sortium Substance PDN ID
Voluntarism ...... American Chemistry Council ...... Vinyl Chloride ...... 35B, 35E General Electric Company ...... PCBs ...... 29G,* 29H,* 29I* Halogenated Solvents Industry Al- Methylene chloride ...... 26A, 26B liance, Inc. Tetrachloroethylene ...... 31B, 31C, 31D, 31E Trichloroethylene ...... 34B, 34C, 34D, 34E, 34F Minority Health Professions Foun- Florida A & M University ...... Lead ...... 22A dation Schools. The King/Drew Medical Center of Lead ...... 22B, 22C the Charles R. Drew University of Medicine and Science. Meharry Medical College ...... PAHS ...... 28A, 28B, 28C, 28D Morehouse School of Medicine .... Lead ...... 22C Texas Southern University ...... Di-n-butyl phthalate ...... 15D Lead ...... 22A Toluene ...... 32C Trichloroethylene ...... 34C
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TABLE 2.—GROUPS ADDRESSING ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS (PDNS)—Continued
Firm, institution, agency, or con- ATSDR program sortium Substance PDN ID
Tuskegee University ...... Chlordane ...... 7A Mercury ...... 24A Zinc ...... 36A, 36B Xavier University ...... Manganese ...... 23A, 23B Zinc ...... 36A Great Lakes Human Health Effects Michigan State University ...... DDT/DDE ...... 13D, 13E Research Program. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I Selenium ...... 30D New York State Health Depart- DDT/DDE ...... 13E ment. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I State University of New York at DDT/DDE ...... 13D, 13E Buffalo. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 291 State University of New York at DDT/DDE ...... 13D, 13E Oswego. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I University of Illinois at Chicago .... DDT/DDE ...... 13D, 13E Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 291 University of Illinois at Urbana- DDT/DDE ...... 13D, 13E Champaign. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I University of Wisconsin—Mil- DDT/DDE ...... 13D, 13E waukee. Lead ...... 22C Mercury ...... 24D PCBs ...... 29A, 29D, 29E, 29I Selenium ...... 30D Wisconsin Department of Health Arsenic ...... 2D and Social Services—5 State Cadmium ...... 5B Consortium. Chromium ...... 10E DDT/DDE ...... 13D, 13E Lead ...... 22C Mercury ...... 24D Nickel ...... 27F PAHs ...... 28F PCBs ...... 29D, 29E, 29I Environmental Protection Agency ATSDR Test Rule ...... Benzene ...... 3A, 3B, 3C TSCA/FIFRA. Chloroethane ...... 8A, 8B Cyanide (hydrogen cyanide and 11A, 11B sodium cyanide). Methylene chloride ...... 26A, 26B Tetrachloroethylene ...... 31C, 31D, 31E Toluene ...... 32A, 32C Trichloroethylene ...... 34B, 34C, 34D, 34F Metals Testing Task Force Arsenic ...... 2A, 2B, 2C (TASARC). Beryllium ...... 4A, 4B, 4C, 4E Chromium ...... 10A, 10B, 10C, 10D Manganese ...... 23A, 23B, 23E Mercury ...... 24B, 24C Nickel ...... 27B, 27C, 27D, 27E Selenium ...... 30A, 30B National Toxicology Program ...... National Institute of Environmental Carbon Tetrachloride ...... 6B Health Sciences. Chlordane ...... 7A Di-n-butyl phthalate ...... 15A Endrin ...... 18B Heptachlor ...... 19B * Not priority data needs.
[FR Doc. 02–2421 Filed 1–30–02; 8:45 am] BILLING CODE 4163–70–P
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Part IV
Department of Health and Human Services Agency for Toxic Substances and Disease Registry
Update on the Status of the Superfund Substance-Specific Applied Research Program; Notice
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DEPARTMENT OF HEALTH AND hexachlorocyclohexane (alpha-, beta-, research to fill data needs until ATSDR HUMAN SERVICES delta- and gamma-), manganese, announces that other research methoxychlor, and toxaphene. mechanisms are in place to address Agency for Toxic Substances and Recently, priority data needs for 10 those specific data needs. Disease Registry additional hazardous substances ADDRESSES: Private-sector organizations [ATSDR–178] frequently found at waste sites were interested in volunteering to conduct determined and announced in the research can write to Dr. William Update on the Status of the Superfund Federal Register (66 FR 42659). The 10 Cibulas, Chief, Research Substance-Specific Applied Research substances, each of which is included in Implementation Branch, Division of Program ATSDR’s Priority List of Hazardous Toxicology, ATSDR, 1600 Clifton Road, Substances, are asbestos, benzidine, NE., Mailstop E–29, Atlanta, Georgia AGENCY: Agency for Toxic Substances chlorinated dibenzo-p-dioxins, 1,2- 30333, e-mail: [email protected]. and Disease Registry (ATSDR), dibromoethane, 1,2-dichloroethane, 1,1- Information about pertinent ongoing or Department of Health and Human dichloroethane, ethylbenzene, completed research that may fill priority Services (HHS). pentachlorophenol, 1,1,2,2- data needs cited in this Notice should ACTION: Notice. tetrachloroethane, and total xylenes. be similarly addressed. SUMMARY: This Notice provides the ATSDR invited the public to comment Other Requirements: Projects that status of ATSDR’s Superfund-mandated on the priority data needs for these involve the collection of information Substance-Specific Applied Research substances during a period of 90 days. from 10 or more individuals and funded Program (SSARP) which was last ATSDR is responding to the comments, by cooperative agreement will be subject updated in a Federal Register notice in and a final list of priority data needs to review by the Office of Management 1999 (64 FR 2760). Authorized by the will be published in the Federal and Budget (OMB) under the Paperwork Comprehensive Environmental Register in the near future. Reduction Act. Response, Compensation, and Liability To date, 190 priority data needs have FOR FURTHER INFORMATION CONTACT: Dr. Act of 1980 (CERCLA, also known as the been identified for the first 50 William Cibulas, Chief, Research Superfund statute), as amended by the hazardous substances (Table 1). ATSDR Implementation Branch, Division of Superfund Amendments and fills these data needs through U.S. Toxicology, ATSDR, 1600 Clifton Road, Reauthorization Act of 1986 (SARA) 42 Environmental Protection Agency (EPA) NE., Mailstop E–29, Atlanta, Georgia U.S.C. 9604 (i), this research program regulatory mechanisms (test rules), 30333, telephone: (404) 498–0715, fax: was initiated on October 17, 1991. At private-sector voluntarism, and the (404) 498–0092. This notice will also be that time, a list of priority data needs for direct use of CERCLA funds. Additional available on ATSDR’s website at 38 priority hazardous substances data needs are being addressed through http://www.atsdr.cdc.gov or you may frequently found at waste sites was collaboration with the National call the ATSDR Information Center at 1– announced in the Federal Register (56 Toxicology Program (NTP), by ATSDR’s 888–422–8737. FR 52178). The list was subsequently Great Lakes Human Health Effects SUPPLEMENTARY INFORMATION: revised based on public comments and Research Program, and other agency Background published in final form on November programs. Currently, 101 priority data 16, 1992 (57 FR 54150). needs associated with the first 50 CERCLA as amended by SARA (42 The 38 substances, each of which is substances are being addressed via these U.S.C. 9604(i)) requires that ATSDR (1) found on ATSDR’s Priority List of mechanisms, and 62 priority data needs jointly with the EPA, develop and Hazardous Substances (66 FR 54014, have been filled. Priority data needs prioritize a list of hazardous substances October 25, 2001), are aldrin/dieldrin, documents describing ATSDR’s found at National Priorities List (NPL) arsenic, benzene, beryllium, cadmium, rationale for prioritizing research needs sites, (2) prepare toxicological profiles carbon tetrachloride, chloroethane, for each substance are available. See for these substances, and (3) assure the chloroform, chromium, cyanide, p,p′- ADDRESSES section of this Notice. initiation of a research program to DDT,DDE,DDD, di(2-ethylhexyl) This Notice also serves as a address identified data needs associated phthalate, lead, mercury, methylene continuous call for voluntary research with the substances. Before starting chloride, nickel, polychlorinated proposals. Private-sector organizations such a program, ATSDR will consider biphenyl compounds (PCBs), polycyclic may volunteer to conduct research to recommendations of the Interagency aromatic hydrocarbons (PAHs— address specific priority data needs Testing Committee on the type of includes 15 substances), selenium, identified in this Notice by indicating research that should be done. This tetrachloroethylene, toluene, their interest through submission of a committee was established under trichloroethylene, vinyl chloride, and letter of intent to ATSDR (see Section 4(e) of the Toxic Substances zinc. ADDRESSES section of this Notice). A Tri- Control Act of 1976 [15 U.S.C. On July 30, 1997, priority data needs Agency Superfund Applied Research 2604(e)](TSCA). for 12 additional hazardous substances Committee (TASARC) composed of The major goals of the ATSDR SSARP frequently found at waste sites were scientists from ATSDR, NTP, and the are (1) to address the substance-specific determined and announced in the EPA, will review all proposed voluntary information needs of the public and Federal Register (62 FR 40820). The 12 research efforts. scientific community, and (2) to supply substances, each of which is included in DATES: ATSDR provides updates on the information necessary to improve the ATSDR’s Priority List of Hazardous status of its Substance-Specific Applied database used to conduct Substances, are chlordane, 1,2-dibromo- Research Program approximately every comprehensive public health 3-chloropropane, di-n-butyl phthalate, 3 years. ATSDR considers the voluntary assessments of populations living near disulfoton, endrin (includes endrin research effort to be important to the hazardous waste sites. We anticipate aldehyde), endosulfan (alpha-, beta-, continuing implementation of the that the information will help to and endosulfan sulfate), heptachlor SSARP. Therefore, the agency strongly establish linkages between levels of (includes heptachlor epoxide), encourages private-sector organizations contaminants in the environment and hexachlorobutadiene, to volunteer at any time to conduct levels in human tissue and organs
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associated with adverse health effects. through TSCA. In addition, it has Children’s Chemical Evaluation Once such links have been established, endorsed the proposals of several Program. strategies to mitigate potentially harmful private-sector organizations to conduct Specific Criteria exposures can be developed. This voluntary research. Furthermore, program will also provide data that can TASARC has become a forum for other Since the 1999 SSARP update in the be generalized to other substances or federal agencies to bring forth their Federal Register, ATSDR has developed areas of science, including risk research agendas. For example, it has specific criteria for two categories of assessment of chemicals, thus creating a coordinated research efforts on data needs described below. • scientific information base for hazardous pollutants with the Office of Epidemiologic studies—A priority addressing a broader range of data Air and Radiation, EPA. TASARC has data need is filled if multiple new needs. developed testing guidelines for studies assessing key health end points ATSDR encourages the use of in vitro immunotoxicity; and has endorsed the are available in ATSDR’s updated assessment methods and other use of decision-support methodologies toxicological profile and/or ongoing innovative tools for filling priority data such as physiologically based studies have been identified, e.g., needs. For example, the agency believes pharmacokinetic (PBPK) modeling and human health studies supported by that physiologically based benchmark-dose modeling, where ATSDR’s Great Lakes Human Health pharmacokinetic (PBPK) modeling appropriate. Effects Research Program or the could serve as a valuable tool in Additional data needs are being Minority Health Professions Foundation predicting across route similarities (or addressed through collaborative Research Program. In some cases, differences) in toxicological responses research efforts with NTP, by ATSDR’s ATSDR indicates that it will continue to to hazardous substances. Therefore, on Great Lakes Human Health Effects evaluate new data as they become a case-by-case basis, a priority data need Research Program, and other agency available to determine whether can be filled using existing data and programs. To date, 101 priority data additional studies are needed. • Exposure levels in humans—A modeling. In addition, ATSDR is a needs associated with the first 50 priority data need is filled if (a) there are member of NTP’s Interagency substances (Table 1) are being addressed current and adequate biomonitoring Coordinating Committee on the via these mechanisms. Validation of Alternative Methods data for exposed populations associated (ICCVAM) and supports development, Criteria for Evaluating Status of with health effects (from published or validation, and acceptance of alternative Priority Data Needs ongoing studies), or (b) there are toxicological test methods that reduce, To update the activities covered reference range data (e.g., National refine, and replace the use of animals, under the SSARP, criteria for evaluating Health and Nutrition Examination as appropriate. the status of the priority data needs Survey (NHANES)) or generally agreed CERCLA section 104(i)(5)(D) states were developed. Based on these criteria upon background population levels. In that it is the sense of Congress that the and the review of the current literature, the latter case, ATSDR acknowledges costs for conducting this research a priority data need can be filled, or that reference concentration data can program ‘‘be borne by the manufacturers unchanged. In the event a priority data support exposure and health and processors of the hazardous need is considered filled, it does not assessments at waste sites, but the substance in question,’’ as required in necessarily mean that the study has agency also continues to recognize the importance of collecting additional data TSCA and the Federal Insecticide, been completed and that ATSDR has on uniquely exposed populations at Fungicide, and Rodenticide Act of 1972 accepted the data. It does, however, (7 U.S.C. 136 et seq.) (FIFRA), or by cost waste sites. indicate that the agency no longer It should be noted that the status of recovery from responsible parties under considers it a priority to initiate the priority data needs may change in CERCLA. To execute this statutory additional studies at this time. future updates of the SSARP as new intent, ATSDR developed a plan The criteria for evaluating the status information becomes available. Further, whereby parts of the SSARP are being of the priority data needs are described during the literature review, new conducted via the regulatory below. studies may be identified suggesting mechanisms referenced (TSCA/FIFRA), General Criteria other effects of concern, such as those private-sector voluntarism, and the related to endocrine disruptors and direct use of CERCLA funds. A priority data need is filled: The TASARC, composed of scientists • If it has been referred to one of the children’s health, which have not been from ATSDR, NTP, and EPA, has been implementation mechanisms and included in the original list of priority set up to: research has been initiated, or data needs. In such cases, additional (1) Advise ATSDR on the assignment • If an updated ATSDR toxicological priority data needs may be added to the of priorities for mechanisms to address profile or other recent review document research agenda. For example, for both data needs, contains relevant new (peer-reviewed tetrachloroethylene and (2) Coordinate knowledge of research and publicly available) studies since the trichloroethylene, the priority data need activities to avoid duplication of finalization of the priority data needs for developmental neurotoxicity study research in other programs and under document; and it is generally agreed is now listed separately from the other authorities, that a priority data need no longer priority data need for one-species (3) Advise ATSDR on issues of exists. developmental toxicity (see Table 1). science related to substance-specific A priority data need remains Therefore, the total number of priority data needs, and unchanged: data needs changed accordingly, i.e., (4) Maintain a scheduled forum that • If no mechanism or information has from a total of 188 reported in the provides an overall review of the been identified to address the priority Federal Register notice in 1999 (64 FR ATSDR SSARP. data need, or 2760) to 190 in the current update TASARC has met 10 times since the • If the priority data need is included notice. Also, research needs previously initiation of the SSARP. It has guided in the ATSDR/EPA test rule under considered filled might be reassigned as referral of data needs to EPA and the development, or is associated with a priority data needs, e.g., if a previously associated development of test rules pilot substance in EPA’s Voluntary derived Minimal Risk Level (MRL), a
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health guidance value, was withdrawn test rule development for these metals at Halogenated Solvents Industry Alliance from the updated ATSDR toxicological a later date. (HSIA) profile. Finally, a priority data need B. Private-Sector Voluntarism In 1995, ATSDR entered into an MOU previously associated with an with HSIA covering studies to address implementation mechanism, may no On February 7, 1992, as part of the three priority data needs for methylene longer be addressed via that mechanism Substance-Specific Applied Research chloride. The studies, ‘‘Addressing (or any other mechanism) if the study Program (SSARP), ATSDR announced a priority data needs for methylene being conducted to fill the specific set of proposed procedures for chloride with physiologically based priority data need is discontinued. conducting voluntary research (57 FR pharmacokinetic modeling,’’ evaluated Based on the above criteria, 62 4758). Revisions based on public acute- and subchronic-duration toxicity priority data needs have been filled. comments were published on November and developmental toxicity via oral Update of Activities in the SSARP 16, 1992 (57 FR 54160). Private-sector exposure. The data were obtained using organizations were encouraged to physiologically based pharmacokinetic An update of the activities associated volunteer to conduct research to fill modeling. The final report for these with the mechanisms for implementing specific priority data needs at no studies was accepted by the agency in the ATSDR Substance-Specific Applied expense to ATSDR. February 1997. Research Program (SSARP) is discussed In September 1999, HSIA entered into below. Publications and reports of To date, ATSDR has established a second MOU with ATSDR to conduct research completed under the various agreements with the American a study, ‘‘Methylene chloride: 28 day implementation mechanisms are Chemistry Council (ACC) [formerly the inhalation toxicity study in the rat to available by writing to ATSDR (see Chemical Manufacturers Association assess potential immunotoxicity.’’ The ADDRESSES section of this Notice). (CMA)], the General Electric Company agency accepted the final report for the (GE), and the Halogenated Solvents A. TSCA/FIFRA study in November 2000. HSIA is in the Industry Alliance, Inc. (HSIA) to process of obtaining oral data from the In developing and implementing the conduct substance-specific research inhalation study using PBPK modeling. SSARP, ATSDR, NTP, and EPA have (Table 2). Through the voluntary This is because ATSDR has determined identified a subset of priority data needs research efforts of these organizations, at ingestion of contaminated for substances of mutual interest to the least 16 research needs for environmental media to be the primary federal programs. These data needs are polychlorinated biphenyl compounds exposure route at hazardous waste sites. being addressed through a program of [PCBs], methylene chloride, HSIA intends to conduct similar toxicologic testing under TSCA tetrachloroethylene, trichloroethylene, immunotoxicity studies for according to established procedures and and vinyl chloride are being addressed tetrachloroethylene and guidelines. On several occasions when (Table 2). trichloroethylene. ATSDR identified priority data needs American Chemistry Council (ACC) In February 2000, ATSDR signed a for oral exposure, other agencies needed Formerly the Chemical Manufacturers third MOU with HSIA, which inhalation data. In response, ATSDR is Association (CMA) conducted a study, ‘‘Trichloroethylene: considering proposals to conduct Inhalation Developmental Toxicity inhalation studies in conjunction with In 1996, ATSDR entered into a Study in CD Rats.’’ The agency accepted physiologically based pharmacokinetic memorandum of understanding (MOU) the final report of the study in (PBPK) studies in lieu of oral studies. with ACC covering two studies, ‘‘Vinyl September 2001. As in the case of the ATSDR expects that inhalation data chloride: Combined inhalation two- methylene chloride immunotoxicity derived from these studies can be used generation reproduction and study described above, HSIA intends to with PBPK modeling to address its oral developmental toxicity study in CD obtain developmental toxicity data for toxicity data needs. Currently, an EPA/ rats.’’ In November 2000, ATSDR oral exposure using PBPK modeling. ATSDR test rule, under development, accepted the final reports of the studies. Also, HSIA plans to perform similar includes eight ATSDR substances, i.e., developmental toxicity studies for benzene, chloroethane, cyanide General Electric Company (GE) tetrachloroethylene. Finally, ATSDR (hydrogen cyanide and sodium and HSIA are continuing discussion to In 1995, ATSDR entered into an MOU cyanide), methylene chloride, address additional priority data needs with SSARP covering two studies on tetrachloroethylene, toluene and for trichloroethylene and PCBs: (1) ‘‘An assessment of the chronic trichloroethylene, and addresses 18 tetrachloroethylene in conjunction with toxicity and oncogenicity of Aroclors ATSDR priority data needs (Table 2). EPA’s pilot studies for its Voluntary 1016, 1242, 1254, and 1260 The test rule is presently undergoing Children’s Chemical Evaluation administered in diet to rats,’’ including ATSDR and EPA final review. We Program. anticipate it will be available for public ‘‘PCB congener analyses,’’ and (2) In addition to the substance-specific comment in the near future. ‘‘Metabolite detection as a tool for MOUs described above, in March 2001, TASARC has established an determining naturally occurring aerobic ATSDR also signed an MOU with the interagency task force on metals and has PCB biodegradation.’’ While the above Electric Power Research Institute, Inc. conducted a survey to assess federal studies do not address ATSDR’s priority (EPRI) on ‘‘Verification of Techniques agencies’ needs for testing metals. data needs for PCBs, they do address for Assessing the Effects of Currently, the task force has agreed to other agency research needs for these Neurotoxicants on Neurodevelopment examine at least seven metals included substances. in Children.’’ The objective of the study in the ATSDR’s SSARP (arsenic, The agency accepted the final report is to validate a battery of beryllium, chromium, manganese, for the chronic toxicity and neurodevelopmental tests for use in mercury, nickel, and selenium, oncogenicity of the four aroclors in assessing the effects of prenatal or associated with 22 priority data needs) October 1997,and the final report for the postnatal exposure to developmental (Table 2). The EPA will solicit testing aerobic biodegradation study in July neurotoxicants. The study includes an proposals for these metals and pursue 1999. evaluation of a broad spectrum of
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functions; therefore, the validation of consultation with the administrator of F. Other ATSDR Programs these tests will be useful for further EPA and agencies and programs of the In its role as a public health agency assessing the developmental Public Health Service) to assess whether addressing environmental health, neurotoxicity of some of the ATSDR adequate information on the health ATSDR may collect human data to priority substances such as the PCBs, effects of priority hazardous substances validate substance-specific exposure methylmercury, and lead. In addition to found at NPL sites is available. Where and toxicity findings. The need for the private sector support (EPRI), adequate information is not available, additional information on levels of ATSDR is coordinating a federal effort ATSDR, in cooperation with the contaminants in humans has been (via interagency agreements with EPA, National Toxicology Program (NTP), is identified, and remains as a priority Food and Drug Administration [FDA] required to assure the initiation of a data need for 49 of the first 50 priority and NIEHS) to support the study. program of research designed to substances (Table 1). ATSDR will obtain determine these health effects (and C. CERCLA-Funded Research (Minority this information through exposure and techniques for developing methods to Health Professions Foundation Research health effects studies, and through determine such health effects). Program) ATSDR has been collaborating with establishing and using substance- During FY 1992, ATSDR announced a NTP to address priority data needs of specific subregistries of people within $4 million cooperative agreement mutual interest, including (1) di-n-butyl the agency’s National Exposure Registry program with the Minority Health phthalate: dose-response data in who have potentially been exposed to Professions Foundation (MHPF) to animals for acute-duration exposure via these substances. support substance-specific oral exposure route, (2) carbon The list of the 50 priority hazardous investigations. A not-for-profit Internal tetrachloride: immunotoxicology study substances in the SSARP was forwarded Revenue Code 501(c)(3) organization, via oral exposure, and (3) heptachlor: to ATSDR’s Exposure and Disease the MHPF comprises 11 minority health reproductive toxicity study via oral Registry Branch (EDRB), Division of professions schools. Its primary mission exposure (Table 2). Health Studies, for consideration as is to research health problems that potential candidates for subregistries of disproportionately affect poor and E. Great Lakes Human Health Effects exposed persons, based on criteria minority citizens. The purpose of this Research Program described in its 1994 document, cooperative agreement is to address Some of the priority data needs ‘‘National Exposure Registry: Policies substance-specific data needs for identified in the SSARP have been and Procedures Manual (Revised),’’ priority hazardous substances identified independently identified as research Agency for Toxic Substances and by ATSDR. In addition, this agreement needs through the ATSDR Great Lakes Disease Registry, Public Health Service, strengthens the environmental health Human Health Effects Research U.S. Department of Health and Human research opportunities for scientists and Program, a separate research program. Services, Atlanta, Georgia, NTIS students at MHPF member institutions In support of the Great Lakes Critical Publication No. PB95–154571. To date, and enhances existing disciplinary Programs Act of 1990, ATSDR of the first 50 priority substances in the capacities to conduct research in announced in FY 1992 the availability SSARP, ATSDR has established toxicology and environmental health. of $2 million for a grant program to subregistries for benzene, chromium, In the first 5-year project period that conduct research on the potential for and trichloroethylene. Arsenic, concluded during FY 1997, nine priority short- and long-term adverse health cadmium, and lead are not considered data needs for 21 priority hazardous effects from consumption of to be in the pool of candidate substances substances and 22 other research needs contaminated fish from the Great Lakes for an exposure registry at this time, for these and other substances were basin. Research undertaken through this and, therefore, are not considered addressed. The MHPF has developed a program is intended to build on and priority data needs. This decision will report, ‘‘Environmental Health and amplify the results of past and ongoing be reevaluated as more information on Toxicology Research Program: Meeting fish consumption research in the Great the chemicals and exposure sites Environmental Health Challenges Lakes basin. The ATSDR-supported become available. All other substances Through Research, Education, and research projects focus on known high- in the SSARP (Table 1) remain in the Service,’’ that describes the research risk populations to define further the candidate pool and therefore continue findings and other successes from the human health consequences of exposure to be classified as priority data needs. first 5 years of the program. New to persistent toxic substances (PTSs) They will be considered for selection as research initiated in the second 5-year identified in the Great Lakes basin. primary contaminants during each project period includes studies to These at-risk populations include sport selection process. anglers; African Americans, Asians and address 10 additional priority data G. Conclusion needs for chlordane, 1,2-dibromo-3- other non-English speaking populations; chloropropane, di-n-butyl phthalate, pregnant women; fetuses, nursing The results of the research conducted lead, manganese, the polycyclic infants, and children of mothers who via the SSARP are expected to provide aromatic hydrocarbons (PAHs), zinc, consume contaminated Great Lakes information necessary to improve the and eight other research needs. sport fish; the elderly, and the urban database used to conduct To date, the MHPF activities have poor. To date, the research activities of comprehensive public health resulted in the publication of 50 the ATSDR Great Lakes research assessments of populations living near manuscripts in peer-reviewed journals. program have resulted in 55 hazardous waste sites. The information The institutions receiving awards and publications in peer-reviewed journals. will enable the agency to establish their current respective research Currently, 14 priority data needs for linkages between levels of contaminants projects that fill identified research 24 priority hazardous substances in the environment and levels in human needs are listed in Table 2. (including 15 PAHs) identified in the tissue and organs associated with SSARP are being addressed through this adverse health effects, ultimately D. National Toxicology Program (NTP) program. The institutions receiving helping to determine methods for Section 104(i)(5) of CERCLA directs awards and their respective studies are interdicting exposure and mitigating the administrator of ATSDR (in listed in Table 2. toxicity. This program will also provide
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data that can be generalized to other needs. The agency plans to provide an Dated: January 25, 2002. substances or areas of science, including update on the status of this research Georgi Jones, risk assessment of chemicals, thus program approximately every 3 years. Director, Office of Policy and External Affairs, creating a scientific information base for Agency for Toxic Substances and Disease addressing a broader range of data Registry.
TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Aldrin/Dieldrin ...... 1A Dose-response data in animals for ...... Filled ...... An MRL was derived in the 2000 intermediate-duration oral expo- updated toxicological profile. sure. 1B Bioavailability from soil. 1C Exposure levels in humans living ...... This priority data need, previously near hazardous waste sites and addressed in a study in the other populations, such as ex- Great Lakes research program, posed workers. is no longer investigated in that study. 1D Potential candidate for subregistry ATSDR. of exposed persons. Arsenic ...... 2A Comparative toxicokinetic studies EPA. to determine if an appropriate animal species can be identified. 2B Half-lives in surface water, ground- EPA. water. 2C Bioavailability from soil ...... EPA. 2D Exposure levels in humans living G. Lakes Filled ...... Background level data are avail- near hazardous waste sites and able in ATSDR’s 1993 toxi- other populations, such as ex- cological profile, and at least posed workers. seven ATSDR studies that eval- uated urine arsenic levels and potential adverse health effects are available. Also, additional studies are available in ATSDR’s 2000 updated toxi- cological profile. Benzene ...... 3A Dose-response data in animals for EPA. acute- and intermediate-duration oral exposure. The subchronic study should include an ex- tended reproductive organ histopathology. 3B Two-species developmental tox- EPA ...... Previously planned study in the icity study via oral exposure. MHPF research program to ad- dress this priority data need was canceled. 3C Neurotoxicology battery of tests EPA. via oral exposure. 3D Epidemiologic studies on the ...... Filled ...... Based on an evaluation of the health effects of benzene (Spe- data in ATSDR’s 1997 updated cial emphasis end points include toxicological profile. ATSDR will immunotoxicity). continue to evaluate new data as they become available to de- termine if additional studies are needed. 3E Exposure levels in humans living ...... Filled ...... Reference range concentrations near hazardous waste sites and are available (Ashley et al. other populations, such as ex- 1992, 1994; Needham et al. posed workers. 1995), and at least one ATSDR study that evaluated blood ben- zene levels and potential ad- verse health effects is available. ATSDR acknowledges that ref- erence concentration data can support exposure and health as- sessments at waste sites, but the agency also continues to recognize the importance of col- lecting additional data on uniquely exposed populations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Beryllium ...... 4A Dose-response data in animals for EPA. acute- and intermediate-duration inhalation exposures. The sub- chronic study should include ex- tended reproductive organ histopathology. 4B Two-species developmental tox- EPA. icity study via inhalation expo- sure. 4C Environmental fate in air; factors EPA. affecting bioavailability in air. 4D Analytical methods to determine ...... Filled ...... Based on an evaluation of the environmental speciation. data in ATSDR’s 2000 updated toxicological profile. 4E Immunotoxicology battery of tests EPA. following oral exposure. 4F Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and urine are available (Paschal et other populations, such as ex- al. 1998). ATSDR acknowledges posed workers. that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. 4G Potential candidate for subregistry ATSDR. of exposed persons. Cadmium ...... 5A Analytical methods for biological ...... Filled ...... Based on an evaluation of the tissues and fluids and environ- data in ATSDR’s 1999 updated mental media. toxicological profile. 5B Exposure levels in humans living G. Lakes Filled ...... Referent population urine cad- near hazardous waste sites and mium levels are available other populations, such as ex- (NHANES III), and at least nine posed workers. ATSDR studies that evaluated blood and urine cadmium levels and potential adverse health ef- fects are available. Carbon tetrachloride ...... 6A Dose-response data in animals for chronic oral exposure. The study should include extended reproductive organ and nervous tissue histopathology.
6B Immunotoxicology battery of tests NTP ...... Filled ...... NTP dose-finding study and one via oral exposure. new study in ATSDR’s 1994 up- dated toxicological profile ad- dressed the priority data need.
6C Half-life in soil ...... Filled ...... One new study in ATSDR’s 1994 updated toxicological profile pro- vided information on half-life in soil.
6D Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
6E Potential candidate for subregistry ATSDR. of exposed persons. Chlordane ...... 7A Oral multigenerational studies to MHPF ..... Filled ...... Availability of ongoing study in the evaluate reproductive toxicity. NTP. MHPF research program and anticipated initiation of an NTP study in 2002.
7B Bioavailability studies following in- gestion of contaminated media.
7C Exposure levels in humans living near hazardous waste sites and other populations potentially ex- posed to chlordane.
7D Potential candidate for subregistry ATSDR. of exposed persons. Chloroethane ...... 8A Dose-response data in animals for EPA. acute- and intermediate-duration oral exposures. The subchronic study should include an evalua- tion of immune and nervous system tissues, and extended reproductive organ histopathology.
8B Dose-response data in animals for EPA. chronic inhalation exposures. The study should include an evaluation of nervous system tissues.
8C Potential candidate for subregistry ATSDR. of exposed persons. Chloroform ...... 9A Dose-response data in animals for ...... Filled ...... An MRL was derived in ATSDR’s intermediate-duration oral expo- 1997 updated toxicological pro- sure. file.
9B Epidemiologic studies on the ...... Filled ...... Based on an evaluation of the health effects of chloroform data in ATSDR’s 1997 updated (Special emphasis end points in- toxicological profile. ATSDR will clude cancer, neurotoxicity, re- continue to evaluate new data productive and developmental as they become available to de- toxicity, hepatotoxicity, and renal termine if additional studies are toxicity). needed.
9C Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; and Needham et posed workers. al. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
9D Potential candidate for subregistry ATSDR. of exposed persons. Chromium ...... 10A Dose-response data in animals for EPA. acute-duration exposure to chro- mium (VI) and (III) via oral expo- sure and for intermediate-dura- tion exposure to chromium (VI) via oral exposure.
10B Multigeneration reproductive tox- EPA. icity study via oral exposure to chromium (III) and (VI).
10C Immunotoxicology battery of tests EPA. following oral exposure to chro- mium (III) and (VI).
10D Two-species developmental tox- EPA. icity study via oral exposure to chromium (III) and (VI).
10E Exposure levels in humans living G. Lakes Filled ...... Reference range concentrations in near hazardous waste sites and urine are available (Paschal et other populations, such as ex- al. 1998). Also, at least two posed workers. ATSDR studies that evaluated urine chromium levels and po- tential adverse health effects are available. In addition, this PDN is being addressed in a study in the Great Lakes research pro- gram. Cyanide ...... 11A Dose-response data in animals for EPA. acute- and intermediate-duration exposures via inhalation. The subchronic study should include extended reproductive organ histopathology and evaluation of neurobehavioral and neuropathological end points. 11B Two-species developmental tox- EPA. icity study via oral exposure. 11C Evaluation of the environmental ...... Filled ...... A study addressing the priority fate of cyanide in soil. data need was submitted by in- dustry to EPA in response to EPA’s solicitation for proposals for test rule making. Scientists from EPA and ATSDR reviewed the study and considered that this research need is no longer a priority. 11D Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 11E Potential candidate for subregistry ATSDR. of exposed persons. 1,2-dibromo-3-chloropro pane ...... 12A Dose-response data in animals for acute- duration exposure via the oral route (including reproduc- tive organ histopathology). 12B Dose-response data in animals for chronic-duration exposure via the oral route (including repro- ductive organ histopathology). 12C Two-species developmental tox- icity study via oral exposure.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
12D Immunotoxicology testing battery ...... Previously planned study in the via oral exposure. MHPF research program to ad- dress this priority data need was canceled. 12E Neurotoxicology testing battery via ...... Previously planned study in the oral exposure. MHPF research program to ad- dress this priority data need was canceled. 12F Exposure levels in humans living near hazardous waste sites and other exposed populations, such as exposed workers. 12G Potential candidate for subregistry ATSDR. of exposed persons. DDT ...... 13A Dose-response data in animals for chronic-duration oral exposure. 13B Comparative toxicokinetic study (across routes/species). 13C Bioavailability and bioaccumulation from soil. 13D Epidemiologic studies on the G. Lakes Filled ...... Multiple new studies in ATSDR’s health of DDT, DDD, and DDE 2000 updated toxicological pro- (Special emphasis end points in- file and five ongoing studies in clude immunotoxicity, and repro- the Great Lakes research pro- ductive and developmental tox- gram are available. icity. 13E Exposure levels in humans living G. Lakes. near hazardous waste sites and other populations, such as ex- posed workers. 13F Potential candidate for subregistry ATSDR. of exposed persons. Di(2-ethyl-hexyl)phthalate ...... 14A Epidemiologic studies on the health effects of DEHP (Special emphasis end points include cancer). 14B Dose-response data in animals for ...... This research need is reassigned acute- and intermediate-duration as a priority data need because oral exposures. The subchronic of the data in ATSDR’s 2000 study should include an ex- updated toxicological profile. tended histopathologic evalua- Specifically, the previously de- tion of the immunologic and veloped MRL for acute-duration neurologic systems. (1993 toxicological profile) was withdrawn, and a provisional MRL for intermediate-duration was derived replacing the pre- viously established one. 14C Multigeneration reproductive tox- ...... This research need is reassigned icity study via oral exposure. as a priority data need based on an evaluation of the data in ATSDR’s 2000 updated toxi- cological profile. Also, the NTP Center for the Evaluation of Risks to Human Reproduction Expert Panel Report (October 2000) has identified critical data needs for reproductive toxicity 14D Comparative toxicokinetic studies ...... The NTP Center for the Evaluation (Studies designed to examine of Risks to Human Reproduction how primates metabolize and Expert Panel Report (October distribute DEHP as compared 2000) has also identified critical with rodents via oral exposure). data needs for toxicokinetic in- formation. 14E Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 14F Potential candidate for subregistry ATSDR. of exposed persons.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Di-n-butyl phthalate ...... 15A Dose-response data in animals for NTP ...... Filled ...... NTP completed a 14-day study. acute-duration exposure via the oral route. 15B Dose-response data in animals for chronic-duration exposure via the oral route. 15C Carcinogenicity studies via oral ex- posure. 15D In vivo genotoxicity studies ...... MHPF ..... Filled ...... Availability of ongoing studies in the MHPF research program. 15E Immunotoxicology studies via oral ...... Previously planned study in the exposure. MHPF research program to ad- dress this priority data need was canceled. 15F Neurotoxicity studies via oral ex- ...... Previously planned study in the posure. MHPF research program to ad- dress this priority data need was canceled. 15G Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 15H Environmental fate of di-n-butyl phthalate in environmental media. 15I Bioavailability in contaminated en- vironmental media near haz- ardous waste sites. 15J Potential candidate for subregistry ATSDR. of exposed persons. Disulfoton ...... 16A Immunotoxicology testing battery following oral exposure. 16B Exposure levels of disulfoton in tis- sues/fluids for populations living near hazardous waste sites and other populations, such as ex- posed workers. 16C Disulfoton should be considered ATSDR. as a potential candidate for a subregistry of exposed persons. Endosulfan (α,β, and sulfate) ...... 17A Acute-duration oral exposure. 17B Data on sensitive neurologic end point following oral exposure. 17C Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 17D Data on the bioavailability of endosulfan from soil. 17E Potential candidate for subregistry ATSDR. of exposed persons. Endrin/endrin aldehyde...... 18A Dose-response animal data for acute oral exposure to endrin. 18B Multigeneration reproductive tox- NTP. icity studies via oral exposure to endrin. 18C Accurately describe the toxicokinetics of endrin and its degradation products and iden- tify the animal species to be used as the most appropriate model for human exposure. 18D Exposure levels for endrin and its degradation products in humans living near hazardous waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
18E Accurately describe the environ- mental fate of endrin, including environmental breakdown prod- ucts and rates, media half-lives, and chemical and physical prop- erties of the breakdown prod- ucts that help predict mobility and volatility. 18F Potential candidate for subregistry ATSDR. of exposed persons. Heptachlor/heptachlor epoxide...... 19A Dose-response animal data for acute- and intermediate-duration oral exposures, including immunopathology. 19B Multigeneration reproductive tox- NTP ...... Filled ...... Availability of publication ‘‘The ef- icity studies via the oral route of fects of perinatal/juvenile hepta- exposure. chlor exposure on adult immune and reproductive system func- tion in rats’’ by Smialowicz et al. (2001), Toxicological Sciences 61:164–75. 19C Two-species developmental tox- icity studies via the oral route of exposure. 19D Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 19E Bioavailability from contaminated air, water, and soil and bio- accumulation potential. 19F Potential candidate for subregistry ATSDR. of exposed persons. Hexachloro-butadiene ...... 20A Dose-response data in animals for acute-duration exposure via the oral route. 20B Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 20C Environmental fate studies that de- termine the extent to which hexachlorobutadiene volatilizes from soil, and studies that deter- mine the reactions and rates which drive degradation in soil. 20D Bioavailability studies in soil and plants. 20E Potential candidate for subregistry ATSDR. of exposed person. Hexachloro-cyclohexane (α, β, δ, 21A Dose-response data for chronic- ...... Filled ...... An MRL was derived in ATSDR’s and γ). duration oral exposure. 1999 updated toxicological pro- file. 21B Mechanistic studies on the neurotoxicity, hepatotoxicity, re- productive toxicity, and immunotoxicity of hexachlorocyclohexane. 21C Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available. ATSDR ac- other populations, such as ex- knowledges that reference con- posed workers. centration data can support ex- posure and health assessments at waste sites, but the agency also continues to recognize the importance of collecting addi- tional data on uniquely exposed populations at waste sites.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
21D Potential candidate for subregistry ATSDR. of exposed persons. Lead ...... 22A Mechanistic studies on the neuro- MHPF ..... Filled ...... Multiple new studies (13 publica- toxic effects of lead. tions from the MHPF research program + numerous new pub- lished studies in ATSDR’s 1999 updated toxicological profile) are available. 22B Analytical methods for tissue lev- MHPF ..... Filled ...... A publication from the MHPF re- els. search program and numerous studies in ATSDR’s 1999 toxi- cological profile are available. 22C Exposure levels in humans living MHPF ..... Filled ...... Referent population blood and near hazardous waste sites and G. Lakes urine lead levels are available other populations, such as ex- (NHANES III; Paschal et al. posed workers. 1998), and at least 19 ATSDR studies that evaluated blood lead levels and potential ad- verse health effects are avail- able. Manganese ...... 23A Dose-response data for acute- and MHPF ..... Filled ...... Availability of ongoing studies in intermediate-duration oral expo- EPA the MHPF research program. sures (the subchronic study should include reproductive histopathology and an evalua- tion of immunologic parameters including manganese effects on plaque-forming cells (SRBC), surface markers (D4:D8 ratio), and delayed hypersensitivity re- actions). 23B Toxicokinetic studies on animals to MHPF ..... Filled ...... Avaialbiltiy of ongoing studies in investigate uptake and absorp- EPA the MHPF research program. tion, relative uptake of differing manganese compounds, metab- olism of manganese, and inter- action of manganese with other substances following oral expo- sure. 23C Epidemiological studies on the ...... Filled ...... Based on evaluation of the data in health effects of manganese ATSDR’s 2000 updated toxi- (Special emphasis end points in- cological profile. ATSDR will clude neurologic, reproductive, continue to evaluate new data developmental, immunologic, as they become available to de- and cancer). termine if additional studies are needed. 23D Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 23E Relative bioavailability of different EPA. manganese compounds and bioavialability of manganese from soil. Mercury ...... 24A Multigeneration reproductive tox- MHPF ..... Filled ...... Three publications from the MHPF icity study via oral exposure. research program are available. 24B Dose-response data in animals for EPA ...... Filled ...... An MRL was derived in ATSDR’s chronic-duration oral exposure. 1999 updated toxicological pro- file. 24C Immunotoxicology battery of tests EPA. via oral exposure.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
24D Exposure levels in humans living G. Lakes Filled ...... Background levels data are avail- near hazardous waste sites and able in ATSDR’s 1997 updated other populations, such as ex- toxicological profile, and multiple posed workers. studies that evaluated blood, urine, and hair mercury levels and potential adverse health ef- fects are available (Five ATSDR studies + at least eight ongoing studies of the Great Lakes re- search program). 24E Potential candidate for subregistry ATSDR. of exposed persons. Methoxychlor ...... 25A Evaluate neurologic effects after ...... Filled ...... Based on an evaluation of the long-term, low-level oral expo- data in ATSDR’s 2000 updated sure. toxicological profile. 25B Exposure levels of methoxychlor and primary metabolities in hu- mans living near hazardous waste sites and in those individ- uals with the potential to ingest it. 25C Evaluate the fate, transport, and levels of the degradation prod- ucts of methoxychlor in soil. 25D Potential candidate for subregistry ATSDR. of exposed persons. Methylene chloride ...... 26A Dose-response data in animals for EPA ...... Filled ...... ATSDR accepted HSIA’s toxicity acute- and intermediate-duration Vol Res. study for acute- and inter- oral exposure. The subchronic mediate-exposure duration in study should include extended February 1997. ATSDR accept- reproductive organ ed HSIAs immunotoxicity study histopathology, neuropathology, via inhalation in November and immunopathology. 2000. Currently, HSIA is con- ducting PBPK modeling to ob- tain data for oral exposure using the data from its inhalation study. Neurotoxicity screening battery testing remains in the ATSDR/EPA test rule under de- velopment. 26B Two-species developmental tox- EPA ...... Filled ...... ATSDR accepted HSIA’s study in icity study via the oral route. Vol Res. February 1997. 26C Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. 26D Potential candidate for subregistry ATSDR. of exposed persons. Nickel ...... 27A Epidemiologic studies on the ...... Filled ...... At least two new relevant studies health effects of nickel (Special in ATSDR’s 1997 updated toxi- emphasis end points include re- cological profile are available. productive toxicity. ATSDR will continue to evaluate new data as they become avail- able to determine if additional studies are needed. 27B Two-species developmental tox- EPA ...... Filed ...... In ATSDR’s 1997 updated toxi- icity study via the oral route. cological profile, a new study confirming the results of two previous studies is available
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
27C Dose-response data in animals for EPA. acute- and intermediate-duration oral exposures. 27D Neurotoxicology battery of tests EPA. via oral exposure. 27E Bioavailability of nickel from soil ... EPA. 27F Exposure levels in humans living G. Lakes Filled ...... Based on availability of the study near hazardous waste sites and in the Great Lakes research pro- other populations, such as ex- gram and an evaluation of posed workers. ATSDR’s 1997 updated toxi- cological profile. 27G Potential candidate for subregistry ATSDR. of exposed persons. PAHs (Includes 15 substances) .... 28A Dose-response data in animals for MHPF ..... Filled ...... MRLs for four PAHs were derived intermediate-duration oral expo- in ATSDR’s 1995 updated sures. The subchronic study toxological profile. A publication should include extended repro- from the MHPF research pro- ductive organ histopathology gram addressing this priority and immunopathology. data need is available. 28B Two-species developmental tox- MHPF ..... Filled ...... Ongoing studies in the MHPF re- icity study via inhalation or oral search program and one publi- exposure. cation from the program are available. 28C Mechanistic studies on PAHs, on MHPF ..... Filled ...... At least 12 new studies in how mixtures of PAHs can influ- ATSDR’s 1995 updated toxi- ence the ultimate activation of cological profile and two publica- PAHs, and on how PAHs affect tions from the MHPF research rapidly proliferating tissues. program are available. 28D Dose-response data in animals for MHPF ..... Filled ...... Ongoing studies in the MHPF re- acute- and intermediate-duration search program and one publi- inhalation exposures. the sub- cation from the program are chronic study should include ex- available. tended reproductive organ histopathology and immunopathology. 28E Epidemiologic studies on the ...... Filled ...... At least three new studies in health effects of PAHs (Special ATSDR’s 1995 updated toxi- emphasis end points include cological profile are available. cancer, dermal, hemolymphatic, ATSDR will continue to evaluate and hepatic toxicity. new data as they become avail- able to determine if additional studies are needed. 28F Exposure levels in humans living G. Lakes Filled ...... Based on ongoing study in the near hazardous waste sites and Great Lakes research program other populations, such as ex- and an evaluation of the ATSDR posed workers. 1995 updated toxicological pro- file. Also, the agency continues to recognize the importance of collecting additional data on uniquely exposed populations at waste sites. 28G Potential candidate for subregistry ATSDR. of exposed persons. PCBs ...... 29A Dose-response data in animals for G. Lakes ...... Although an MRL for intermediate- acute- and intermediate-duration exposure duration was derived oral exposures. in ATSDR’s 2000 updated toxi- cological profile, an MRL for acute-exposure duration is still lacking. 29B Biodegradation of PCBs in water; bioavailability of PCBs in air, water, and soil. 29C Dose-response data in animals for acute- and intermediate-duration inhalation exposures. The sub- chronic study should include ex- tended reproductive organ histopathology.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
29D Epidemiologic studies on the G. Lakes Filled ...... Multiple new published studies in health effects of PCBs (Special ATSDR’s 2000 updated toxi- emphasis end points include cological profile and at least immunotoxicity, gastrointestinal nine ongoing studies in the toxicity, liver toxicity, kidney tox- Great Lakes research program icity, thyroid toxicity, and repro- are available. ductive/developmental toxicity). 29E Exposure levels in humans living G. Lakes Filled ...... Background levels data are avail- near hazardous waste sites and able (ATSDR’s 1997 updated other populations, such as ex- toxicological profile, and Need- posed workers. ham et al. 1996). Also, multiple studies that evaluated blood and breast milk PCB levels and po- tential adverse health effects are available (at least six ATSDR studies + at least eight ongoing studies in the Great Lakes re- search program). 29F Potential candidate for subregistry ATSDR. of exposed persons. 29G (5) Chronic toxicity and oncogenicity Vol Res .. Filled ...... ATSDR accepted the final report via oral exposure. of the GE in October 1997. 29H (5) Aerobic PCB biodegradation in Vol Res .. Filled ...... ATSDR accepted the final report sediment. of the GE study in July 1999. 29I (5) PCB congener analysis ...... Vol Res .. Filled ...... ATSDR accepted the final report G. Lakes of the GE study in October 1997. Also, ongoing studies in the Great Lakes research pro- gram are available. Selenium ...... 30A Dose-response data in animals for EPA. acute-duration oral exposure. 30B Immunotoxicology battery of tests EPA. via oral exposure. 30C Epidemiologic studies on the ...... Filled ...... Based on an evaluation of health effects of selenium (Spe- ATSDR’s 2001 updated toxi- cial emphasis end points include cological profile. ATSDR will cancer, reproductive and devel- continue to evaluate new data opmental toxicity, hepatotoxicity, as they become available to de- and adverse skin effects). termine if additional studies are needed. 30D Exposure levels in humans living G. Lakes Filled ...... Referent population serum sele- near hazardous waste sites and nium levels are known other populations, such as ex- (NHANES III). Two ongoing posed workers. studies in the Great Lakes re- search program are available. ATSDR acknowledges that ref- erence concentration data can support exposure and health as- sessments at waste sites, but the agency also continues to recognize the importance of col- lecting additional data on uniquely exposed populations at waste sites. 30E Potential candidate for subregistry ATSDR. of exposed persons. Tetrach loroethy lene ...... 31A Dose-response data in animals for ...... Filled ...... An MRL was derived in the 1997 acute-duration oral exposure, in- updated toxicological profile. cluding neuropathology and de- meanor, and immunopathology.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
31B Multigeneration reproductive tox- Vol Res ...... HSIA’s inhalation study was ac- icity study via oral exposure. cepted by ATSDR and included in ATSDR’s 1997 updated toxi- cological profile. However, ATSDR has identified ingestion of contaminated environmental media to be the primary expo- sure route for this chemical at waste sites. HSIA plans to ob- tain the oral data from the inha- lation study by conducting PBPK modeling. 31C Dose-response data in animals for EPA ...... HSIA intends to obtain oral data intermediate-duration oral expo- Vol Res. for neurotoxicity by PBPK mod- sure, including neuropathology, eling, and to conduct an and immunopathology. immunotoxicity study. 31D One-species developmental tox- EPA ...... icity study via oral exposure. Vol Res. 31E Developmental neurotoxicity study EPA ...... via oral exposure. Vol Res. 31F Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. 31G Potential candidate for subregistry ATSDR. of exposed persons. Toluene ...... 32A Dose-response data in animals for EPA ...... Filled ...... Availability of MRLs for acute- and acute- and intermediate-duration intermediate-exposure durations oral exposures. The subchronic in ATSDR’s 2000 updated toxi- study should include an ex- cological profile. Immunotoxicity tended histopathologic evalua- study remains in the ATSDR/ tion of the immune system. EPA test rule under develop- ment. 32B Comparative toxicokinetic studies ...... Filled ...... Based on evaluation of the data in (Characterization of absorption, ATSDR’s 2000 updated toxi- distribution, and excretion via cological profile. oral exposure). 32C Neurotoxicology battery of tests EPA ...... via oral exposure. MHPF. 32D Mechanism of toluene-induced ...... Filled ...... At least 15 studies in ATSDR’s neurotoxicity. 1994 updated toxicological pro- file and additional new data in ATSDR’s 2000 updated toxi- cological profile are available. 32E Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed worker. 1995), and additional data in ATSDR’s 2000 updated toxi- cological profile are available. ATSDR acknowledges that ref- erence concentration data can support exposure and health as- sessments at waste sites, but the agency also continues to recognize the importance of col- lecting additional data on uniquely exposed populations at waste sites. 32F Potential candidate for subregistry ATSDR. of exposed persons.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
Toxaphene ...... 33A Identify the long-term health con- sequences of exposure to envi- ronmental toxaphene via oral exposure.. 33B Conduct additional immunotoxicity studies for chronic-duration via oral route of exposure. 33C Conduct additional neurotoxicity studies for chronic-duration via oral route of exposure. 33D Exposure levels in humans living in areas near hazardous waste sites with toxaphene and in those individuals with the poten- tial to ingest it. 33E Potential candidate for subregistry ATSDR. of exposed persons.. Trichloroethylene ...... 34A Dose-response data in animals for ...... Filled ...... An MRL was derived in ATSDR’s acute-duration oral exposure. 1997 updated toxicological pro- file. 34B Dose-response data in animals for EPA ...... intermediate-duration oral expo- Vol Res. sure. 34C Neurotoxicology battery of tests EPA ...... via the oral route. MHPF ..... Vol Res. 34D Immunotoxicology battery of tests EPA ...... via the oral route. Vol Res. 34E One-species developmental tox- Vol Res ...... ATSDR accepted HSIA’s final re- icity study via oral exposure. port for an inhalation develop- mental toxicity study in Sep- tember 2001. HSIA is currently using PBPK modeling to obtain data for oral exposure using the data from its inhalation study. 34F Developmental neurotoxicity study EPA ...... via oral exposure. Vol Res. 34G Epidemiologic studies on the ...... Filled ...... Based on evaluation of the data in health effects of trichloro- ATSDR’s 1997 updated toxi- ethylene (Special emphasis end cological profile. ATSDR will points include cancer, continue to evaluate new data hepatotoxicity, renal toxicity, de- as they become available to de- velopmental toxicity, and termine if additional studies are neurotoxicity). needed. 34H Exposure levels in humans living ...... Filled ...... Reference range concentrations in near hazardous waste sites and blood are available (Ashley et other populations, such as ex- al. 1992, 1994; Needham et al. posed workers. 1995). ATSDR acknowledges that reference concentration data can support exposure and health assessments at waste sites, but the agency also con- tinues to recognize the impor- tance of collecting additional data on uniquely exposed popu- lations at waste sites. Vinyl chloride ...... 35A Dose-response data in animals for ...... Filled ...... An MRL was derived in ATSDR’s acute-duration inhalation expo- 1997 updated toxicological pro- sure. file. 35B Multigeneration reproductive tox- Vol Res .. Filled ...... ATSDR accepted the final report icity study via inhalation. of ACC’s study in November 2000. 35C Dose-response data in animals for chronic-duration inhalation expo- sure. 35D Mitigation of vinyl chloride-induced toxicity.
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TABLE 1.—ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS FOR 50 PRIORITY HAZARDOUS SUBSTANCES— Continued
PDN Status Substances PDN description Program 2 Comments 4 ID 1 change 3
35E Two-species developmental tox- Vol Res .. Filled ...... ATSDR accepted the final report icity study via inhalation.. of ACC’s study in November 2000. 35F Exposure levels in humans living near hazardous waste sites and other populations, such as ex- posed workers. 35G Potential candidate for subregistry ATSDR. of exposed persons. Zinc ...... 36A Dose-response data in animals for MHPF ..... Filled ...... Ongoing studies in the MHPF re- acute- and intermediate-duration search program are available. oral exposures. The subchronic study should include an ex- tended histopathologic evalua- tion of the immunologic and neurologic systems. 36B Multigeneration reproductive tox- MHPF. icity study via oral exposure. 36C Carcinogenicity testing (2-year bio- assay) via oral exposure. 36D Exposure levels in humans living ...... This priority data need, previously near hazardous waste sites and anticipated to be addressed other populations, such as ex- under the voluntary research posed workers. program, is not being inves- tigated under any of the ATSDR research programs. 36E Potential candidate for subregistry ATSDR. of exposed persons. 1 Priority data need identification number. 2 Programs addressing data needs. ATSDR=ATSDR’s Division of Health Studies; EPA=Environmental Protection Agency; G. Lakes=Great Lakes Human Health Effects Research Program; MHPF=Minority Health Professions Foundation schools; NTP=National Toxicology Program; Vol Res=Voluntary research. 3 PDN can be filled or remain unchanged based on reevaluation of the database using criteria developed by ATSDR. 4 ACC=American Chemistry Council; Ashley et al. 1992=Ashley DL, Bonin MA, Cardinali FL, et al. Anal Chem (1992) 64:1021–29; Ashley et al. 1994=Ashley DL, Bonin MA, Cardinali FL et al., Clin Chem (1994) 40/7:1401–4; ATSDR studies=Studies conducted by ATSDR’s Division of Health Studies; GE=General Electric Company ; HSIA=Halogenated Solvents Industry Alliance, Inc.; MHPF=Minority Health Professions Founda- tion schools; MRL=Minimal Risk Level; Needham et al. 1995=Needham LL, Hill RH Jr, Ashley DL, Pirkle JL, and Sampson EJ. Environ Health Perspect 103 (Suppl 3):89–94; Needham et al. 1996=Needham LL, Patterson DG Jr, Burse VW, Paschal DC, Turner WE, and Hill VW Jr. Toxicol Ind Health 12:507–513; NHANES III=The Third National Health and Nutrition Examination Survey, conducted by the National Center for Health Statistics, Centers for Disease Control and Prevention, Atlanta, GA; NTP=National Toxicology Program; Paschal et al. 1998=Paschal DC, Ting BC, Morrow JC, et al. Environ Res, Section A 76: 53–59; PBPK modeling=physiologically based pharmacokinetic modeling; Toxicological profile=ATSDR’s toxicological profiles for the agency’s priority hazardous substances. 5 Not a priority data need.
TABLE 2.—GROUPS ADDRESSING ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS (PDNS)
Firm, institution, agency, or con- ATSDR program sortium Substance PDN ID
Voluntarism ...... American Chemistry Council ...... Vinyl Chloride ...... 35B, 35E General Electric Company ...... PCBs ...... 29G,* 29H,* 29I* Halogenated Solvents Industry Al- Methylene chloride ...... 26A, 26B liance, Inc. Tetrachloroethylene ...... 31B, 31C, 31D, 31E Trichloroethylene ...... 34B, 34C, 34D, 34E, 34F Minority Health Professions Foun- Florida A & M University ...... Lead ...... 22A dation Schools. The King/Drew Medical Center of Lead ...... 22B, 22C the Charles R. Drew University of Medicine and Science. Meharry Medical College ...... PAHS ...... 28A, 28B, 28C, 28D Morehouse School of Medicine .... Lead ...... 22C Texas Southern University ...... Di-n-butyl phthalate ...... 15D Lead ...... 22A Toluene ...... 32C Trichloroethylene ...... 34C
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TABLE 2.—GROUPS ADDRESSING ATSDR’S SUBSTANCE-SPECIFIC PRIORITY DATA NEEDS (PDNS)—Continued
Firm, institution, agency, or con- ATSDR program sortium Substance PDN ID
Tuskegee University ...... Chlordane ...... 7A Mercury ...... 24A Zinc ...... 36A, 36B Xavier University ...... Manganese ...... 23A, 23B Zinc ...... 36A Great Lakes Human Health Effects Michigan State University ...... DDT/DDE ...... 13D, 13E Research Program. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I Selenium ...... 30D New York State Health Depart- DDT/DDE ...... 13E ment. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I State University of New York at DDT/DDE ...... 13D, 13E Buffalo. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 291 State University of New York at DDT/DDE ...... 13D, 13E Oswego. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I University of Illinois at Chicago .... DDT/DDE ...... 13D, 13E Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 291 University of Illinois at Urbana- DDT/DDE ...... 13D, 13E Champaign. Lead ...... 22C Mercury ...... 24D PCBs ...... 29D, 29E, 29I University of Wisconsin—Mil- DDT/DDE ...... 13D, 13E waukee. Lead ...... 22C Mercury ...... 24D PCBs ...... 29A, 29D, 29E, 29I Selenium ...... 30D Wisconsin Department of Health Arsenic ...... 2D and Social Services—5 State Cadmium ...... 5B Consortium. Chromium ...... 10E DDT/DDE ...... 13D, 13E Lead ...... 22C Mercury ...... 24D Nickel ...... 27F PAHs ...... 28F PCBs ...... 29D, 29E, 29I Environmental Protection Agency ATSDR Test Rule ...... Benzene ...... 3A, 3B, 3C TSCA/FIFRA. Chloroethane ...... 8A, 8B Cyanide (hydrogen cyanide and 11A, 11B sodium cyanide). Methylene chloride ...... 26A, 26B Tetrachloroethylene ...... 31C, 31D, 31E Toluene ...... 32A, 32C Trichloroethylene ...... 34B, 34C, 34D, 34F Metals Testing Task Force Arsenic ...... 2A, 2B, 2C (TASARC). Beryllium ...... 4A, 4B, 4C, 4E Chromium ...... 10A, 10B, 10C, 10D Manganese ...... 23A, 23B, 23E Mercury ...... 24B, 24C Nickel ...... 27B, 27C, 27D, 27E Selenium ...... 30A, 30B National Toxicology Program ...... National Institute of Environmental Carbon Tetrachloride ...... 6B Health Sciences. Chlordane ...... 7A Di-n-butyl phthalate ...... 15A Endrin ...... 18B Heptachlor ...... 19B * Not priority data needs.
[FR Doc. 02–2421 Filed 1–30–02; 8:45 am] BILLING CODE 4163–70–P
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Part V
Department of Transportation Federal Aviation Administration
14 CFR Part 25 Revisions to Various Powerplant Installation Requirements for Transport Category Airplanes; Proposed Rule
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DEPARTMENT OF TRANSPORTATION Mechanical Systems Branch, ANM–112, identify the docket number of this Transport Airplane Directorate, Aircraft NPRM. Federal Aviation Administration Certification Service, FAA, 1601 Lind What Are the Relevant Airworthiness Avenue SW., Renton, WA 98055–4056; Standards in the United States? 14 CFR Part 25 telephone (425) 227–2133; fax (425) [Docket No. FAA–2002–11272; Notice No. 227–1320, e-mail [email protected]. In the United States, the airworthiness 02–02] SUPPLEMENTARY INFORMATION: standards for type certification of transport category airplanes are RIN 2120–AH37 How Do I Submit Comments to This contained in Title 14, Code of Federal NPRM? Revisions to Various Powerplant Regulations (CFR) part 25. Interested persons are invited to Manufacturers of transport category Installation Requirements for participate in the making of the Transport Category Airplanes airplanes must show that each airplane proposed action by submitting such they produce of a different type design AGENCY: Federal Aviation written data, views, or arguments, as complies with the appropriate part 25 Administration (FAA), DOT. they may desire. Comments relating to standards. These standards apply to: ACTION: Notice of proposed rulemaking. the environmental, energy, federalism, • Airplanes manufactured within the or economic impact that might result U.S. for use by U.S.-registered operators, SUMMARY: The Federal Aviation from adopting the proposals in this and Administration proposes to amend the document are also invited. Substantive • Airplanes manufactured in other airworthiness standards for transport comments should be accompanied by countries and imported to the U.S. category airplanes concerning cost estimates. Comments must identify under a bilateral airworthiness powerplant installations. Specifically, the regulatory docket number and be agreement. the proposed rule would affect the submitted in duplicate to the DOT Rules standards applicable to thrust or power Docket address specified above. What Are the Relevant Airworthiness augmentation systems; fuel filling All comments received, as well as a Standards in Europe? report summarizing each substantive points; designated fire zones; and In Europe, the airworthiness public contact with FAA personnel powerplant instruments. Adopting this standards for type certification of concerning this proposed rulemaking, proposal would eliminate regulatory transport category airplanes are will be filed in the docket. The docket differences between the airworthiness contained in Joint Aviation is available for public inspection before standards of the U.S. and the Joint Requirements (JAR)–25, which are Aviation Requirements of Europe, and after the comment closing date. We will consider all comments based on part 25. These were developed without affecting current industry by the Joint Aviation Authorities (JAA) design practices. received on or before the closing date before taking action on this proposed of Europe to provide a common set of DATES: Send your comments on or airworthiness standards within the before April 1, 2002. rulemaking. Comments filed late will be considered as far as possible without European aviation community. Twenty- ADDRESSES: Address your comments to incurring expense or delay. The three European countries accept Dockets Management System, U.S. proposals in this document may be airplanes type certificated to the JAR–25 Department of Transportation Dockets, changed in light of the comments standards, including airplanes Room Plaza 401, 400 Seventh Street received. manufactured in the U.S. that are type SW., Washington, DC 20590–0001. You certificated to JAR–25 standards for must identify the docket number FAA– How Can I Obtain a Copy of This export to Europe. 2002–11272 at the beginning of your NPRM? What Is ‘‘Harmonization’’ and How Did comments, and you should submit two You may download an electronic It Start? copies of your comments. If you wish to copy of this document using a modem receive confirmation that the FAA has and suitable communications software Although part 25 and JAR–25 are very received your comments, please include from the FAA regulations section of the similar, they are not identical in every a self-addressed, stamped postcard on Fedworld electronic bulletin board respect. When airplanes are type which the following statement is made: service (telephone: 703–321–3339); the certificated to both sets of standards, the ‘‘Comments to Docket No. FAA–2002– Government Printing Office (GPO)’s differences between part 25 and JAR–25 11272.’’ We will date-stamp the electronic bulletin board service can result in substantial additional costs postcard and mail it back to you. (telephone: 202–512–1661); or, if to manufacturers and operators. These You also may submit comments applicable, the FAA’s Aviation additional costs, however, frequently do electronically to the following Internet Rulemaking Advisory Committee not bring about an increase in safety. In address: http://dms.dot.gov. bulletin board service (telephone: 800– many cases, part 25 and JAR–25 may You may review the public docket 322–2722 or 202–267–5948). contain different requirements to containing comments to this proposed Internet users may access recently accomplish the same safety intent. regulation at the Department of published rulemaking documents at the Consequently, manufacturers are Transportation (DOT) Dockets Office, FAA’s web page at http://www.faa.gov/ usually burdened with meeting the located on the plaza level of the Nassif avr/arm/nprm/nprm.htm or the GPO’s requirements of both sets of standards, Building at the above address. You may web page at http://www.access.gpo.gov/ although the level of safety is not review the public docket in person at nara. increased correspondingly. that address between 9:00 a.m. and 5:00 You may obtain a copy of this Recognizing that a common set of p.m., Monday through Friday, except document by submitting a request to the standards would not only benefit the Federal holidays. Also, you may review Federal Aviation Administration, Office aviation industry economically, but also the public dockets on the Internet at of Rulemaking, ARM–1, 800 maintain the necessary high level of http://dms.dot.gov. Independence Avenue, SW., safety, the FAA and the JAA began an FOR FURTHER INFORMATION CONTACT: Washington, DC 20591; or by calling effort in 1988 to ‘‘harmonize’’ their Michael McRae, Propulsion/and 202–267–9680. Communications must respective aviation standards. The goal
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of the harmonization effort is to ensure FAA solicits participation in working 66522). This program involves grouping that: groups from interested members of the all of the standards needing • Where possible, standards do not public who possess knowledge or harmonization into three categories: require domestic and foreign parties to experience in the task areas. Working Category 1: Envelope—For these manufacture or operate to different groups report directly to the ARAC, and standards, parallel part 25 and JAR–25 standards for each country involved; the ARAC must accept a working group standards would be compared, and and proposal before ARAC presents the harmonization would be reached by • The standards adopted are mutually proposal to the FAA as an advisory accepting the more stringent of the two acceptable to the FAA and the foreign committee recommendation. standards. Thus, the more stringent aviation authorities. The activities of the ARAC will not, requirement of one standard would be The FAA and JAA have identified a however, circumvent the public ‘‘enveloped’’ into the other standard. In number of significant regulatory rulemaking procedures; nor is the FAA some cases, it may be necessary to differences (SRD) between the wording limited to the rule language incorporate parts of both the part 25 and of part 25 and JAR–25. Both the FAA ‘‘recommended’’ by ARAC. If the FAA JAR standard to achieve the final, more and the JAA consider ‘‘harmonization’’ accepts an ARAC recommendation, the stringent standard. (This may of the two sets of standards a high agency proceeds with the normal public necessitate that each authority revises priority. rulemaking procedures. Any ARAC its current standard to incorporate more What Is ARAC and What Role Does It participation in a rulemaking package is stringent provisions of the other.) Play in Harmonization? fully disclosed in the public docket. Category 2: Completed or near complete—For these standards, ARAC After initiating the first steps towards What Is the Status of the Harmonization Effort Today? has reached, or has nearly reached, harmonization, the FAA and JAA soon technical agreement or consensus on the realized that traditional methods of Despite the work that ARAC has new wording of the proposed rulemaking and accommodating undertaken to address harmonization, harmonized standards. different administrative procedures was there remain a large number of Category 3: Harmonize—For these neither sufficient nor adequate to make regulatory differences between part 25 standards, ARAC is not near technical appreciable progress towards fulfilling and JAR–25. The current harmonization agreement on harmonization, and the the goal of harmonization. The FAA process is extremely costly and time- parallel part 25 and JAR–25 standards then identified the Aviation Rulemaking consuming for industry, the FAA, and cannot be ‘‘enveloped’’ (as described Advisory Committee (ARAC) as an ideal the JAA. Industry has expressed a strong under Category 1) for reasons of safety vehicle for assisting in resolving desire to conclude the harmonization or unacceptability. A standard harmonization issues, and, in 1992, the program as quickly as possible to developed under Category 3 would be FAA tasked ARAC to undertake the alleviate the drain on their resources mutually acceptable to the FAA and entire harmonization effort. and to finally establish one acceptable JAA, with a consistent means of The FAA had formally established set of standards. compliance. ARAC in 1991 (56 FR 2190, January 22, Recently, representatives of the Further details on the Fast Track 1991), to provide advice and aviation industry [including Aerospace Program can be found in the tasking recommendations concerning the full Industries Association of America, Inc. statement (64 FR 66522, November 26, range of the FAA’s safety-related (AIA), General Aviation Manufacturers 1999) and the first NPRM published rulemaking activity. The FAA sought Association (GAMA), and European under this program, Fire Protection this advice to develop better rules in Association of Aerospace Industries Requirements for Powerplant less overall time and using fewer FAA (AECMA)] proposed an accelerated Installations on Transport Category resources than previously needed. The process to reach harmonization. Airplanes (65 FR 36978, June 12, 2000). committee provides the FAA firsthand Under this program, the FAA information and insight from interested What Is the ‘‘Fast Track Harmonization provides ARAC with an opportunity to parties regarding potential new rules or Program’’? review, discuss, and comment on the revisions of existing rules. In light of a general agreement among FAA’s draft NPRM. In the case of this There are 64 member organizations on the affected industries and authorities to rulemaking, however, ARAC did not the committee, representing a wide expedite the harmonization program, request the opportunity to review the range of interests within the aviation the FAA and JAA in March 1999 agreed draft prior to publication. community. Meetings of the committee upon a method to achieve these goals. are open to the public, except as This method, which the FAA has titled Discussion of the Proposal authorized by section 10(d) of the ‘‘The Fast Track Harmonization How Does This Proposed Regulation Federal Advisory Committee Act. Program,’’ is aimed at expediting the Relate to ‘‘Fast Track’’? The ARAC establishes working groups rulemaking process for harmonizing not to develop recommendations for only the 42 standards that are currently This proposed regulation results from resolving specific airworthiness issues. tasked to ARAC for harmonization, but the recommendations of ARAC Tasks assigned to working groups are approximately 80 additional standards submitted under the FAA’s Fast Track published in the Federal Register. for part 25 airplanes. Harmonization Program. In this notice, Although working group meetings are The FAA initiated the Fast Track the FAA proposes to amend four not generally open to the public, the program on November 26, 1999 (64 FR sections of 14 CFR part 25, specifically:
Change # Section No. Section title
1 ...... § 25.945(b)(5) ...... Thrust or power augmentation system. 2 ...... § 25.973(d) ...... Fuel tank filler connection. 3 ...... § 25.1181(b) ...... Designated fire zones; regions included.
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Change # Section No. Section title
4 ...... § 25.1305(a)(7) and Powerplant instruments. (d)(2).
We have identified this proposed controls or equipment. The 2% much additional design or rulemaking project as a Category 1 expansion space ensures that the risk of manufacturing resources; in principle, it project under the criteria of the Fast discharge of commonly-used should be fairly simple to meet the Track Harmonization Program. Each of augmentation fluids (typically water, or design requirement of a tank that is 2% the proposed changes would adopt the a mix of water and methanol) is unlikely larger. Augmentation fluid tanks are ‘‘more stringent’’ requirements of the to occur during typical operation of the small in comparison to fuel tanks and it parallel JAR. airplane within its normal operating is unlikely that design constraints temperature envelope. would be encountered. How Is This Preamble Organized? What Is the Proposed Action? Each of the four proposed changes to What Are the Current 14 CFR and JAR the standards is discussed separately Standards? We propose to amend § 25.945 by below. Although the reader may find There currently is no paragraph (b)(5) incorporating the ‘‘more stringent’’ much of the information repetitious, we of § 25.945 in 14 CFR. requirements of the JAR in a new consider it important that the public be The current text of JAR 25.945(b)(5) paragraph (b)(5). The new paragraph provided the full explanation and (Change 15, amendment 25/ 96/1) is: would be identical (with some minor editorial differences) to the existing JAR reasoning behind each of the four JAR 25.945 Thrust or power proposed changes. augmentation system 25.945(b)(5). Change 1: § 25.945, Thrust or Power * * * * * How Does This Proposed Standard Augmentation System (b) Fluid tanks. Each augmentation system Address the Underlying Safety Issue? fluid tank must meet the following The proposed standard would What Is the Underlying Safety Issue requirements: Addressed by the Current Standards? *** continue to address the original (5) Each tank must have an expansion underlying safety issue. The new Currently, JAR 25.945 contains a space of not less than 2% of the tank § 25.945(b)(5) would control the paragraph, which requires that: identified adverse effects in the same • capacity. It must be impossible to fill the each augmentation system fluid expansion space inadvertently with the way as the current JAR–25 requirement. tank must have an expansion space of aeroplane in the normal ground attitude. not less than 2% of the tank capacity, What Is the Effect of the Proposed and What Are the Differences in the Standard Relative to the Current • it must be impossible to fill the Standards and What Do Those Regulations? expansion space inadvertently while the Differences Result In? The proposed standard would airplane is in the normal ground As explained above, the requirements maintain, and may increase, the level of attitude. of JAR 25.945(b)(5) for the 2% safety currently provided by part 25. These requirements are intended to expansion space ensure that the risk of What Is the Effect of the Proposed prevent the inadvertent discharge discharge of commonly-used Standard Relative to Current Industry overboard of thrust or power augmentation fluids is unlikely to occur Practice? augmentation fluids. during typical operation of the airplane The parallel part 25 section does not under typical operating temperatures. Industry practice has been based upon contain this standard. However, the Because JAR–25 contains this specific the existing JAR–25 requirement. requirements of JAR 25.945(b)(5) are requirement in section 25.945, but part Currently, U.S. manufacturers are either equivalent to those of § 25.969 (‘‘Fuel 25 does not, the JAR is considered already complying, or fully intend to tank expansion space’’) and ‘‘more stringent.’’ However, although comply, with the more stringent JAR § 25.1013(b)(2) (‘‘Oil tanks’’), which there is no equivalent standard requirements in order to sell their address preventing the inadvertent specifically in § 25.945, the requirement airplanes in Europe. Future certificated discharge overboard of fuel and engine is basically covered separately under airplanes also are expected to meet the oil, respectively. (The JAR contains other sections of part 25. existing JAR requirements, and this these same sections.) Both of those proposed rule would simply adopt those sections of part 25 require that there be What, if Any, Are the Differences in the same requirements. Means of Compliance? a 2% expansion space in the tank to Change 2: § 25.973, Fuel Tank Filler accommodate the likely volumetric Currently, U.S. manufacturers must Connection expansion of the fluid when the comply with the ‘‘more stringent’’ airplane is exposed to hot day requirements of JAR 25.945(b)(5) if they What Is the Underlying Safety Issue conditions, after the fluids are initially intend to sell their airplanes in Europe. Addressed by the Current Standards? replenished in cold conditions. Future certificated airplanes also are The current standards provide for a The current requirements of both part expected to meet the existing JAR means by which the build-up of 25 and JAR–25 do not specify the requirements. In actual practice, unwanted electrostatic charge can be location of any augmentation fluid tank however, U.S. manufacturers and other prevented. Static charge can build up vent outlets, so it is not possible to be applicants already are meeting the wherever fuel is flowing (during certain that adverse effects will not ‘‘more stringent’’ JAR requirements by refueling, for example), and precautions occur if fluid is discharged. However, complying with §§ 25.969 and are needed to dissipate that charge. depending on the type of augmentation § 25.1013(b)(2). Failure to do so could result in adverse fluid used, the adverse effects could Further, compliance with the JAR effects such as uncontrolled sparking include fire, corrosion, and freezing of 25.945(b)(5) requirement rarely involves and arcing.
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What Are the Current 14 CFR and JAR applied to require bonding of pressure What Are the Current 14 CFR and JAR Standards? refueling connections. As stated Standards? The current text of 14 CFR 25.973(d) previously, although the FAA standard The current text of 14 CFR 25.1181(b) [amendment 25–72 (55 FR 29785, July includes the exception, we have applied [amendment 25–72, (55 FR 29785, July 20, 1990)] is: the standard assuming that pressure 20, 1990)] is: fueling connection points naturally Section 25.973 Fuel tank filler provide adequate bonding because there Section 25.1181 Designated fire zones; connection. is always a metallic connection between regions included. Each fuel tank filler connection must the aircraft fueling receptacle and the * * * * * prevent the entrance of fuel into any end of the refueling hose. (b) Each designated fire zone must meet part of the airplane other than the tank the requirements of §§ 25.867 and 25.1185 itself. In addition— What Is the Proposed Action? through 25.1203. * * * * * We propose to adopt the ‘‘more The current text of JAR 25.1181(b) (d) Each fuel filling point, except pressure (Change 15, amendment 25/96/1) is: fueling connection points, must have a stringent’’ requirements of the JAR by provision for electrically bonding the deleting the words ‘‘except pressure JAR 25.1181 Designated fire zones: airplane to ground fueling equipment. fueling connection points’’ from regions included (See ACJ 25.1181.) The current text of JAR 25.973(d) (Change § 25.973(d). The requirements of the * * * * * 15, amendment 25/ 96/1) is: amended section would pertain to all (b) Each designated fire zone must meet JAR 25.973 Fuel tank filler connection fuel filling points. This change would the requirements of JAR 25.867, 25.869, and Each fuel tank filler connection must 25.1185 to 25.1203. prevent the entrance of fuel into any part of make the part 25 and JAR–25 standards the aeroplane other than the tank itself. In identical. What Are the Differences in the addition- How Does This Proposed Standard Standards and What Do Those * * * * * Address the Underlying Safety Issue? Differences Result In? (d) Each fuel filling point must have a The requirements of § 25.1181(b) and provision for electrically bonding the The proposed standard would aeroplane to ground fueling equipment. JAR 25.1181(b) are essentially identical: continue to address the original Both standards require that each What Are the Differences in the underlying safety issue. The new designated fire zone must meet the Standards and What Do Those § 25.973(d) would control the identified requirements of sections 25.867 (‘‘Fire Differences Result In? adverse effects in the same way as the protection: other components’’), 25.1185 Currently, § 25.973(d) requires that current JAR 25.973(d) requirement. (‘‘Flammable fluids’’), and 25.1203 (‘‘Fire detector system’’). However, JAR each fuel filling point—except the What Is the Effect of the Proposed 25.1181(b) contains an additional pressure fueling connection points— Standard Relative to the Current reference to 25.869 (‘‘Fire protection: must have a provision for electrically Regulations? bonding the airplane to ground fueling systems’’). equipment. We have traditionally The proposed standard would Amendment 25–72 of part 25 assumed that, whenever pressure maintain, and may increase, the level of introduced § 25.869 that, among other refueling equipment is used, there is safety currently provided by part 25. things, cross-referenced a number of always a metallic connection between Subpart E regulations related to systems the aircraft fueling receptacle and the What Is the Effect of the Proposed situated in a Designated Fire Zone. end of the refueling hose; this creates Standard Relative to Current Industry However, there was no revision to any the electrical bonding that the standard Practice? of the cross-referenced regulations in requires. Thus, we included the Subpart E (such as § 25.1181) to Industry practice has been based upon reference the new § 25.869. exception in this section because the existing JAR–25 requirement. pressure fueling connection points are When JAR–25 was revised at Change Currently, U.S. manufacturers are either 14, it included the equivalent new JAR considered to inherently provide already complying, or fully intend to adequate bonding. 25.869 requirement. In that action, JAR comply, with the ‘‘more stringent’’ JAR The parallel JAR 25.973(d) does not 25.1181(b) (in Subpart E) also was make such an exception; it requires all requirements in order to sell their revised to add a reference to the new fuel filling points to have a provision for airplanes in Europe. Future certificated JAR 25.869. electrically bonding the airplane to airplanes also are expected to meet the existing JAR requirements, and this What, if Any, Are the Differences in the ground fueling equipment. On airplanes Means of Compliance? with pressure refueling connection proposed rule would simply adopt those points, this requirement can be met if same requirements. There are no differences in the means of compliance with the two parallel the aircraft refueling receptacle is Change 3: § 25.1181, Designated Fire standards. The only differences in the bonded to the airframe. Zones Because the JAR standard does not standards are the cross-references each provide for an exception, it can be What Is the Underlying Safety Issue contains to other related standards. The considered ‘‘more stringent.’’ In Addressed by the Current Standards? cross-references in this section are actuality, however, both standards meant only to draw the applicant’s ensure that the pressure fueling Section 25.1181 of both part 25 and attention to the fact that there are some connection points provide adequate JAR–25 defines which regions of the associated fire protection requirements bonding. airplane are ‘‘Designated Fire Zones.’’ to consider that are located elsewhere in Paragraph (b) of that section defines a the standards. Regardless of whether the What, if Any, Are the Differences in the set of requirements that each Designated cross-references are contained in Means of Compliance? Fire Zone must meet so that the § 25.1181, applicants will have to In current practice, both the part 25 required level of powerplant fire consider the requirements of the cross- and the JAR standards have been protection can be achieved. referenced standards in any case when
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designing powerplant fire protection reference will enable applicants to annunciation, as presented in § 25.1305, systems. clearly understand and comply with the differ as follows: standard. What Is the Proposed Action? 1. Paragraph (a)(7): This requirement specifies the need for a flight deck Section 25.1181(b) would be revised Change 4: § 25.1305, Powerplant by adding an additional reference to Instruments warning of engine fire conditions. • § 25.869. Besides achieving What Is the Underlying Safety Issue The part 25 standard requires harmonization between the two sets of Addressed by the Current Standards? ‘‘[engine] fire warning indicators’’ standards, this change to § 25.1181(b) (which implies a visual means), but The current standards specify the will clarify to applicants showing does not specifically require an audible need for a indication on the flight deck compliance with the powerplant fire to alert the flightcrew as to engine fire warning. protection requirements of part 25, conditions and the position of the thrust • The JAR–25 standard specifies that Subpart E, that there are some reverser. the engine fire warning devices must associated fire protection requirements provide both a visual and an audible What Are the Current 14 CFR and JAR in § 25.869. warning. A warning that has both visual In addition, we propose to add Standards? and audible aspects can be assumed to references to § 25.863 (‘‘Flammable fluid The current texts of 14 CFR fire protection’’) and to § 25.865 (‘‘Fire have enhanced ‘‘attention getting’’ 25.1305(a)(7) and (d)(2) [amendment capability. protection of flight controls, engine 25–72 (55 FR 29785, July 20, 1990)] are: mounts, and other flight structure’’) in 2. Paragraph (d)(2): This requirement § 25.1181(b). (The JAA plans to take Section 25.1305 Powerplant specifies the need for a flight deck similar action.) These additional instruments. indication of the position of the thrust references will document the The following are required powerplant reverser. applicability of these two sections to fire instruments: • Both the part 25 and JAR–25 zone standards. (This action is related to (a) For all airplanes. standards require an indication of when a separate harmonization project *** the thrust reverser is deployed. (7) Fire-warning indicators. concerning flammable fluid fire • protection.) * * * * * The JAR–25 standard also requires There is no legal standard concerning (d) For turbojet engine powered airplanes. an indication of when the thrust the use of ‘‘cross-references’’ in In addition to the powerplant instruments reverser is not in its selected position regulations. Even though one regulation required by paragraphs (a) and (c) of this (for example, when the reverser has may not contain a cross-reference to a section, the following powerplant been commanded to deploy, but instruments are required: remains stowed). second pertinent regulation, affected *** applicants are still expected to comply (2) A position indicating means to indicate In both paragraph (a)(7) and (d)(2), the with both regulations as appropriate. In to the flightcrew when the thrust reversing JAR standard is considered the ‘‘more the case of this proposed change, device is in the reverse thrust position, for stringent’’ because it requires additional applicants already have to consider the each engine using a thrust reversing device. means to address the safety issue. requirements of §§ 25.863, 25.865, and * * * * * 25.869 in any case when designing The current texts of JAR 25.1305(a)(7) What, if Any, Are the Differences in the powerplant fire protection systems. and (d)(2) (Change 15, amendment 25/ Means of Compliance? How Does This Proposed Standard 96/1) are: Complying with the JAR standard Address the Underlying Safety Issue? JAR 25.1305 Powerplant instruments requires that applicants design flight The following are required powerplant The proposed standard would deck systems with means to provide instruments: additional indications to the flightcrew. continue to address the safety issue and (a) For all aeroplanes to maintain the current level of safety. *** Currently, U.S. manufacturers must It also would provide a more complete (7) Fire-warning devices that provide visual comply with these ‘‘more stringent’’ JAR cross-referencing to other related rules. and audible warning. requirements if they intend to sell their airplanes in Europe. Future certificated What Is the Effect of the Proposed * * * * * (d) For turbo-jet engine-powered airplanes also are expected to meet the Standard Relative to the Current aeroplanes. In addition to the powerplant existing JAR requirements. Regulations? instruments required by sub-paragraphs (a) The basic effect of the proposed and (c) of this paragraph, the following What Is the Proposed Action? powerplant instruments are required: changes to § 25.1181(b) is editorial—it We recognize the higher level of merely provides a more complete cross- *** (2) A means to indicate to the flight crew safety provided by the JAR regulations referencing of applicable standards. As when the thrust reversing device— and propose to revise § 25.1305 to adopt stated previously, in actual practice, (i) Is not in the selected position, and the more stringent requirements of JAR applicants already consider the (ii) Is in the reverse thrust position, for 25.1305(a)(7) and (d)(2). requirements of all of the cross- each engine using a thrust reversing device. referenced sections in any case when How Does This Proposed Standard What Are the Differences in the designing powerplant fire protection Address the Underlying Safety Issue? Standards and What Do Those systems. Differences Result In? The proposed standard would What Is the Effect of the Proposed Both the FAA and JAA identify the continue to address the safety issue by Standard Relative to Current Industry need for positive annunciation directing ensuring that the flightcrew would be Practice? the flightcrew’s attention both to engine provided with additional indications to If the proposed standard is adopted, fire conditions and to thrust reverser enhance their awareness of the there would be no change to industry positioning. However, the part 25 and condition of the engines and thrust practice. However, the accurate cross- JAR–25 requirements for such reversers.
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What Is the Effect of the Proposed is anticipated that there will be minimal FAA has determined that the expected Standard Relative to the Current impact to the industry if the proposed impact of this proposed rule is so Regulations? changes are adopted. minimal that the proposed rule does not warrant a full evaluation. The FAA The proposed standard would Is Existing FAA Advisory Material provides the basis for this minimal maintain, and may increase, the level of Adequate? safety currently provided by part 25. impact determination as follows: We do not consider that advisory Currently, airplane manufacturers What Is the Effect of the Proposed material is necessary for any of the must satisfy both part 25 and the Standard Relative to Current Industry changes proposed. European JAR–25 standards to Practice? certificate transport category aircraft in What Regulatory Analyses and both the United States and Europe. Industry practice has been based upon Assessments Has the FAA Conducted? the existing JAR–25 requirement. Meeting two sets of certification Currently, U.S. manufacturers must Regulatory Evaluation Summary requirements raises the cost of comply with the ‘‘more stringent’’ Proposed changes to Federal developing a new transport category airplane often with no increase in requirements of JAR 25.1305 if they regulations must undergo several safety. In the interest of fostering intend to sell their airplanes in Europe. economic analyses. First, Executive international trade, lowering the cost of Future certificated airplanes also are Order 12866 directs that each Federal aircraft development, and making the expected to meet the existing JAR agency shall propose or adopt a certification process more efficient, the requirements, and this proposed rule regulation only upon a reasoned FAA, JAA, and aircraft manufacturers would simply adopt those same determination that the benefits of the have been working to create, to the requirements. intended regulation justify its costs. maximum possible extent, a single set of Second, the Regulatory Flexibility Act General Information About the certification requirements accepted in of 1980 requires agencies to analyze the Proposal both the United States and Europe. As economic effect of regulatory changes explained in detail previously, these What Other Options Have Been on small entities. Third, the Trade efforts are referred to as Considered and Why Were They Not Agreements Act (19 U.S.C. section ‘‘harmonization.’’ Selected? 2531–2533) prohibits agencies from This proposal would revise §§ 25.945, We considered two alternatives to this setting standards that create 25.973, 25.1181 and 25.1305 of 14 CFR proposal: unnecessary obstacles to the foreign to incorporate the ‘‘more stringent’’ 1. No change to the existing commerce of the United States. In requirements currently in those same standards. We did not select this option developing U.S. standards, this Trade sections of JAR–25. This proposed rule because it would mean that the Act also requires the consideration of results from the FAA’s acceptance of standards would continue to be international standards and, where recommendations made by ARAC. We ‘‘unharmonized’’ and manufacturers appropriate, that they be the basis of have concluded that, for the reasons would have to continue to meet two U.S. standards. And fourth, the previously discussed in the preamble, different sets of standards when Unfunded Mandates Reform Act of 1995 the adoption of the proposed certificating their airplanes. requires agencies to prepare a written requirements in 14 CFR part 25 is the 2. The JAA could unilaterally adopt assessment of the costs, benefits, and most efficient way to harmonize these the standards of part 25. We did not other effects of proposed or final rules sections and in so doing, the existing seriously consider this option because, that include a Federal mandate likely to level of safety will be preserved. where the part 25 standards are ‘‘less result in the expenditure by State, local, There was consensus within the stringent,’’ this could potentially mean or tribal governments, in the aggregate, ARAC members, comprised of adopting a lower level of safety. or by the private sector of $100 million representatives of the affected industry, We consider the proposal, as or more annually (adjusted for that the requirements of the proposed contained in this notice, to be the most inflation). rule will not impose additional costs on appropriate method to: The FAA has determined that this U.S. manufacturers of part 25 airplanes. • Ensure that the highest level of proposal has no substantial costs, and We have reviewed the cost analysis safety is achieved, and that it is not ‘‘a significant regulatory provided by industry through the ARAC • Fulfill the objectives of action’’ as defined in Executive Order process. A copy is available through the harmonizing the U.S. and European 12866, nor ‘‘significant’’ as defined in public docket. Based on this analysis, standards. DOT’s Regulatory Policies and we consider that a full regulatory Procedures. Further, this proposed rule evaluation is not necessary. Who Would Be Affected by the Proposed would not have a significant economic Changes? We invite comments with supporting impact on a substantial number of small documentation regarding the regulatory Applicants for new, amended, or entities, would reduce barriers to evaluation statements based on ARAC’s supplemental type certificates (which international trade, and would not proposal. typically include manufacturers and impose an Unfunded Mandate on state, modifiers) who have not previously local, or tribal governments, or on the Initial Regulatory Flexibility applied for JAA certification would private sector. Determination potentially be affected by the proposed The DOT Order 2100.5 prescribes The Regulatory Flexibility Act (RFA) amendment. However, as stated policies and procedures for of 1980, 50 U.S.C. 601–612, as amended, throughout this preamble, the aviation simplification, analysis, and review of establishes ‘‘as a principle of regulatory industry is either already complying, or regulations. If it is determined that the issuance that agencies shall endeavor, fully intends to comply, with the more expected impact is so minimal that the consistent with the objective of the rule stringent standards as a means of proposed rule does not warrant a full and of applicable statutes, to fit obtaining joint FAA/JAA certification. evaluation, a statement to that effect and regulatory and informational Industry practice has been based upon the basis for it is included in the requirements to the scale of the the existing JAR–25 requirement and it proposed regulation. Accordingly, the business, organizations, and
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governmental jurisdictions subject to objectives, such as safety, are not and other information collection regulation.’’ To achieve that principle, considered unnecessary obstacles. The burdens imposed on the public. We the RFA requires agencies to solicit and statute also requires consideration of have determined that there are no new consider flexible regulatory proposals international standards and, where information collection requirements and to explain the rationale for their appropriate, that they be the basis for associated with this proposed rule. actions. U.S. standards. In addition, consistent International Compatibility Agencies must perform a review to with the Administration’s belief in the determine whether a proposed or final general superiority and desirability of In keeping with U.S. obligations rule will have a significant impact on a free trade, it is the policy of the under the Convention on International substantial number of small entities. If Administration to remove or diminish Civil Aviation, it is FAA policy to the determination is that the rule will, to the extent feasible, barriers to comply with International Civil the Agency must prepare a regulatory international trade, including both Aviation Organization (ICAO) Standards flexibility analysis as described in the barriers affecting the export of American and Recommended Practices to the RFA. goods and services to foreign countries maximum extent practicable. The FAA However, if an agency determines that and barriers affecting the import of determined that there are no ICAO a proposed or final rule is not expected foreign goods and services into the Standards and Recommended Practices to have a significant economic impact United States. that correspond to this proposed on a substantial number of small In accordance with the above statute regulation. entities, section 605(b) of the RFA and policy, the FAA has assessed the Environmental Analysis provides that the head of the agency potential effect of the proposed rule and may so certify and a regulatory has determined that it supports the FAA Order 1050.1D defines FAA flexibility analysis is not required. The Administration’s free trade policy actions that may be categorically certification must include a statement because this rule would use European excluded from preparation of a National providing the factual basis for this international standards as the basis for Environmental Policy Act (NEPA) determination, and the reasoning should U.S. standards. environmental impact statement. In be clear. accordance with FAA Order 1050.1D, The FAA considers that this proposed Unfunded Mandates Reform Act appendix 4, paragraph 4(j), this rule would not have a significant impact Title II of the Unfunded Mandates proposed rulemaking action qualifies for on a substantial number of small entities Reform Act of 1995 (the Act), codified a categorical exclusion. for two reasons: in 2 U.S.C. 1532–1538, enacted as Energy Impact First, the net effect of the proposed Public Law 104–4 on March 22, 1995, rule is minimum regulatory cost relief. requires each Federal agency, to the The energy impact of the proposed The proposed rule would require that extent permitted by law, to prepare a rule has been assessed in accordance new transport category aircraft written assessment of the effects of any with the Energy Policy and manufacturers meet just one Federal mandate in a proposed or final Conservation Act (EPCA) and Public certification requirement, rather than agency rule that may result in the Law 94–163, as amended (43 U.S.C. different standards for the United States expenditure by State, local, and tribal 6362), and FAA Order 1053.1. It has and Europe. Airplane manufacturers governments, in the aggregate, or by the been determined that it is not a major already meet or expect to meet this private sector, of $100 million or more regulatory action under the provisions standard as well as the existing 14 CFR (adjusted annually for inflation) in any of the EPCA. part 25 requirement. one year. Regulations Affecting Intrastate Second, all U.S. transport-aircraft This proposed rule does not contain Aviation in Alaska category manufacturers exceed the a Federal intergovernmental or private Section 1205 of the FAA Small Business Administration small- sector mandate that exceeds $100 Reauthorization Act of 1996 (110 Stat. entity criteria of 1,500 employees for million in any year; therefore, the 3213) requires the Administrator, when aircraft manufacturers. The current U.S. requirements of the Act do not apply. part 25 airplane manufacturers include: modifying regulations in Title 14 of the Boeing, Cessna Aircraft, Gulfstream What Other Assessments Has the FAA CFR in a manner affecting intrastate Aerospace, Learjet (owned by Conducted? aviation in Alaska, to consider the extent to which Alaska is not served by Bombardier), Lockheed Martin, Executive Order 13132, Federalism McDonnell Douglas (a wholly-owned transportation modes other than subsidiary of The Boeing Company), The FAA has analyzed this proposed aviation, and to establish such Raytheon Aircraft, and Sabreliner rule and the principles and criteria of regulatory distinctions as he or she Corporation. Executive Order 13132, Federalism. We considers appropriate. Because this Given that this proposed rule is have determined that this action would proposed rule would apply to the minimally cost-relieving and that there not have a substantial direct effect on certification of future designs of are no small entity manufacturers of the States, on the relationship between transport category airplanes and their part 25 airplanes, the FAA certifies that the national Government and the States, subsequent operation, it could, if this proposed rule would not have a or on the distribution of power and adopted, affect intrastate aviation in significant impact on a substantial responsibilities among the various Alaska. We therefore specifically number of small entities. levels of government. Therefore, we request comments on whether there is have determined that this notice of justification for applying the proposed International Trade Impact Assessment proposed rulemaking would not have rule differently to intrastate operations The Trade Agreement Act of 1979 federalism implications. in Alaska. prohibits Federal agencies from engaging in any standards or related Paperwork Reduction Act Plain Language activities that create unnecessary The Paperwork Reduction Act of 1995 In response to the June 1, 1998, obstacles to the foreign commerce of the (44 U.S.C. 3507(d)) requires that the Presidential memorandum regarding the United States. Legitimate domestic FAA consider the impact of paperwork issue of plain language, the FAA re-
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examined the writing style currently 2. Add a new paragraph (b)(5) to (b) Each designated fire zone must used in the development of regulations. § 25.945 to read as follows: meet the requirements of §§ 25.863, The memorandum requires Federal 25.865, 25.867, 25.869, and 25.1185 agencies to communicate clearly with § 25.945 Thrust or power augmentation through 25.1203. system. the public. We are interested in your 5. Republish the introductory text and comments on whether the style of this * * * * * revise paragraphs (a)(7) and (d)(2) of document is clear, and in any other (b) * * * § 25.1305 to read as follows: suggestions you might have to improve (5) Each tank must have an expansion the clarity of FAA communications that space of not less than 2% of the tank § 25.1305 Powerplant instruments affect you. You can get more capacity. It must be impossible to fill The following are required information about the Presidential the expansion space inadvertently with powerplant instruments: memorandum and the plain language the airplane in the normal ground (a) * * * attitude. initiative at http:// (7) Fire-warning devices that provide www.plainlanguage.gov. * * * * * visual and audible warning. 3. Republish the introductory text and List of Subjects in 14 CFR Part 25 revise paragraph (d) of § 25.973 to read * * * * * (d) * * * Aircraft, Aviation safety, Reporting as follows: and recordkeeping requirements. (2) A position indicating means to § 25.973 Fuel tank filler connection. indicate to the flight crew when the The Proposed Amendment Each fuel tank filler connection must thrust reversing device— In consideration of the foregoing, the prevent the entrance of fuel into any (i) Is not in the selected position, and Federal Aviation Administration part of the airplane other than the tank (ii) Is in the reverse thrust position, proposes to amend part 25 of Title 14, itself. In addition— for each engine using a thrust reversing Code of Federal Regulations, as follows: * * * * * device. (d) Each fuel filling point must have * * * * * PART 25—AIRWORTHINESS a provision for electrically bonding the STANDARDS: TRANSPORT Issued in Renton, Washington, on airplane to ground fueling equipment. December 18, 2001. CATEGORY AIRPLANES 4. Revise paragraph (b) of § 25.1181 to Vi Lipski, read as follows: 1. The authority citation for part 25 Manager, Transport Airplane Directorate, continues to read as follows: § 25.1181 Designated fire zones; regions Aircraft Certification Service. Authority: 49 U.S.C. 106(g), 40113, 44701, included. [FR Doc. 02–1002 Filed 1–30–02; 8:45 am] 44702 and 44704. * * * * * BILLING CODE 4910–13–U
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Part V
Department of Transportation Federal Aviation Administration
14 CFR Part 25 Revisions to Various Powerplant Installation Requirements for Transport Category Airplanes; Proposed Rule
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DEPARTMENT OF TRANSPORTATION Mechanical Systems Branch, ANM–112, identify the docket number of this Transport Airplane Directorate, Aircraft NPRM. Federal Aviation Administration Certification Service, FAA, 1601 Lind What Are the Relevant Airworthiness Avenue SW., Renton, WA 98055–4056; Standards in the United States? 14 CFR Part 25 telephone (425) 227–2133; fax (425) [Docket No. FAA–2002–11272; Notice No. 227–1320, e-mail [email protected]. In the United States, the airworthiness 02–02] SUPPLEMENTARY INFORMATION: standards for type certification of transport category airplanes are RIN 2120–AH37 How Do I Submit Comments to This contained in Title 14, Code of Federal NPRM? Revisions to Various Powerplant Regulations (CFR) part 25. Interested persons are invited to Manufacturers of transport category Installation Requirements for participate in the making of the Transport Category Airplanes airplanes must show that each airplane proposed action by submitting such they produce of a different type design AGENCY: Federal Aviation written data, views, or arguments, as complies with the appropriate part 25 Administration (FAA), DOT. they may desire. Comments relating to standards. These standards apply to: ACTION: Notice of proposed rulemaking. the environmental, energy, federalism, • Airplanes manufactured within the or economic impact that might result U.S. for use by U.S.-registered operators, SUMMARY: The Federal Aviation from adopting the proposals in this and Administration proposes to amend the document are also invited. Substantive • Airplanes manufactured in other airworthiness standards for transport comments should be accompanied by countries and imported to the U.S. category airplanes concerning cost estimates. Comments must identify under a bilateral airworthiness powerplant installations. Specifically, the regulatory docket number and be agreement. the proposed rule would affect the submitted in duplicate to the DOT Rules standards applicable to thrust or power Docket address specified above. What Are the Relevant Airworthiness augmentation systems; fuel filling All comments received, as well as a Standards in Europe? report summarizing each substantive points; designated fire zones; and In Europe, the airworthiness public contact with FAA personnel powerplant instruments. Adopting this standards for type certification of concerning this proposed rulemaking, proposal would eliminate regulatory transport category airplanes are will be filed in the docket. The docket differences between the airworthiness contained in Joint Aviation is available for public inspection before standards of the U.S. and the Joint Requirements (JAR)–25, which are Aviation Requirements of Europe, and after the comment closing date. We will consider all comments based on part 25. These were developed without affecting current industry by the Joint Aviation Authorities (JAA) design practices. received on or before the closing date before taking action on this proposed of Europe to provide a common set of DATES: Send your comments on or airworthiness standards within the before April 1, 2002. rulemaking. Comments filed late will be considered as far as possible without European aviation community. Twenty- ADDRESSES: Address your comments to incurring expense or delay. The three European countries accept Dockets Management System, U.S. proposals in this document may be airplanes type certificated to the JAR–25 Department of Transportation Dockets, changed in light of the comments standards, including airplanes Room Plaza 401, 400 Seventh Street received. manufactured in the U.S. that are type SW., Washington, DC 20590–0001. You certificated to JAR–25 standards for must identify the docket number FAA– How Can I Obtain a Copy of This export to Europe. 2002–11272 at the beginning of your NPRM? What Is ‘‘Harmonization’’ and How Did comments, and you should submit two You may download an electronic It Start? copies of your comments. If you wish to copy of this document using a modem receive confirmation that the FAA has and suitable communications software Although part 25 and JAR–25 are very received your comments, please include from the FAA regulations section of the similar, they are not identical in every a self-addressed, stamped postcard on Fedworld electronic bulletin board respect. When airplanes are type which the following statement is made: service (telephone: 703–321–3339); the certificated to both sets of standards, the ‘‘Comments to Docket No. FAA–2002– Government Printing Office (GPO)’s differences between part 25 and JAR–25 11272.’’ We will date-stamp the electronic bulletin board service can result in substantial additional costs postcard and mail it back to you. (telephone: 202–512–1661); or, if to manufacturers and operators. These You also may submit comments applicable, the FAA’s Aviation additional costs, however, frequently do electronically to the following Internet Rulemaking Advisory Committee not bring about an increase in safety. In address: http://dms.dot.gov. bulletin board service (telephone: 800– many cases, part 25 and JAR–25 may You may review the public docket 322–2722 or 202–267–5948). contain different requirements to containing comments to this proposed Internet users may access recently accomplish the same safety intent. regulation at the Department of published rulemaking documents at the Consequently, manufacturers are Transportation (DOT) Dockets Office, FAA’s web page at http://www.faa.gov/ usually burdened with meeting the located on the plaza level of the Nassif avr/arm/nprm/nprm.htm or the GPO’s requirements of both sets of standards, Building at the above address. You may web page at http://www.access.gpo.gov/ although the level of safety is not review the public docket in person at nara. increased correspondingly. that address between 9:00 a.m. and 5:00 You may obtain a copy of this Recognizing that a common set of p.m., Monday through Friday, except document by submitting a request to the standards would not only benefit the Federal holidays. Also, you may review Federal Aviation Administration, Office aviation industry economically, but also the public dockets on the Internet at of Rulemaking, ARM–1, 800 maintain the necessary high level of http://dms.dot.gov. Independence Avenue, SW., safety, the FAA and the JAA began an FOR FURTHER INFORMATION CONTACT: Washington, DC 20591; or by calling effort in 1988 to ‘‘harmonize’’ their Michael McRae, Propulsion/and 202–267–9680. Communications must respective aviation standards. The goal
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of the harmonization effort is to ensure FAA solicits participation in working 66522). This program involves grouping that: groups from interested members of the all of the standards needing • Where possible, standards do not public who possess knowledge or harmonization into three categories: require domestic and foreign parties to experience in the task areas. Working Category 1: Envelope—For these manufacture or operate to different groups report directly to the ARAC, and standards, parallel part 25 and JAR–25 standards for each country involved; the ARAC must accept a working group standards would be compared, and and proposal before ARAC presents the harmonization would be reached by • The standards adopted are mutually proposal to the FAA as an advisory accepting the more stringent of the two acceptable to the FAA and the foreign committee recommendation. standards. Thus, the more stringent aviation authorities. The activities of the ARAC will not, requirement of one standard would be The FAA and JAA have identified a however, circumvent the public ‘‘enveloped’’ into the other standard. In number of significant regulatory rulemaking procedures; nor is the FAA some cases, it may be necessary to differences (SRD) between the wording limited to the rule language incorporate parts of both the part 25 and of part 25 and JAR–25. Both the FAA ‘‘recommended’’ by ARAC. If the FAA JAR standard to achieve the final, more and the JAA consider ‘‘harmonization’’ accepts an ARAC recommendation, the stringent standard. (This may of the two sets of standards a high agency proceeds with the normal public necessitate that each authority revises priority. rulemaking procedures. Any ARAC its current standard to incorporate more What Is ARAC and What Role Does It participation in a rulemaking package is stringent provisions of the other.) Play in Harmonization? fully disclosed in the public docket. Category 2: Completed or near complete—For these standards, ARAC After initiating the first steps towards What Is the Status of the Harmonization Effort Today? has reached, or has nearly reached, harmonization, the FAA and JAA soon technical agreement or consensus on the realized that traditional methods of Despite the work that ARAC has new wording of the proposed rulemaking and accommodating undertaken to address harmonization, harmonized standards. different administrative procedures was there remain a large number of Category 3: Harmonize—For these neither sufficient nor adequate to make regulatory differences between part 25 standards, ARAC is not near technical appreciable progress towards fulfilling and JAR–25. The current harmonization agreement on harmonization, and the the goal of harmonization. The FAA process is extremely costly and time- parallel part 25 and JAR–25 standards then identified the Aviation Rulemaking consuming for industry, the FAA, and cannot be ‘‘enveloped’’ (as described Advisory Committee (ARAC) as an ideal the JAA. Industry has expressed a strong under Category 1) for reasons of safety vehicle for assisting in resolving desire to conclude the harmonization or unacceptability. A standard harmonization issues, and, in 1992, the program as quickly as possible to developed under Category 3 would be FAA tasked ARAC to undertake the alleviate the drain on their resources mutually acceptable to the FAA and entire harmonization effort. and to finally establish one acceptable JAA, with a consistent means of The FAA had formally established set of standards. compliance. ARAC in 1991 (56 FR 2190, January 22, Recently, representatives of the Further details on the Fast Track 1991), to provide advice and aviation industry [including Aerospace Program can be found in the tasking recommendations concerning the full Industries Association of America, Inc. statement (64 FR 66522, November 26, range of the FAA’s safety-related (AIA), General Aviation Manufacturers 1999) and the first NPRM published rulemaking activity. The FAA sought Association (GAMA), and European under this program, Fire Protection this advice to develop better rules in Association of Aerospace Industries Requirements for Powerplant less overall time and using fewer FAA (AECMA)] proposed an accelerated Installations on Transport Category resources than previously needed. The process to reach harmonization. Airplanes (65 FR 36978, June 12, 2000). committee provides the FAA firsthand Under this program, the FAA information and insight from interested What Is the ‘‘Fast Track Harmonization provides ARAC with an opportunity to parties regarding potential new rules or Program’’? review, discuss, and comment on the revisions of existing rules. In light of a general agreement among FAA’s draft NPRM. In the case of this There are 64 member organizations on the affected industries and authorities to rulemaking, however, ARAC did not the committee, representing a wide expedite the harmonization program, request the opportunity to review the range of interests within the aviation the FAA and JAA in March 1999 agreed draft prior to publication. community. Meetings of the committee upon a method to achieve these goals. are open to the public, except as This method, which the FAA has titled Discussion of the Proposal authorized by section 10(d) of the ‘‘The Fast Track Harmonization How Does This Proposed Regulation Federal Advisory Committee Act. Program,’’ is aimed at expediting the Relate to ‘‘Fast Track’’? The ARAC establishes working groups rulemaking process for harmonizing not to develop recommendations for only the 42 standards that are currently This proposed regulation results from resolving specific airworthiness issues. tasked to ARAC for harmonization, but the recommendations of ARAC Tasks assigned to working groups are approximately 80 additional standards submitted under the FAA’s Fast Track published in the Federal Register. for part 25 airplanes. Harmonization Program. In this notice, Although working group meetings are The FAA initiated the Fast Track the FAA proposes to amend four not generally open to the public, the program on November 26, 1999 (64 FR sections of 14 CFR part 25, specifically:
Change # Section No. Section title
1 ...... § 25.945(b)(5) ...... Thrust or power augmentation system. 2 ...... § 25.973(d) ...... Fuel tank filler connection. 3 ...... § 25.1181(b) ...... Designated fire zones; regions included.
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Change # Section No. Section title
4 ...... § 25.1305(a)(7) and Powerplant instruments. (d)(2).
We have identified this proposed controls or equipment. The 2% much additional design or rulemaking project as a Category 1 expansion space ensures that the risk of manufacturing resources; in principle, it project under the criteria of the Fast discharge of commonly-used should be fairly simple to meet the Track Harmonization Program. Each of augmentation fluids (typically water, or design requirement of a tank that is 2% the proposed changes would adopt the a mix of water and methanol) is unlikely larger. Augmentation fluid tanks are ‘‘more stringent’’ requirements of the to occur during typical operation of the small in comparison to fuel tanks and it parallel JAR. airplane within its normal operating is unlikely that design constraints temperature envelope. would be encountered. How Is This Preamble Organized? What Is the Proposed Action? Each of the four proposed changes to What Are the Current 14 CFR and JAR the standards is discussed separately Standards? We propose to amend § 25.945 by below. Although the reader may find There currently is no paragraph (b)(5) incorporating the ‘‘more stringent’’ much of the information repetitious, we of § 25.945 in 14 CFR. requirements of the JAR in a new consider it important that the public be The current text of JAR 25.945(b)(5) paragraph (b)(5). The new paragraph provided the full explanation and (Change 15, amendment 25/ 96/1) is: would be identical (with some minor editorial differences) to the existing JAR reasoning behind each of the four JAR 25.945 Thrust or power proposed changes. augmentation system 25.945(b)(5). Change 1: § 25.945, Thrust or Power * * * * * How Does This Proposed Standard Augmentation System (b) Fluid tanks. Each augmentation system Address the Underlying Safety Issue? fluid tank must meet the following The proposed standard would What Is the Underlying Safety Issue requirements: Addressed by the Current Standards? *** continue to address the original (5) Each tank must have an expansion underlying safety issue. The new Currently, JAR 25.945 contains a space of not less than 2% of the tank § 25.945(b)(5) would control the paragraph, which requires that: identified adverse effects in the same • capacity. It must be impossible to fill the each augmentation system fluid expansion space inadvertently with the way as the current JAR–25 requirement. tank must have an expansion space of aeroplane in the normal ground attitude. not less than 2% of the tank capacity, What Is the Effect of the Proposed and What Are the Differences in the Standard Relative to the Current • it must be impossible to fill the Standards and What Do Those Regulations? expansion space inadvertently while the Differences Result In? The proposed standard would airplane is in the normal ground As explained above, the requirements maintain, and may increase, the level of attitude. of JAR 25.945(b)(5) for the 2% safety currently provided by part 25. These requirements are intended to expansion space ensure that the risk of What Is the Effect of the Proposed prevent the inadvertent discharge discharge of commonly-used Standard Relative to Current Industry overboard of thrust or power augmentation fluids is unlikely to occur Practice? augmentation fluids. during typical operation of the airplane The parallel part 25 section does not under typical operating temperatures. Industry practice has been based upon contain this standard. However, the Because JAR–25 contains this specific the existing JAR–25 requirement. requirements of JAR 25.945(b)(5) are requirement in section 25.945, but part Currently, U.S. manufacturers are either equivalent to those of § 25.969 (‘‘Fuel 25 does not, the JAR is considered already complying, or fully intend to tank expansion space’’) and ‘‘more stringent.’’ However, although comply, with the more stringent JAR § 25.1013(b)(2) (‘‘Oil tanks’’), which there is no equivalent standard requirements in order to sell their address preventing the inadvertent specifically in § 25.945, the requirement airplanes in Europe. Future certificated discharge overboard of fuel and engine is basically covered separately under airplanes also are expected to meet the oil, respectively. (The JAR contains other sections of part 25. existing JAR requirements, and this these same sections.) Both of those proposed rule would simply adopt those sections of part 25 require that there be What, if Any, Are the Differences in the same requirements. Means of Compliance? a 2% expansion space in the tank to Change 2: § 25.973, Fuel Tank Filler accommodate the likely volumetric Currently, U.S. manufacturers must Connection expansion of the fluid when the comply with the ‘‘more stringent’’ airplane is exposed to hot day requirements of JAR 25.945(b)(5) if they What Is the Underlying Safety Issue conditions, after the fluids are initially intend to sell their airplanes in Europe. Addressed by the Current Standards? replenished in cold conditions. Future certificated airplanes also are The current standards provide for a The current requirements of both part expected to meet the existing JAR means by which the build-up of 25 and JAR–25 do not specify the requirements. In actual practice, unwanted electrostatic charge can be location of any augmentation fluid tank however, U.S. manufacturers and other prevented. Static charge can build up vent outlets, so it is not possible to be applicants already are meeting the wherever fuel is flowing (during certain that adverse effects will not ‘‘more stringent’’ JAR requirements by refueling, for example), and precautions occur if fluid is discharged. However, complying with §§ 25.969 and are needed to dissipate that charge. depending on the type of augmentation § 25.1013(b)(2). Failure to do so could result in adverse fluid used, the adverse effects could Further, compliance with the JAR effects such as uncontrolled sparking include fire, corrosion, and freezing of 25.945(b)(5) requirement rarely involves and arcing.
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What Are the Current 14 CFR and JAR applied to require bonding of pressure What Are the Current 14 CFR and JAR Standards? refueling connections. As stated Standards? The current text of 14 CFR 25.973(d) previously, although the FAA standard The current text of 14 CFR 25.1181(b) [amendment 25–72 (55 FR 29785, July includes the exception, we have applied [amendment 25–72, (55 FR 29785, July 20, 1990)] is: the standard assuming that pressure 20, 1990)] is: fueling connection points naturally Section 25.973 Fuel tank filler provide adequate bonding because there Section 25.1181 Designated fire zones; connection. is always a metallic connection between regions included. Each fuel tank filler connection must the aircraft fueling receptacle and the * * * * * prevent the entrance of fuel into any end of the refueling hose. (b) Each designated fire zone must meet part of the airplane other than the tank the requirements of §§ 25.867 and 25.1185 itself. In addition— What Is the Proposed Action? through 25.1203. * * * * * We propose to adopt the ‘‘more The current text of JAR 25.1181(b) (d) Each fuel filling point, except pressure (Change 15, amendment 25/96/1) is: fueling connection points, must have a stringent’’ requirements of the JAR by provision for electrically bonding the deleting the words ‘‘except pressure JAR 25.1181 Designated fire zones: airplane to ground fueling equipment. fueling connection points’’ from regions included (See ACJ 25.1181.) The current text of JAR 25.973(d) (Change § 25.973(d). The requirements of the * * * * * 15, amendment 25/ 96/1) is: amended section would pertain to all (b) Each designated fire zone must meet JAR 25.973 Fuel tank filler connection fuel filling points. This change would the requirements of JAR 25.867, 25.869, and Each fuel tank filler connection must 25.1185 to 25.1203. prevent the entrance of fuel into any part of make the part 25 and JAR–25 standards the aeroplane other than the tank itself. In identical. What Are the Differences in the addition- How Does This Proposed Standard Standards and What Do Those * * * * * Address the Underlying Safety Issue? Differences Result In? (d) Each fuel filling point must have a The requirements of § 25.1181(b) and provision for electrically bonding the The proposed standard would aeroplane to ground fueling equipment. JAR 25.1181(b) are essentially identical: continue to address the original Both standards require that each What Are the Differences in the underlying safety issue. The new designated fire zone must meet the Standards and What Do Those § 25.973(d) would control the identified requirements of sections 25.867 (‘‘Fire Differences Result In? adverse effects in the same way as the protection: other components’’), 25.1185 Currently, § 25.973(d) requires that current JAR 25.973(d) requirement. (‘‘Flammable fluids’’), and 25.1203 (‘‘Fire detector system’’). However, JAR each fuel filling point—except the What Is the Effect of the Proposed 25.1181(b) contains an additional pressure fueling connection points— Standard Relative to the Current reference to 25.869 (‘‘Fire protection: must have a provision for electrically Regulations? bonding the airplane to ground fueling systems’’). equipment. We have traditionally The proposed standard would Amendment 25–72 of part 25 assumed that, whenever pressure maintain, and may increase, the level of introduced § 25.869 that, among other refueling equipment is used, there is safety currently provided by part 25. things, cross-referenced a number of always a metallic connection between Subpart E regulations related to systems the aircraft fueling receptacle and the What Is the Effect of the Proposed situated in a Designated Fire Zone. end of the refueling hose; this creates Standard Relative to Current Industry However, there was no revision to any the electrical bonding that the standard Practice? of the cross-referenced regulations in requires. Thus, we included the Subpart E (such as § 25.1181) to Industry practice has been based upon reference the new § 25.869. exception in this section because the existing JAR–25 requirement. pressure fueling connection points are When JAR–25 was revised at Change Currently, U.S. manufacturers are either 14, it included the equivalent new JAR considered to inherently provide already complying, or fully intend to adequate bonding. 25.869 requirement. In that action, JAR comply, with the ‘‘more stringent’’ JAR The parallel JAR 25.973(d) does not 25.1181(b) (in Subpart E) also was make such an exception; it requires all requirements in order to sell their revised to add a reference to the new fuel filling points to have a provision for airplanes in Europe. Future certificated JAR 25.869. electrically bonding the airplane to airplanes also are expected to meet the existing JAR requirements, and this What, if Any, Are the Differences in the ground fueling equipment. On airplanes Means of Compliance? with pressure refueling connection proposed rule would simply adopt those points, this requirement can be met if same requirements. There are no differences in the means of compliance with the two parallel the aircraft refueling receptacle is Change 3: § 25.1181, Designated Fire standards. The only differences in the bonded to the airframe. Zones Because the JAR standard does not standards are the cross-references each provide for an exception, it can be What Is the Underlying Safety Issue contains to other related standards. The considered ‘‘more stringent.’’ In Addressed by the Current Standards? cross-references in this section are actuality, however, both standards meant only to draw the applicant’s ensure that the pressure fueling Section 25.1181 of both part 25 and attention to the fact that there are some connection points provide adequate JAR–25 defines which regions of the associated fire protection requirements bonding. airplane are ‘‘Designated Fire Zones.’’ to consider that are located elsewhere in Paragraph (b) of that section defines a the standards. Regardless of whether the What, if Any, Are the Differences in the set of requirements that each Designated cross-references are contained in Means of Compliance? Fire Zone must meet so that the § 25.1181, applicants will have to In current practice, both the part 25 required level of powerplant fire consider the requirements of the cross- and the JAR standards have been protection can be achieved. referenced standards in any case when
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designing powerplant fire protection reference will enable applicants to annunciation, as presented in § 25.1305, systems. clearly understand and comply with the differ as follows: standard. What Is the Proposed Action? 1. Paragraph (a)(7): This requirement specifies the need for a flight deck Section 25.1181(b) would be revised Change 4: § 25.1305, Powerplant by adding an additional reference to Instruments warning of engine fire conditions. • § 25.869. Besides achieving What Is the Underlying Safety Issue The part 25 standard requires harmonization between the two sets of Addressed by the Current Standards? ‘‘[engine] fire warning indicators’’ standards, this change to § 25.1181(b) (which implies a visual means), but The current standards specify the will clarify to applicants showing does not specifically require an audible need for a indication on the flight deck compliance with the powerplant fire to alert the flightcrew as to engine fire warning. protection requirements of part 25, conditions and the position of the thrust • The JAR–25 standard specifies that Subpart E, that there are some reverser. the engine fire warning devices must associated fire protection requirements provide both a visual and an audible What Are the Current 14 CFR and JAR in § 25.869. warning. A warning that has both visual In addition, we propose to add Standards? and audible aspects can be assumed to references to § 25.863 (‘‘Flammable fluid The current texts of 14 CFR fire protection’’) and to § 25.865 (‘‘Fire have enhanced ‘‘attention getting’’ 25.1305(a)(7) and (d)(2) [amendment capability. protection of flight controls, engine 25–72 (55 FR 29785, July 20, 1990)] are: mounts, and other flight structure’’) in 2. Paragraph (d)(2): This requirement § 25.1181(b). (The JAA plans to take Section 25.1305 Powerplant specifies the need for a flight deck similar action.) These additional instruments. indication of the position of the thrust references will document the The following are required powerplant reverser. applicability of these two sections to fire instruments: • Both the part 25 and JAR–25 zone standards. (This action is related to (a) For all airplanes. standards require an indication of when a separate harmonization project *** the thrust reverser is deployed. (7) Fire-warning indicators. concerning flammable fluid fire • protection.) * * * * * The JAR–25 standard also requires There is no legal standard concerning (d) For turbojet engine powered airplanes. an indication of when the thrust the use of ‘‘cross-references’’ in In addition to the powerplant instruments reverser is not in its selected position regulations. Even though one regulation required by paragraphs (a) and (c) of this (for example, when the reverser has may not contain a cross-reference to a section, the following powerplant been commanded to deploy, but instruments are required: remains stowed). second pertinent regulation, affected *** applicants are still expected to comply (2) A position indicating means to indicate In both paragraph (a)(7) and (d)(2), the with both regulations as appropriate. In to the flightcrew when the thrust reversing JAR standard is considered the ‘‘more the case of this proposed change, device is in the reverse thrust position, for stringent’’ because it requires additional applicants already have to consider the each engine using a thrust reversing device. means to address the safety issue. requirements of §§ 25.863, 25.865, and * * * * * 25.869 in any case when designing The current texts of JAR 25.1305(a)(7) What, if Any, Are the Differences in the powerplant fire protection systems. and (d)(2) (Change 15, amendment 25/ Means of Compliance? How Does This Proposed Standard 96/1) are: Complying with the JAR standard Address the Underlying Safety Issue? JAR 25.1305 Powerplant instruments requires that applicants design flight The following are required powerplant The proposed standard would deck systems with means to provide instruments: additional indications to the flightcrew. continue to address the safety issue and (a) For all aeroplanes to maintain the current level of safety. *** Currently, U.S. manufacturers must It also would provide a more complete (7) Fire-warning devices that provide visual comply with these ‘‘more stringent’’ JAR cross-referencing to other related rules. and audible warning. requirements if they intend to sell their airplanes in Europe. Future certificated What Is the Effect of the Proposed * * * * * (d) For turbo-jet engine-powered airplanes also are expected to meet the Standard Relative to the Current aeroplanes. In addition to the powerplant existing JAR requirements. Regulations? instruments required by sub-paragraphs (a) The basic effect of the proposed and (c) of this paragraph, the following What Is the Proposed Action? powerplant instruments are required: changes to § 25.1181(b) is editorial—it We recognize the higher level of merely provides a more complete cross- *** (2) A means to indicate to the flight crew safety provided by the JAR regulations referencing of applicable standards. As when the thrust reversing device— and propose to revise § 25.1305 to adopt stated previously, in actual practice, (i) Is not in the selected position, and the more stringent requirements of JAR applicants already consider the (ii) Is in the reverse thrust position, for 25.1305(a)(7) and (d)(2). requirements of all of the cross- each engine using a thrust reversing device. referenced sections in any case when How Does This Proposed Standard What Are the Differences in the designing powerplant fire protection Address the Underlying Safety Issue? Standards and What Do Those systems. Differences Result In? The proposed standard would What Is the Effect of the Proposed Both the FAA and JAA identify the continue to address the safety issue by Standard Relative to Current Industry need for positive annunciation directing ensuring that the flightcrew would be Practice? the flightcrew’s attention both to engine provided with additional indications to If the proposed standard is adopted, fire conditions and to thrust reverser enhance their awareness of the there would be no change to industry positioning. However, the part 25 and condition of the engines and thrust practice. However, the accurate cross- JAR–25 requirements for such reversers.
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What Is the Effect of the Proposed is anticipated that there will be minimal FAA has determined that the expected Standard Relative to the Current impact to the industry if the proposed impact of this proposed rule is so Regulations? changes are adopted. minimal that the proposed rule does not warrant a full evaluation. The FAA The proposed standard would Is Existing FAA Advisory Material provides the basis for this minimal maintain, and may increase, the level of Adequate? safety currently provided by part 25. impact determination as follows: We do not consider that advisory Currently, airplane manufacturers What Is the Effect of the Proposed material is necessary for any of the must satisfy both part 25 and the Standard Relative to Current Industry changes proposed. European JAR–25 standards to Practice? certificate transport category aircraft in What Regulatory Analyses and both the United States and Europe. Industry practice has been based upon Assessments Has the FAA Conducted? the existing JAR–25 requirement. Meeting two sets of certification Currently, U.S. manufacturers must Regulatory Evaluation Summary requirements raises the cost of comply with the ‘‘more stringent’’ Proposed changes to Federal developing a new transport category airplane often with no increase in requirements of JAR 25.1305 if they regulations must undergo several safety. In the interest of fostering intend to sell their airplanes in Europe. economic analyses. First, Executive international trade, lowering the cost of Future certificated airplanes also are Order 12866 directs that each Federal aircraft development, and making the expected to meet the existing JAR agency shall propose or adopt a certification process more efficient, the requirements, and this proposed rule regulation only upon a reasoned FAA, JAA, and aircraft manufacturers would simply adopt those same determination that the benefits of the have been working to create, to the requirements. intended regulation justify its costs. maximum possible extent, a single set of Second, the Regulatory Flexibility Act General Information About the certification requirements accepted in of 1980 requires agencies to analyze the Proposal both the United States and Europe. As economic effect of regulatory changes explained in detail previously, these What Other Options Have Been on small entities. Third, the Trade efforts are referred to as Considered and Why Were They Not Agreements Act (19 U.S.C. section ‘‘harmonization.’’ Selected? 2531–2533) prohibits agencies from This proposal would revise §§ 25.945, We considered two alternatives to this setting standards that create 25.973, 25.1181 and 25.1305 of 14 CFR proposal: unnecessary obstacles to the foreign to incorporate the ‘‘more stringent’’ 1. No change to the existing commerce of the United States. In requirements currently in those same standards. We did not select this option developing U.S. standards, this Trade sections of JAR–25. This proposed rule because it would mean that the Act also requires the consideration of results from the FAA’s acceptance of standards would continue to be international standards and, where recommendations made by ARAC. We ‘‘unharmonized’’ and manufacturers appropriate, that they be the basis of have concluded that, for the reasons would have to continue to meet two U.S. standards. And fourth, the previously discussed in the preamble, different sets of standards when Unfunded Mandates Reform Act of 1995 the adoption of the proposed certificating their airplanes. requires agencies to prepare a written requirements in 14 CFR part 25 is the 2. The JAA could unilaterally adopt assessment of the costs, benefits, and most efficient way to harmonize these the standards of part 25. We did not other effects of proposed or final rules sections and in so doing, the existing seriously consider this option because, that include a Federal mandate likely to level of safety will be preserved. where the part 25 standards are ‘‘less result in the expenditure by State, local, There was consensus within the stringent,’’ this could potentially mean or tribal governments, in the aggregate, ARAC members, comprised of adopting a lower level of safety. or by the private sector of $100 million representatives of the affected industry, We consider the proposal, as or more annually (adjusted for that the requirements of the proposed contained in this notice, to be the most inflation). rule will not impose additional costs on appropriate method to: The FAA has determined that this U.S. manufacturers of part 25 airplanes. • Ensure that the highest level of proposal has no substantial costs, and We have reviewed the cost analysis safety is achieved, and that it is not ‘‘a significant regulatory provided by industry through the ARAC • Fulfill the objectives of action’’ as defined in Executive Order process. A copy is available through the harmonizing the U.S. and European 12866, nor ‘‘significant’’ as defined in public docket. Based on this analysis, standards. DOT’s Regulatory Policies and we consider that a full regulatory Procedures. Further, this proposed rule evaluation is not necessary. Who Would Be Affected by the Proposed would not have a significant economic Changes? We invite comments with supporting impact on a substantial number of small documentation regarding the regulatory Applicants for new, amended, or entities, would reduce barriers to evaluation statements based on ARAC’s supplemental type certificates (which international trade, and would not proposal. typically include manufacturers and impose an Unfunded Mandate on state, modifiers) who have not previously local, or tribal governments, or on the Initial Regulatory Flexibility applied for JAA certification would private sector. Determination potentially be affected by the proposed The DOT Order 2100.5 prescribes The Regulatory Flexibility Act (RFA) amendment. However, as stated policies and procedures for of 1980, 50 U.S.C. 601–612, as amended, throughout this preamble, the aviation simplification, analysis, and review of establishes ‘‘as a principle of regulatory industry is either already complying, or regulations. If it is determined that the issuance that agencies shall endeavor, fully intends to comply, with the more expected impact is so minimal that the consistent with the objective of the rule stringent standards as a means of proposed rule does not warrant a full and of applicable statutes, to fit obtaining joint FAA/JAA certification. evaluation, a statement to that effect and regulatory and informational Industry practice has been based upon the basis for it is included in the requirements to the scale of the the existing JAR–25 requirement and it proposed regulation. Accordingly, the business, organizations, and
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governmental jurisdictions subject to objectives, such as safety, are not and other information collection regulation.’’ To achieve that principle, considered unnecessary obstacles. The burdens imposed on the public. We the RFA requires agencies to solicit and statute also requires consideration of have determined that there are no new consider flexible regulatory proposals international standards and, where information collection requirements and to explain the rationale for their appropriate, that they be the basis for associated with this proposed rule. actions. U.S. standards. In addition, consistent International Compatibility Agencies must perform a review to with the Administration’s belief in the determine whether a proposed or final general superiority and desirability of In keeping with U.S. obligations rule will have a significant impact on a free trade, it is the policy of the under the Convention on International substantial number of small entities. If Administration to remove or diminish Civil Aviation, it is FAA policy to the determination is that the rule will, to the extent feasible, barriers to comply with International Civil the Agency must prepare a regulatory international trade, including both Aviation Organization (ICAO) Standards flexibility analysis as described in the barriers affecting the export of American and Recommended Practices to the RFA. goods and services to foreign countries maximum extent practicable. The FAA However, if an agency determines that and barriers affecting the import of determined that there are no ICAO a proposed or final rule is not expected foreign goods and services into the Standards and Recommended Practices to have a significant economic impact United States. that correspond to this proposed on a substantial number of small In accordance with the above statute regulation. entities, section 605(b) of the RFA and policy, the FAA has assessed the Environmental Analysis provides that the head of the agency potential effect of the proposed rule and may so certify and a regulatory has determined that it supports the FAA Order 1050.1D defines FAA flexibility analysis is not required. The Administration’s free trade policy actions that may be categorically certification must include a statement because this rule would use European excluded from preparation of a National providing the factual basis for this international standards as the basis for Environmental Policy Act (NEPA) determination, and the reasoning should U.S. standards. environmental impact statement. In be clear. accordance with FAA Order 1050.1D, The FAA considers that this proposed Unfunded Mandates Reform Act appendix 4, paragraph 4(j), this rule would not have a significant impact Title II of the Unfunded Mandates proposed rulemaking action qualifies for on a substantial number of small entities Reform Act of 1995 (the Act), codified a categorical exclusion. for two reasons: in 2 U.S.C. 1532–1538, enacted as Energy Impact First, the net effect of the proposed Public Law 104–4 on March 22, 1995, rule is minimum regulatory cost relief. requires each Federal agency, to the The energy impact of the proposed The proposed rule would require that extent permitted by law, to prepare a rule has been assessed in accordance new transport category aircraft written assessment of the effects of any with the Energy Policy and manufacturers meet just one Federal mandate in a proposed or final Conservation Act (EPCA) and Public certification requirement, rather than agency rule that may result in the Law 94–163, as amended (43 U.S.C. different standards for the United States expenditure by State, local, and tribal 6362), and FAA Order 1053.1. It has and Europe. Airplane manufacturers governments, in the aggregate, or by the been determined that it is not a major already meet or expect to meet this private sector, of $100 million or more regulatory action under the provisions standard as well as the existing 14 CFR (adjusted annually for inflation) in any of the EPCA. part 25 requirement. one year. Regulations Affecting Intrastate Second, all U.S. transport-aircraft This proposed rule does not contain Aviation in Alaska category manufacturers exceed the a Federal intergovernmental or private Section 1205 of the FAA Small Business Administration small- sector mandate that exceeds $100 Reauthorization Act of 1996 (110 Stat. entity criteria of 1,500 employees for million in any year; therefore, the 3213) requires the Administrator, when aircraft manufacturers. The current U.S. requirements of the Act do not apply. part 25 airplane manufacturers include: modifying regulations in Title 14 of the Boeing, Cessna Aircraft, Gulfstream What Other Assessments Has the FAA CFR in a manner affecting intrastate Aerospace, Learjet (owned by Conducted? aviation in Alaska, to consider the extent to which Alaska is not served by Bombardier), Lockheed Martin, Executive Order 13132, Federalism McDonnell Douglas (a wholly-owned transportation modes other than subsidiary of The Boeing Company), The FAA has analyzed this proposed aviation, and to establish such Raytheon Aircraft, and Sabreliner rule and the principles and criteria of regulatory distinctions as he or she Corporation. Executive Order 13132, Federalism. We considers appropriate. Because this Given that this proposed rule is have determined that this action would proposed rule would apply to the minimally cost-relieving and that there not have a substantial direct effect on certification of future designs of are no small entity manufacturers of the States, on the relationship between transport category airplanes and their part 25 airplanes, the FAA certifies that the national Government and the States, subsequent operation, it could, if this proposed rule would not have a or on the distribution of power and adopted, affect intrastate aviation in significant impact on a substantial responsibilities among the various Alaska. We therefore specifically number of small entities. levels of government. Therefore, we request comments on whether there is have determined that this notice of justification for applying the proposed International Trade Impact Assessment proposed rulemaking would not have rule differently to intrastate operations The Trade Agreement Act of 1979 federalism implications. in Alaska. prohibits Federal agencies from engaging in any standards or related Paperwork Reduction Act Plain Language activities that create unnecessary The Paperwork Reduction Act of 1995 In response to the June 1, 1998, obstacles to the foreign commerce of the (44 U.S.C. 3507(d)) requires that the Presidential memorandum regarding the United States. Legitimate domestic FAA consider the impact of paperwork issue of plain language, the FAA re-
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examined the writing style currently 2. Add a new paragraph (b)(5) to (b) Each designated fire zone must used in the development of regulations. § 25.945 to read as follows: meet the requirements of §§ 25.863, The memorandum requires Federal 25.865, 25.867, 25.869, and 25.1185 agencies to communicate clearly with § 25.945 Thrust or power augmentation through 25.1203. system. the public. We are interested in your 5. Republish the introductory text and comments on whether the style of this * * * * * revise paragraphs (a)(7) and (d)(2) of document is clear, and in any other (b) * * * § 25.1305 to read as follows: suggestions you might have to improve (5) Each tank must have an expansion the clarity of FAA communications that space of not less than 2% of the tank § 25.1305 Powerplant instruments affect you. You can get more capacity. It must be impossible to fill The following are required information about the Presidential the expansion space inadvertently with powerplant instruments: memorandum and the plain language the airplane in the normal ground (a) * * * attitude. initiative at http:// (7) Fire-warning devices that provide www.plainlanguage.gov. * * * * * visual and audible warning. 3. Republish the introductory text and List of Subjects in 14 CFR Part 25 revise paragraph (d) of § 25.973 to read * * * * * (d) * * * Aircraft, Aviation safety, Reporting as follows: and recordkeeping requirements. (2) A position indicating means to § 25.973 Fuel tank filler connection. indicate to the flight crew when the The Proposed Amendment Each fuel tank filler connection must thrust reversing device— In consideration of the foregoing, the prevent the entrance of fuel into any (i) Is not in the selected position, and Federal Aviation Administration part of the airplane other than the tank (ii) Is in the reverse thrust position, proposes to amend part 25 of Title 14, itself. In addition— for each engine using a thrust reversing Code of Federal Regulations, as follows: * * * * * device. (d) Each fuel filling point must have * * * * * PART 25—AIRWORTHINESS a provision for electrically bonding the STANDARDS: TRANSPORT Issued in Renton, Washington, on airplane to ground fueling equipment. December 18, 2001. CATEGORY AIRPLANES 4. Revise paragraph (b) of § 25.1181 to Vi Lipski, read as follows: 1. The authority citation for part 25 Manager, Transport Airplane Directorate, continues to read as follows: § 25.1181 Designated fire zones; regions Aircraft Certification Service. Authority: 49 U.S.C. 106(g), 40113, 44701, included. [FR Doc. 02–1002 Filed 1–30–02; 8:45 am] 44702 and 44704. * * * * * BILLING CODE 4910–13–U
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Part VI
Department of Transportation Transportation Security Administration
Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review; Notice
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DEPARTMENT OF TRANSPORTATION February 1, 2002. Approximately 195 air activities and accounts will have an carriers and foreign air carriers are additional record-keeping burden. Using Transportation Security Administration expected to collect and remit the the above estimate of 133 carriers a year [Docket No. TSA 2001–11120] September 11th Security Fee. Each of who may have to conduct audits, with these carriers would then be responsible an estimated 20 hours of preparation per Reports, Forms and Record Keeping for (1) establishing and maintaining an audit, at an assumed rate of $30 an hour, Requirements Agency Information accounting system to account for the the estimated cost of these audits is Collection Activity Under OMB Review September 11th Security Fees that are about $79,800 annually. imposed, collected, refunded and The total estimated cost of preparing AGENCY: Transportation Security remitted and (2) reporting this and submitting quarterly reports and Administration, DOT. information to the Transportation conducting audits is $95,665.20 and the ACTION: Emergency Federal Register Security Administration, U.S. total estimated burden hours are 3,440. notice. Department of Transportation, on a However, we believe the actual burden quarterly basis. We further estimate that will be lower because the SUMMARY: The U.S. Department of approximately 133 air carriers and Transportation Security Administration Transportation, Transportation Security foreign air carriers will also have to will provide a mechanism for the Administration, has submitted the conduct an annual audit of their electronic submission of quarterly following request for emergency September 11th Security Fee activities reports, which will reduce costs. processing of a public information and accounts. Number of Respondents: We estimate collection to the Office of Management Affected Public: The first information that there will be 195 respondents per and Budget (OMB) for review and collection requirement applies to any year for the general information clearance under the Paperwork direct air carrier or foreign air carrier collection and 133 respondents for the Reduction Act of 1995 (Pub. L. 104–13, providing air transportation, foreign air audit-related collection. 44 U.S.C. chapter 35.) This notice transportation, and intrastate air Summary of the Collection of announces that the Information transportation, originating at airports in Information: For purposes of collecting Collection Request (ICR) abstracted the United States, on either (1) a funds to pay for the costs of providing below has been forwarded to OMB for scheduled passenger or public charter civil aviation security services as review and comment. The ICR describes passenger operation with an aircraft described in 49 U.S.C. 44940, air the nature of the information collections having passenger seating configuration carriers and foreign air carriers will be and their expected burden. of more than 60 seats or (2) a scheduled required to track passenger Comments: Comments should be passenger or public charter passenger emplanements for air transportation, directed to the Office of Information and operation with an aircraft having a foreign air transportation, and intrastate Regulatory Affairs, Office of passenger seating configuration of less air transportation originating at airports Management and Budget, 725 than 61 seats when passengers are in the United States if the enplanement Seventeenth Street, NW., Washington, enplaned from or deplaned into a sterile is on either (1) a scheduled passenger or DC 20503, Attention: Desk Officer for area. The further requirement to public charter passenger operation with the Transportation Security conduct an audit only applies to air an aircraft having passenger seating Administration. carriers and foreign air carriers that configuration of more than 60 seats or Type of Request: New. collect September 11th Security Fees (2) a scheduled passenger or public Form Number: This proposed from more than 50,000 passengers charter passenger operation with an collection of information would not use annually. aircraft having a passenger seating any standard forms. Abstract: To pay for the costs of configuration of less than 61 seats when providing civil aviation security passengers are enplaned from or DATES: OMB approval has been services as described in 49 U.S.C. deplaned into a sterile area. These air requested by January 31, 2002. 44940, a uniform fee is imposed on carriers must submit quarterly reports FOR FURTHER INFORMATION CONTACT: Rita passengers of air carriers and foreign air on the total September 11th Security Maristch, Office of the General Counsel, carriers providing air transportation, Fees imposed, collected, refunded and Office of Environmental, Civil Rights, foreign air transportation, and intrastate remitted, the number of enplanements and General Law, Department of air transportation originating at airports for which a fee was collected, the total Transportation (C–10), 400 Seventh in the United States. number of frequent flyer and Street, SW., Room 10102, Washington, Estimated Annual Burden: Using the nonrevenue passengers enplaned, and DC 20590, (202) 366–9161 (voice), (202) above estimate of 195 carriers a year the total number of enplanements for 366–9170 (fax). You may also contact who may have to submit quarterly which the fee was not collected. The Steven Cohen, Office of the General reports, with an estimated 1 hour of reports must also explain why any Counsel (C–10), at (202) 366–4684. preparation to collect and provide the September 11th Security Fee that SUPPLEMENTARY INFORMATION: information, at an assumed rate of $20 should have been collected under 49 an hour, the annual estimated cost of CFR part 1510 was not collected. Transportation Security Administration collecting and preparing the information Additionally, each air carrier and Title: Imposition and Collection of necessary for 780 quarterly reports is foreign air carrier that collects Passenger Civil Aviation Security $15,600. Adding in a postage cost of September 11th Security Fees from Service Fees. $265.20 (780 reports at a cost of 34 cents more than 50,000 passengers annually OMB Control Number: None assigned. to mail each one), we estimate that it must provide for an audit at least Frequency: On December 31, 2001, will cost $15,865.20 a year to prepare annually of its September 11th Security the Transportation Security and submit the information necessary to Fee activities and accounts. The Administration published an interim satisfy the general information accountant conducting such an audit final rule imposing a security service fee collection requirement. must include in it an opinion on (September 11th Security Fee) on page Air carriers and foreign air carriers whether (1) the direct air carrier’s or 67698 of volume 66 of the Federal who will also have to conduct audits of foreign air carrier’s procedures for Register. Imposition of this fee begins their September 11th Security Fee collecting, holding, and remitting the
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fees are fair and reasonable; and (2) represent the net transactions in the Issued on: January 29, 2002. whether the quarterly reports fairly security service fee accounts. Donna R. McLean, Assistant Secretary for Budget and Programs, Chief Financial Officer, Department of Transportation. [FR Doc. 02–2563 Filed 1–30–02; 10:45 am] BILLING CODE 4910–62–P
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Part VI
Department of Transportation Transportation Security Administration
Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review; Notice
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DEPARTMENT OF TRANSPORTATION February 1, 2002. Approximately 195 air activities and accounts will have an carriers and foreign air carriers are additional record-keeping burden. Using Transportation Security Administration expected to collect and remit the the above estimate of 133 carriers a year [Docket No. TSA 2001–11120] September 11th Security Fee. Each of who may have to conduct audits, with these carriers would then be responsible an estimated 20 hours of preparation per Reports, Forms and Record Keeping for (1) establishing and maintaining an audit, at an assumed rate of $30 an hour, Requirements Agency Information accounting system to account for the the estimated cost of these audits is Collection Activity Under OMB Review September 11th Security Fees that are about $79,800 annually. imposed, collected, refunded and The total estimated cost of preparing AGENCY: Transportation Security remitted and (2) reporting this and submitting quarterly reports and Administration, DOT. information to the Transportation conducting audits is $95,665.20 and the ACTION: Emergency Federal Register Security Administration, U.S. total estimated burden hours are 3,440. notice. Department of Transportation, on a However, we believe the actual burden quarterly basis. We further estimate that will be lower because the SUMMARY: The U.S. Department of approximately 133 air carriers and Transportation Security Administration Transportation, Transportation Security foreign air carriers will also have to will provide a mechanism for the Administration, has submitted the conduct an annual audit of their electronic submission of quarterly following request for emergency September 11th Security Fee activities reports, which will reduce costs. processing of a public information and accounts. Number of Respondents: We estimate collection to the Office of Management Affected Public: The first information that there will be 195 respondents per and Budget (OMB) for review and collection requirement applies to any year for the general information clearance under the Paperwork direct air carrier or foreign air carrier collection and 133 respondents for the Reduction Act of 1995 (Pub. L. 104–13, providing air transportation, foreign air audit-related collection. 44 U.S.C. chapter 35.) This notice transportation, and intrastate air Summary of the Collection of announces that the Information transportation, originating at airports in Information: For purposes of collecting Collection Request (ICR) abstracted the United States, on either (1) a funds to pay for the costs of providing below has been forwarded to OMB for scheduled passenger or public charter civil aviation security services as review and comment. The ICR describes passenger operation with an aircraft described in 49 U.S.C. 44940, air the nature of the information collections having passenger seating configuration carriers and foreign air carriers will be and their expected burden. of more than 60 seats or (2) a scheduled required to track passenger Comments: Comments should be passenger or public charter passenger emplanements for air transportation, directed to the Office of Information and operation with an aircraft having a foreign air transportation, and intrastate Regulatory Affairs, Office of passenger seating configuration of less air transportation originating at airports Management and Budget, 725 than 61 seats when passengers are in the United States if the enplanement Seventeenth Street, NW., Washington, enplaned from or deplaned into a sterile is on either (1) a scheduled passenger or DC 20503, Attention: Desk Officer for area. The further requirement to public charter passenger operation with the Transportation Security conduct an audit only applies to air an aircraft having passenger seating Administration. carriers and foreign air carriers that configuration of more than 60 seats or Type of Request: New. collect September 11th Security Fees (2) a scheduled passenger or public Form Number: This proposed from more than 50,000 passengers charter passenger operation with an collection of information would not use annually. aircraft having a passenger seating any standard forms. Abstract: To pay for the costs of configuration of less than 61 seats when providing civil aviation security passengers are enplaned from or DATES: OMB approval has been services as described in 49 U.S.C. deplaned into a sterile area. These air requested by January 31, 2002. 44940, a uniform fee is imposed on carriers must submit quarterly reports FOR FURTHER INFORMATION CONTACT: Rita passengers of air carriers and foreign air on the total September 11th Security Maristch, Office of the General Counsel, carriers providing air transportation, Fees imposed, collected, refunded and Office of Environmental, Civil Rights, foreign air transportation, and intrastate remitted, the number of enplanements and General Law, Department of air transportation originating at airports for which a fee was collected, the total Transportation (C–10), 400 Seventh in the United States. number of frequent flyer and Street, SW., Room 10102, Washington, Estimated Annual Burden: Using the nonrevenue passengers enplaned, and DC 20590, (202) 366–9161 (voice), (202) above estimate of 195 carriers a year the total number of enplanements for 366–9170 (fax). You may also contact who may have to submit quarterly which the fee was not collected. The Steven Cohen, Office of the General reports, with an estimated 1 hour of reports must also explain why any Counsel (C–10), at (202) 366–4684. preparation to collect and provide the September 11th Security Fee that SUPPLEMENTARY INFORMATION: information, at an assumed rate of $20 should have been collected under 49 an hour, the annual estimated cost of CFR part 1510 was not collected. Transportation Security Administration collecting and preparing the information Additionally, each air carrier and Title: Imposition and Collection of necessary for 780 quarterly reports is foreign air carrier that collects Passenger Civil Aviation Security $15,600. Adding in a postage cost of September 11th Security Fees from Service Fees. $265.20 (780 reports at a cost of 34 cents more than 50,000 passengers annually OMB Control Number: None assigned. to mail each one), we estimate that it must provide for an audit at least Frequency: On December 31, 2001, will cost $15,865.20 a year to prepare annually of its September 11th Security the Transportation Security and submit the information necessary to Fee activities and accounts. The Administration published an interim satisfy the general information accountant conducting such an audit final rule imposing a security service fee collection requirement. must include in it an opinion on (September 11th Security Fee) on page Air carriers and foreign air carriers whether (1) the direct air carrier’s or 67698 of volume 66 of the Federal who will also have to conduct audits of foreign air carrier’s procedures for Register. Imposition of this fee begins their September 11th Security Fee collecting, holding, and remitting the
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fees are fair and reasonable; and (2) represent the net transactions in the Issued on: January 29, 2002. whether the quarterly reports fairly security service fee accounts. Donna R. McLean, Assistant Secretary for Budget and Programs, Chief Financial Officer, Department of Transportation. [FR Doc. 02–2563 Filed 1–30–02; 10:45 am] BILLING CODE 4910–62–P
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Reader Aids Federal Register Vol. 67, No. 21 Thursday, January 31, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 3 CFR 1945...... 791 Proposed Rules: Proclamations: Presidential Documents Ch. I ...... 525 7463 (See EO Executive orders and proclamations 523–5227 330...... 697 13253) ...... 2791 The United States Government Manual 523–5227 800...... 25 7516...... 479 930...... 3540 7517...... 2787 Other Services Ch. IX...... 525 Executive Orders: 925...... 1315 Electronic and on-line services (voice) 523–3447 12171 (Amended by Privacy Act Compilation 523–3187 959...... 1317 EO 13252)...... 1601 979...... 1319 Public Laws Update Service (numbers, dates, etc.) 523–6641 12343 (Revoked by Ch. X...... 525 523–5229 TTY for the deaf-and-hard-of-hearing EO 13251)...... 1599 Ch. XI...... 525 12543 (See Notice of 1240...... 849 January 3, 2002)...... 637 ELECTRONIC RESEARCH 1464...... 526 12544 (See Notice of 1703...... 3128 World Wide Web January 3, 2002)...... 637 1755...... 4679 12947 (See Notice of 3017...... 3266 Full text of the daily Federal Register, CFR and other publications January 18, 2002)...... 3033 3021...... 3266 is located at: http://www.access.gpo.gov/nara 13099 (See Notice of Federal Register information and research tools, including Public January 18, 2002)...... 3033 8 CFR 13182 (Superseded by Inspection List, indexes, and links to GPO Access are located at: 103...... 4784 http://www.nara.gov/fedreg EO 13249)...... 639 13194 (See Notice of 212...... 4784 E-mail January 15, 2002)...... 2547 214...... 4784 13213 (See Notice of 274a...... 4784 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is January 15, 2002)...... 2547 299...... 4784 an open e-mail service that provides subscribers with a digital 13223 (Amended by Proposed Rules: form of the Federal Register Table of Contents. The digital form EO 13253)...... 2791 236...... 1670 of the Federal Register Table of Contents includes HTML and 13249...... 639 PDF links to the full text of each document. 13250...... 1597 9 CFR To join or leave, go to http://listserv.access.gpo.gov and select 13251...... 1599 93...... 649, 1418 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13252...... 1601 94...... 649, 1072 (or change settings); then follow the instructions. 13253...... 2791 101...... 1910 Administrative Orders: 116...... 1910 PENS (Public Law Electronic Notification Service) is an e-mail Notices: 381...... 1277 service that notifies subscribers of recently enacted laws. Notice of January 3, 391...... 3428 590...... 3428 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 2002 ...... 637 Notice of January 15, 592...... 3428 and select Join or leave the list (or change settings); then follow 441...... 1277 the instructions. 2002 ...... 2547 Notice of January 18, Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 2002 ...... 3033 316...... 4212 respond to specific inquiries. 317...... 4212 5 CFR 381...... 4212 Reference questions. Send questions and comments about the 532...... 3035 Federal Register system to: [email protected] 534...... 3581 10 CFR The Federal Register staff cannot interpret specific documents or 1201...... 3811 1...... 3584 regulations. Proposed Rules: 2...... 3263 213...... 3128 19...... 3263 FEDERAL REGISTER PAGES AND DATE, JANUARY 970...... 3266 20...... 3263, 3584 21...... 3263 7 CFR 1–264...... 2 2317–2548...... 17 30...... 3263 301 ...... 1067, 3427, 3583 34...... 3584 265–478...... 3 2549–2792...... 18 479–638...... 4 353...... 2317 40...... 3263 2793–3034...... 22 354...... 1070 51...... 3263 639–790...... 7 3035–3426...... 23 457...... 3036 60...... 3263 791–1066...... 8 764...... 791 61...... 3263 1067–1274...... 9 3427–3580...... 24 3581–3810...... 25 905...... 801 63...... 3263 1275–1412...... 10 920...... 1413 70...... 3263, 3584 1413–1602...... 11 3811–4166...... 28 987...... 1275 71...... 3584 1603–1858...... 14 4167–4324...... 29 1410...... 2131 72 ...... 3263, 3431, 3584 1859–2130...... 15 4325–4648...... 30 1464...... 481 73...... 3263, 3584 2131–2316...... 16 4649–4868...... 31 1703...... 3039 75...... 3263 1721...... 484 1008...... 4167
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Proposed Rules: 1267...... 3266 312...... 3266 326...... 1673 35...... 274 1006...... 3266 505...... 1421 50...... 4214 15 CFR 1008...... 3266 806B ...... 1423 63...... 3628 4a...... 2135 1508...... 3266 430...... 3449 743...... 458 1509...... 3266 33 CFR 606...... 3266 752...... 458 84...... 2329 607...... 3266 772...... 458 23 CFR 100...... 4656 1036...... 3266 774...... 458 Proposed Rules: 110...... 17 12 CFR Proposed Rules: 650...... 2837 117 ...... 17, 1095, 1416, 1417, 26...... 3266 1607, 4177 3...... 3784 29...... 3266 24 CFR 160...... 2571 28...... 4325 70...... 3631 Proposed Rules: 165 ...... 517, 1097, 1099, 1101, 208...... 3784 570...... 2960 1607, 2330, 2332, 2571, 225...... 3784 16 CFR 3812, 3814, 4177, 4355, 325...... 3784 4...... 123 25 CFR 4656, 4658, 4660, 4662, 516...... 3264 305...... 4172 170...... 1290 4664, 4665 614...... 1281 Proposed Rules: 500...... 2384 183...... 2329 619...... 1281 310...... 4492 513...... 1274 Proposed Rules: 1777...... 3587 432...... 1915 Proposed Rules: 100...... 1177 13 CFR 1500...... 4373 292...... 3846 165 ...... 2614, 4218, 4692 542...... 1917, 3461 167...... 2616 121...... 3041 17 CFR 401...... 3466 Proposed Rules: 228...... 232 26 CFR 121...... 3826 34 CFR 229...... 232 1 ...... 8, 817, 1075, 2327, 2841, 125...... 3826 230...... 228 3811, 4173, 4177 75...... 4316 126...... 3826 240...... 232 53...... 3076 Proposed Rules: 145...... 3266 241...... 6 301 ...... 1416, 2327, 3076 Ch. II ...... 2770 147...... 3266 249...... 232 602 ....8, 817, 1075, 3076, 4177 84...... 3266 14 CFR Proposed Rules: 85...... 3266 17 CFR 303...... 1410 25 ...... 487, 2118, 2793 1 ...48, 1672, 2387, 3461, 3846, 668...... 3266 39...1, 123, 265, 489, 491, 492, 240...... 3056 4217, 4218 682...... 3266 494, 495, 497, 499, 500, 31...... 3846 18 CFR 46...... 707 502, 503, 505, 507, 509, 36 CFR 651, 653, 809, 812, 815, Proposed Rules: 301 ...... 1421, 2387, 2549, 2558 1286, 1603, 1859, 2132, 35...... 3632 602...... 1421 Proposed Rules: 101...... 1026 2...... 1424 2317, 2318, 2320, 2323, 27 CFR 2795, 2797, 2799, 2801, 201...... 1026 7...... 1424 2802, 2804, 3605, 4171, 284...... 44 Proposed Rules: 1209...... 3266 4326, 4328, 4331, 4332, 352...... 1026 4...... 3135 1212...... 3266 388...... 3129 4333, 4335, 4338, 4340, 28 CFR 37 CFR 4342, 4344, 4346, 4349, 19 CFR 4351, 4649, 4650, 4652 2...... 2568 1...... 520 10...... 3058 Proposed Rules: 43...... 2098 29 CFR 45...... 2098 12...... 953, 1809 255...... 4694 Proposed Rules: 102...... 656, 657 71 ...... 510, 511, 512, 513, 514, 38 CFR 515, 516, 517, 816, 2134, 35...... 3632 1912...... 658 2806, 3264, 4654, 4655 141...... 3135 1912a...... 658 2...... 3433 73...... 2807 142...... 3135 1915...... 2846 3...... 3612 91...... 2774 2520...... 772, 777 15...... 3433 20 CFR 95...... 2808 2560...... 772, 777 17...... 4357, 4667 97 ...... 267, 269, 1288, 1289, Proposed Rules: 2570...... 777 52...... 660 3608, 3610, 3611 345...... 2157 4022...... 1861 19...... 3099 107 ...... 655, 3810, 3682 436...... 3266 4044...... 1861 20...... 3099 108...... 655, 3810 439...... 3266 Proposed Rules: Proposed Rules: 121...... 2112, 2118 94...... 3266 3...... 200 21 CFR 330...... 250 98...... 3266 17...... 200 Proposed Rules: 173...... 271 2700...... 1673 21...... 200 Ch. I ...... 4680 330...... 3059 1471...... 3266 44...... 3266 23...... 4215 864...... 1606 1472...... 3266 48...... 3266 25 ...... 1846, 2827, 3456, 4856 876...... 3431 30 CFR 39 CFR 39...29, 31, 33, 35, 38, 40, 530, Proposed Rules: 534, 537, 538, 541, 542, 1404...... 3266 203...... 1862 3...... 2135 544, 547, 550, 697, 700, 1405...... 3266 Proposed Rules: Proposed Rules: 1165, 1167, 1169, 1419, 250 ...... 275, 1171, 3632 111 ...... 275, 2388, 4562 22 CFR 1670, 1913, 2145, 2146, 917...... 3847 3844, 4683, 4685 41...... 1413 931...... 1173 40 CFR 71 ...... 552, 702, 703, 704, 705, 42...... 1414, 1415 938...... 3633 9...... 1812, 3370 706, 1322, 2148, 2149, 126...... 1074 948...... 4689 50...... 1430 2150, 2151, 2152, 2154, Proposed Rules: 52 ...... 18, 19, 822, 2573, 2811, 32 CFR 2155, 2156, 2613, 2828, 137...... 3266 3816, 3819, 4668, 4669 2830, 2832, 2835, 2836, 139...... 3266 199...... 4353 60...... 1295 3263, 3264 196...... 1420 Proposed Rules: 61...... 1295, 3106 93...... 123 208...... 3266 25...... 3266 62...... 271, 42179 330...... 263 210...... 3266 26...... 3266 63 ...... 825, 1295, 3106, 4181, 1265...... 3266 310...... 3266 199...... 4375 4359, 4363
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70...... 1431, 4673 Ch. 301 ...... 1899 7...... 678 531...... 710 72...... 1295 301–10...... 1902 15...... 1623 533 ...... 710, 3471, 4379 75...... 1295 20 ...... 1626, 1643, 1903, 4675 535...... 710 80 ...... 3435, 3440, 4674 42 CFR 22...... 1626, 4675 537...... 710 82...... 4185 82...... 2343 54 ...... 3118, 3441, 3620 538...... 710, 713 122...... 4675 447...... 2602 64 ...... 1643, 2814, 3621, 4203 541...... 710 141...... 1812 Proposed Rules: 73 ...... 828, 829, 830, 3622 542...... 710 142...... 1812 81...... 2397 76...... 678, 1649 543...... 710 180 .....1102, 1880, 2333, 2580, Ch. VI...... 3641 87...... 4675 544...... 710 3113 401...... 3662 Proposed Rules: 551...... 710 260...... 2962 51...... 1945, 1947 552...... 710 261...... 1888, 1896 43 CFR 64...... 4227 553...... 710 264...... 2962 2...... 4367 73...... 851, 1704 554...... 710 271...... 2962 4...... 4367 76...... 1704 555...... 710 434...... 3370 7...... 4367 95...... 1710 556...... 710 Proposed Rules: 10...... 4367 557...... 710 48 CFR 3...... 278 13...... 4367 564...... 710 32...... 3266 35...... 4367 19...... 1858 565...... 710 36...... 3266 Proposed Rules: 52...... 1858, 3441 566...... 710 51...... 278 12...... 3266 202...... 4207 567...... 710, 4695 52 ...... 50, 849, 3849, 4695 42...... 3266 209...... 4208 568...... 710, 4695 55...... 2846 43...... 3266 212...... 4208 569...... 710 60 ...... 278, 1676, 4377 3430...... 2618, 4316 213...... 4208 570...... 710 61...... 1676, 3137 3470...... 2618, 4316 215...... 4207 572...... 710 62...... 279, 4220 217...... 4208 573...... 710 63 ...... 278, 850, 2286, 2390, 44 CFR 219...... 4207 574...... 710 3137, 4221, 4378 65...... 1610, 1611 222...... 4208 575...... 710 70...... 278 67...... 675, 1614 225...... 4209 576...... 710 80...... 3468 Proposed Rules: 242...... 4207 577...... 710 82...... 4222 17...... 3266 246...... 4207 578...... 710 86...... 2159, 3640 21...... 3266 252...... 4209, 4210 579...... 710 123...... 278 67...... 709 Proposed Rules: 142...... 278 206...... 3412 23...... 631 145...... 278 52...... 631 50 CFR 162...... 278 45 CFR 208...... 4231 17 ...... 680, 1662, 3120 180 ...... 1917, 1925, 2175, 2393 Proposed Rules: 239...... 4231 216...... 2820 233...... 278 76...... 3266 251...... 4231 223...... 1116 257...... 278 82...... 3266 252...... 4231 229...... 1133, 1142 258...... 278 620...... 3266 1813...... 3669 600 ...... 1540, 2343, 3820 260...... 2518 630...... 3266 1852...... 3669 622...... 4210, 4677 261...... 2518 689...... 3666 635...... 1668 49 CFR 264...... 2518 1154...... 3266 648 .....1908, 2824, 3126, 3442, 265...... 2518 1155...... 3266 1...... 629 3444, 3623 266...... 2518 1169...... 3266 40...... 4677 660 ...... 1540, 3820, 4369 268...... 2518 1173...... 3266 192...... 1108 679 ...... 956, 1160, 1163, 3126, 270...... 2518 1185...... 3266 195 ...... 831, 1650, 2136 3446, 3447, 3825, 4100, 271 ...... 278, 1931, 2518 1186...... 3266 199...... 2611 4677 281...... 278, 4225 1626...... 3470 214...... 1903 Proposed Rules: 403...... 278 2542...... 3266 219...... 21, 1116 17 ...... 280, 1712, 3675, 3849, 501...... 278 2545...... 3266 240...... 22 3940 721...... 1937 Proposed Rules: 216...... 4379 725...... 1179 46 CFR 29...... 3266 229...... 1300 745...... 278 25...... 2329 32...... 3266 300...... 3867 763...... 278 126...... 2343 173...... 852 600...... 1555 176...... 3673 622 ...... 1323, 3679, 4696 41 CFR 47 CFR 192...... 1537, 3675 635...... 629 101–44...... 2583 Ch. 1...... 3616, 3617 195...... 3675 648...... 1324 102–37...... 2583 0...... 4675 219...... 3138 660...... 1186, 1555 105–68...... 3266 1 ...... 1615, 3441, 3620 241...... 2179 679...... 1325 105–74...... 3266 6...... 678 529...... 710 697...... 282, 4697
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REMINDERS Onions grown in— Cutoff dates for boundary Puerto Rico and U.S. The items in this list were Texas; comments due by 2- changes recognition; Virgin Islands queen editorially compiled as an aid 11-02; published 1-10-02 comments due by 2-25- conch resources; to Federal Register users. [FR 02-00575] 02; published 1-25-02 [FR comments due by 2-11- 02-01815] 02; published 1-10-02 Inclusion or exclusion from AGRICULTURE [FR 02-00645] this list has no legal DEPARTMENT COMMERCE DEPARTMENT Snapper-grouper; significance. Animal and Plant Health Export Administration Bureau comments due by 3-4- Inspection Service 02; published 1-31-02 RULES GOING INTO Exportation and importation of Export administration [FR 02-02301] regulations: EFFECT JANUARY 31, animals and animal West Coast States and 2002 products: Missile technology-controlled Western Pacific Bovine spongiform items destined to Canada; fisheries— encephalopathy; disease export and reexport ENVIRONMENTAL Pacific coast groundfish; status change— licensing exemption PROTECTION AGENCY comments due by 2-11- Czech Republic; removal; comments due Air quality implementation 02; published 1-11-02 comments due by 2-4- by 2-19-02; published 12- plans; approval and [FR 01-32262] 02; published 12-4-01 20-01 [FR 01-31322] promulgation; various COMMERCE DEPARTMENT [FR 01-30001] COMMERCE DEPARTMENT States: National Oceanic and Plant-related quarantine, Alabama; published 1-31-02 National Oceanic and Atmospheric Administration foreign: Atmospheric Administration FEDERAL Fishery conservation and Nursery stock regulations; Endangered and threatened COMMUNICATIONS management: update; comments due by species: COMMISSION West Coast States and 2-26-02; published 12-28- Findings on petitions, etc.— Western Pacific Common carrier services: 01 [FR 01-31602] Atlantic white marlin; fisheries— Telecommunications Act of Plant pest regulations update; 1996; implementation— comments due by 2-19- Pacific coast groundfish; risk-based criteria; 02; published 12-20-01 comments due by 2-11- Telecommunications comments due by 2-6-02; [FR 01-31285] 02; published 1-11-02 service, equipment, and published 1-7-02 [FR 02- Sea turtle conservation [FR 01-32261] customer premises 00263] equipment; access by requirements; comments COMMERCE DEPARTMENT Plant quarantine safeguard due by 2-15-02; published persons with disabilities; regulations: National Oceanic and published 1-7-02 12-14-01 [FR 01-30929] Atmospheric Administration Untreated oranges, COMMERCE DEPARTMENT International fisheries TRANSPORTATION tangerines, and grapefruit regulations: DEPARTMENT from Mexico transiting National Oceanic and Federal Aviation U.S. to foreign countries; Atmospheric Administration Pacific halibut— Administration comments due by 2-4-02; Fishery conservation and Guided recreational Airworthiness directives: published 12-4-01 [FR 01- management: fishery; guideline Airbus; published 12-27-01 30000] Alaska; fisheries of harvest levels; comments due by 2-27- AGRICULTURE Exclusive Economic Boeing; published 12-27-01 02; published 1-28-02 DEPARTMENT Zone— Eurocopter France; [FR 02-02005] published 1-16-02 Commodity Credit Steller sea lion protection COMMERCE DEPARTMENT Grob-Werke Gmbh & Co. Corporation measures; comments National Oceanic and KG; published 1-8-02 Conservation Reserve due by 2-7-02; Atmospheric Administration Program: published 1-8-02 [FR VETERANS AFFAIRS 01-32251] Marine mammals: DEPARTMENT Cropland eligibility and COMMERCE DEPARTMENT Incidental taking— Medical benefits: private sector technical assistance; comments due National Oceanic and Atlantic Large Whale Take Compensated Work Reduction Plan; Therapy/Transitional by 2-4-02; published 12-6- Atmospheric Administration 01 [FR 01-30213] Fishery conservation and comments due by 2-8- Residence Program; 02; published 1-9-02 AGRICULTURE management: published 1-31-02 [FR 02-00274] DEPARTMENT Atlantic coastal fisheries COMMERCE DEPARTMENT Rural Utilities Service cooperative COMMENTS DUE NEXT National Oceanic and Rural development: management— WEEK Atmospheric Administration American lobster; Distance Learning and Marine mammals: Telemedicine Loan and comments due by 2-4- AGRICULTURE 02; published 1-3-02 Incidental taking— DEPARTMENT Grant Program; comments due by 2-22-02; published [FR 02-00142] Atlantic Large Whale Take Agricultural Marketing 1-23-02 [FR 02-01537] Atlantic highly migratory Reduction Plan; Service species— comments due by 2-11- Cherries (tart) grown in— AGRICULTURE 02; published 1-10-02 DEPARTMENT Recreational landings Michigan et al.; comments [FR 02-00273] Rural Utilities Service monitoring; comments due by 2-13-02; published due by 2-19-02; Permits: Rural development: 1-24-02 [FR 02-01423] published 12-26-01 [FR Endangered and threatened Grapes grown in— Distance Learning and 01-31662] species:; comments due Telemedicine Loan and California; comments due by Recreational landings by 2-4-02; published 12- Grant Program; comments 2-11-02; published 1-10- monitoring; correction; 21-01 [FR 01-31544] due by 2-22-02; published 02 [FR 02-00576] comments due by 2-19- Marine mammals; comments 1-23-02 [FR 02-01538] Melons grown in— 02; published 1-4-02 due by 3-7-02; published Texas; comments due by 2- COMMERCE DEPARTMENT [FR C1-31662] 1-8-02 [FR 02-00439] 11-02; published 1-10-02 Census Bureau Caribbean, Gulf, and South DEFENSE DEPARTMENT [FR 02-00577] Census 2000: Atlantic fisheries— Acquisition regulations:
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Performance-based by 2-21-02; published ENVIRONMENTAL promulgation; various contracting; comments 1-22-02 [FR 02-01497] PROTECTION AGENCY States: due by 2-4-02; published ENVIRONMENTAL Air programs; State authority Alaska; comments due by 12-6-01 [FR 01-30262] PROTECTION AGENCY delegations: 2-7-02; published 1-8-02 DEFENSE DEPARTMENT Air programs: Idaho; comments due by 2- [FR 02-00219] Acquisition regulations: Stratospheric ozone 22-02; published 1-23-02 ENVIRONMENTAL Research and development protection— [FR 02-01120] PROTECTION AGENCY streamlined contracting Fire suppression Maine; comments due by 2- Air quality implementation procedures; comments substitutes for ozone- 7-02; published 1-17-02 plans; approval and due by 2-4-02; published depleting substances; [FR 02-01244] promulgation; various 12-6-01 [FR 01-30261] restrictions removal; list Maryland; comments due by States: Federal Acquisition Regulation of substitutes; 3-1-02; published 1-30-02 California; comments due by (FAR): comments due by 2-28- [FR 02-02231] 2-27-02; published 1-28- Hazardous material safety 02; published 1-29-02 ENVIRONMENTAL 02 [FR 02-02006] data; comments due by 3- [FR 02-01495] PROTECTION AGENCY ENVIRONMENTAL 5-02; published 1-4-02 ENVIRONMENTAL Air programs; State authority PROTECTION AGENCY [FR 02-00117] PROTECTION AGENCY delegations: Air quality implementation EDUCATION DEPARTMENT Air programs: Maryland; comments due by plans; approval and Elementary and secondary Stratospheric ozone 3-1-02; published 1-30-02 promulgation; various education: protection— [FR 02-02230] States: Disadvantaged children; Fire suppression Pennsylvania; comments California; comments due by academic achievement substitutes for ozone- due by 2-28-02; published 2-27-02; published 1-28- improvement; comments depleting substances; 1-29-02 [FR 02-02121] 02 [FR 02-02007] due by 2-19-02; published restrictions removal; list ENVIRONMENTAL ENVIRONMENTAL 1-18-02 [FR 02-01341] of substitutes; PROTECTION AGENCY PROTECTION AGENCY comments due by 2-28- Air programs; State authority ENERGY DEPARTMENT Air quality implementation 02; published 1-29-02 delegations: Energy Efficiency and plans; approval and [FR 02-01496] Renewable Energy Office Pennsylvania; comments promulgation; various Consumer products; energy ENVIRONMENTAL due by 2-28-02; published States: 1-29-02 [FR 02-02122] conservation program: PROTECTION AGENCY California; comments due by Test procedures— Air programs; approval and ENVIRONMENTAL 2-27-02; published 1-28- Water heaters; comments promulgation; State plans PROTECTION AGENCY 02 [FR 02-02008] due by 2-25-02; for designated facilities and Air programs; State authority Electronic reporting published 1-24-02 [FR pollutants: delegations: establishment; electronic 02-01747] Various States; comments Pennsylvania; comments records ENVIRONMENTAL due by 2-4-02; published due by 3-1-02; published Comment period extension PROTECTION AGENCY 1-3-02 [FR 02-00104] 1-30-02 [FR 02-02228] and public meetings; Air pollution control: ENVIRONMENTAL ENVIRONMENTAL comments due by 2-27- State operating permits PROTECTION AGENCY PROTECTION AGENCY 02; published 1-3-02 [FR programs— Air programs; approval and Air programs; State authority 02-00109] Iowa; comments due by promulgation; State plans delegations: Hazardous waste program 2-11-02; published 1-11- for designated facilities and Various States; comments authorizations: 02 [FR 02-00757] pollutants: due by 2-13-02; published Washington; comments due 1-14-02 [FR 02-00702] ENVIRONMENTAL Various States; comments by 2-14-02; published 1- PROTECTION AGENCY due by 2-4-02; published ENVIRONMENTAL 15-02 [FR 02-00626] 1-3-02 [FR 02-00105] Air programs: PROTECTION AGENCY Hazardous waste: Fuels and fuel additives— ENVIRONMENTAL Air programs; State authority State underground storage PROTECTION AGENCY delegations: Denver/Boulder, CO; tank program approvals— Federal summer Air programs; approval and Virginia; comments due by South Carolina; comments gasoline Reid Vapor promulgation; State plans 2-7-02; published 1-8-02 due by 2-28-02; Pressure volatility for designated facilities and [FR 02-00407] published 1-29-02 [FR standard; relaxation; pollutants: ENVIRONMENTAL 02-02123] comments due by 2-25- Various States; comments PROTECTION AGENCY FEDERAL 02; published 1-24-02 due by 2-28-02; published Air programs; State authority COMMUNICATIONS [FR 02-01493] 1-29-02 [FR 02-02119] delegations: COMMISSION ENVIRONMENTAL ENVIRONMENTAL Virginia; comments due by Common carrier services: PROTECTION AGENCY PROTECTION AGENCY 2-7-02; published 1-8-02 Individuals with hearing and Air programs: Air programs; approval and [FR 02-00408] speech disabilities; Fuels and fuel additives— promulgation; State plans ENVIRONMENTAL telecommunications relay for designated facilities and Denver/Boulder, CO; PROTECTION AGENCY services pollutants: Federal summer Air quality implementation Cost recovery guidelines; gasoline Reid Vapor Various States; comments plans; approval and clarification and Pressure volatility due by 2-28-02; published promulgation; various temporary waiver standard; relaxation; 1-29-02 [FR 02-02120] States: requests; comments comments due by 2-25- ENVIRONMENTAL Alaska; comments due by due by 2-28-02; 02; published 1-24-02 PROTECTION AGENCY 2-7-02; published 1-8-02 published 1-29-02 [FR [FR 02-01494] Air programs; State authority [FR 02-00218] 02-01981] Outer Continental Shelf delegations: ENVIRONMENTAL Interconnection— regulations— Idaho; comments due by 2- PROTECTION AGENCY Incumbent local exchange California; consistency 22-02; published 1-23-02 Air quality implementation carriers broadband update; comments due [FR 02-01119] plans; approval and telecommunications
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services; regulatory Medicare and Medicaid Migratory bird permits: comments due by 2-19- requirements; comment programs; emergency Rehabilitation activities and 02; published 12-20-01 request; comments due recertification for Organ permit exceptions; [FR 01-31290] by 3-1-02; published 1- Procurement comments due by 3-6-02; NATIONAL CREDIT UNION 15-02 [FR 02-00903] Organizations (OPOs) published 12-6-01 [FR 01- ADMINISTRATION Radio broadcasting: coverage; comments due 30297] Credit unions: Broadcast stations and by 2-26-02; published 12- INTERIOR DEPARTMENT newspapers; cross- 28-01 [FR 01-31724] Organization and ownership; comments due Minerals Management operations— HEALTH AND HUMAN Service by 2-15-02; published 1-8- SERVICES DEPARTMENT Reasonable retirement 02 [FR 02-00372] Outer Continental Shelf; oil, benefits for employees Inspector General Office, Multiple ownership of radio gas, and sulphur operations: and officers; comments Health and Human Services broadcast stations in local Exploration under salt due by 2-19-02; Department markets; rules and sheets; operations published 12-20-01 [FR policies and radio markets Medicare and State health suspension; comments 01-31287] care programs: definition; comments due due by 2-8-02; published INTERIOR DEPARTMENT by 2-11-02; published 12- Safe harbor provisions and 1-9-02 [FR 02-00521] 11-01 [FR 01-30527] special fraud alerts; intent National Indian Gaming Fixed and floating platforms; Commission Radio frequency devices: to develop regulations; documents incorporated Biennial review and update comments due by 2-19- by reference; comments Management contract of rules; comments due 02; published 12-19-01 due by 2-25-02; published provisions: by 2-11-02; published 11- [FR 01-31207] 12-27-01 [FR 01-31723] Minimum internal control 27-01 [FR 01-29344] INTERIOR DEPARTMENT Pressure Vessel Inspection standards; comments due Radio services, special: Indian Affairs Bureau Code; incorporation by by 2-25-02; published 12- Personal radio services— 26-01 [FR 01-30788] Economic enterprises: reference; comments due Garmin International, Inc.; by 2-25-02; published 12- Minimum internal control short-range two-way Gaming on trust lands acquired after Octover 17, 27-01 [FR 01-31710] standards; correction; voice communication comments due by 2-25- service; comments due 1988; determination INTERIOR DEPARTMENT procedures; comments 02; published 1-24-02 [FR by 2-13-02; published Surface Mining Reclamation C1-30788] 1-14-02 [FR 02-00787] due by 2-25-02; published and Enforcement Office NUCLEAR REGULATORY Radio stations; table of 12-27-01 [FR 01-31664] Permanent program and COMMISSION assignments: INTERIOR DEPARTMENT abandoned mine land Arizona; comments due by Indian Affairs Bureau reclamation plan Production and utilization facilities; domestic licensing: 2-11-02; published 1-8-02 Transportation Equity Act for submissions: [FR 02-00376] 21st Century; New Mexico; comments due Light water reactor electric Various States; comments implementation: by 2-8-02; published 1-9- generating plants; fire due by 2-4-02; published Indian Reservation Roads 02 [FR 02-00481] protection; comments due 1-8-02 [FR 02-00370] funds; 2002 FY funds Pennsylvania; comments by 2-4-02; published 12- Wisconsin; comments due distribution; comments due by 2-25-02; published 20-01 [FR 01-31217] by 2-19-02; published 1- due by 2-11-02; published 1-25-02 [FR 02-01945] PERSONNEL MANAGEMENT 14-02 [FR 02-00786] 1-10-02 [FR 02-00268] JUSTICE DEPARTMENT OFFICE Television stations; table of Employment: assignments: INTERIOR DEPARTMENT Interstate Transportation of Colorado; comments due by Land Management Bureau Dangerous Criminals Act; Agency vacancy 2-4-02; published 12-21- Minerals management: implementation: announcements; 01 [FR 01-31457] Coal management— Private companies that reasonable accommodation statement FEDERAL DEPOSIT transport violent prisoners; Coal lease modifications, requirement; comments INSURANCE CORPORATION minimum safety and etc.; comments due by due by 2-11-02; published Federal Deposit Insurance Act: security standards; 2-19-02; published 1-18- 12-11-01 [FR 01-30531] Post-insolvency interest 02 [FR 02-01339] comments due by 2-15- 02; published 12-17-01 payment in receiverships Coal lease modifications, PERSONNEL MANAGEMENT [FR 01-30937] with surplus funds; etc.; correction; OFFICE comments due by 2-19- comments due by 2-19- NATIONAL AERONAUTICS Health benefits, Federal 02; published 12-18-01 02; published 1-29-02 AND SPACE employees: [FR 01-31162] [FR C2-01339] ADMINISTRATION Health care providers; FEDERAL HOUSING INTERIOR DEPARTMENT Acquisition regulations: debarments and FINANCE BOARD Fish and Wildlife Service Safety and health; suspensions; Affordable Housing Program; comments due by 2-11- administrative sanctions; Endangered and threatened amendments; comments due 02; published 12-13-01 comments due by 2-11- species: by 2-25-02; published 12- [FR 01-30772] 02; published 12-12-01 Findings on petitions, etc.— 27-01 [FR 01-31569] Federal Acquisition Regulation [FR 01-30529] GENERAL SERVICES Miami blue butterfly; (FAR): PERSONNEL MANAGEMENT ADMINISTRATION comments due by 3-4- Hazardous material safety OFFICE Federal Acquisition Regulation 02; published 1-3-02 data; comments due by 3- Pay administration: (FAR): [FR 02-00036] 5-02; published 1-4-02 Administrative appeals judge Hazardous material safety San Miguel Island fox, etc. [FR 02-00117] data; comments due by 3- (4 subspecies of island positions; new pay 5-02; published 1-4-02 fox); comments due by 2- NATIONAL CREDIT UNION system; comments due by [FR 02-00117] 8-02; published 12-10-01 ADMINISTRATION 2-11-02; published 12-11- 01 [FR 01-30530] HEALTH AND HUMAN [FR 01-30188] Credit unions: SERVICES DEPARTMENT Tumbling Creek cavesnail; Organization and PERSONNEL MANAGEMENT Centers for Medicare & comments due by 2-25- operations— OFFICE Medicaid Services 02; published 12-27-01 Chartering and field of Prevailing rate systems; Standards and certification: [FR 01-31306] membership policy; comments due by 2-22-02;
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published 1-23-02 [FR 02- Ports and waterways safety: Cessna; comments due by 02; published 1-4-02 [FR 01605] Boston Harbor et al., MA; 2-11-02; published 12-17- 02-00209] POSTAL SERVICE safety and security zones; 01 [FR 01-30954] MD Helicopters Inc.; Domestic Mail Manual: comments due by 2-28- TRANSPORTATION comments due by 2-15- 02; published 1-18-02 [FR DEPARTMENT 02; published 12-17-01 DBMC rate standard mail 02-01358] [FR 01-31042] and package services Federal Aviation MD Helicopters, Inc.; machinable parcels; Kennebec River, Bath, Administration comments due by 2-25- Buffalo and Pittsburgh Maine; Bath Iron Works; Airworthiness directives: 02; published 12-27-01 postal facilities safety zone; comments CFE Co.; comments due by [FR 01-31556] realignment; comments due by 2-25-02; published 2-19-02; published 12-21- Pilatus Aircraft Ltd.; due by 2-19-02; published 12-26-01 [FR 01-31658] 01 [FR 01-31326] Ouzinkie Harbor, AK; safety comments due by 2-19- 1-17-02 [FR 02-01272] TRANSPORTATION zone; comments due by 02; published 1-2-02 [FR Free matter for blind and DEPARTMENT 01-32151] other physically 2-21-02; published 1-31- Federal Aviation Pratt & Whitney; comments handicapped persons; 02 [FR 02-02276] Administration due by 2-14-02; published eligibility standards; Savannah River, GA; Airworthiness directives: 1-15-02 [FR 02-00905] comments due by 2-4-02; regulated navigation area; published 1-3-02 [FR 02- comments due by 2-12- Dassault; comments due by TRANSPORTATION 00078] 02; published 12-14-01 2-6-02; published 1-2-02 DEPARTMENT [FR 01-32194] Domestic Mail Manual; [FR 01-30840] Federal Aviation TRANSPORTATION Administration Rate, fee, and classification TRANSPORTATION DEPARTMENT changes; comments due DEPARTMENT Airworthiness directives: by 3-1-02; published 1-30- Airline service quality Federal Aviation Pratt & Whitney; comments 02 [FR 02-02177] performance reports: Administration due by 3-4-02; published 1-2-02 [FR 01-31296] SECURITIES AND Causes of airline delays and Airworthiness directives: EXCHANGE COMMISSION cancellations; reporting Dornier; comments due by TRANSPORTATION requirements modification; 3-1-02; published 1-30-02 DEPARTMENT Securities: comments due by 2-25- [FR 02-01821] Federal Aviation Qualified purchaser; 02; published 12-27-01 Administration definition; comments due TRANSPORTATION [FR 01-31725] Airworthiness directives: by 2-25-02; published 12- DEPARTMENT 27-01 [FR 01-31742] TRANSPORTATION Federal Aviation Pratt & Whitney; comments DEPARTMENT Administration due by 3-8-02; published SMALL BUSINESS Federal Aviation 1-7-02 [FR 02-00304] ADMINISTRATION Airworthiness directives: Administration TRANSPORTATION HUBZone program: Fairchild; comments due by Airworthiness directives: 2-19-02; published 12-27- DEPARTMENT Miscellaneous amendments; Agusta S.p.A.; comments 01 [FR 01-31554] Federal Aviation comments due by 2-27- Administration due by 2-8-02; published TRANSPORTATION 02; published 1-28-02 [FR 12-10-01 [FR 01-30211] Airworthiness directives: 02-01834] DEPARTMENT Raytheon; comments due by TRANSPORTATION Federal Aviation SOCIAL SECURITY 2-4-02; published 12-6-01 DEPARTMENT Administration ADMINISTRATION [FR 01-30083] Federal Aviation Airworthiness directives: Social security benefits: TRANSPORTATION Administration Hamilton Sundstrand; Federal old age, survivors, DEPARTMENT Airworthiness directives: comments due by 2-26- and disability insurance— Federal Aviation Air Tractor, Inc.; comments 02; published 12-28-01 Administration Skin disorders; medical due by 2-15-02; published [FR 01-31328] criteria; impairments 12-27-01 [FR 01-31555] Airworthiness directives: listing; comments due TRANSPORTATION Boeing; comments due by Rolls-Royce Corp.; by 2-8-02; published DEPARTMENT 2-11-02; published 12-26- comments due by 2-4-02; 12-10-01 [FR 01-30431] Federal Aviation published 12-4-01 [FR 01- 01 [FR 01-31558] Administration TRANSPORTATION 29950] TRANSPORTATION Airworthiness directives: DEPARTMENT DEPARTMENT TRANSPORTATION Israel Aircraft Industries, DEPARTMENT Coast Guard Federal Aviation Ltd.; comments due by 2- Federal Aviation Civil and criminal penalty Administration 14-02; published 1-15-02 Administration proceedings: Airworthiness directives: [FR 02-00799] Marine violation notices; Airworthiness directives: Boeing; comments due by TRANSPORTATION response options; Rolls-Royce plc; comments 3-4-02; published 1-3-02 DEPARTMENT due by 2-4-02; published comments due by 2-8-02; [FR 02-00148] published 12-10-01 [FR Federal Aviation 12-4-01 [FR 01-29949] 01-30480] TRANSPORTATION Administration TRANSPORTATION DEPARTMENT Drawbridge operations: Airworthiness directives: DEPARTMENT Federal Aviation McDonnell Douglas; Federal Aviation Illinois; comments due by 2- Administration 25-02; published 12-27-01 comments due by 2-4-02; Administration [FR 01-31842] Airworthiness directives: published 12-5-01 [FR 01- Airworthiness directives: Bombardier; comments due 30084] Outer Continental Shelf Rolls-Royce plc.; comments by 2-7-02; published 1-8- activities: TRANSPORTATION due by 3-1-02; published 02 [FR 02-00088] DEPARTMENT 12-31-01 [FR 01-31699] Gulf of Mexico; petroleum and gas production TRANSPORTATION Federal Aviation TRANSPORTATION facilities; safety zones; DEPARTMENT Administration DEPARTMENT comments due by 2-8-02; Federal Aviation Airworthiness directives: Federal Aviation published 12-10-01 [FR Administration McDonnell Douglas; Administration 01-30481] Airworthiness directives: comments due by 2-19- Airworthiness directives:
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Sikorsky; comments due by Class D and Class E4 comments due by 2-11- information; comments 2-19-02; published 12-18- airspace; comments due by 02; published 12-11-01 due by 2-13-02; 01 [FR 01-31041] 2-21-02; published 1-22-02 [FR 01-30488] published 11-15-01 [FR TRANSPORTATION [FR 02-01509] Reimbursement prior to 01-28597] DEPARTMENT Class E airspace; comments recall; comments due TREASURY DEPARTMENT Federal Aviation due by 2-4-02; published 1- by 2-11-02; published Customs Service 4-02 [FR 02-00165] 12-11-01 [FR 01-30487] Administration Air commerce: Class E airspace; correction; Defect and noncompliance Airworthiness directives: Passenger flights in foreign comments due by 2-11-02; reports— Sikorsky; comments due by air transportation to the published 1-23-02 [FR C2- 2-19-02; published 12-20- Recalled tires disposition; United States; passenger 00248] 01 [FR 01-31039] comments due by 2-19- and crew manifests TRANSPORTATION TRANSPORTATION 02; published 12-18-01 requirements; comments DEPARTMENT DEPARTMENT [FR 01-30998] due by 3-1-02; published Federal Aviation Federal Railroad Practice and procedure: 12-31-01 [FR 01-32034] Administration Administration Defects; retention of TREASURY DEPARTMENT Airworthiness directives: Alcohol and drug use control: records, early warning Customs Service reporting requirements; Turbomeca S.A.; comments Random testing and other Articles conditionally free, due by 3-8-02; published requirements application comments due by 2-4-02; published 12-21-01 [FR subject to reduced rates, 1-7-02 [FR 02-00199] to employees of foreign etc.: railroad based outside 01-31382] TRANSPORTATION Wool products; limited U.S. and perform train or Transportation Recall DEPARTMENT refund of duties; dispatching service in Enhancement, comments due by 2-7-02; Federal Aviation U.S.; comments due by 2- Accountability, and published 1-23-02 [FR 02- Administration 11-02; published 12-11-01 Documentation (TREAD) 01664] Airworthiness standards: [FR 01-30184] Act; implementation: TREASURY DEPARTMENT Special conditions— TRANSPORTATION Tire safety information; Avions Marcel Dassault- DEPARTMENT comments due by 2-19- Customs Service Breguet Aviation Model Federal Railroad 02; published 12-19-01 Merchandise entry: Falcon 10 airplanes; Administration [FR 01-30989] Single entry for split comments due by 2-21- TRANSPORTATION shipments; comments due 02; published 1-22-02 Locomotive engineers; qualification and certification: DEPARTMENT by 2-14-02; published 1- [FR 02-01507] 23-02 [FR 02-01602] Miscellaneous amendments; Research and Special TRANSPORTATION comments due by 3-4-02; Programs Administration TREASURY DEPARTMENT DEPARTMENT published 1-2-02 [FR 01- Hazardous materials: Internal Revenue Service Federal Aviation 32049] Administration Hazardous materials Excise taxes: TRANSPORTATION transportation— Airworthiness standards: Liability for insurance DEPARTMENT Cargo tank motor premium; comments due Special conditions— Federal Railroad vehicles; construction by 2-26-02; published 1-7- Dassault Aviation Model Administration and maintenance 02 [FR 02-00325] Mystere-Falcon 200, 20- Railroad workplace safety: requirements; comments Income taxes, etc.: C5, 20-D5, 10-E5, and due by 2-4-02; Statutory stock options; 20-F5 airplanes; Body belts use as published 12-4-01 [FR Federal Insurance comments due by 2-4- components of personal 01-28117] 02; published 1-4-02 fall arrest systems Contributions Act, Federal [FR 02-00247] prohibited; and railroad TRANSPORTATION Unemployment Tax Act, DEPARTMENT and income tax collection Eclipse Aviation Corp. bridge workers; comments at source; application; Model 500 airplane; due by 3-1-02; published Saint Lawrence Seaway comments due by 2-14- comments due by 2-28- 1-15-02 [FR 02-00723] Development Corporation 02; published 11-14-01 02; published 1-29-02 TRANSPORTATION Seaway regulations and rules: [FR 01-28535] [FR 02-02143] DEPARTMENT Ballast water; Great Lakes Fairchild Dornier GmbH Federal Railroad shipping industry codes Income Taxes: Model 728-100 airplane; Administration compliance; comments Consolidated return regulations— comments due by 3-8- U.S. rail operations; U.S. due by 2-25-02; published 02; published 1-22-02 locational requirement for 1-24-02 [FR 02-01752] Non-applicability of section [FR 02-01506] dispatching; comments due TRANSPORTATION 357(c) in consolidated Class B airspace; comments by 2-11-02; published 12- DEPARTMENT group; comments due by 2-28-02; published due by 3-1-02; published 11-01 [FR 01-30185] Transportation Security 11-14-01 [FR 01-28409] 12-31-01 [FR 01-32007] TRANSPORTATION Administration Income taxes: Class C airspace; comments DEPARTMENT Passenger civil aviation due by 3-8-02; published 1- National Highway Traffic security service fees; Corporate statutory mergers 22-02 [FR 02-01373] Safety Administration imposition and collection; and consolidations; Class D airspace; comments definition and public Fuel economy standards: comments due by 3-1-02; due by 2-17-02; published published 12-31-01 [FR 01- hearing; comments due 1-16-02 [FR 02-01007] Light trucks; 2004 model 32254] by 2-20-02; published 11- year; comments due by 2- Class D airspace; correction; 15-01 [FR 01-28670] 25-02; published 1-24-02 TREASURY DEPARTMENT comments due by 2-17-02; Credit for increasing [FR 02-01675] Alcohol, Tobacco and published 1-23-02 [FR C2- research activities; Firearms Bureau 01007] Motor vehicle safety comments due by 3-6-02; standards: Firearms: Class D and Class E published 12-26-01 [FR airspace; comments due by Defect and noncompliance— Commerce in explosives— 01-31007] 2-11-02; published 1-7-02 Manufacturer’s remedy Arson and explosives; New markets tax credit; [FR 02-00252] program; acceleration; national repository for cross-reference;
VerDate 11-MAY-2000 19:41 Jan 30, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 4712 Sfmt 4711 E:\FR\FM\31JACU.LOC pfrm07 PsN: 31JACU Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Reader Aids ix
comments due by 2-25- Nonfinancial trades or by 2-11-02; published 12- 02; published 12-26-01 businesses; reporting 12-01 [FR 01-30612] [FR 01-31529] requirements; comments Public Laws Electronic Procedure and administration: due by 3-1-02; VETERANS AFFAIRS Notification Service Returns and return published 12-31-01 [FR DEPARTMENT (PENS) information disclosure by 01-31847] Medical benefits: other agencies; cross- Bank Secrecy Act; reference; comments due regulations— Inpatient hospital care and PENS is a free electronic mail by 2-14-02; published 12- Suspicious transactions; outpatient medical care; 13-01 [FR 01-30620] reporting by brokers notification service of newly copayments; comments enacted public laws. To TREASURY DEPARTMENT and dealers; comments due by 2-4-02; published due by 3-1-02; subscribe, go to http:// Counter money laundering 12-6-01 [FR 01-30182] hydra.gsa.gov/archives/ requirements: published 12-31-01 [FR 01-31850] publaws-l.html or send E-mail Bank Secrecy Act; to [email protected] VETERANS AFFAIRS implementation— with the following text DEPARTMENT LIST OF PUBLIC LAWS Foreign shell banks, message: correspondent accounts; Adjudication; pensions, compensation, dependency, and foreign banks, Note: The List of Public Laws SUBSCRIBE PUBLAWS-L etc.: correspondent accounts for the first session of the Your Name. recordkeeping and Filipino veterans’ benefits 107th Congress has been improvements; comments termination; comments completed. It will resume Note: PENS will resume due by 2-25-02; published due by 2-11-02; when bills are enacted into service when bills are enacted 12-27-01 [FR 01-31828] published 12-28-01 [FR public law during the next into law during the next 01-31849] VETERANS AFFAIRS session of Congress. A session of Congress. This Currency and foreign DEPARTMENT cumulative List of Public Laws service is strictly for E-mail transactions; financial Adjudication; pensions, for the first session of the notification of new laws. The reporting and recordkeeping compensation, dependency, 107th Congress will appear in text of laws is not available requirements: etc.: the issue of February 1, 2002. through this service. PENS Bank Secrecy Act; Independent medical cannot respond to specific implementation— opinions; comments due Last List January 28, 2002 inquiries sent to this address.
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