4–11–03 Friday Vol. 68 No. 70 Apr. 11, 2003 Pages 17727–17876
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1 II Federal Register / Vol. 68, No. 70 / Friday, April 11, 2003
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 202–741–6005 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 202–741–6005 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http:// www.archives.gov/federallregister/. 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: 68 FR 12345.
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2 III
Contents Federal Register Vol. 68, No. 70
Friday, April 11, 2003
Agriculture Department Copyright Office, Library of Congress See Animal and Plant Health Inspection Service NOTICES See Farm Service Agency Copyright royalty funds: See Forest Service Cable statutory license (1998 and 1999); Phase I distribution, 17838–17839 Air Force Department Defense Department NOTICES See Air Force Department Agency information collection activities; proposals, See Defense Logistics Agency submissions, and approvals, 17784–17786 NOTICES Environmental statements; notice of intent: Alcohol and Tobacco Tax and Trade Bureau Ballistic missile defense system, 17784 PROPOSED RULES Electronic signatures; electronic submission of forms, Defense Logistics Agency 17760–17763 NOTICES Environmental statements; availability, etc.: Mercury management, 17786–17787 Animal and Plant Health Inspection Service PROPOSED RULES Education Department Animal welfare: NOTICES Medical records maintenance, 17752–17755 Meetings: Tribal Colleges and Universities, President’s Advisory Blind or Severely Disabled, Committee for Purchase From Board, 17787–17788 People Who Are Privacy Act: See Committee for Purchase From People Who Are Blind Computer matching programs, 17788–17789 or Severely Disabled Employment and Training Administration NOTICES Children and Families Administration Adjustment assistance: NOTICES Blandin Paper Co., 17832 Agency information collection activities; proposals, Blue Bird Corp., 17832–17833 submissions, and approvals, 17815 CSI Employment Services, 17833 CSI Ltd. Inc., 17833 Coast Guard Mason Shoe Manufacturing Co., 17833 RULES Siemens Energy & Automation et al., 17833–17836 Ports and waterways safety: Successful Futures, 17836 Commencement Bay, Tacoma, WA; Olympic View Temp Associates, 17836 Resource Area Superfund Cleanup Site; regulated Victor Forstmann, Inc., 17836 navigation area, 17734–17736 Adjustment assistance and NAFTA transitional adjustment Puget Sound, WA; tank ships protection; security zone, assistance: 17733 Regal Plastics, LLC, et al, 17830–17832 San Onofre, San Diego County, CA; security zone, 17736– NAFTA transitional adjustment assistance: 17738 Nutramax Oral Care, 17836–17837 Employment Standards Administration Commerce Department NOTICES See Industry and Security Bureau Minimum wages for Federal and federally-assisted See International Trade Administration construction; general wage determination decisions, See National Oceanic and Atmospheric Administration 17837–17838
Committee for Purchase From People Who Are Blind or Energy Department Severely Disabled See Federal Energy Regulatory Commission NOTICES Environmental Protection Agency Procurement list; additions and deletions, 17770–17771 RULES Procurement list; additions and deletions; correction, 17771 Air pollution control; new motor vehicles and engines: Nonroad diesel engines; nonroad engine definition, Comptroller of the Currency 17741–17748 NOTICES Air programs; approval and promulgation; State plans for Reports and guidance documents; availability, etc.: designated facilities and pollutants: Sound Practices to Strengthen Resilience of U.S. West Virginia, 17738–17741 Financial System; interagency white paper, 17809– Hazardous waste program authorizations: 17814 Tennessee, 17748–17750
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PROPOSED RULES Electric rate and corporate regulation filings: Air pollution control; new motor vehicles and engines: Ingenco Wholesale Power, L.L.C., et al., 17793–17795 Nonroad diesel engines; nonroad engine definition, Meetings: 17763–17767 Electric quarterly reports; workshop, 17795–17796 Air programs; approval and promulgation; State plans for Natural gas price formation; staff technical conference, designated facilities and pollutants: 17796–17797 West Virginia, 17763 Applications, hearings, determinations, etc.: Hazardous waste program authorizations: ANR Pipeline Co., 17790 Tennessee, 17767–17768 Columbia Gulf Transmission Co., 17790–17791 NOTICES Enbridge Pipelines (KPC), 17791 Committees; establishment, renewal, termination, etc.: Augusta Canal Hydro Power Project, 17790 Science Advisory Board, 17797–17800 Natural Gas Pipeline Co. of America, 17791–17792 Environmental statements; availability, etc.: Questar Pipeline Co., 17792 Agency statements— Texas Eastern Transmission, LP, 17792 Comment availability, 17800–17801 Transcontinental Gas Pipe Line Corp., 17792–17793 Weekly receipts, 17801–17802 Meetings: Federal Reserve System Science Advisory Board, 17802–17804 NOTICES Scientific Counselors Board Executive Committee, 17804– Banks and bank holding companies: 17805 Change in bank control, 17808 Pesticides; experimental use permits, etc.: Formations, acquisitions, and mergers, 17808 Nutra-Park Inc., 17805–17807 Reports and guidance documents; availability, etc.: Sound Practices to Strengthen Resilience of U.S. Executive Office of the President Financial System; interagency white paper, 17809– See Presidential Documents 17814 Farm Service Agency Federal Transit Administration NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 17769–17770 Baltimore, MD; Green Line Corridor Transit Project, 17853–17855 Federal Aviation Administration Baltimore, MD; Red Line Corridor Transit Project, 17855– RULES 17857 Air traffic operating and flight rules, etc.: Iraq; flights within territory and airspace; prohibition; Forest Service technical amendment, 17869–17870 NOTICES Airworthiness directives: Meetings: Rolls-Royce Deutschland Ltd. & Co. KG, 17727–17729 Resource Advisory Councils— Class D and Class E airspace, 17729–17730 Siskiyou County, 17770 IFR altitudes, 17730–17733 PROPOSED RULES Health and Human Services Department Airworthiness directives: See Children and Families Administration Aerospatiale, 17755–17757 See Health Resources and Services Administration Airbus, 17757–17759 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Communications Commission Administration NOTICES Agency information collection activities; proposals, Health Resources and Services Administration submissions, and approvals, 17807–17808 NOTICES Agency information collection activities; proposals, Federal Emergency Management Agency submissions, and approvals, 17815–17816 NOTICES Grants and cooperative agreements; availability, etc.: Disaster and emergency areas: National Health Service Corps Loan Repayment Program, Arizona, 17820 17816 Kentucky, 17820–17821 New York, 17821 Homeland Security Department North Carolina, 17821–17822 See Coast Guard Ohio, 17822 See Federal Emergency Management Agency Rhode Island, 17822 Virginia, 17822–17823 Housing and Urban Development Department West Virginia, 17823–17824 NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Federal Radiological Preparedness Coordinating Facilities to assist homeless— Committee, 17824 Excess and surplus Federal property, 17824–17826 Federal Energy Regulatory Commission Industry and Security Bureau NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 17789–17790 submissions, and approvals, 17771–17772
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Interior Department National Institutes of Health See Land Management Bureau NOTICES See Minerals Management Service Agency information collection activities; proposals, See National Park Service submissions, and approvals, 17816–17817 Meetings: Internal Revenue Service National Cancer Institute, 17817–17818 PROPOSED RULES National Institute of Environmental Health Sciences, Income taxes: 17818 Corporate statutory mergers and consolidations ; Scientific Review Center, 17818–17819 definition and public hearing; cross-reference, 17759–17760 National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities; proposals, Fishery conservation and management: submissions, and approvals, 17860–17863 Alaska; fisheries of Exclusive Economic Zone— Pollock, 17750–17751 International Trade Administration NOTICES NOTICES Marine mammals: Antidumping: Incidental taking; authorization letters, etc.— Industrial nitrocellulose from— Lamont-Doherty Earth Observatory; northern Gulf of United Kingdom, 17772–17773 Mexico; marine seismic testing; cetaceans, 17773– 17783 Justice Department Meetings: NOTICES International Commission for Conservation of Atlantic Grants and cooperative agreements; availability, etc.: Tunas, U.S. Section Advisory Committee, 17783– Law Enforcement Agencies; Sample Survey, 17828–17829 17784
Labor Department National Park Service See Employment and Training Administration NOTICES See Employment Standards Administration Meetings: NOTICES Delaware Water Gap National Recreation Area Citizen Agency information collection activities; proposals, Advisory Commission; correction, 17827–17828 submissions, and approvals, 17829–17830 Meetings: National Science Foundation 21st Century Workforce, President’s Council, et al., 17830 NOTICES Organization, functions, and authority delegations: Agency information collection activities; proposals, Assistant Secretary for Public Affairs et al.; Department submissions, and approvals, 17840 Internet and Intranet web sites, 17865–17868 Nuclear Regulatory Commission Land Management Bureau NOTICES NOTICES Environmental statements; availability, etc.: Environmental statements; availability, etc.: BASF Corp., 17840–17841 Toquop Energy Project, NV, 17826–17827 Radiac Research Corp., 17841 Library of Congress Presidential Documents See Copyright Office, Library of Congress PROCLAMATIONS Minerals Management Service Special observances: NOTICES National Former Prisoner of War Recognition Day (Proc. Outer Continental Shelf operations: 7660), 17871–17874 Oil and gas lease sales— National D.A.R.E. Day (Proc. 7661), 17875–17876 Restricted joint bidders list, 17827 Railroad Retirement Board National Aeronautics and Space Administration NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 17841–17842 Aerospace Safety Advisory Panel, 17839 Securities and Exchange Commission National Communications System NOTICES NOTICES Investment Company Act of 1940: Meetings: Order applications— Telecommunications Service Priority System Oversight Principal Life Insurance Co. et al., 17842–17848 Committee, 17839–17840 Meetings; Sunshine Act, 17848 Reports and guidance documents; availability, etc.: National Highway Traffic Safety Administration Sound Practices to Strengthen Resilience of U.S. NOTICES Financial System; interagency white paper, 17809– Meetings: 17814 NexL Sports Products motorcycle helmets failing to Self-regulatory organizations; proposed rule changes: comply with Federal motor vehicle safety standards; National Association of Securities Dealers, Inc., 17849– initial decision, 17857–17858 17850
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National Securities Clearing Corp., 17850–17851 See Comptroller of the Currency See Internal Revenue Service Social Security Administration NOTICES NOTICES Agency information collection activities; proposals, Privacy Act: submissions, and approvals, 17858–17860 Computer matching programs, 17851–17852 Meetings: Debt Management Advisory Committee, 17860 State Department NOTICES Art objects; importation for exhibition: Kazimir Malevich: Suprematism, 17852–17853 Separate Parts In This Issue Substance Abuse and Mental Health Services Administration Part II NOTICES Labor Department, 17865–17868 Agency information collection activities; proposals, submissions, and approvals, 17819 Part III Meetings: Transportation Department, Federal Aviation SAMHSA National Advisory Council, 17819–17820 Administration, 17869–17870 Surface Transportation Board NOTICES Part IV Railroad operation, acquisition, construction, etc.: Executive Office of the President, Presidential Documents, Canadian Pacific Railway, 17858 17871–17876 Transportation Department See Federal Aviation Administration Reader Aids See Federal Transit Administration Consult the Reader Aids section at the end of this issue for See National Highway Traffic Safety Administration phone numbers, online resources, finding aids, reminders, See Surface Transportation Board NOTICES and notice of recently enacted public laws. Aviation proceedings: To subscribe to the Federal Register Table of Contents Agreements filed; weekly receipts, 17853 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Alcohol and Tobacco Tax and Trade Bureau 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.
9 CFR Proposed Rules: 2...... 17752 14 CFR 39...... 17727 71...... 17729 91...... 17870 95...... 17730 Proposed Rules: 39 (2 documents) ...... 17755, 17757 26 CFR Proposed Rules: 1...... 17759 27 CFR Proposed Rules: 73...... 17760 33 CFR 165 (3 documents) ...... 17733, 17734, 17736 40 CFR 62...... 17738 89...... 17741 271...... 17748 Proposed Rules: 62...... 17763 89...... 17763 271...... 17767 50 CFR 679...... 17750
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Rules and Regulations Federal Register Vol. 68, No. 70
Friday, April 11, 2003
This section of the FEDERAL REGISTER detect cracks in the fan disc, that could BR700–710A1–10 turbofan engines with contains regulatory documents having general result in an uncontained engine failure fan disc P/Ns BRR18803, BRR19248, or applicability and legal effect, most of which and damage to the airplane. BRR20791 installed, and BR700– are keyed to and codified in the Code of DATES: Effective April 28, 2003. The 710A2–20 turbofan engines with fan Federal Regulations, which is published under discs P/Ns BRR19248 or BRR20791 50 titles pursuant to 44 U.S.C. 1510. incorporation by reference of certain publications listed in the rule is installed. The LBA received several The Code of Federal Regulations is sold by approved by the Director of the Federal reports of cracks in fan discs, in the the Superintendent of Documents. Prices of Register as of April 28, 2003. dovetail area. RRD determined that new books are listed in the first FEDERAL Comments for inclusion in the Rules these cracks were caused by high-cycle REGISTER issue of each week. Docket must be received on or before fatigue, and that time predictions and June 10, 2003. cycle predictions for crack initiation ADDRESSES: Submit comments in could not be accurately determined. DEPARTMENT OF TRANSPORTATION triplicate to the Federal Aviation Investigation by RRD has been ongoing. Administration (FAA), New England That condition, if not corrected, could Federal Aviation Administration Region, Office of the Regional Counsel, result in an uncontained engine failure Attention: Rules Docket No. 2000–NE– and damage to the airplane. 14 CFR Part 39 48–AD, 12 New England Executive Park, Since that AD was issued, RRD has [Docket No. 2000–NE–48–AD; Amendment Burlington, MA 01803–5299. Comments reevaluated results from a fleet-wide 39–13107; AD 2003–07–11] may be inspected at this location, by inspection campaign, has reevaluated appointment, between 8 a.m. and 4:30 the existing repetitive inspection RIN 2120–AA64 p.m., Monday through Friday, except interval requirements, and has issued SB No. SB–BR700–72–900229, Revision Airworthiness Directives; Rolls-Royce Federal holidays. Comments may also be sent via the Internet using the 5, dated January 8, 2003. Deutschland Ltd & Co KG Models following address: 9-ane- BR700–710A1–10 and BR700–710A2– Manufacturer’s Service Information [email protected]. Comments sent 20 Turbofan Engines via the Internet must contain the docket RRD has issued SB No. SB–BR700– 72–900229, Revision 5, dated January 8, AGENCY: number in the subject line. Federal Aviation 2003, that specifies procedures for Administration, DOT. The service information referenced in this AD may be obtained from Rolls- removing any dry film lubricant coating ACTION: Final rule; request for from the front face of the fan disc to comments. Royce Deutschland Ltd & Co KG, Eschenweg 11, D–15827 DAHLEWITZ, improve visual inspections, and initial and repetitive inspections for cracks in SUMMARY: This amendment supersedes Germany, telephone: International Access Code 011, Country Code 49, 33 fan discs. The LBA classified this an existing airworthiness directive (AD), service bulletin as mandatory and that is applicable to Rolls-Royce 7086–2935, fax: International Access Code 011, Country Code 49, 33 7086– issued AD 2000–348, Revision 5, dated Deutschland Ltd & Co KG (RRD) March 6, 2003, in order to ensure the (formerly Rolls-Royce Deutschland 3276. This information may be examined, by appointment, at the FAA, airworthiness of these RRD models GmbH, formerly BMW Rolls-Royce BR700–710A1–10 turbofan engines and GmbH) models BR700–710A1–10 New England Region, Office of the Regional Counsel, 12 New England BR700–710A2–20 turbofan engines in turbofan engines with fan disc part Germany. numbers (P/Ns) BRR18803, BRR19248, Executive Park, Burlington, MA; or at or BRR20791 installed, and BR700– the Office of the Federal Register, 800 Differences Between This AD and the 710A2–20 turbofan engines with fan North Capitol Street, NW., suite 700, Manufacturer’s Service Information discs P/Ns BRR19248 or BRR20791 Washington, DC. Although the visual inspection installed. That AD currently requires FOR FURTHER INFORMATION CONTACT: requirements of RRD SB No. SB–BR700– initial and repetitive inspections of James Lawrence, Aerospace Engineer, 72–900229, Revision 5, dated January 8, these fan discs for cracks, and if Engine Certification Office, FAA, Engine 2003, do not specifically define the pass necessary replacement with serviceable and Propeller Directorate, 12 New or fail criteria for fan discs, this AD parts. This amendment requires the England Executive Park, Burlington, MA specifically instructs the rejection of fan same inspections but with longer 01803–5299; telephone: 781–238–7176, discs that have visual cracks. FAA intervals between repetitive inspections fax: 781–238–7199. communication with RRD has under certain conditions, and requires SUPPLEMENTARY INFORMATION: On March confirmed that the intent of the service removal of any dry film lubricant 1, 2001, the FAA issued AD 2001–05– bulletin is to require the owner or coating from the front face of the fan 06, Amendment 39–12142 (66 FR operator to default to appropriate disc for visual inspections. This 14826, March 14, 2001), to require maintenance manuals for pass or fail amendment is prompted by reevaluation initial and repetitive inspections of fan criteria. A subsequent review of the by RRD of results from a fleet-wide discs for cracks, and if necessary maintenance manuals by the FAA has inspection campaign, reevaluation of replacement with serviceable parts. The confirmed that no cracks are allowed in existing repetitive inspection interval Luftfahrt-Bundesamt (LBA), which is the fan discs. requirements, and by a revised service the airworthiness authority for bulletin (SB) that introduces improved Germany, notified the FAA that an Bilateral Airworthiness Agreement inspection procedures. The actions unsafe condition may exist on Rolls- This engine model is manufactured in specified by this AD are intended to Royce Deutschland Ltd & Co KG models Germany and is type certificated for
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operation in the United States under the additional rulemaking action would be PART 39—AIRWORTHINESS provisions of § 21.29 of the Federal needed. DIRECTIVES Aviation Regulations (14 CFR 21.29) Comments are specifically invited on ■ and the applicable bilateral the overall regulatory, economic, 1. The authority citation for part 39 airworthiness agreement. Pursuant to environmental, and energy aspects of continues to read as follows: this bilateral airworthiness agreement, the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. the LBA has kept the FAA informed of modify the rule. All comments § 39.13 [Amended] the situation described above. The FAA submitted will be available, both before has examined the findings of the LBA, and after the closing date for comments, ■ 2. Section 39.13 is amended by reviewed all available information, and in the Rules Docket for examination by removing Amendment 39–12142 (66 FR determined that AD action is necessary interested persons. A report that 14826, March 14, 2001) and by adding a for products of this type design that are summarizes each FAA-public contact new airworthiness directive, Amend- certificated for operation in the United concerned with the substance of this AD ment 39–13107, to read as follows: States. will be filed in the Rules Docket. 2003–07–11 Rolls-Royce Deutschland Ltd & Commenters wishing the FAA to Co KG: Amendment 39–13107. Docket FAA’s Determination of an Unsafe No. 2000–NE–48–AD. Supersedes AD Condition and Required Actions acknowledge receipt of their comments submitted in response to this action 2001–05–06, Amendment 39–12142. Since an unsafe condition has been must submit a self-addressed, stamped Applicability: This airworthiness directive identified that is likely to exist or postcard on which the following (AD) is applicable to Rolls-Royce Deutschland Ltd & Co KG (RRD) (formerly develop on other RRD models BR700– statement is made: ‘‘Comments to Rolls-Royce Deutschland GmbH, formerly 710A1–10 turbofan engines and BR700– Docket Number 2000–NE–48–AD.’’ The BMW Rolls-Royce GmbH) models BR700– 710A2–20 turbofan engines of the same postcard will be date stamped and 710A1–10 turbofan engines with fan disc part type design, this AD requires for fan returned to the commenter. numbers (P/Ns) BRR18803, BRR19248, or discs listed in this AD, removal of any BRR20791 installed, and BR700–710A2–20 dry film lubricant coating from the fan Regulatory Analysis turbofan engines with fan discs P/Ns disc front face to improve visual This final rule does not have BRR19248 or BRR20791 installed. These inspections and initial and repetitive federalism implications, as defined in engines are installed on, but not limited to Bombardier Inc. BD–700–1A10, and inspections for cracks. The actions must Executive Order 13132, because it Gulfstream Aerospace Corp. G–V series be done in accordance with the service would not have a substantial direct airplanes. bulletin described previously. effect on the States, on the relationship Note 1: This AD applies to each engine between the national government and Interim Action identified in the preceding applicability the States, or on the distribution of provision, regardless of whether it has been These actions are interim actions and power and responsibilities among the modified, altered, or repaired in the area we may take further rulemaking actions various levels of government. subject to the requirements of this AD. For in the future. Accordingly, the FAA has not consulted engines that have been modified, altered, or with state authorities prior to repaired so that the performance of the Immediate Adoption of This AD requirements of this AD is affected, the publication of this final rule. owner/operator must request approval for an Since a situation exists that requires The FAA has determined that this alternative method of compliance in the immediate adoption of this regulation is an emergency regulation accordance with paragraph (h) of this AD. regulation, it is found that notice and that must be issued immediately to The request should include an assessment of opportunity for prior public comment correct an unsafe condition in aircraft, the effect of the modification, alteration, or hereon are impracticable, and that good and is not a ‘‘significant regulatory repair on the unsafe condition addressed by action’’ under Executive Order 12866. It this AD; and, if the unsafe condition has not cause exists for making this amendment been eliminated, the request should include effective in less than 30 days. has been determined further that this specific proposed actions to address it. action involves an emergency regulation Comments Invited Compliance: Compliance with this AD is under DOT Regulatory Policies and required as indicated, unless already done. Although this action is in the form of Procedures (44 FR 11034, February 26, To detect cracks in the fan disc that could a final rule that involves requirements 1979). If it is determined that this result in an uncontained engine failure and affecting flight safety and, thus, was not emergency regulation otherwise would damage to the airplane, do the following: preceded by notice and an opportunity be significant under DOT Regulatory Initial Inspection for public comment, comments are Policies and Procedures, a final invited on this rule. Interested persons regulatory evaluation will be prepared Engines With Fan Discs P/Ns BRR18803 and are invited to comment on this rule by and placed in the Rules Docket. A copy BRR19248 Installed submitting such written data, views, or of it, if filed, may be obtained from the (a) For BR700–710A1–10 engines with fan arguments as they may desire. Rules Docket at the location provided discs, P/Ns BRR18803 and BRR19248 Communications should identify the under the caption ADDRESSES. installed, and BR700–710A2–20 engines with fan discs, P/N BRR19248 installed, do the Rules Docket number and be submitted List of Subjects in 14 CFR Part 39 following: in triplicate to the address specified (1) If the last fan disc inspection was a under the caption ADDRESSES. All Air transportation, Aircraft, Aviation visual inspection performed using RRD SB communications received on or before safety, Incorporation by reference, No. SB–BR700–900229, Revision 3, dated the closing date for comments will be Safety. July 12, 2001, Revision 4, dated December 20, 2001, or Revision 5, dated January 8, 2003, considered, and this rule may be Adoption of the Amendment amended in light of the comments visually or ultrasonically inspect fan disc received. Factual information that ■ Accordingly, pursuant to the authority within 25 flight cycles-since-last inspection (CSLI), in accordance with paragraphs A supports the commenter’s ideas and delegated to me by the Administrator, through F of the applicable Part 1 or Part 2 suggestions is extremely helpful in the Federal Aviation Administration of the Accomplishment Instructions of RRD evaluating the effectiveness of the AD amends part 39 of the Federal Aviation SB No. SB–BR700–900229, Revision 5, dated action and determining whether Regulations (14 CFR part 39) as follows: January 8, 2003.
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(2) If the last fan disc inspection was an fan disc within 25 flight cycles after the from Rolls-Royce Deutschland Ltd & Co KG, ultrasonic inspection performed using RRD effective date of this AD, in accordance with Eschenweg 11, D–15827 DAHLEWITZ, SB No. SB–BR700–900229, Revision 3, dated paragraphs A through F of the applicable Part Germany, telephone: International Access July 12, 2001, Revision 4, dated December 20, 1 or Part 2 of the Accomplishment Code 011, Country Code 49, 33 7086–2935, 2001, or Revision 5, dated January 8, 2003, Instructions of RRD SB No. SB–BR700– fax: International Access Code 011, Country visually or ultrasonically inspect fan disc 900229, Revision 5, dated January 8, 2003. Code 49, 33 7086–3276. Copies may be within 75 CSLI, in accordance with (3) If any cracks are found, remove disc inspected at the FAA, New England Region, paragraphs A through F of the applicable Part from service and replace with a serviceable Office of the Regional Counsel, 12 New 1 or Part 2 of the Accomplishment disc. England Executive Park, Burlington, MA; or Instructions of RRD SB No. SB–BR700– at the Office of the Federal Register, 800 900229, Revision 5, dated January 8, 2003. Repetitive Inspections North Capitol Street, NW., suite 700, (3) For engines that have not yet been (d) Except for engines listed in paragraph Washington, DC. inspected, visually or ultrasonically inspect (e) of this AD, perform repetitive inspections Note 3: The subject of this AD is addressed fan disc within 25 flight cycles after the using the criteria in paragraphs (a) through in LBA AD 2000–348, Revision 5, dated effective date of this AD, in accordance with (b)(4), and (f) of this AD. March 6, 2003. paragraphs A through F of the applicable Part (e) For BR700–710A1–10 engines with SNs 1 or Part 2 of the Accomplishment 11453 and higher, and BR700–710A2–20 Effective Date Instructions of RRD SB No. SB–BR700– engines with SNs 12353 and higher with fan 900229, Revision 5, dated January 8, 2003. (k) This amendment becomes effective on discs P/N BRR20791 installed, perform April 28, 2003. (4) If any cracks are found, remove disc repetitive inspections using the criteria in from service and replace with a serviceable paragraphs (c) through (c)(3), and (f) of this Issued in Burlington, Massachusetts, on disc. AD. April 1, 2003. Engines With Fan Discs P/N BRR20791 (f) For all discs, perform a visual and Jay J. Pardee, Installed ultrasonic inspection before accumulating Manager, Engine and Propeller Directorate, 500 CSN, in accordance with paragraphs A Aircraft Certification Service. (b) For BR700–710A1–10 engines with through F of the applicable Part 1 or Part 2 [FR Doc. 03–8327 Filed 4–10–03; 8:45 am] serial numbers (SNs) 11452 and lower, and of the Accomplishment Instructions of RRD BR700–710A2–20 engines with SNs 12352 SB No. SB–BR700–900229, Revision 5, dated BILLING CODE 4910–13–P and lower, with fan discs P/N BRR20791 January 8, 2003. installed, do the following: (g) Thereafter, for all discs, perform a (1) If the last fan disc inspection was a visual and an ultrasonic inspection before DEPARTMENT OF TRANSPORTATION visual inspection performed using RRD SB accumulating 500 cycles-since-the last visual No. SB–BR700–900229, Revision 3, dated and ultrasonic inspections. Federal Aviation Administration July 12, 2001, Revision 4, dated December 20, 2001, or Revision 5, dated January 8, 2003, Inspection Reporting Requirements 14 CFR Part 71 visually or ultrasonically inspect fan disc (g) Report defects in accordance with the within 25 CSLI, in accordance with applicable Part 1 or Part 2 of RRD SB No. SB– [Docket No. FAA–2002–14348; Airspace paragraphs A through F of the applicable Part BR700–900229, Revision 5, dated January 8, Docket No. 03–ACE–5] 1 or Part 2 of the Accomplishment 2003. Reporting requirements have been Instructions of RRD SB No. SB–BR700– approved by the Office of Management and Establishment of Class E Surface Area 900229, Revision 5, dated January 8, 2003. Budget (OMB) and assigned OMB control Airspace; and Modification of Class D (2) If the last fan disc inspection was an number 2120–0056. Airspace; Topeka, Forbes Field, KS ultrasonic inspection performed using RRD SB No. SB–BR700–900229, Revision 3, dated Alternative Methods of Compliance AGENCY: Federal Aviation July 12, 2001, Revision 4, dated December 20, (h) An alternative method of compliance or Administration (FAA), DOT. 2001, or Revision 5, dated January 8, 2003, adjustment of the compliance time that ACTION: Final rule. visually or ultrasonically inspect fan disc provides an acceptable level of safety may be within 150 CSLI, in accordance with used if approved by the Manager, Engine SUMMARY: This document establishes a paragraphs A through F of the applicable Part Certification Office (ECO). Operators must 1 or Part 2 of the Accomplishment Class E surface area at Topeka, Forbes submit their request through an appropriate Instructions of RRD SB No. SB–BR700– Field, KS for those times when the air FAA Principal Maintenance Inspector, who 900229, Revision 5, dated January 8, 2003. traffic control tower (ATCT) is closed. It may add comments and then send it to the (3) For engines that have not yet been also modifies the Class D airspace at Manager, ECO. inspected, visually or ultrasonically inspect Topeka, Forbes Field, KS. fan disc within 25 flight cycles after the Note 2: Information concerning the existence of approved alternative methods of EFFECTIVE DATE: 0901 UTC, May 15, effective date of this AD, in accordance with 2003. paragraphs A through F of the applicable Part compliance with this airworthiness directive, 1 or Part 2 of the Accomplishment if any, may be obtained from the ECO. FOR FURTHER INFORMATION CONTACT: Instructions of RRD SB No. SB–BR700– Kathy Randolph, Air Traffic Division, Special Flight Permits 900229, Revision 5, dated January 8, 2003. Airspace Branch, ACE–520C, DOT (4) If any cracks are found, remove disc (i) Special flight permits may be issued in Regional Headquarters Building, Federal from service and replace with a serviceable accordance with §§ 21.197 and 21.199 of the Aviation Administration, 901 Locust, disc. Federal Aviation Regulations (14 CFR 21.197 (c) For BR700–710A1–10 engines with SNs and 21.199) to operate the airplane to a Kansas City, MO 64106; telephone: 11453 and higher, and BR700–710A2–20 location where the requirements of this AD (816) 329–2525. engines with SNs 12353 and higher with fan can be done. SUPPLEMENTARY INFORMATION: discs P/N BRR20791 installed, do the following: Documents That Have Been Incorporated by History Reference (1) Visually or ultrasonically inspect fan On Monday, February 10, 2003, the discs within 150 flight cycles-since-new (j) The inspection must be done in FAA proposed to amend 14 CFR part 71 (CSN), in accordance with paragraphs A accordance with Rolls-Royce Deutschland to establish a Class E surface area and Ltd & Co KG Service Bulletin No. SB–BR700– through F of the applicable Part 1 or Part 2 to modify Class D airspace at Topeka, of the Accomplishment Instructions of RRD 72–900229, Revision 5, dated January 8, SB No. SB–BR700–900229, Revision 5, dated 2003. This incorporation by reference was Forbes Field, KS (68 FR 6677). The January 8, 2003. approved by the Director of the Federal proposal was to establish a Class E (2) For engines that have not yet been Register in accordance with 5 U.S.C. 552(a) surface area at Topeka, Forbes Field, KS inspected, visually or ultrasonically inspect and 1 CFR part 51. Copies may be obtained for those times when the air traffic
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control tower (ATCT) is closed. It also PART 71—DESIGNATION OF CLASS A, ACTION: Final rule. proposed to modify the Class D airspace CLASS B, CLASS C, CLASS D, AND and its legal description by CLASS E AIRSPACE AREAS; SUMMARY: This amendment adopts incorporating the revised Topeka, AIRWAYS; ROUTES; AND REPORTING miscellaneous amendments to the Forbes Field, KS airport reference point. POINTS required IFR (instrument flight rules) Interested parties were invited to altitudes and changeover points for ■ participate in this rulemaking 1. The authority citation for part 71 certain Federal airways, jet routes, or proceeding by submitting written continues to read as follows: direct routes for which a minimum or comments on the proposal to the FAA. Authority: 49 U.S.C. 106(g); 40103, 40113, maximum en route authorized IFR No comments objecting to the proposal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– altitude is prescribed. This regulatory were received. 1963 Comp., p. 389. action is needed because of changes occurring in the National Airspace Class E airspace areas designated as § 71.1 [Amended] System. These changes are designed to surface areas are published in paragraph ■ 2. The incorporation by reference in 14 provide for the safe and efficient use of 6002 of FAA Order 7400.9K, dated CFR 71.1 of Federal Aviation Adminis- the navigable airspace under instrument August 30, 2002, and effective tration Order 7400.9K, Airspace Designa- conditions in the affected areas. September 16, 2002, which is tions and Reporting Points, dated August EFFECTIVE DATE: 0901 UTC, May 15, incorporated by reference in 14 CFR 30, 2002, and effective September 16, 2003. 71.1. Class D airspace areas are 2002, is amended as follows: published in paragraph 5000 of the FOR FURTHER INFORMATION CONTACT: same FAA Order. The Class E and Class Paragraph 6002 Class E Airspace Donald P. Pate, Flight Procedure D airspace designations listed in this Designated as Surface Areas. Standards Branch (AMCAFS–420), document will be published * * * * * Flight Technologies and Programs Division, Flight Standards Service, subsequently in the Order. ACE KS E2 Topeka, Forbes Field, KS Federal Aviation Administration, Mike The Rule Topeka, Forbes Field, KS ° ′ ″ ° ′ ″ Monroney Aeronautical Center, 6500 (Lat. 38 57 03 N., long. 95 39 49 W.) South MacArthur Blvd., Oklahoma City, This amendment to part 71 of the Within a 4.6-mile radius of Forbes Field. OK 73169. (Mail Address: P.O. Box Federal Aviation Regulations (14 CFR This Class E airspace area is effective during 25082, Oklahoma City, OK 73125), the specific dates and times established in part 71) establishes a Class E surface telephone: (405) 954–4164. area at Topeka, Forbes Field, KS to advance by a Notice to Airmen. The effective SUPPLEMENTARY INFORMATION: This provide adequate controlled airspace for date and time will thereafter be continuously published in the Airport/Facility Directory. amendment to part 95 of the Federal aircraft executing instrument flight Aviation Regulations (14 CFR part 95) procedures. It also modifies the legal * * * * * amends, suspends, or revokes IFR description of Class D airspace at Paragraph 5000 Class D Airspace. altitudes governing the operation of all Topeka, Forbes Field, KS. The areas will * * * * * aircraft in flight over a specified route be depicted on appropriate aeronautical or any portion of that route, as well as charts. ACE KS D Topeka, Forbes Field, KS Topeka, Forbes Field, KS the changeover points (COPs) for The FAA has determined that this (Lat. 38°57′03″ N., long. 95°39′49″ W.) Federal airways, jet routes, or direct regulation only involves an established This airspace extending upward from the routes as prescribed in part 95. body of technical regulations for which surface to and including 3,600 feet MSL The Rule frequent and routine amendments are within a 4.6-mile radius of Forbes Field. This necessary to keep them operationally Class D airspace area is effective during the The specified IFR altitudes, when current. Therefore, this regulation—(1) specific dates and times established in used in conjunction with the prescribed is not a ‘‘significant regulatory action’’ advance by a Notice to Airmen. The effective changeover points for those routes, under Executive Order 12866; (2) is not date and time will thereafter be continuously ensure navigation aid coverage that is a ‘‘significant rule’’ under DOT published in the Airport/Facility Directory. adequate for safe flight operations and Regulatory Policies and Procedures (44 * * * * * free of frequency interference. The FR 11034; February 26, 1979); and (3) Issued in Kansas City, MO, on March 28, reasons and circumstances that create does not warrant preparation of a 2003. the need for this amendment involve Regulatory Evaluation as the anticipated Paul J. Sheridan, matters of flight safety and operational efficiency in the National Airspace impact is so minimal. Since this is a Acting Manager, Air Traffic Division, Central routine matter that will only affect air Region. System, are related to published aeronautical charts that are essential to traffic procedures and air navigation, it [FR Doc. 03–8568 Filed 4–10–03; 8:45 am] the user, and provide for the safe and is certified that this rule, when BILLING CODE 4910–13–M promulgated, will not have a significant efficient use of the navigable airspace. economic impact on a substantial In addition, those various reasons or number of small entities under the DEPARTMENT OF TRANSPORTATION circumstances require making this criteria of the Regulatory Flexibility Act. amendment effective before the next Federal Aviation Administration scheduled charting and publication date List of Subjects in 14 CFR Part 71 of the flight information to assure its timely availability to the user. The Airspace, Incorporation by reference, 14 CFR Part 95 effective date of this amendment reflects Navigation (air). [Docket No. 30362; Amdt. No. 441] those considerations. In view of the Adoption of the Amendment IFR Altitudes; Miscellaneous close and immediate relationship Amendments between these regulatory changes and ■ In consideration of the foregoing, the safety in air commerce, I find that notice Federal Aviation Administration AGENCY: Federal Aviation and public procedure before adopting amends 14 CFR part 71 as follows: Administration (FAA), DOT. this amendment are impracticable and
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contrary to the public interest and that regulatory evaluation as the anticipated part 95 of the Federal Aviation Regula- good cause exists for making the impact is so minimal. For the same tions (14 CFR part 95) is amended as fol- amendment effective in less than 30 reason, the FAA certifies that this lows effective at 0901 UTC, May 15, days. amendment will not have a significant 2003. economic impact on a substantial Conclusion ■ 1. The authority citation for part 95 number of small entities under the continues to read as follows: The FAA has determined that this criteria of the Regulatory Flexibility Act. Authority: 49 U.S.C. 106(g), 40103, 40106, regulation only involves an established List of Subjects in 14 CFR Part 95 body of technical regulations for which 40113, 40114, 40120, 44502, 44514, 44719, frequent and routine amendments are Airspace, Navigation (air). 44721. necessary to keep them operationally Issued in Washington, D.C. on April 1, 2003. current. It, therefore—(1) is not a PART 95—[AMENDED] ‘‘significant regulatory action’’ under James J. Ballough, Executive Order 12866; (2) is not a Director, Flight Standards Service. ■ 2. Part 95 is amended to read as fol- ‘‘significant rule’’ under DOT Adoption of the Amendment Regulatory Policies and Procedures (44 lows: FR 11034; February 26, 1979); and (3) ■ Accordingly, pursuant to the authority does not warrant preparation of a delegated to me by the Administrator,
REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS [Amendment 441 Effective Date, May 15, 2003]
From To MEA
Color Routes § 95.10 Amber Federal Airway 1 Is Amended To Read in Part
Hinchinbrook, AK NDB ...... Campbell Lake, AK NDB ...... #*9,000 *8,000—MOCA #GPS MEA 8000
Color Routes § 95.6 Blue Federal Airway 28 Is Amended To Read in Part
Nichols, AK NDB ...... Sitka, AK NDB ...... #*6,900 *6,000—MOCA #GPS MEA 6000
§ 95.6001 Victor Routes—U.S. § 95.6026 VOR Federal Airway 26 Is Amended To Read in Part
Grand Junction, CO VORTAC ...... Raymn, CO FIX NE BND ...... 11,000 SW BND ...... 10,000
§ 95.6113 VOR Federal Airways 113 Is Amended To Read in Part
Boise, ID VORTAC ...... Salmon, ID VOR/DME ...... 16,500
§ 95.6194 VOR Federal Airway 194 Is Amended To Read in Part
McComb, MS VORTAC ...... Mizze, MS FIX ...... *3,000 *2,000—MOCA Pauld, MS FIX ...... Meridian, MS VORTAC ...... 2,100
§ 95.6263 VOR Federal Airway 263 Is Amended To Read in Part
Hugo, CO VORTAC ...... *Lime, CO FIX ...... 9,000 *9,000—MRA
§ 95.6311 VOR Federal Airway 311 Is Amended To Read in Part
Tokee, AK FIX ...... Flips, AK FIX ...... ##*9,000 *6,000—MOCA #MEA is established with a gap in Navigaton signal Cov- erage #GPS MEA 6000
§ 95.6317 VOR Federal Airway 317 Is Amended To Read in Part
Gesti, AK FIX ...... Level Island, AK VOR/DME ...... #*7,000 *5,000—MOCA #GPS MEA 5000 Level Island, AK VOR/DME ...... Hoods, AK FIX ...... *9,000
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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued [Amendment 441 Effective Date, May 15, 2003]
From To MEA
*5,900—MOCA Hoods, AK FIX ...... Sisters Island, AK VORTAC ...... *7,000 *5,000—MOCA Sisters Island, AK VORTAC ...... Csper, AK FIX ...... #*7,000 *5,000—MOCA #GPS MEA 5000 Csper, AK FIX ...... *Hapit, AK FIX ...... #**15,000 *15,000—MRA **4,400—MOCA #GPS MEA 8000
§ 95.6319 VOR Federal Airway 319 Is Amended To Read in Part
Yakutat, AK VORTAC ...... Malas, AK FIX ...... 2,600 Malas, AK FIX ...... Katat, AK FIX ...... ##*10,000 *5,000—MOCA #MEA is established with a gap in Navigation signal cov- erage #GPS MEA 9000 Katat, AK FIX ...... Casel, AK FIX ...... #*7,000 *5,000—MOCA *GPS MEA 5000 Casel, AK FIX ...... EYAKS, AK FIX ...... *5,000 *2,600—MOCA Johnstone Point, AK VORTAC ...... Peppi, AK FIX ...... 5,000 Wiler, AK FIX ...... *Anchorage, AK VOR/DME ...... #**10,000 *5,000—MCA Anchorage VOR/DME **7,000—MOCA #GPS MEA 7000
§ 95.6320 VOR Federal Airway 320 Is Amended To Read in Part
Nelli, AK FIX ...... Nowell, AK FIX ...... *10,000 *6,500—moca Nowell, AK FIX ...... Hoper, AK FIX ...... #*10,000 *8,500—MOCA #GPS MEA 8,500 Hoper, AK FIX ...... Anchorage, AK VOR/DME ...... #7,000 *6,000—MOCA #GPS MEA 6,000
§ 95.6428 VOR Federal Airway 428 Is Amended To Read in Part
Biorka Island, AK VORTAC ...... Sisters Island, AK VORTAC ...... #*7,000 *6,000—MOCA #GPS MEA 6000 Sisters Island, AK VORTAC ...... Haines, AK NDB ...... ##*10,000 *8,500—MOCA #GPS MEA 8500 #MEA is established with a gap in Navigation signal cov- erage Haines, AK NDB ...... Whitehorse, CA VOR/DME ...... #*10,000 *9,500—MOCA #GPS MEA 9500
§ 95.6430 VOR Federal Airway 430 Is Amended To Read in Part
Havre, MT VOR/DME ...... Glasgow, MT VOR/DME ...... *6,500 *5,500—MOCA Glasgow, MT VOR/DME ...... Williston, ND VORTAC ...... *6,000 *5,000—MOCA
§ 95.6431 VOR Federal Airway 431 Is Amended To Read in Part
Sisters Island, AK VORTAC ...... *Lyric, AK FIX ...... #**8,000 *8,000—MRA **5,800—MOCA #GPS MEA 5800
§ 95.6440 VOR Federal Airway 440 Is Amended To Read in Part
Sandspit, CA VORTAC ...... Mocha, AK FIX ...... ###*8,000
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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued [Amendment 441 Effective Date, May 15, 2003]
From To MEA
*4,600—MOCA #For that Airspace over U.S. Territory #MEA is established with a gap in Navigation signal cov- erage #GPS MEA 4600 Mocha, AK FIX ...... Latch, AK FIX ...... ##*12,000 *4,000—MOCA #MEA is established with a gap in Navigation signal cov- erage #GPS MEA 8000 Salis, AK FIX ...... *Hapit, AK FIX ...... ##*9,000 *15,000—MRA **2,000—MOCA #MEA is established with a gap in Navigation signal cov- erage #GPS MEA 8000 Hapit, AK FIX ...... Centa, AK FIX ...... ##*9,000 *2,000—MOCA #MEA is established with a gap in Navigation signal cov- erage #GPS MEA 8000 Centa, AK FIX ...... Yakutat, AK VORTAC ...... #*3,000 *2,000—MOCA #GPS MEA 2000 Ocult, AK FIX ...... Middleton Island, AK VOR/DME ...... #*8,000 *2,000—MOCA #GPS MEA 7000 Middleton Island, AK VOR/DME ...... Hoper, AK FIX ...... #*10,000 *8,500—MOCA #GPS MEA 8500 Hoper, AK FIX ...... Anchorage, AK VOR/DME ...... #*7,000 *6,000—MOCA #GPS MEA 6000
§ 95.6473 VOR Federal Airway 473 Is Amended To Read in Part
Level Island, AK VOR/DME ...... Flips, AK FIX ...... #*7,000 *6,000—MOCA #GPS MEA 6000
§ 95.6543 VOR Federal Airway 543 Is Amended To Read in Part
Pauld, MS FIX ...... Meridian, MS VORTAC ...... 2,100
[FR Doc. 03–8562 Filed 4–11–03; 8:45 am] ship security zones established by 33 immediate vicinity of all tank ships. BILLING CODE 4910–13–M CFR 165.1313 on April 15, 2003. These Entry into this zone is prohibited unless security zones will be enforced until authorized by the Captain of the Port or further notice. his designee. The Captain of the Port DEPARTMENT OF HOMELAND DATES: 33 CFR 165.1313 will be Puget Sound will begin enforcing the SECURITY enforced commencing April 15, 2003. tank ship security zones established by FOR FURTHER INFORMATION CONTACT: 33 CFR 165.1313 on April 15, 2003. The Coast Guard Captain of the Port Puget Sound, 1519 Captain of the Port may be assisted by Alaskan Way South, Seattle, WA 98134 other Federal, State, or local agencies in 33 CFR Part 165 at (206) 217–6200 or (800) 688–6664 to enforcing this security zone. obtain information concerning [CGD13–02–018] Dated: April 2, 2003. enforcement of this rule. Danny Ellis, RIN 1625–AA00 SUPPLEMENTARY INFORMATION: On March 31, 2003, the Coast Guard published a Captain, U.S. Coast Guard, Captain of the Security Zone: Protection of Tank Port, Puget Sound. Ships, Puget Sound, WA final rule (68 FR 15372) establishing regulations, in 33 CFR 165.1313, for the [FR Doc. 03–8943 Filed 4–8–03; 3:22 pm] AGENCY: Coast Guard, DHS. security of tank ships in the navigable BILLING CODE 4910–15–P ACTION: Final rule: Notice of waters of Puget Sound and adjacent enforcement of tank ship security zone. waters, Washington. This security zone provides for the regulation of vessel SUMMARY: The Captain of the Port Puget traffic in the vicinity of tank ships and Sound will begin enforcing the tank excludes persons and vessels from the
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DEPARTMENT OF HOMELAND Background and Purpose final rule has been corrected and reads SECURITY 47°15′46.74493″ North, The Olympic View Resource Area ° ′ ″ Superfund Site is located between the 122 26 02.50574 West. The size of the Coast Guard eastern boundary of the Thea Foss RNA did not appreciably change due to Waterway and the western boundary of this correction. 33 CFR Part 165 the Middle Waterway of Regulatory Evaluation [CGD13–02–016] Commencement Bay, Washington. The This rule is not a ‘‘significant site includes property owned and or RIN 1625–AA00 [Formerly 2115–AA97] regulatory action’’ under section 3(f) of leased by the now closed Puget Sound Executive Order 12866, Regulatory Regulated Navigation Area; Olympic Plywood Company, contaminated Planning and Review, and does not View Resource Area EPA Superfund sediments in Commencement Bay, and require an assessment of potential costs Cleanup Site, Commencement Bay, other upland sources of contamination. and benefits under section 6(a)(3) of that Tacoma WA The site is approximately 12.4 acres in Order. The Office of Management and size and includes 10.6 acres of intertidal Budget has not reviewed it under that AGENCY: Coast Guard, DHS. and shallow subtidal marine aquatic Order. It is not ‘‘significant’’ under the ACTION: Final Rule. land. An area of 2.2 acres of marine regulatory policies and procedures of sediments is contaminated within the the Department of Homeland Security SUMMARY: The Coast Guard is site. (DHS). establishing a permanent regulated Part of the remediation process for This finding is based on the fact that navigation area (RNA) on a portion of this site consists of covering the the regulated area established by the Commencement Bay, Tacoma, contaminated sediments with a layer of rule would encompass a small area that Washington. This RNA will preserve the clean medium to coarse-grained sand should not impact commercial or integrity of a clean sediment cap placed approximately one-meter (3-feet) thick recreational traffic. The Olympic View over the contaminated seabed as part of or greater. This cap is used to isolate Resource Area does not appear to have the remediation process at the Olympic contaminants and limit their vertical any viable industrial or commercial use. View Resource Area Environmental migration and release into the water Moreover, any land or water use on the Protection Agency (USEPA) Superfund column. The cap will also limit the site that would be at odds with the RNA Site. It is being established at the potential for marine organisms to reach would likely be restricted through the request of the USEPA and the the contaminated sediment. site’s designation by the City of Tacoma Washington State Department of Natural This Regulated Navigation Area as a Natural Resource Damage Resources and prohibits activities that (RNA) is a permanent regulation Assessment (NRDA) settlement site, would disturb the seabed, such as restricting activities such as anchoring, pursuant to a Consent Decree between anchoring, dredging, spudding, laying dredging, spudding, laying cable or the City of Tacoma and the Natural cable, or other disturbances of the other activities, which would disturb Resource Trustees. Furthermore, on May bottom. This rule will not affect transit the sediment cap covering the 24, 2000, the State Commissioner of or navigation of the area. contaminated seabed. The rule does not Public Lands established the project DATE: This rule is effective May 12, affect normal transit or navigation of the area as part of an environmental reserve 2003. area. The Olympic View Resource Area under RCW 79.68.060. This designation is located offshore of the peninsula removes the site from potential ADDRESSES: Comments and material between the Thea Foss and Middle development or commercial leasing. For received from the public, as well as Waterways in Commencement Bay, the above reasons, the Coast Guard does documents indicated in this preamble as Tacoma, Washington. The sediment cap not anticipate any significant economic being available in the docket, are part of includes approximately 480 feet of impact. docket CGD13–02–016 and are available shoreline extending approximately 420 Small Entities for inspection or copying at U.S. Coast feet into the bay. This area is relatively Guard Marine Safety Office Puget unprotected and is rarely utilized as an Under the Regulatory Flexibility Act Sound, 1519 Alaskan Way South, anchorage. (5 U.S.C. 601–612), we have considered Building 1, Seattle, Washington 98134 whether this rule would have a between 8 a.m. and 4 p.m., Monday Discussion of Comments and Changes significant economic impact on a through Friday, except Federal holidays. The Coast Guard received two phone substantial number of small entities. FOR FURTHER INFORMATION CONTACT: calls commenting on the notice of The term ‘‘small entities’’ comprises MST1 Craig. R. Petersen, c/o Captain of proposed rulemaking (NPRM). The small businesses, not-for-profit the Port Puget Sound, 1519 Alaskan following paragraphs contain a organizations that are independently Way South, Seattle, Washington 98134, discussion of comments received and an owned and operated and are not at (206) 217–6232. explanation of changes, if any, to the dominant in their fields, and SUPPLEMENTARY INFORMATION: proposed regulations. governmental jurisdictions with Comment: Two phone comments populations of less than 50,000. This Regulatory Information were received stating that the longitude rule will affect the following entities, On December 2, 2002, we published on the last set of coordinates described some of which may be small entities: a notice of proposed rulemaking in the NPRM as 47°15′46.74493″ North, The owners or operators of vessels (NPRM) entitled Regulated Navigation 122°26′09.27617″ West appeared intending to anchor, dredge, spud, lay Area; Olympic View EPA Superfund incorrect and did not make sense. cable or disturb the seabed in any Cleanup Site, Commencement Bay, Response: These comments were fashion when this rule is in effect. The Tacoma, WA, in the Federal Register investigated and found to be correct. RNA will not have a significant (67 FR 71513). We received two phone The correct longitude on the last set of economic impact due to its small area. calls commenting on the proposal. No coordinates should be 122°26′02.50574″ Because the impacts of this rule are public hearing was requested, and none West. Accordingly, the last set of expected to be so minimal, the Coast held. coordinates listed in paragraph (a) of the Guard certifies under 605(b) of the
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Regulatory Flexibility Act (5 U.S.C. Interference with Constitutionally remediation efforts at a USEPA 601–612) that this final rule will not Protected Property Rights. Superfund Site. The rule itself will not have a significant economic impact on cause nor introduce any environmental Civil Justice Reform a substantial number of small entities. impacts and will be transparent in all This rule meets applicable standards regards except for prohibiting activities Assistance for Small Entities in sections 3(a) and 3(b)(2) of Executive which could disturb the seabed within Under section 213(a) of the Small Order 12988, Civil Justice Reform, to the established boundaries of the RNA. Business Regulatory Enforcement minimize litigation, eliminate A final ‘‘Environmental Analysis Check Fairness Act of 1996 (Public Law 104– ambiguity, and reduce burden. List’’ and a final ‘‘Categorical Exclusion 121), we offered to assist small entities Protection of Children Determination’’ are available in the in understanding the rule so that they docket where indicated under can better evaluate its effects on them We have analyzed this rule under ADDRESSES. and participate in the rulemaking Executive Order 13045, Protection of The USEPA has determined that there process. No assistance was requested by Children from Environmental Health will be no significant environmental small entities. Risks and Safety Risks. This rule is not impact arising from the creation of this an economically significant rule and Small business may send comments RNA designed to protect the sediment does not create an environmental risk to on the actions of Federal employees cap. The actual placement of the cap at health or risk to safety that may who enforce, or otherwise determine the Olympic View Resource Area site disproportionately affect children. compliance with, Federal regulations to was determined by the USEPA to the Small Business and Agriculture Indian Tribal Governments provide an environmental benefit to the Regulatory Enforcement Ombudsman area by allowing organisms to colonize This rule does not have tribal the clean sediments of the cap (‘‘Action and the Regional Small Business implications under Executive Order Regulatory Fairness Boards. The Memorandum for a Non-time-critical 13175, Consultation and Coordination Removal Action at the Olympic View Ombudsman evaluates these actions with Indian Tribal Governments, annually and rates each agency’s Resource Area within the because it does not have a substantial Commencement Bay Nearshore/ responsiveness to small business. If you direct effect on one or more Indian wish to comment on actions by Tideflats Superfund Site, Tacoma, tribes, on the relationship between the Pierce County, Washington’’—July 16, employees of the Coast Guard, call 1– Federal Government and Indian tribes, 888–REG–FAIR (1–888–734–3247). 2001). The USEPA’s authority to place or on the distribution of power and the cap is expressed in this publicly Collection of Information responsibilities between the Federal available document, and additional Government and Indian tribes. This rule would call for no new information is available at the Marine collection of information under the Energy Effects Safety Office at the address under Paperwork Reduction Act of 1995 (44 We have analyzed this rule under ADDRESSES. U.S.C. 3501–3520). Executive Order 13211, Actions List of Subjects in 33 CFR Part 165 Federalism Concerning Regulations That Harbors, Marine safety, Navigation Significantly Affect Energy Supply, (water), Reporting and recordkeeping A rule has implications for federalism Distribution, or Use. We have under Executive Order 13132, requirements, Security measures, determined that it is not a ‘‘significant Waterways. Federalism, if it has a substantial direct energy action’’ under that Order because effect on State or local governments and it is not a ‘‘significant regulatory action’’ ■ For the reasons discussed in the pre- would either preempt State law or under Executive Order 12866 and is not amble, the Coast Guard amends 33 CFR impose a substantial direct cost of likely to have a significant adverse effect part 165 as follows: compliance on them. We have analyzed on the supply, distribution, or use of PART 165—REGULATED NAVIGATION this rule under that Order and have energy. The Administrator of the Office AREAS AND LIMITED ACCESS AREAS determined that it does not have of Information and Regulatory Affairs implications for federalism. has not designated it as a significant ■ 1. The authority citation for part 165 Unfunded Mandates Reform Act energy action. Therefore, it does not continues to read as follows: require a Statement of Energy Effects The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; under Executive Order 13211. 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; of 1995 (2 U.S.C. 1531–1538) requires Environment Department of Homeland Security Delegation Federal agencies to assess the effects of No. 0170. their discretionary regulatory actions. In We have analyzed this rule under ■ 2. Section 165.1311 is added to read as particular, the Act addresses actions Commandant Instruction M16475.lD, follows: that may result in the expenditure by a which guides the Coast Guard in State, local, or tribal government, in the complying with the National § 165.1311 Olympic View Resource Area, aggregate, or by the private sector of Environmental Policy Act of 1969 Tacoma, WA. $100,000,000 or more in any one year. (NEPA) (42 U.S.C. 4321–4370f), and (a) Regulated area. A regulated Though this rule will not result in such have concluded that there are no factors navigation area is established on that an expenditure, we do discuss the in this case that would limit the use of portion of Commencement Bay bounded effects of this rule elsewhere in this a categorical exclusion under section by a line beginning at: 47°15′40.19753″ preamble. 2.B.2 of the Instruction. Therefore, this N, 122°26′09.27617″ W; thence to rule is categorically excluded, under 47°15′42.21070″ N, 122°26′10.65290″ W; Taking of Private Property figure 2–1, paragraph (34)(g), of the thence to 47°15′41.84696″ N, This rule would not effect a taking of Instruction, from further environmental 122°26′11.80062″ W; thence to private property or otherwise have documentation. This particular 47°15′45.57725″ N, 122°26′14.35173″ W; taking implications under Executive regulated navigation area is established thence to 47°15′53.06020″ N, Order 12630, Governmental Actions and for the purpose of preserving the 122°26′06.61366″ W; thence to
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47°15′46.74493″ N, 122°26′02.50574″ W; County, CA. This action is necessary to strikes against the United States and thence returning along the shoreline to ensure public safety and prevent more specifically the people, the point of origin. [Datum NAD 1983]. sabotage or terrorist acts against the waterways, and properties near the San (b) Regulations. All vessels and public and commercial structures and Onofre Nuclear Generating Station. It persons are prohibited from anchoring, individuals near or in this structure. was anticipated that we would assess dredging, laying cable, dragging, This security zone will prohibit all the security environment at the end of seining, bottom fishing, conducting persons and vessels from entering, the effective period to determine salvage operations, or any other activity transiting through or anchoring within whether continuing security precautions which could potentially disturb the the security zone unless authorized by were required and, if so, propose seabed in the designated area. Vessels the Captain of the Port (COTP), or his regulations responsive to existing may otherwise transit or navigate within designated representative. This security conditions. We have determined the this area without reservation. zone will not affect recreational need for continued security regulations (c) Waiver. The Captain of the Port, activities within the surf zone or the exists. Puget Sound, upon advice from the beach. The measures contemplated by this United States Environmental Protection DATES: This rule is effective from 12:01 rule are intended to prevent future Agency (USEPA) Project Manager and a.m. (PST) on March 21, 2003 to 11:59 terrorist attacks against individuals and the Washington State Department of p.m. (PDT) on May 21, 2003. facilities within or adjacent to San Onofre Nuclear Generating Station. Natural Resources, may, upon written ADDRESSES: Documents indicated in this request, authorize a waiver from this preamble as being available in the Immediate action is required to section if it is determined that the docket, are part of docket COTP San accomplish these objectives and proposed operation supports USEPA Diego 03–014, and are available for necessary to continue safeguarding remedial objectives, or can be performed inspection or copying at U.S. Coast these vessels and the surrounding area. in a manner that ensures the integrity of Guard Marine Safety Office San Diego, Any delay in the effective date of this the sediment cap. A written request 2716 N. Harbor Dr., San Diego, CA rule is impractical and contrary to the must describe the intended operation, 92101, between 9 a.m. and 4 p.m., public interest. For the reasons stated in the state the need, and describe the Monday through Friday, except Federal paragraphs above under 5 U.S.C. proposed precautionary measures. holidays. Requests shall be submitted in 553(d)(3), the Coast Guard also finds FOR FURTHER INFORMATION CONTACT: triplicate, to facilitate review by USEPA, that good cause exists for making this Lieutenant Commander Rick Sorrell, Coast Guard, and Washington State rule effective less than 30 days after Marine Safety Office San Diego, at (619) Agencies. USEPA managed remedial publication in the Federal Register. 683–6495. design, remedial action, habitat SUPPLEMENTARY INFORMATION: Background and Purpose mitigation, or monitoring activities associated with the Olympic View Regulatory Information On September 11, 2001, terrorists Resource Area Superfund Site are launched attacks on civilian and On February 6, 2002, we published a military targets within the United States excluded from the waiver requirement. temporary final rule for waters adjacent USEPA is required, however, to alert the killing large numbers of people and to the San Onofre Nuclear Generating damaging properties of national Coast Guard in advance concerning any Station entitled ‘‘Security Zone; Waters of the above-mentioned activities that significance. Vessels operating near the adjacent to San Onofre, San Diego San Onofre Nuclear Generating Station may, or will, take place in the Regulated County, California’’ in the Federal Area. present possible platforms from which Register (67 FR 5480) under Sec. individuals may gain unauthorized Dated: March 27, 2003. 165.T11–048. It has been in effect since access to this installation, or launch Erroll Brown, October 25, 2001 and was set to expire terrorist attacks upon the waterfront Rear Admiral, U.S. Coast Guard, 13th District at 3:59 p.m. PDT on June 21, 2002. It has structures and adjacent population Commander. since been extended and is now set to centers. [FR Doc. 03–8944 Filed 4–10–03; 8:45 am] expire at 11:59 p.m. PDT March 21, In response to these terrorist acts, and BILLING CODE 4910–15–P 2003. in order to prevent similar occurrences, We did not publish a notice of the Coast Guard has established a proposed rulemaking (NPRM) for this temporary security zone in the DEPARTMENT OF HOMELAND regulation. Under 5 U.S.C. 553(b)(B), the navigable waters of the United States SECURITY Coast Guard finds that good cause exists adjacent to the San Onofre Nuclear for not publishing a NPRM. Due to the Generating Station. This temporary Coast Guard terrorist attacks on September 11, 2001 security zone is necessary to provide for and the warnings given by national the safety and security of the United 33 CFR Part 165 security and intelligence officials, there States of America and the people, ports, [COTP San Diego 03–014] is an increased risk that further waterways and properties within the subversive or terrorist activity may be San Onofre Nuclear Generating Station RIN 1625–AA00 launched against the United States. A area. heightened level of security has been As of today, the need for this security Security Zone; Waters Adjacent to San established concerning all vessels Onofre, San Diego County, CA zone still exists. The effective period of operating in the waters adjacent to the this temporary final rule will extend AGENCY: Coast Guard, DHS. San Onofre Nuclear Generating Station through 11:59 p.m. PST March 21, 2003. ACTION: Temporary final rule. area. This security zone is needed to protect the United States and more Discussion of Rule SUMMARY: The Coast Guard is specifically the personnel and property This regulation extends the current establishing a temporary security zone of the San Onofre Nuclear Generating security zone that prohibits all vessel in the waters adjacent to the San Onofre Station. The original TFR was urgently traffic from entering, transiting or Nuclear Generating Station in San Diego required to prevent possible terrorist anchoring within a one nautical mile
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radius of San Onofre Nuclear Generating Budget has not reviewed it under that the Coast Guard, call 1–888–REG–FAIR Station that is centered at the following Order. It is not ‘‘significant’’ under the (1–888–734–3247). coordinate: 33° 22’ 30’’ N, 117° 33’ 50’’ regulatory policies and procedures of Collection of Information W. This security zone will not affect the Department of Homeland Security recreational activities within the surf (DHS). This rule calls for no new collection zone or the beach. Due to the recent terrorist actions of information under the Paperwork As part of the Diplomatic Security against the United States the Reduction Act of 1995 (44 U.S.C. 3501– and Antiterrorism Act of 1986 (Pub. L. implementation of this security zone is 3520). 99–399), Congress amended The Ports necessary for the protection of the Federalism and Waterways Safety Act (PWSA) to United States and its people. Because allow the Coast Guard to take actions, these security zones are established in A rule has implications for federalism including the establishment of security an area near the San Onofre Nuclear under Executive Order 13132, and safety zones, to prevent or respond Generating Station that is seldom used, Federalism, if it has a substantial direct to acts of terrorism against individuals, the Coast Guard expects the economic effect on State or local governments and vessels, or public or commercial impact of this rule to be so minimal that would either preempt State law or structures. 33 U.S.C. 1226. The terrorist full regulatory evaluation under impose a substantial direct cost of acts against the United States on paragraph 10(e) of the regulatory compliance on them. We have analyzed September 11, 2001, have increased the policies and procedures of DHS is this rule and have determined that this need for safety and security measures on unnecessary. rule does not have implications for U.S. ports and waterways. In response federalism. Small Entities to these terrorist acts, and in order to Unfunded Mandates Reform Act prevent similar occurrences, the Coast Under the Regulatory Flexibility Act Guard is establishing a temporary (5 U.S.C. 601–612), the Coast Guard The Unfunded Mandates Reform Act security zone in the navigable waters of considered whether this rule would of 1995 (2 U.S.C. 1531–1538) requires the United States adjacent to the San have a significant economic impact on Federal agencies to assess the effects of Onofre Nuclear Generating Station. This a substantial number of small entities. their discretionary regulatory actions. In temporary security zone is necessary to The term ‘‘small entities’’ includes particular, the Act addresses actions provide for the safety and security of the small businesses, not-for-profit that may result in the expenditure by a United States of America and the organizations that are independently State, local, or tribal government, in the people, ports, waterways and properties owned and operated and are not aggregate, or by the private sector of within the San Onofre Nuclear dominant in their fields, and $100,000,000 or more in any one year. Generating Station area. governmental jurisdictions with Though this rule will not result in such This temporary security zone, populations less than 50,000. expenditure, we do discuss the effects of prohibiting all vessel traffic from This security zone will not have a this rule elsewhere in this preamble. entering, transiting or anchoring within significant impact on a substantial the above-described area, is necessary number of small entities because the Taking of Private Property for the security and protection of the portion of the security zone that affects This rule will not effect a taking of San Onofre Nuclear Generating Station. the San Onofre Nuclear Generating private property or otherwise have This zone will be enforced by Coast Station area is infrequently transited. taking implications under Executive Guard patrol craft or any patrol craft and Therefore, the Coast Guard certifies Order 12630, Governmental Actions and resources enlisted by the COTP. under 5 U.S.C. 605(b) that this Interference with Constitutionally Persons and vessels are prohibited temporary final rule will not have a Protected Property Rights. from entering into this security zone significant economic impact on a Civil Justice Reform unless authorized by the Captain of the substantial number of small entities. Port or his designated representative. This rule meets applicable standards Assistance for Small Entities Each person and vessel in a security in sections 3(a) and 3(b)(2) of Executive zone shall obey any direction or order In accordance with section 213(a) of Order 12988, Civil Justice Reform, to of the COTP. The COTP may remove the Small Business Regulatory minimize litigation, eliminate any person, vessel, article, or thing from Enforcement Fairness Act of 1996 (Pub. ambiguity, and reduce burden. L. 104–121), the Coast Guard offers to a security zone. No person may board, Protection of Children or take or place any article or thing on assist small entities in understanding board, any vessel in a security zone the rule so that they can better evaluate We have analyzed this rule under without the permission of the COTP. its effects on them and participate in the Executive Order 13045, Protection of Any violation of the security zone rulemaking process. If your small Children from Environmental Health described herein is punishable by, business or organization is affected by Risks and Safety Risks. This rule is not among other things, criminal penalties this rule and you have questions an economically significant rule and (imprisonment for not more than 12 concerning its provisions or options for does not create an environmental risk to years and a fine of not more than compliance, please contact Lieutenant health or risk to safety that may $250,000), in rem liability against the Commander Rick Sorrell, Marine Safety disproportionately affect children. offending vessel, and license sanctions. Office San Diego, at (619) 683–6495. Small businesses may send comments Indian Tribal Governments Regulatory Evaluation on the actions of Federal employees This rule does not have tribal This rule is not a ‘‘significant who enforce, or otherwise determine implications under Executive Order regulatory action’’ under section 3(f) of compliance with, Federal regulations to 13175, Consultation and Coordination Executive Order 12866, Regulatory the Small Business and Agriculture with Indian Tribal Governments, Planning and Review, and does not Regulatory Enforcement Ombudsman because it does not have a substantial require an assessment of potential costs and the Regional Small Business direct effect on one or more Indian and benefits under section 6(a)(3) of that Regulatory Fairness Boards. If you wish tribes, on the relationship between the Order. The Office of Management and to comment on actions by employees of Federal Government and Indian tribes,
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or on the distribution of power and (b) Effective Dates. This security zone Clean Air Act (CAA). The DAQ plan responsibilities between the Federal will be in effect from 12:01 a.m. (PST) establishes emission limits, monitoring, Government and Indian tribes. on March 21, 2003 to 11:59 p.m. (PDT) operating, and recordkeeping on May 21, 2003. requirements for commercial and Energy Effects (c) Waivers. The COTP may waive any industrial solid waste incinerator We have analyzed this rule under of the requirements of this rule for any (CISWI) units for which construction Executive Order 13211, Actions person, vessel or class of vessel upon commenced on or before November 30, Concerning Regulations That finding that circumstances are such that 1999. Significantly Affect Energy Supply, application of the security zone is DATES: This final rule is effective on Distribution, or Use. We have unnecessary for national or port June 10, 2003 without further notice, determined that it is not a ‘‘significant security. unless EPA receives adverse written energy action’’ under that order because (1) The following categories of comment by May 12, 2003. If EPA it is not a ‘‘significant regulatory action’’ persons are automatically exempt from receives such comments, it will publish under Executive Order 12866 and is not requirement to depart the security zone a timely withdrawal of the direct final likely to have a significant adverse effect but must comply with the provisions set rule in the Federal Register and inform on the supply, distribution, or use of forth below to operate in the security the public that the rule will not take energy. It has not been designated by the zone: effect. Administrator of the Office of (i) Recreational surfers; ADDRESSES: Written comments should Information and Regulatory Affairs as a (ii) Hikers on the beach; significant energy action. Therefore, it be mailed to Walter Wilkie, Deputy (iii) Swimmers. Chief, Air Quality Planning and does not require a Statement of Energy (2) Reports to the COTP and requests Effects under Executive Order 13211. Information Services Branch, Mailcode for waivers required by this section 3AP21, U.S. Environmental Protection Environment must be made by telephone or radio call Agency, Region III, 1650 Arch Street, to the following numbers or on the We have considered the Philadelphia, Pennsylvania 19103. following channels: Marine Safety environmental impact of this rule and Copies of the documents relevant to this Office San Diego at (619) 683–6495 or concluded that under figure 2–1, action are available for public VHF–FM channel 16. paragraph (34)(g), of Commandant inspection during normal business (3) COTP reserves the authority to Instruction M16475.1D, this rule is hours at the Air Protection Division, revoke any waivers granted in order to categorically excluded from further U.S. Environmental Protection Agency, provide for the safety and security of environmental documentation because Region III, 1650 Arch Street, boaters, the San Onofre Nuclear we are establishing a security zone. A Philadelphia, Pennsylvania 19103. Generating Station or its personnel. ‘‘Categorical Exclusion Determination’’ FOR FURTHER INFORMATION CONTACT: (d) Authority. In addition to 33 U.S.C. is available in the docket for inspection James B. Topsale at (215) 814–2190, or 1231, the authority for this section or copying where indicated under by e-mail at [email protected]. includes 33 U.S.C. 1226. ADDRESSES. SUPPLEMENTARY INFORMATION: Dated: March 21, 2003. I. Background List of Subjects in 33 CFR Part 165 Stephen P. Metruck, Harbors Marine safety, Navigation Commander, Coast Guard, Captain of the Sections 111(d) and 129 of the CAA (water), Reporting and recordkeeping Port, San Diego. requires states to submit plans to control requirements, Security Measures, [FR Doc. 03–8945 Filed 4–10–03; 8:45 am] certain pollutants (designated Waterways. BILLING CODE 4910–15–P pollutants) at existing solid waste ■ For the reasons discussed in the pre- combustor facilities (designated amble, the Coast Guard amends 33 CFR facilities) whenever standards of part 165 as follows: ENVIRONMENTAL PROTECTION performance have been established AGENCY under section 111(b) for new sources of PART 165—REGULATED NAVIGATION the same type, and EPA has established AREAS AND LIMITED ACCESS AREAS 40 CFR Part 62 emission guidelines (EG) for such existing sources. A designated pollutant ■ 1. The authority citation for part 165 [WV059–6027a; FRL–7479–9] is any pollutant for which no air quality continues to read as follows: criteria have been issued, and which is Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Approval and Promulgation of State Air Quality Plans for Designated not included on a list published under 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; section 108(a) or section 112(b)(1)(A) of Department of Homeland Security Delegation Facilities and Pollutants, State of West No. 0170. Virginia; Control of Emissions From the CAA, but emissions of which are subject to a standard of performance for ■ 2. Revise § 165.T11–048 to read as fol- Commercial and Industrial Solid Waste new stationary sources. However, lows: Incinerator Units section 129 of the CAA, also requires § 165.T11–048 Security Zone; Waters AGENCY: Environmental Protection EPA to promulgate EG for CISWI units adjacent to San Onofre, San Diego County, Agency (EPA). that emit a mixture of air pollutants. CA. ACTION: Direct final rule. These pollutants include organics (a) Location. This security zone will (dioxins/furans), carbon monoxide, encompass the waters within a one SUMMARY: This action approves the metals (cadmium, lead, mercury), acid nautical mile seaward arc off San commercial and industrial solid waste gases (hydrogen chloride, sulfur Onofre Nuclear Generating Station that incinerator 111(d)/129 plan (the ‘‘plan’’) dioxide, and nitrogen oxides) and is centered at the following coordinate: submitted to EPA on November 29, 2001 particulate matter (including opacity). latitude 33°22.186′ N, longitude by the West Virginia Department of On December 1, 2000 (65 FR 75338), 117°33.607′ W. This security zone will Environmental Protection, Division of EPA promulgated CISWI unit new not affect recreational activities within Air Quality (DAQ). The plan was source performance standards and EG, the surf zone or the beach. submitted to fulfill requirements of the 40 CFR part 60, subparts CCCC and
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DDDD, respectively. The designated control requirements for both new and revised compliance schedule is an facility to which the EG apply is each existing units. Affected facilities expeditious one. This determination is existing CISWI unit, as defined in constructed on or before November 30, based on a review of air pollution subpart DDDD, that commenced 1999 are subject to the same control retrofit case studies of smaller construction on or before November 30, requirements as new units under 40 hospital/medical infectious waste 1999. CFR part 60, subpart CCCC. The DAQ incinerator units, which are similar in Section 111(d) of the CAA requires has made a conscious decision to size and design to CISWI units. The that ‘‘designated’’ pollutants, regulated subject these sources, if any, to the same retrofit case studies are referenced in under standards of performance for new standards as new sources. However, the EPA’s November 25, 2002 proposed stationary sources by section 111(b) of DAQ is not aware of any affected ACI Federal plan (67 FR 70640) for CISWI the CAA, must also be controlled at units. units. See the proposed Federal plan existing sources in the same source preamble, section IV. F, ‘‘How Did EPA B. Demonstration of Legal Authority category to a level stipulated in an EG Determine the Compliance Schedule?’’ document. Section 129 of the CAA The DAQ states that it has sufficient The Dupont Consent Order was specifically addresses solid waste statutory and regulatory authority to executed on January 17 and 23, 2003, by combustion and emissions controls implement and enforce the plan. This is DAQ and Dupont representatives, based on what is commonly referred to discussed in section VII of the plan respectively. If an unknown individual as ‘‘maximum achievable control narrative, a November 29, 2001 letter CISWI unit is discovered after EPA technology’’ (MACT). Section 129 from DAQ Counsel, and the January 22, approval of this plan, the unit will be requires EPA to promulgate a MACT 2003 plan amendment. The DAQ cites subject to the Federal plan. based emission guidelines document for the following references for legal CISWI units, and then requires states to authority: W.Va. Code section 22–5–1 et G. Testing, Monitoring, Recordkeeping, develop plans that implement the EG seq., applicable state CISWI air quality and Reporting Requirements requirements. The CISWI EG under 40 regulations WV CSR18, and WV CSR6, The state CISWI regulations include CFR part 60, subpart DDDD, establish section 4.8. The DAQ has the required the applicable source compliance emission and operating requirements legal authority based on EPA’s review of testing, monitoring, recordkeeping, and under the authority of the CAA, sections the submitted legal opinions, statutes, reporting requirements of the EG. 111(d) and 129. These requirements and rules. This includes the West H. A Record of the Public Hearing on must be incorporated into a State plan Virginia CISWI regulations and the the State Plan that is ‘‘at least as protective’’ as the EG, Dupont Consent Order; each of which is and is Federally enforceable upon considered as being at least as protective Public hearings were held in approval by EPA. The procedures for as the applicable Federal requirements Charleston, West Virginia, on November adoption and submittal of State plans for existing CISWI units. 8, 2001 for the original plan, and then are codified in 40 CFR part 60, subpart again on January 6, 2003 for the B. C. Inventory of CISWI Units in West amended plan. The DAQ provided Virginia Affected by the EG evidence of complying with the public II. Review of West Virginia’s CISWI As noted above, there is only one notice and other hearing requirements Plan known affected facility, Dupont, located of subpart B. EPA has reviewed the West Virginia in Wood County, West Virginia. There I. Provision for Annual State Progress CISWI plan in the context of the is no known affected ACI unit in West Reports to EPA requirements of 40 CFR part 60, and Virginia. subparts B and DDDD. A summary of The DAQ will submit to EPA on an the review is provided below. D. Inventory of Emissions From CISWI annual basis a report which details the Units in West Virginia A. Identification of Enforceable State progress in the enforcement of the plan. Mechanism(s) for Implementing the EG The submitted plan contains an The first progress report will be estimate of emissions from the Dupont submitted to EPA within one year after On September 25, 2002, the DAQ facility. Emissions estimates are approval of the state plan. submitted to EPA a copy of the plan’s provided for organics (dioxins/furans), III. Final Action enforceable mechanism, regulation acid gases (hydrogen chloride, sulphur 45CSR18, ‘‘To Prevent and Control dioxide, and nitrogen oxides), and EPA is approving the West Virginia Emissions from Commercial and metals (cadmium, lead, mercury). CISWI plan for controlling designated Industrial Solid Waste Incinerator pollutants under sections 111(d) and Units.’’ The regulation, which became E. Emission Limitations for CISWI Units 129 of the CAA. Therefore, EPA is effective on May 1, 2002, contains a The state CISWI regulations include amending 40 CFR part 62 to reflect this compliance schedule that is not emission limitation requirements that action. This approval is based on the considered expeditious by EPA. As a are at least as protective as those in the rationale discussed above and in further result, the DAQ amended its plan to EG, subpart DDDD. detail in the technical support include a State Consent Order (CO) with document (TSD) associated with this F. Compliance Schedules a revised compliance schedule, which is action. applicable to the only known affected The state CISWI regulation, 45 CSR18, There are a number of plan elements facility, E.I. Du Pont de Nemours and which became effective on May 1, 2002, which are not relevant or germane to Company, Washington Works contains a compliance schedule, as this plan approval action. Accordingly, (‘‘DuPont’’), located in Wood County, noted above, that is not considered EPA is taking no action on the following West Virginia. expeditious by EPA. As a result, the plan elements: A second state regulation, 45CSR6, DAQ amended its plan to include the (1) The provisions of 45CSR6 that effective July 1, 2001, establishes the air Dupont Consent Order, which includes regulate incinerators other than affected pollution control requirements for air a revised compliance schedule that ACI units; curtain incinerator (ACI) units. 45CSR6, requires final compliance on or before (2) The compliance date provisions section 4.8, stipulates the air pollution September 30, 2003. EPA believes the codified at 45CSR18, section 7.1; and
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(3) The Dupont Consent Order, Distribution, or Use’’ (66 FR 28355, May Technology Transfer and Advancement Section I, Findings of Facts, paragraphs 22, 2001). This action merely approves Act of 1995 (15 U.S.C. 272 note) do not 4 and 6, relating to greenhouse gas state law as meeting Federal apply. This rule does not impose an emissions, and state permit requirements and imposes no additional information collection burden under the requirements not required under requirements beyond those imposed by provisions of the Paperwork Reduction subpart DDDD. These three elements are state law. Accordingly, the Act of 1995 (44 U.S.C. 3501 et seq.). not part of the EPA approved West Administrator certifies that this rule B. Submission to Congress and the Virginia CISWI plan. will not have a significant economic Comptroller General As provided by 40 CFR 60.28(c), any impact on a substantial number of small revisions to the West Virginia plan, or entities under the Regulatory Flexibility The Congressional Review Act, 5 the associated Dupont Consent Order, Act (5 U.S.C. 601 et seq.). Because this U.S.C. 801 et seq., as added by the Small will not be considered part of the rule approves pre-existing requirements Business Regulatory Enforcement applicable plan until submitted by the under state law and does not impose Fairness Act of 1996, generally provides DAQ in accordance with 40 CFR any additional enforceable duty beyond that before a rule may take effect, the 60.28(a) or (b), as applicable, and until that required by state law, it does not agency promulgating the rule must approved by EPA in accordance with 40 contain any unfunded mandate or submit a rule report, which includes a CFR part 60, subpart B. significantly or uniquely affect small copy of the rule, to each House of the EPA is publishing this action without governments, as described in the Congress and to the Comptroller General prior proposal because the Agency Unfunded Mandates Reform Act of 1995 of the United States. EPA will submit a views this as a noncontroversial (Pub. L. 104–4). This rule also does not report containing this rule and other amendment and anticipates no adverse have tribal implications because it will required information to the U.S. Senate, comments. This action simply approves not have a substantial direct effect on the U.S. House of Representatives, and a pre-existing Federal requirement for one or more Indian tribes, on the the Comptroller General of the United state air pollution control agencies and relationship between the Federal States prior to publication of the rule in existing CISWI units that are subject to Government and Indian tribes, or on the the Federal Register. This rule is not a the provisions of 40 CFR part 60, distribution of power and ‘‘major rule’’ as defined by 5 U.S.C. subparts B and DDDD, respectively. responsibilities between the Federal 804(2). However, in the proposed rules section Government and Indian tribes, as C. Petitions for Judicial Review of this Federal Register publication, specified by Executive Order 13175 (65 EPA is publishing a separate document FR 67249, November 9, 2000). This Under section 307(b)(1) of the Clean that will serve as the proposal to action also does not have Federalism Air Act, petitions for judicial review of approve the 111(d) plan should relevant implications because it does not have this action must be filed in the United adverse or critical comments be filed. substantial direct effects on the States, States Court of Appeals for the This rule will be effective June 10, 2003 on the relationship between the national appropriate circuit by June 10, 2003. without further notice unless the government and the States, or on the Filing a petition for reconsideration by Agency receives relevant adverse distribution of power and the Administrator of this final rule does comments by May 12, 2003. If EPA responsibilities among the various not affect the finality of this rule for the receives such comments, then EPA will levels of government, as specified in purposes of judicial review nor does it publish a timely withdrawal in the Executive Order 13132 (64 FR 43255, extend the time within which a petition Federal Register informing the public August 10, 1999). This action merely for judicial review may be filed, and that the rule did not take effect. EPA approves a state rule implementing a shall not postpone the effectiveness of will address all public comments in a Federal standard, and does not alter the such rule or action. This action, subsequent final rule based on the relationship or the distribution of power approving the West Virginia CISWI proposed rule. The EPA will not and responsibilities established in the plan, may not be challenged later in institute a second comment period on Clean Air Act. This rule also is not proceedings to enforce its requirements. this action. Any parties interested in subject to Executive Order 13045 (See section 307(b)(2).) commenting must do so at this time. ‘‘Protection of Children from List of Subjects in 40 CFR Part 62 Please note that if EPA receives adverse Environmental Health Risks and Safety comment on an amendment, paragraph, Risks’’ (62 FR 19885, April 23, 1997), Environmental protection, or section of this rule and if that because it is not economically Administrative practice and procedure, provision may be severed from the significant. Air pollution control, Aluminum, Fertilizers, Fluoride, Intergovernmental remainder of the rule, EPA may adopt In reviewing 111(d)/129 plan as final those provisions of the rule that relations, Paper and paper products submissions, EPA’s role is to approve industry, Phosphate, Reporting and are not the subject of an adverse state choices, provided that they meet comment. recordkeeping requirements, Sulfur the criteria of the Clean Air Act. In this oxides, Sulfur acid plants, Waste IV. Statutory and Executive Order context, in the absence of a prior treatment and disposal. Reviews existing requirement for the State to use voluntary consensus standards (VCS), Dated: March 31, 2003. A. General Requirements EPA has no authority to disapprove a Thomas C. Voltaggio, Under Executive Order 12866 (58 FR 111(d)/129 plan submission for failure Acting Regional Administrator, Region III. 51735, October 4, 1993), this action is to use VCS. It would thus be ■ 40 CFR part 62, subpart XX, is not a ‘‘significant regulatory action’’ and inconsistent with applicable law for amended as follows: therefore is not subject to review by the EPA, when it reviews a 111(d)/129 plan Office of Management and Budget. For submission, to use VCS in place of a PART 62—[AMENDED] this reason, this action is also not 111(d)/129 plan submission that subject to Executive Order 13211, otherwise satisfies the provisions of the ■ 1. The authority citation for part 62 ‘‘Actions Concerning Regulations That Clean Air Act. Thus, the requirements of continues to read as follows: Significantly Affect Energy Supply, section 12(d) of the National Authority: 42 U.S.C. 7401 et seq.
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Subpart XX—West Virginia ACTION: Direct final rule. Constitution Avenue, NW., Washington DC. The EPA Docket Center Public SUMMARY: ■ 2. An undesignated center heading and EPA is issuing a direct final Reading Room is open from 8:30 a.m. to rule revising the definition of nonroad sections 62.12155, 62.12156, and 4:30 p.m., Monday through Friday, engines to include all diesel-powered 62.12157 are added to subpart XX, to except on government holidays. You read as follows: engines used in agricultural operations in the State of California that are can reach the Reading Room by Emissions From Existing Commercial certified by the engine maker to meet telephone at (202) 566–1742, and by Industrial Solid Waste Incinerators the applicable nonroad emission facsimile at (202) 566–1741. The (CISWI) Units—Section 111(d)/129 standards. Our rule will consider such telephone number for the Air Docket is Plans engines as nonroad engines without (202) 566–1742. You may be charged a § 62.12155 Identification of plan. regard to whether these engines are reasonable fee for photocopying docket materials, as provided in 40 CFR part 2. Section 111(d)/129 CISWI plan portable or transportable or how long submitted on November 29, 2001, these engines remain in one fixed FOR FURTHER INFORMATION CONTACT: amended September 25, 2002, and location at a farm. Robert Larson, U.S. EPA, National January 22, 2003. DATES: This direct final rule is effective Vehicle and Fuel Emissions Laboratory, on May 14, 2003, without further notice, § 62.12156 Identification of sources. Transportation and Regional Programs unless we receive adverse comments by Division, 2000 Traverwood Drive, Ann The plan applies to the Dupont CISWI May 12, 2003, or receive a request for Arbor, MI 48105; telephone (734) 214– unit located in Wood County, West a public hearing by April 28, 2003. 4277, fax (734) 214–4956, e-mail Virginia. Should we receive any adverse [email protected]. § 62.12157 Effective date. comments on this direct final rule, we will publish a timely withdrawal in the SUPPLEMENTARY INFORMATION: The effective date of the plan is June Federal Register informing the public 10, 2003. that this rule will not take effect. I. General Information [FR Doc. 03–8829 Filed 4–10–03; 8:45 am] ADDRESSES: Comments: All comments A. Regulated Entities BILLING CODE 6560–50–P and materials relevant to today’s action should be submitted to Public Docket Entities potentially impacted by this ENVIRONMENTAL PROTECTION No. OAR–2003–0046 at the following change in regulation are farming AGENCY address: Environmental Protection interests in the State of California and Agency, EPA Docket Center (EPA/DC), those interests that manufacture or put 40 CFR Part 89 Air and Radiation Docket, Mail Code into commerce new, compression- 6102T, 1200 Pennsylvania Avenue, ignition nonroad engines, including: [AMS–FRL–7482–1] NW., Washington, DC 20460. Docket: Materials relevant to this Control of Emissions From New rulemaking are contained in Public Nonroad Diesel Engines: Amendments to the Nonroad Engine Definition Docket Number OAR–2003–0046 at the following address: EPA Docket Center AGENCY: Environmental Protection (EPA/DC), Public Reading Room, Room Agency (EPA). B102, EPA West Building, 1301
NAICS Category codes Examples of potentially regulated entities
Manufacturing ...... 333618 Manufacturers of new nonroad diesel engines. Agriculture, Forestry, Fishing, Hunting ...... 111XXX Farms with crop production. Agriculture, Forestry, Fishing, Hunting ...... 112XXX Farms with animal production. Manufacturing ...... 333111 Farm machinery and equipment.
B. How Can I Get Copies of This is available for public viewing at the Air public docket, and access those Document? Docket in the EPA Docket Center, (EPA/ documents in the public docket that are DC) EPA West, Room B102, 1301 available electronically. Once in the 1. Docket. EPA has established an Constitution Ave., NW., Washington, system, select ‘‘search’’ and key in the official public docket for this action DC. The EPA Docket Center Public appropriate docket identification under Air Docket ID No. OAR–2003– Reading Room is open from 8:30 a.m. to number. 0046. The official public docket consists 4:30 p.m., Monday through Friday, EPA is publishing this rule without a of the documents specifically referenced excluding legal holidays. The telephone prior proposal. However, if we receive in this action, any public comments number for the Public Reading Room is adverse comment on this rulemaking, received, and other information related (202) 566–1744, and the telephone we will publish a timely withdrawal in to this action. Although a part of the number for the Air Docket is (202) 566– the Federal Register indicating that this official docket, the public docket does 1742. rule is being withdrawn due to adverse not include Confidential Business 2. Electronic Access. You may access comment. In the ‘‘Proposed Rules’’ Information (CBI) or other information this Federal Register document section of today’s Federal Register whose disclosure is restricted by statute. electronically through the EPA Internet publication, we are publishing a The official public docket is the under the Federal Register listings at separate document that will serve as the collection of materials that is available http://www.epa.gov/edocket/ to submit proposal to adopt the provisions in this for public viewing The official public or view public comments, access the Direct Final Rule if adverse comments docket is the collection of materials that index of the contents of the official are filed. This rule will be effective on
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May 14, 2003, without further notice engine would not be considered a installed in stationary pumps have not unless we receive adverse comment by nonroad engine if the engine or the been previously controlled (except May 12, 2003, or receive a request for equipment in which it is located is perhaps by voluntary action of the a public hearing by April 28, 2003. We actually used in one fixed location for owner 3), we believe it would be may address all adverse comments in a more than 12 consecutive months. If an environmentally beneficial to encourage subsequent final rule based on the engine is located in one place and agricultural operations to replace proposed rule. We will not institute a operated more than 12 consecutive relatively high emitting stationary pump second comment period. months or otherwise does not meet the engines with engines meeting the definition of nonroad engine (for nonroad emission standards. The State II. Summary of Rule example, if it is permanently attached to of California has in fact acted since 1999 The change to the definition of one location), the engine is not to reduce the emissions from these nonroad engine is intended to considered a nonroad engine and is not stationary engines by replacing these encourage agricultural operations in the subject to EPA’s emission standards for stationary engines through its Carl State of California to reduce emission nonroad engines. Instead, it is generally Moyer program which has provided from their existing stationary diesel- considered stationary and is subject to funding for the purchase of new engines powered 1 engines by replacing them regulation under Titles I and V of the certified to meet the emission standards with engines certified to the emission Clean Air Act. applicable to new nonroad engines. standards for nonroad engines, thereby In the case of agricultural pump EPA is changing the definition of greatly reducing NOX emissions from engines used in the State of California, nonroad engine to include diesel these engines. The rule does not require EPA estimates that approximately half engines used in agricultural operations the replacement of existing engines with of these fall under the definition of in the State of California that are certified engines. However, as explained nonroad engines due to their portability certified by the engine manufacturer to below, EPA believes that owners of while the rest are considered stationary. meet the nonroad emission standards engines will choose to replace them Other than portability, both sets of for that engine, where the engine is part voluntarily. engines perform basically the same set of an engine family that contains The Clean Air Act divides internal of functions and operate similarly. engines that otherwise meet the combustion engines into three Thus, a farming operation could have definition of nonroad engine. Such categories: Stationary internal engines of the same horsepower and engines will no longer be stationary combustion engines, engines used in even the same manufacturer performing internal combustion engines. Thus, highway motor vehicles, and nonroad the same basic function of powering a farmers would not include the engines. The last category includes pump, but one would be considered a emissions from such nonroad engines virtually all mobile engines that are not mobile source nonroad engine subject to when they determine whether their used in motor vehicles. Nonroad the requirements established under Title agricultural operation is a major source engines are considered mobile sources II of the Clean Air Act while its for purposes of Title V permitting or under the Act and are regulated by EPA counterpart is treated as stationary and other requirements. We believe that this under section 213 of the Act. However, subject to the provisions of Titles I and change will encourage the use of the boundaries between these three V of the Clean Air Act. engines certified to nonroad standards, categories of engines is not well In California, stationary agricultural which will result in a reduction in delineated in the Act, so EPA pump engines have historically not been emissions from uncontrolled levels. We promulgated a rule defining ‘‘nonroad required to reduce their emission believe that farmers will prefer to obtain engine,’’ exercising its authority to levels.2 In contrast, nonroad engines new engines regulated as nonroad clarify these boundaries (59 FR 31306, have emission standards in place which engines, rather than to continue using June 17, 1994). See 40 CFR 89.2. The have substantially improved their engines that will be regulated under current definition of nonroad engine emission performance. Thus, using the stationary source permitting requires that the engine meet one of example case from the previous requirements including Title V and New several criteria primarily based on how paragraph, an agricultural operation Source Review (NSR). Regulations it is used. For example, the engine is could have two pump engines identical promulgated under Title II focus defined as a nonroad engine if it is used in function except the one considered a primarily on compliance by to propel a piece of mobile equipment nonroad engine could have significantly manufacturers rather than users, such as a bulldozer or farm tractor or if better emission performance than its whereas Title V and NSR focuses it is used in equipment that is propelled counterpart stationary pump engine. compliance requirements on users. while performing its function such as a Clearly, from an emission performance Of course, replacing current engines lawn mower. In addition, the engine is standpoint, it would be preferable to with new nonroad engines comes at considered a nonroad engine if it is used have both engines meeting the lower some cost. However, the State of in a piece of equipment that is portable emission levels of the nonroad engine. California through its Carl Moyer or transportable. Such equipment could Due to the substantial number of program has been providing funds to include a pump mounted on a trailer or agricultural pump engines in use in help farmers replace existing engines on a set of skids for the purpose of California, particularly concentrated in with newer cleaner engines. moving the equipment from one the major agricultural areas such as the Additionally, the U.S. Department of location to another for operation in San Joaquin Valley, and due to the fact Agriculture, through programs multiple locations. However, such an that the portion of these engines administered by its Natural Resources
1 In this preamble, references to diesel-powered 2 California state law presently exempts these 3 Some pieces of stationary agricultural engines or diesel engines denotes engines operating engines from all New Source Review and Title V equipment use engines that are certified to nonroad over what is commonly referred to as the diesel permitting requirements as well as any local engine standards, or that are identical to certified engine cycle, also known as the compression operating permit requirements. As a result of this engines. Internal combustion engines can be ignition cycle. It is not limited to engines running exemption, EPA recently proposed to find that the manufactured for many uses, and some engines on diesel fuel. For example, engines fueled with California State Implementation Plan is manufactured to meet the nonroad engine standards diesel fuel, compressed natural gas (CNG), or other substantially inadequate. 68 FR 7327 (February 13, may end up in stationary equipment. Farmers may fuel, may be diesel-powered engines. 2003) choose to purchase such equipment.
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Conservation Services (NCRS) reductions than would otherwise occur in emission performance. More stringent anticipates making some funding if such engines remained subject to the ‘‘Tier 3’’ standards will be phased in available under the Environmental stationary source requirements and that beginning with the 2006 model year. Quality Incentives Program (EQIP) to these reductions will occur more Additionally, EPA is developing another the extent practicable for replacement of quickly than if these engines continue to set of more stringent nonroad emission existing agricultural engines with be regulated as stationary sources. standards which we anticipate will very engines meeting the requirements of our Engines used in stationary substantially improve the emission nonroad regulations. applications on farms in California have performance of new nonroad engines in previously not been regulated under the the future. This sequence of increasingly What Is EPA Doing? stationary source requirements of the more stringent emission regulations for We are revising the definition of Clean Air Act, including Title V these new nonroad diesel engines will nonroad engines to include certain requirements. Effective November 14, assure that the nonroad requirements diesel engines that are used in 2002, such engines became subject to result in the maximum feasible emission agricultural operations in California that the Title V permit program pursuant to controls we can anticipate for at least would otherwise not meet the current EPA’s regulations at 40 CFR part 71.4 the next decade or so. If engines meeting definition of nonroad engine. As a Title V, however, does not require these nonroad standards are extensively result, a diesel engine used in subject sources to reduce emissions used in agricultural applications, agricultural operations in California that from the source’s operation. The main maximum feasible emission reductions does not meet the current definition, e.g. goal of Title V is to improve a source’s should result. This regulatory because it is used in a stationary compliance with all Clean Air Act amendment is intended to encourage application, would still be considered a requirements to which it is subject. New the widespread use of such nonroad nonroad engine if it is part of an engine Source Review requirements of the engines for all agricultural pump family certified by the engine maker to Clean Air Act requires emission controls applications in the State of California. the applicable nonroad engines be evaluated and possibly installed for standards, and at least some of the new major sources or existing major What Is Current Emission Performance engines in that engine family meet the sources which perform a significant of These Stationary Engines? current definition of nonroad engine. modification. While New Source We estimate that approximately 3,700 Internal combustion engines are often Review and other requirements under stationary diesel engines are used in manufactured for use in many different Title I or Title V (e.g., Reasonably agricultural applications in California, applications. Engines that are part of an Available Control Technology primarily for powering irrigation pumps engine family that has been certified by requirements for major sources of NOX such as those used for crop irrigation EPA to meet applicable nonroad engine required under Title I) may lead to and for tending livestock. Some of these standards may get used in either emission reduction for some engines in are quite old, dating as far back as 1960. portable or stationary applications. the future, it is unclear to what extent However, between 1999 and 2001 Under the current definition, only the agricultural engines in California would approximately 1,500 engines were engines used in mobile applications be required to reduce emissions as a replaced through a state financed meet the definition of nonroad engine result of such requirements. Finally, program known as the Carl Moyer and those used in stationary even assuming potential future emission program. Under the Carl Moyer applications do not. Under this revision, controls for some of these engines that program, existing stationary diesel an engine in that certified engine family could result from stationary source engines were replaced with new engines that is used in agricultural operations in requirements, it is not expected that of similar power and performance that California would continue to meet the such controls would result in greater were also certified to meet the nonroad definition of nonroad irrespective of its total emission reductions compared to emission standards. It is estimated that use as long as some engines in the what would result from using engines this program reduced oxides of nitrogen engine family are used in portable meeting the applicable nonroad (NOX) emissions statewide in California applications. emission standards. by over 1,750 tons per year. The This rule change does not require In contrast, regulations for diesel remaining approximately 2,200 farmers in California to replace existing nonroad engines establish federal stationary engines are estimated to have engines with new engines certified to emission standards for these engines average emission levels approximately the nonroad standards. However, for and a pre-production certification 8.76 g/bhp-hr, which is about twice as farmers who have already made this procedure to ensure compliance with much as the emissions of a nonroad replacement or who do so in the future, the standards, and include various other engine manufactured to current (i.e., their engines will be treated by EPA as compliance and enforcement measures. Tier 2) nonroad standards (4.8 to 4.9 g/ nonroad engines, subject to the mobile These standards require substantial hphr NOX + HMHC for engines between source requirements established under control of emissions and are generally 100–750 hr). Current nonroad standards Title II of the Clean Air Act, rather than designed to ‘‘achieve the greatest degree also require emissions of particulate as stationary engines subject to the of emission reduction achievable matter (PM) to be approximately 40 stationary source requirements of Title I through the application of [available] percent lower than Tier 1 levels. and V of the Clean Air Act. Those technology * * *, giving appropriate What Is the Impact of These Stationary engines that are not replaced will consideration to * * * cost * * * noise, Source Emissions on Air Quality? continue to be regarded as stationary energy and safety factors.’’ See Clean sources subject to those requirements. Air Act section 213(a)(3). These Currently, agricultural stationary regulations have been in effect source diesel engines represent one of Why Is EPA Making This Change? beginning with the 1996 model year. the most significant sources of NOX As discussed below, EPA believes that The so called ‘‘Tier 2’’ version of these emissions from agricultural activities in allowing diesel agricultural engines in regulations is currently being phased in California. Particularly in major farming California to be classified as nonroad and will result in a further improvement areas such as the San Joaquin Valley, engines if they are certified to those NOX emissions from stationary diesel standards will result in more emission 4 Federal Register 63551 (October 15, 2002) engines represent approximately 5% of
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the total NOX emissions inventory, thus on the farm. Even after taking into the obligations noted above. For those contributing to the ozone and PM–10 account the engines that were already remaining agricultural operations which non-attainment status of the area. These replaced under the Carl Moyer program, would still exceed the ‘‘major’’ source engines also emit particulate matter we estimate that around 2,200 threshold even after switching to directly. uncontrolled stationary diesel nonroad certified engines, these Thus, replacing these relatively dirty agricultural engines remain in use in operations may choose to make this stationary diesel engines with much California. We estimate that replacing switch anyway as this will reduce some cleaner currently available diesel these over the next two years with of the reporting and other procedural engines will help air quality engines meeting the existing Tier 2 and obligations under any potential future immediately. The anticipated future Tier 3 nonroad emission standards stationary source control programs. standards which are expected to further would result in a reduction of up to Finally, we anticipate that some of the reduce emissions from nonroad engines 4,400 tons of NOX annually from cost of the new engines may be will also mean that new agricultural agricultural operations. Particularly in subsidized by the USDA, consistent engines in California should have even areas with intensive levels of farming, with eligibility requirements under the better emission performance in the such reductions would be significant. EQIP or perhaps via continued funding future, providing more emission We estimate replacing the current under the State of California’s Carl benefits as farmers replace their engines stationary diesel engines with new Moyer program. For these reasons, we in later years. nonroad engines would reduce NOX believe that it is likely that all What Would Happen if This Change emission for all current agricultural agricultural pump engines currently Were not Made? diesel engines, both stationary and used in operations which would nonroad, by about 20 percent. It would otherwise exceed the threshold for Under Title V, farms need to assess also represent a significant reduction in major source designation and subject to their inventories of emissions. If the direct PM emissions from such engines. regulation under Title V will be total of these emissions exceeds a converted to new nonroad certified certain level (called the major source This regulatory change will specify that stationary diesel engines used in engines. In addition, as this regulation threshold), they would be subject to the will encourage the manufacture of permitting requirements of Titles I and agricultural applications in California be treated as nonroad sources if they agricultural equipment containing V of the CAA. One of these permitting engines meeting the nonroad engine requirements is the NSR program. NSR otherwise meet the applicable nonroad standards, it is also likely that this requires major stationary sources that emission requirements and are part of approach will result in greater use of desire to construct for the first time or an engine family that includes engines lower-emitting agricultural engines even to modify their facility to get a NSR that otherwise meet the nonroad engine in locations that do not exceed major permit (also called a preconstruction definition. As a voluntary program, not all farming operations may choose to source thresholds. permit) and meet emission control As noted above, this is a voluntary requirements. The other permitting switch their stationary diesel engines to compliant nonroad engines. However, program so the agricultural operation requirement is EPA’s operating permits has the opportunity to choose to take program. This requires major stationary under Title V, agricultural operations advantage of this regulation change or sources to get an operating permit, but have to inventory their sources of not. No adverse impact on agricultural does not require emission control. Thus, stationary emissions and estimate the operations is anticipated under this farm engines classified as stationary combined level of annual emissions rule. sources and operated on a farm which from these sources. For ozone nonattainment areas, operations which While this rule would exclude a set of has collective emissions great enough to sources in California from certain trigger the major source threshold exceed an annual air emissions threshold for a pollutant (50 tons per provisions of Title I and V, we would would be subject to both these expect a lesser degree of emission permitting programs. Under today’s year for areas designated as having ‘‘serious’’ air pollution, 25 tons per year control from these engines if this action, stationary farm engines that meet regulation change were not being the nonroad certification requirement for areas designated as having ‘‘severe’’ air pollution and 10 tons per year for adopted. The State or localities may would not be subject to these two choose not to require controls for many permitting programs. They also would areas designated as having ‘‘extreme’’ air pollution) are designated as ‘‘major’’ engines, particularly those that are not not be subject to other potential state or located in major sources. Those engines local requirements directed specifically sources of air pollution and have to annually report these emissions. For not on farms designated ‘‘major’’ at stationary sources (e.g., NOX RACT sources may not be controlled, and it is programs under Title I), but could be PM–10 nonattainment areas, the thresholds are 100 tons for operations in not clear that even engines that are subject to other state or local controlled would be controlled to the requirements directed at nonroad moderate nonattainment areas and 70 tons for areas in serious nonattainment. same level of emissions as nonroad engines (e.g., state nonroad engine certified engines. Since the nonroad emission standards or use restrictions). Additionally, operations designated as ‘‘major’’ stationary sources must meet rules are generally aimed at achieving What Do We Expect Will Happen as a the greatest emission control available, the NSR and NOX RACT requirements Result of This Change? discussed below. For a significant it would be unlikely stationary source As noted above, stationary engines in number of agricultural operations, controls would result in any greater agricultural applications have in the switching from their existing stationary control. NSR requirements, which apply only past not been required to control their source diesel engines to new nonroad to new or modified sources, would emissions under either federal certified engines will remove these require Lowest Achievable Emissions regulations or under any State of engines from the stationary source Rate (LAER) 5 in nonattainment areas or California regulation or program aimed category, reducing farms’ stationary at improving air quality. In most cases, source emissions enough so that they 5 LAER is defined as the most stringent emission diesel engines represent the will no longer be considered major limitation derived from either of the following: (1) predominant source of NOX emissions sources of NOX emissions, thus avoiding The most stringent emission limitation contained in
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Best Achievable Control Technology would likely occur later than are doing work that is indistinguishable (BACT) 6 in attainment areas. For anticipated via this rule change. While from work done by engines already internal combustion engines similar to NSR and other Title I requirements may classified as nonroad engines—in fact, the diesel agricultural engines affected at some point in the near future begin as noted above agricultural operations by this rule, no single industry-wide to be applied to agricultural sources, often have a combination of nonroad technology has been generally implementation of such requirements and stationary engines performing the determined to be LAER or BACT, but would have to allow for the lead time same function, such as pumping water some recent local decisions regarding needed to take regulatory and/or for crop irrigation or livestock watering. LAER and BACT in California indicate legislative action to promulgate such Moreover, the certified engines that that diesel engines have not generally regulations and the lead time needed to would be defined as nonroad engines by had to meet NOX emission standards implement such regulations. this regulatory change are engines that more stringent than current Title II There are some restrictions on state are part of engine families that have standards. and local ability to regulate nonroad been certified for use and are used in In addition, the Clean Air Act requires engines. See Clean Air Act section other mobile applications. Therefore, Reasonably Available Control 209(e). States and local jurisdictions many of the certified engines affected by Technology (RACT) for major NOX may not promulgate their own emission this rule are in fact indistinguishable stationary sources in most ozone standards for nonroad engines. from other certified nonroad engines. nonattainment areas.7 We have defined However, the State of California may More importantly, the unique RACT as the lowest emission limitation promulgate and enforce standards for all circumstances in California make this that a particular source is capable of nonroad agricultural engines, except revision appropriate for these engines. meeting by the application of control new engines under 175 horsepower, if As noted above, unlike other stationary technology that is reasonably available the state receives authorization from sources that are already subject to considering technological and economic EPA to do so. Though California must stationary source emission controls, feasibility. 44 FR 53762 (September 17, make certain showings to receive this farm engines have not historically been 1979). RACT may require technology authorization, the Clean Air Act subject to stationary source emission that has been applied to similar, but not provides considerable deference to control regulations. The approach we necessarily identical, source categories. California to promulgate its own use in this rule basically allows a farm 57 FR 55620 (November 25, 1992). standards. Even for engines below 175 to voluntarily reduce emissions from its There has been no source category-wide horsepower, California can receive engines in a manner that will result in RACT determination for these engines, authorization to promulgate standards definite emission reductions that are but we believe it is unlikely that RACT for such engines if they are not likely greater and more rapid than requirements for these engines would be standards affecting new (i.e., would be achieved under the previous more stringent, and in some cases they ‘‘showroom new’’) engines. approach. This rule will thus not may be less stringent, than the In addition, states and localities may disturb existing regulatory programs in applicable nonroad engine standards. promulgate use restrictions for such a way that a broader rule would. Finally, any emission reductions engines, such as time-of-use restrictions This revision is particularly under the stationary source provisions and fuel restrictions. These appropriate for California. California is requirements, as well as the state uniquely positioned as the only state the implementation plan of any State for such class standards discussed in the paragraph that may promulgate its own standards or category of source; or (2) the most stringent for nonroad engines under section emission limitation achieved in practice by such above, may be enacted by state and local class or category of source. CAA Section 171(3) entities to help areas meet the 209(b). Other states may only 6 The BACT requirement is defined as: ‘‘An attainment requirements under the Act promulgate standards identical to any emissions limitation (including a visible emission by achieving even greater NO and PM California chooses to adopt. Since standard) based on the maximum degree of X California is in a unique position to reduction for each pollutant subject to regulation reductions. under the Clean Air Act which would be emitted continue promulgating standards from any proposed major stationary source or major Why Are Only Agricultural Engines in regulating these engines as nonroad modification which the Administrator, on a case- the State of California Covered by This engines, it can implement effective by-case basis, taking into account energy, Rule Change? emission control programs for these environmental, and economic impacts and other costs, determines is achievable for such source or This rule represents a small deviation engines. Also, given the particular air modification through application of production from the general manner in which EPA quality concerns and the need for processes or available methods, systems, and reductions of NOX in California as well techniques, including fuel cleaning or treatment or has delineated the boundary between innovative fuel combustion techniques for control nonroad engines and stationary internal as the opportunity to significantly of such pollutant. In no event shall application of combustion engines. EPA has in the past reduce emissions from agricultural best available control technology result in based the definition on whether the pump engines (the opportunity emissions of any pollutant which would exceed the benefitted by the potential funding emissions allowed by any applicable standard engine will be used in a mobile or under 40 CFR parts 60 and 61. If the Administrator stationary manner, not on other through the Carl Moyer program and the determines that technological or economic characteristics such as engine size or the U.S. Department of Agriculture), farms limitations on the application of measurement type of work, or industrial category of in California are uniquely situated to methodology to a particular emissions unit would take advantage of this regulatory make the imposition of an emissions standard work, in which the engine was engaged. infeasible, a design, equipment, work practice, EPA believes that the particular provision. operational standard, or combination thereof, may circumstances of these California This rule is in many ways an be prescribed instead to satisfy the requirement for agricultural engines make it appropriate extension of the policy behind the application of best available control technology. California’s existing Carl Moyer program Such standard shall, to the degree possible, set forth for EPA to use a somewhat different to provide new certified engines to these the emissions reduction achievable by approach in this targeted rule.8 First, the implementation of such design, equipment, work farmers. That program provided funding engines being reclassified in this rule practice or operation, and shall provide for for farmers that purchased engines compliance by means which achieve equivalent results.’’ 40 CFR 52.21(b)(12) 8 The use of targeted rules of limited scope, meeting nonroad standards, whereas 7 There are similar RACM requirements in PM– especially in the context of a voluntary program, is this revision provides regulatory 10 nonattainment areas. similar to other projects in which EPA has engaged. changes that encourage the use of
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certified engines. EPA believes that this be considered nonroad engines. We federal agencies to assess the effects of action is similar in many ways to believe this approach is reasonable in their regulatory actions on state, local, programs EPA has implemented and these circumstances for the reasons and tribal governments, and the private continues to consider, under which EPA delineated above. sector. Under section 202 of the UMRA, offers flexibility in its regulations, etc., we generally must prepare a written III. Statutory and Executive Order in site-specific situations to encourage statement, including a cost-benefit companies, communities, and other Reviews analysis, for proposed and final rules project sponsors to develop ‘‘cleaner, A. Executive Order 12866: Regulatory with ‘‘federal mandates’’ that may result cheaper and smarter’’ alternatives to the Planning and Review in expenditures to state, local, and tribal governments, in the aggregate, or to the current system. See 62 FR 19872 (April Under Executive Order 12866 (58 FR 23, 1997), for example. private sector, of $100 million or more 51735, October 4, 1993), the Agency is It is not clear that this approach for any single year. Before promulgating required to determine whether this would be appropriate in other a rule for which a written statement is regulatory action would be ‘‘significant’’ circumstances, given the different needed, section 205 of the UMRA and therefore subject to review by the historical and environmental contexts generally requires us to identify and Office of Management and Budget and different types of engines used. consider a reasonable number of (OMB) and the requirements of the Moreover, there is the potential that a regulatory alternatives and adopt the Executive Order. The order defines a broader use of this approach could least costly, most cost-effective, or least ‘‘significant regulatory action’’ as any possibly lead to exploitation of mobile burdensome alternative that achieves source certification as a way to avoid regulatory action that is likely to result the objectives of the rule. The stationary source controls, or might in a rule that may: provisions of section 205 do not apply otherwise disrupt the proper —Have an annual effect on the economy when they are inconsistent with functioning of the federal, state and of $100 million or more or adversely applicable law. Moreover, section 205 local programs to control stationary affect in a material way the economy, allows us to adopt an alternative that is source emissions. Given the potentially a sector of the economy, productivity, not the least costly, most cost-effective, significant reductions that this program competition, jobs, the environment, or least burdensome alternative if we will facilitate, the general lack of public health or safety, or state, local, provide an explanation in the final rule reductions previously required under or tribal governments or communities; of why such an alternative was adopted. the existing regulatory approach, the —Create a serious inconsistency or Before we establish any regulatory voluntary nature of this approach, otherwise interfere with an action requirement that may significantly or available funding and the limited scope taken or planned by another agency; uniquely affect small governments, of this approach, EPA believes that this —Materially alter the budgetary impact including tribal governments, we must rule is appropriate and justified. of entitlements, grants, user fees, or develop a small government plan loan programs or the rights and pursuant to section 203 of the UMRA. What Are the Statutory Provisions obligations of recipients thereof; or, Such a plan must provide for notifying Underlying This Rule Change? —Raise novel legal or policy issues potentially affected small governments, The Clean Air Act’s statutory arising out of legal mandates, the and enabling officials of affected small provisions are relatively ambiguous President’s priorities, or the governments to have meaningful and regarding the specific boundaries principles set forth in the Executive timely input in the development of our between nonroad engines and stationary Order. regulatory proposals with significant internal combustion engines. Section Pursuant to the terms of Executive federal intergovernmental mandates. 216(10) states that a nonroad engine is Order 12866, we have determined that The plan must also provide for ‘‘an internal combustion engine * * * this final rule is not a ‘‘significant informing, educating, and advising that is not used in a motor vehicle or a regulatory action.’’ small governments on compliance with vehicle used solely for competition, or the regulatory requirements. that is not subject to standards B. Paperwork Reduction Act This rule contains no federal promulgated under section 111 or The Paperwork Reduction Act of mandates for state, local, or tribal section 202.’’ Section 111(a)(3) states 1980, 44 U.S.C. 3501 et seq., and governments as defined by the that ‘‘stationary source means any implementing regulations, 5 CFR part provisions of Title II of the UMRA. The building, structure, facility or 1320, do not apply to this action as it rule imposes no enforceable duties on installation which emits or may emit does not involve the collection of any of these governmental entities. any air pollutant. Nothing in Title II of information as defined therein. Nothing in the rule will significantly or this Act relating to nonroad engines uniquely affect small governments. shall be construed to apply to stationary C. Regulatory Flexibility Act We have determined that this rule internal combustion engines.’’ EPA has determined that it is not does not contain a federal mandate that EPA’s prior rulemaking that clarified necessary to prepare a regulatory may result in estimated expenditures of the delineation between nonroad and flexibility analysis in connection with more than $100 million to the private stationary engine focused on the use this final rule. EPA has also determined sector in any single year. This action has and application of the engine, and did that this rule will not have a significant the net effect of revising certain so on an engine by engine basis. This economic impact on a substantial provisions of the Tier 2 rule. Therefore, targeted revision also focuses on the number of small entities, in particular the requirements of the UMRA do not application and use of engines, but in a because this rule change does not apply to this action. broader manner. Under this approach, mandate that farms replace any existing E. Executive Order 13132: Federalism EPA looks at the engine family as a engine. group, not engine by engine. Where the Executive Order 13132, entitled engine family contains engines that are, D. Unfunded Mandates Reform Act ‘‘Federalism’’ (64 FR 43255, August 10, under the previous definition, nonroad Title II of the Unfunded Mandates 1999), requires us to develop an engines, EPA will allow other specific Reform Act of 1995 (UMRA), Public accountable process to ensure engines that are essentially identical to Law 104–4, establishes requirements for ‘‘meaningful and timely input by state
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and local officials in the development of Executive Order do not apply to this not a significant regulatory action under regulatory policies that have federalism rule. Executive Order 12866. implications.’’ ‘‘Policies that have F. Executive Order 13175: Consultation I. National Technology Transfer federalism implications’’ is defined in and Coordination With Indian Tribal Advancement Act the Executive Order to include Governments regulations that have ‘‘substantial direct Section 12(d) of the National effects on the states, on the relationship Executive Order 13175, entitled Technology Transfer and Advancement between the national government and ‘‘Consultation and Coordination with Act of 1995 (NTTAA), section 12(d) of the states, or on the distribution of Indian Tribal Governments’’ (59 FR Public Law 104–113, directs us to use power and responsibilities among the 22951, November 6, 2000), requires EPA voluntary consensus standards in our various levels of government. to develop an accountable process to regulatory activities unless it would be Under section 6 of Executive Order ensure ‘‘meaningful and timely input by inconsistent with applicable law or 13132, we may not issue a regulation tribal officials in the development of otherwise impractical. Voluntary that has federalism implications, that regulatory policies that have tribal consensus standards are technical imposes substantial direct compliance implications.’’ This final rule does not standards (e.g., materials specifications, costs, and that is not required by statute, have tribal implications, as specified in test methods, sampling procedures, and unless the federal government provides Executive Order 13175. Today’s rule business practices) developed or the funds necessary to pay the direct does not uniquely affect the adopted by voluntary consensus compliance costs incurred by state and communities of American Indian tribal standards bodies. The NTTAA directs local governments, or we consults with governments. Furthermore, today’s rule us to provide Congress, through OMB, state and local officials early in the does not impose any direct compliance explanations when we decide not to use process of developing the proposed costs on these communities and no available and applicable voluntary regulation. We also may not issue a circumstances specific to such consensus standards. regulation that has federalism communities exist that will cause an No new technical standards are implications and that preempts state impact on these communities beyond established in today’s rule. law, unless the Agency consults with those discussed in the other sections of state and local officials early in the today’s document. Thus, Executive J. Congressional Review Act process of developing the proposed Order 13175 does not apply to this rule. The Congressional Review Act, 5 regulation. G. Executive Order 13045: Protection of U.S.C. 801 et seq., as amended by the Section 4 of the Executive Order Children From Environmental Health Small Business Regulatory Enforcement contains additional requirements for and Safety Risks Fairness Act of 1996, generally provides rules that preempt state or local law, that before a rule may take effect, the even if those rules do not have Executive Order 13045, ‘‘Protection of agency promulgating the rule must federalism implications (i.e., the rules Children from Environmental Health submit a rule report, which includes a will not have substantial direct effects Risks and Safety Risks’’ (62 FR 19885, copy of the rule, to Congress and the on the states, on the relationship April 23, 1997) applies to any rule that comptroller General of the United between the national government and (1) is determined to be ‘‘economically States. We will submit a report the states, or on the distribution of significant’’ as defined under Executive containing this rule and other required power and responsibilities among the Order 12866, and (2) concerns an information to the U.S. Senate, the U.S. various levels of government). Those environmental health or safety risk that House of Representatives, and the requirements include providing all we have reason to believe may have a Comptroller General of the United affected state and local officials notice disproportionate effect on children. If States prior to publication of the rule in and an opportunity for appropriate the regulatory action meets both criteria, the Federal Register. A major rule participation in the development of the section 5–501 of the Executive Order cannot take effect until 60 days after it regulation. If the preemption is not directs us to evaluate the environmental is published in the Federal Register. based on express or implied statutory health or safety effects of the planned This action is not a ‘‘major rule’’ as authority, we also must consult, to the rule on children, and explain why the defined by 5 U.S.C. 804(2). This rule extent practicable, with appropriate planned regulation is preferable to other will be effective May 27, 2003. state and local officials regarding the potentially effective and reasonably IV. Statutory Provisions and Legal conflict between state law and federally feasible alternatives considered by us. Authority protected interests within the Agency’s This rule is not subject to the area of regulatory responsibility. Executive Order because it is not an Statutory authority for today’s final This rule does not have federalism economically significant regulatory rule is found in the Clean Air Act, 42 implications. It will not have substantial action as defined by Executive Order U.S.C. 7401 et seq., in particular, section direct effects on the states, on the 12866. Furthermore, this rule does not 213 of the Act, 42 U.S.C. 7547. This rule relationship between the national concern an environmental health or is being promulgated under the government and the states, or on the safety risk that we have reason to administrative and procedural distribution of power and believe may have a disproportionate provisions of Clean Air Act section responsibilities among the various effect on children. 307(d), 42 U.S.C. 7607(d). This rule will levels of government, as specified in affect not only persons in California but H. Executive Order 13211: Actions That Executive Order 13132. This rule revises also the manufacturers outside the State Significantly Affect Energy Supply, certain provisions of earlier rules that who manufacture engines and Distribution, or Use adopted national standards to control equipment for sale in California. For emissions from nonroad diesel engines. This rule is not subject to Executive this reason, I hereby determine and find The requirements of the rule will be Order 13211, ‘‘Actions Concerning that this is a final action of national enforced by the federal government at Regulations That Significantly Affect applicability. Under section 307(b)(1) of the national level. Thus, the Energy Supply, Distribution, or Use’’ (66 the Act, judicial review of this final requirements of section 6 of the FR 28355, May 22, 2001) because it is action may be sought only in the United
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States Court of Appeals for the District these changes satisfy all requirements program. As the Federal program of Columbia Circuit. needed to qualify for Final changes, States must change their authorization, and is authorizing the programs and ask EPA to authorize the List of Subjects in 40 CFR Part 89 State’s changes through this immediate changes. Changes to State programs may Environmental protection, final action. EPA is publishing this rule be necessary when Federal or State Administrative practice and procedure, to authorize the changes without a prior statutory or regulatory authority is Motor vehicle pollution. proposal because we believe this action modified or when certain other changes Dated: April 7, 2003. is not controversial and do not expect occur. Most commonly, States must Christine Todd Whitman, comments that oppose it. Unless we get change their programs because of written comments which oppose this changes to EPA’s regulations in 40 Code Administrator. authorization during the comment of Federal Regulations (CFR) parts 124, ■ For the reasons set forth in the pre- period, the decision to authorize 260 through 266, 268, 270, 273 and 279. amble, chapter I, title 40 of the Code of Tennessee’s changes to their hazardous B. What Decisions Have We Made in Federal Regulations is amended as fol- waste program will take effect. If we get This Rule? lows: comments that oppose this action, we will publish a document in the Federal We conclude that Tennessee’s PART 89—CONTROL OF EMISSIONS Register withdrawing this rule before it application to revise its authorized FROM NEW AND IN-USE NONROAD takes effect and a separate document in program meets all of the statutory and COMPRESSION—IGNITION ENGINES the proposed rules section of this regulatory requirements established by ■ 1. The authority for part 89 continues Federal Register will serve as a proposal RCRA. Therefore, we grant Tennessee to read as follows: to authorize the changes. Final authorization to operate its DATES: This Final authorization will hazardous waste program with the Authority: 42 U.S.C. 7521, 7522, 7523, changes described in the authorization 7524, 7527, 7541, 7542, 7543, 7545, 7547, become effective on June 10, 2003 7549, 7550 and 7601(a). unless EPA recieves adverse written application. Tennessee has comment by May 12, 2003. If EPA responsibility for permitting Treatment, Subpart A—[Amended] receives such comment, it will publish Storage, and Disposal Facilities (TSDFs) a timely withdrawal of this immediate within its borders (except in Indian ■ 2. Section 89.2 is amended by adding final rule in the Federal Register and Country) and for carrying out the paragraph (1)(iv) to the definition for inform the public that this authorization aspects of the RCRA program described ‘‘nonroad engine’’ to read as follows: will not take effect. in its revised program application, subject to the limitations of the § 89.2 Definitions. ADDRESSES: Send written comments to Narindar M. Kumar, Chief, RCRA Hazardous and Solid Waste * * * * * Amendments of 1984 (HSWA). New Nonroad engine means: Programs Branch, Waste Management Division, U.S. Environmental Protection Federal requirements and prohibitions (1) * * * imposed by Federal regulations that (iv) That is a compression-ignition Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, EPA promulgates under the authority of engine included in an engine family HSWA take effect in authorized States certified to meet applicable nonroad Georgia 30303–3104; (404) 562–8440. We must receive your comments by May before they are authorized for the emission requirements of this part if: the requirements. Thus, EPA will engine is used in agricultural operations 12, 2003. You can view and copy Tennessee’s application from 8 a.m. to implement those requirements and in the growing of crops or raising of prohibitions in Tennessee, including fowl or animals in the State of 4:30 p.m. at the following addresses: Tennessee Department of Environment issuing permits, until the State is California; and any other engines in the granted authorization to do so. certified engine family otherwise meet and Conservation, Division of Solid the definition of nonroad engine. Waste Management, 5th Floor, L & C C. What Is the Effect of Today’s Tower, 401 Church Street, Nashville, Authorization Decision? * * * * * Tennessee 37243–1535, Phone Number: The effect of this decision is that a [FR Doc. 03–8955 Filed 4–10–03; 8:45 am] (615) 532–0850; and EPA Region, BILLING CODE 6560–50–P facility in Tennessee subject to RCRA Region 4, Library, 61 Forsyth Street, will now have to comply with the SW., Atlanta, Georgia 30303–3104; (404) authorized State requirements instead of 562–8190. ENVIRONMENTAL PROTECTION the equivalent Federal requirements in AGENCY FOR FURTHER INFORMATION CONTACT: order to comply with RCRA. Tennessee Gwendolyn Gleaton, RCRA Services has enforcement responsibilities under 40 CFR Part 271 Section, RCRA Programs Branch, Waste its State hazardous waste program for Management Division, U.S. [FRL–7478–5] violations of such program, but EPA Environmental Protection Agency, The retains its authority under RCRA Tennessee: Final Authorization of Sam Nunn Atlanta Federal Center, 61 sections 3007, 3008, 3013, and 7003, State Hazardous Waste Management Forsyth Street, SW., Atlanta, Georgia which include, among others, authority Program Revision 30303–3104; (404) 562–8500. to: SUPPLEMENTARY INFORMATION: • Do inspections, and require AGENCY: Environmental Protection A. Why are Revisions to State Programs monitoring, tests, analyses or reports Agency (EPA). • Enforce RCRA requirements and Necessary? ACTION: Immediate final rule. suspend or revoke permits States which have received final • Take enforcement actions regardless SUMMARY: Tennessee has applied to EPA authorization from EPA under RCRA of whether the State has taken its own for Final authorization of the changes to section 3006(b), 42 U.S.C. 6926(b), must actions its hazardous waste program under the maintain a hazardous waste program This action does not impose Resource Conservation and Recovery that is equivalent to, consistent with, additional requirements on the Act (RCRA). EPA has determined that and no less stringent than the Federal regulated community because the
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regulations for which Tennessee is paragraph. We will then address all September 15, 1999, effective November being authorized by today’s action are public comments in a later final rule. 1, 1999 (64 FR 49998), January 30, 1998, already effective, and are not changed You may not have another opportunity effective March 31, 1998 (63 FR 45870), by today’s action. to comment. If you want to comment on on May 23, 1996, effective July 22, 1996 this authorization, you must do so at D. Why Wasn’t There a Proposed Rule (61 FR 25796), on August 24, 1995, this time. Before Today’s Rule? effective October 23, 1995 (60 FR If we receive comments that oppose 43979), on May 8, 1995, effective July 7, EPA did not publish a proposal before only the authorization of a particular 1995 (60 FR 22524), on June 1, 1992, today’s rule because we view this as a change to the State hazardous waste effective July 31, 1992 (57 FR 23063), routine program change and do not program, we will withdraw that part of and on June 12, 1987, effective August expect comments that oppose this this rule but the authorization of the 11, 1987 (52 FR 22443). approval. We are providing an program changes that the comments do opportunity for public comment now. In not oppose will become effective on the G. What Changes Are We Authorizing addition to this rule, in the proposed date specified above. The Federal With Today’s Action? rules section of today’s Federal Register Register withdrawal document will we are publishing a separate document specify which part of the authorization On March 23, 2001, Tennessee that proposes to authorize the State will become effective, and which part is submitted a final complete program program changes. being withdrawn. revision application, seeking authorization of their changes in E. What Happens if EPA Receives F. What Has Tennessee Previously Been accordance with 40 CFR 271.21. We Comments That Oppose This Action? Authorized For? now make an immediate final decision, If EPA receives comments that oppose Tennessee initially received Final subject to receipt of written comments this authorization, we will withdraw authorization on January 22, 1985, that oppose this action, that Tennessee’s this rule by publishing a document in effective February 5, 1985 (50 FR 2820), hazardous waste program revision the Federal Register before the rule to implement the RCRA hazardous satisfies all of the requirements becomes effective. EPA will base any waste management program. We granted necessary to qualify for Final further decision on the authorization of authorization for changes to their authorization. Therefore, we grant the State program changes on the program on October 26, 2000, effective Tennessee Final authorization for the proposal mentioned in the previous December 26, 2000 (65 FR 64161), following program change:
Description of Federal requirement Federal Register date and page Analogous State authority 1
174—Post Closure Permit Require- 63 FR 56710, 10/22/98 ...... Tennessee Code Annotated (TCA) 68–211–106(a)(1) & (2); 68–211– ment and Closure Process. 107(a); 68–211–1001 et seq; 68–212–106(a)(1); 68–212–107(a), (d)(1), (3), & (6); Tennessee Revised Code (TRC) 1200–1–11– .02(1)(e)10, .02(1)(f)1(iii)(IV)I–III, .11(2)(a)9, .11(3)(c)4, .11(3)(c)4(i)–(iv), .11(5)(f)8, .11(5)(f)8(i)–(iv), .11(6)(e)7, .11(6)(e)7(i)–(iv), .11(7)(e)7, .11(7)(e)7(i)(iv). 1 The Tennessee provisions are from the Tennessee Administrative Regulations, effective July 19, 1999.
H. Where Are the Revised State Rules J. How Does Today’s Action Affect L. Administrative Requirements Different From the Federal Rules? Indian Country (18 U.S.C. 115) in The Office of Management and Budget Tennessee? There are no State requirements that has exempted this action from the are more stringent or broader in scope Tennessee is not authorized to carry requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and than the Federal requirements. out its hazardous waste program in therefore this action is not subject to Indian country within the State. I. Who Handles Permits After the review by OMB. This action authorizes Therefore, this action has no effect on Authorization Takes Effect? State requirements for the purpose of Indian country. EPA will continue to RCRA section 3006 and imposes no Tennessee will issue permits for all implement and administer the RCRA additional requirements beyond those the provisions for which it is authorized program in these lands. imposed by State law. Accordingly, I and will administer the permits it K. What Is Codification and Is EPA certify that this action will not have a issues. EPA will continue to administer Codifying Tennessee’s Hazardous significant economic impact on a any RCRA hazardous waste permits or Waste Program as Authorized in This substantial number of small entities portions of permits which we issued Rule? under the Regulatory Flexibility Act (5 prior to the effective date of this U.S.C. 601 et seq.). Because this action authorization. We will not issue any Codification is the process of placing authorizes pre-existing requirements more new permits or new portions of the State’s statutes and regulations that under State law and does not impose permits for the provisions listed in the comprise the State’s authorized any additional enforceable duty beyond Table above after the effective date of hazardous waste program into the Code that required by State law, it does not this authorization. EPA will continue to of Federal Regulations. We do this by contain any unfunded mandate or implement and issue permits for HSWA referencing the authorized State rules in significantly or uniquely affect small requirements for which Tennessee is not 40 CFR part 272. We reserve the governments, as described in the yet authorized. amendment of 40 CFR part 272, subpart Unfunded Mandates Reform Act of 1995 RR for this authorization of Tennessee’s (Pub. L. 104–4). For the same reason, this action also does not significantly or program changes until a later date. uniquely affect the communities of Tribal governments, as specified by
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Executive Order 13175 (65 FR 67249, copy of the rule, to each House of the according to the Fishery Management November 6, 2000). This action will not Congress and to the Comptroller General Plan for Groundfish of the Gulf of have substantial direct effects on the of the United States. EPA will submit a Alaska (FMP) prepared by the North States, on the relationship between the report containing this document and Pacific Fishery Management Council national government and the States, or other required information to the U.S. under authority of the Magnuson- on the distribution of power and Senate, the U.S. House of Stevens Fishery Conservation and responsibilities among the various Representatives, and the Comptroller Management Act. Regulations governing levels of government, as specified in General of the United States prior to fishing by U.S. vessels in accordance Executive Order 13132 (64 FR 43255, publication in the Federal Register. A with the FMP appear at subpart H of 50 August 10, 1999), because it merely major rule cannot take effect until 60 CFR part 600 and 50 CFR part 679. authorizes State requirements as part of days after it is published in the Federal In accordance with § 679.20(c)(3)(ii), the State RCRA hazardous waste Register. This action is not a ‘‘major the pollock TAC specified for the West program without altering the rule’’ as defined by 5 U.S.C. 804(2). This Yakutat District of the GOA is 1,078 relationship or the distribution of power action will be effective June 10, 2003. metric tons (mt) as established by the and responsibilities established by List of Subjects in 40 CFR Part 271 final 2003 harvest specifications for RCRA. This action also is not subject to groundfish of the GOA (68 FR 9924, Executive Order 13045 (62 FR 19885, Environmental protection, March 3, 2003). April 23, 1997), because it is not Administrative practice and procedure, In accordance with § 679.20(d)(1)(i), economically significant and it does not Confidential business information, the Administrator, Alaska Region, make decisions based on environmental Hazardous waste, Hazardous waste NMFS (Regional Administrator), has health or safety risks. This rule is not transportation, Indians-lands, determined that the pollock TAC subject to Executive Order 13211, Intergovernmental relations, Penalties, specified for the West Yakutat District of ‘‘Actions Concerning Regulations That Reporting and recordkeeping the GOA will soon be reached. Significantly Affect Energy Supply, requirements. Distribution, or Use’’ (66 FR 28355 (May Therefore, the Regional Administrator is Authority: This action is issued under the establishing a directed fishing 22, 2001)) because it is not a significant authority of sections 2002(a), 3006 and regulatory action under Executive Order allowance of 1,058 mt, and is setting 7004(b) of the Solid Waste Disposal Act as aside the remaining 20 mt as bycatch to 12866. amended 42 U.S.C. 6912(a), 6926, 6974(b). Under RCRA section 3006(b), EPA support other anticipated groundfish grants a State’s application for J.I. Palmer, Jr., fisheries. In accordance with authorization as long as the State meets Regional Administrator, Region 4. § 679.20(d)(1)(iii), the Regional the criteria required by RCRA. It would [FR Doc. 03–8664 Filed 4–10–03; 8:45 am] Administrator finds that this directed thus be inconsistent with applicable law BILLING CODE 6560–50–P fishing allowance will soon be reached. for EPA, when it reviews a State Consequently, NMFS is prohibiting authorization application, to require the directed fishing for pollock in the West use of any particular voluntary DEPARTMENT OF COMMERCE Yakutat District of the GOA. consensus standard in place of another Maximum retainable amounts may be standard that otherwise satisfies the National Oceanic and Atmospheric found in the regulations at § 679.20(e) requirements of RCRA. Thus, the Administration and (f). requirements of section 12(d) of the Classification National Technology Transfer and 50 CFR Part 679 Advancement Act of 1995 (15 U.S.C. [Docket No. 021122286–3036–02; I.D. This action responds to the best 272 note) do not apply. As required by 040703C] available information recently obtained section 3 of Executive Order 12988 (61 from the fishery. The Assistant FR 4729, February 7, 1996), in issuing Fisheries of the Exclusive Economic Administrator for Fisheries, NOAA, this rule, EPA has taken the necessary Zone Off Alaska; Pollock in the West finds good cause to waive the steps to eliminate drafting errors and Yakutat District of the Gulf of Alaska requirement to provide prior notice and ambiguity, minimize potential litigation, opportunity for public comment AGENCY: National Marine Fisheries and provide a clear legal standard for pursuant to the authority set forth at 5 Service (NMFS), National Oceanic and affected conduct. EPA has complied U.S.C. 553(b)(B) as such requirement is Atmospheric Administration (NOAA), with Executive Order 12630 (53 FR contrary to the public interest. This Commerce. 8859, March 15, 1988) by examining the requirement is contrary to the public takings implications of the rule in ACTION: Closure. interest as it would delay the closure of accordance with the Attorney General’s SUMMARY: NMFS is prohibiting directed the fishery, lead to exceeding the TAC, Supplemental Guidelines for the fishing for pollock in the West Yakutat and therefore reduce the public’s ability Evaluation of Risk and Avoidance of District of the Gulf of Alaska (GOA). to use and enjoy the fishery resource. Unanticipated Takings issued under the This action is necessary to prevent The Assistant Administrator for executive order. This rule does not exceeding the pollock total allowable Fisheries, NOAA, also finds good cause impose an information collection catch (TAC) specified for the West to waive the 30–day delay in the burden under the provisions of the Yakutat District of the GOA. effective date of this action under 5 Paperwork Reduction Act of 1995 (44 DATES: Effective 1200 hrs, Alaska local U.S.C. 553(d)(3). This finding is based U.S.C. 3501 et seq.). upon the reasons provided above for The Congressional Review Act, 5 time (A.l.t.), April 7, 2003, through 2400 waiver of prior notice and opportunity U.S.C. 801 et seq., as added by the Small hrs, A.l.t., December 31, 2003. for public comment. Business Regulatory Enforcement FOR FURTHER INFORMATION CONTACT: Fairness Act of 1996, generally provides Mary Furuness, 907–586–7228. This action is required by section that before a rule may take effect, the SUPPLEMENTARY INFORMATION: NMFS 679.20 and is exempt from review under agency promulgating the rule must manages the groundfish fishery in the Executive Order 12866. submit a rule report, which includes a GOA exclusive economic zone Authority: 16 U.S.C. 1801 et seq.
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Dated: April 7, 2003. Richard W. Surdi, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 03–8930 Filed 4–8–03; 4:57 pm] BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 68, No. 70
Friday, April 11, 2003
This section of the FEDERAL REGISTER room. The reading room is located in animals for health assessment; (4) contains notices to the public of the proposed room 1141 of the USDA South Building, guidance to principal investigators and issuance of rules and regulations. The 14th Street and Independence Avenue other personnel involved in the care and purpose of these notices is to give interested SW., Washington, DC. Normal reading use of animals regarding handling, persons an opportunity to participate in the room hours are 8 a.m. to 4:30 p.m., immobilization, anesthesia, analgesia, rule making prior to the adoption of the final rules. Monday through Friday, except tranquilization, and euthanasia; and (5) holidays. To be sure someone is there to adequate pre- and post-procedural care help you, please call (202) 690–2817 according to current established DEPARTMENT OF AGRICULTURE before coming. veterinary medical and nursing APHIS documents published in the procedures. Sections 2.33(b)(3) and Animal and Plant Health Inspection Federal Register, and related 2.40(b)(3) further provide that a Service information, including the names of mechanism of direct and frequent organizations and individuals who have communication is required so that 9 CFR Part 2 commented on APHIS dockets, are timely and accurate information on available on the Internet at http:// [Docket No. 97–033–1] problems of animal health, behavior, www.aphis.usda.gov/ppd/rad/ and well-being is conveyed to the Animal Welfare; Medical Records webrepor.html. attending veterinarian. FOR FURTHER INFORMATION CONTACT: Dr. While maintenance of medical AGENCY: Animal and Plant Health Jerry DePoyster, Senior Veterinary records is implied through our Inspection Service, USDA. Medical Officer, Animal Care, APHIS, requirements for adequate veterinary ACTION: Proposed rule. 4700 River Road Unit 84, Riverdale, MD care, the regulations do not specifically stipulate the maintenance of medical SUMMARY: We are proposing to amend 20737–1231; (301) 734–7586. the Animal Welfare Act regulations to SUPPLEMENTARY INFORMATION: records as one of the elements in a program of adequate veterinary care. require that research facilities, dealers, Background and exhibitors maintain medical records Medical records are an essential part of as part of their program of adequate The Animal Welfare Act (the Act) (7 any program of adequate veterinary veterinary care. We believe research U.S.C. 2131 et seq.) authorizes the care. Adequate veterinary care can only facilities, dealers, and exhibitors should Secretary of Agriculture to promulgate be provided to animals if an accurate maintain medical records as a means of standards and other requirements medical history is maintained on the communication concerning the care governing the humane handling, animals to provide communication being provided to animals and to ensure housing, care, treatment, and among all personnel involved in that animals receive adequate veterinary transportation of certain animals by providing care. In addition, medical care. In addition, these records would dealers, research facilities, exhibitors, records provide a basis for APHIS provide a basis for the Animal and Plant carriers, and intermediate handlers. The inspectors to assess a veterinary care Health Inspection Service to better Secretary of Agriculture has delegated program and ensure that animals receive assess the veterinary care programs of the responsibility of enforcing the Act to adequate veterinary care. research facilities, dealers, and the Administrator of the Animal and Therefore, we propose to add new exhibitors. Plant Health Inspection Service §§ 2.33(b)(6) and 2.40(b)(6) to the (APHIS). The regulations established regulations to include the maintenance DATES: We will consider all comments under the Act are contained in title 9 of of legible medical records as an that we receive on or before June 10, the Code of Federal Regulations (9 CFR), additional element of the program of 2003. chapter I, subchapter A, parts 1, 2, and adequate veterinary care required by the ADDRESSES: You may submit comments 3. Subparts C and D of 9 CFR part 2 regulations. To ensure that medical by postal mail/commercial delivery or (§§ 2.30 through 2.40, referred to below records include, at a minimum, by e-mail. If you use postal mail/ as the regulations) require, among other information such as the vaccination commercial delivery, please send four things, that each research facility, history, surgical history, and any known copies of your comment (an original and dealer, and exhibitor have an attending drug sensitivities of the animals, we three copies) to: Docket No. 97–033–1, veterinarian and maintain a program of would specify that each medical record Regulatory Analysis and Development, adequate veterinary care. must include: (1) The identity of the PPD, APHIS, Station 3C71, 4700 River Currently, § 2.33(b), regarding animal (with the exception that routine Road Unit 118, Riverdale, MD 20737– research facilities, and § 2.40(b), husbandry, such as vaccinations, 1238. Please state that your comment regarding dealers and exhibitors, preventive medical procedures, or refers to Docket No. 97–033–1. If you describe the elements that must be treatments, performed on all animals in use e-mail, address your comment to included in a program of adequate a group (or herd) may be kept on a [email protected]. Your veterinary care. These elements include: single record); (2) the date, description comment must be contained in the body (1) The availability of appropriate of the problem, pertinent history, of your message; do not send attached facilities, personnel, equipment, and observations, examination findings, test files. Please include your name and services; (2) the use of appropriate results, and plan for treatment and care address in your message and ‘‘Docket methods to prevent, control, diagnose, with a tentative diagnosis and a No. 97–033–1’’ on the subject line. and treat diseases and injuries and the prognosis, when appropriate; (3) the You may read any comments that we availability of emergency, weekend, and type and chronology of treatment receive on this docket in our reading holiday care; (3) daily observation of all procedures performed, the context of
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the problem to which the treatment would help ensure that animals receive that contains the information described procedures pertain, and the adequate veterinary care. In addition, in this proposed rule. identification of the medication used, these records would provide a basis for Under these circumstances, the the date given, dosage, route of APHIS to better assess the veterinary Administrator of the Animal and Plant administration, frequency, and duration care programs of research facilities, Health Inspection Service has of treatment; (4) the names of all dealers, and exhibitors. determined that this action would not vaccines administered and the dates of In fiscal year 2000, there were 8,773 have a significant economic impact on vaccination; and (5) the dates and facilities of all sizes licensed or a substantial number of small entities. results of all screening, routine, or other registered under the Act, including Executive Order 12372 required or recommended tests. 4,612 dealers; 2,508 exhibitors; and Amending the regulations to 1,265 research facilities. Most research This program/activity is listed in the specifically include requirements for facilities are large relative to other Catalog of Federal Domestic Assistance maintaining medical records would regulated entities, and the average under No. 10.025 and is subject to necessitate changes to the provisions of number of animals per research facility Executive Order 12372, which requires the regulations regarding recordkeeping in fiscal year 2000 was 1,027.1 This rule intergovernmental consultation with requirements for research facilities, would affect those facilities that provide State and local officials. (See 7 CFR part dealers, and exhibitors. Section 2.35 veterinary care. 3015, subpart V.) pertains to the recordkeeping In 1997, there were 10,045 U.S. farms Executive Order 12988 requirements for research facilities, and in North American Industry This proposed rule has been reviewed paragraph (f) of that section stipulates Classification System (NAICS) category that records and reports must be under Executive Order 12988, Civil 11299 (All Other Animal Production, Justice Reform. It is not intended to maintained for at least 3 years. We which includes dog and cat breeders/ would amend the recordkeeping have retroactive effect. This rule would dealers), and the average annual sales not preempt any State or local laws, requirements for research facilities in per farm for that year was $105,624, § 2.35(f) to require that medical records regulations, or policies, unless they well below the U.S. Small Business present an irreconcilable conflict with be kept for 1 year after the disposition Administration’s (SBA) small entity of the animals and that one copy of this rule. The Act does not provide threshold of $750,000. In addition, in administrative procedures which must those records be provided to subsequent 1997, there were 4,607 U.S. firms in owners of the animals or to any person be exhausted prior to a judicial NAICS 541710 (Research and challenge to the provisions of this rule. to whom the animals are consigned. The Development in the Physical, retention period for all other records Engineering, and Life Sciences, which Paperwork Reduction Act and reports would continue to be 3 includes research facilities) that years. In accordance with section 3507(d) of operated for the full year, and 99 We would amend § 2.75, regarding the Paperwork Reduction Act of 1995 percent of those firms had fewer than recordkeeping by dealers and exhibitors, (44 U.S.C. 3501 et seq.), the information by adding a new paragraph (b)(4) 500 employees, which is the SBA’s collection or recordkeeping requiring that one copy of the medical small entity threshold for firms in requirements included in this proposed records be provided to subsequent NAICS 541710. In 1997, there were 498 rule have been submitted for approval to owners of the animals or to any other firms in NAICS 711190 (Other the Office of Management and Budget person to whom the animals are Performing Arts Companies, which (OMB). Please send written comments consigned. Because § 2.80 currently includes circus exhibitors) that operated to the Office of Information and contains a requirement that dealers and for the full year, and 99 percent of those Regulatory Affairs, OMB, Attention: exhibitors, among others, retain records firms had less than $5 million in sales Desk Officer for APHIS, Washington, DC for 1 year after the disposition of the that year, which is the SBA’s small 20503. Please state that your comments animals, we would not need to provide entity threshold for firms in NAICS refer to Docket No. 97–033–1. Please a specific retention period for medical 711190. send a copy of your comments to: (1) records. APHIS does not anticipate a great Docket No. 97–033–1, Regulatory increase in burden to regulated entities. Analysis and Development, PPD, Executive Order 12866 and Regulatory Almost all research facilities and more APHIS, Station 3C71, 4700 River Road Flexibility Act than 75 percent of other regulated Unit 118, Riverdale, MD 20737–1238, This proposed rule has been reviewed facilities already comply with these and (2) Clearance Officer, OCIO, USDA, under Executive Order 12866. The rule proposed minimum standards for room 404–W, 14th Street and has been determined to be not medical records. However, there may be Independence Avenue SW., significant for the purposes of Executive a few entities that would need to Washington, DC 20250. A comment to Order 12866 and, therefore, has not improve the recordkeeping already in OMB is best assured of having its full been reviewed by the Office of place, thus increasing their burden at effect if OMB receives it within 30 days Management and Budget. least temporarily. We anticipate that the of publication of this proposed rule. This proposed rule would amend the costs associated with any increase in This proposed rule would amend the Animal Welfare Act regulations to burden would be minimal and would be Animal Welfare Act regulations by require that research facilities, dealers, limited primarily to the salary costs for requiring research facilities, dealers, and and exhibitors maintain medical records the employee or employees responsible exhibitors to maintain medical records as part of their program of adequate for assembling the documentation as part of their program of adequate veterinary care. Currently, the necessary to establish a medical record veterinary care. We would require maintenance of medical records is not medical records to include: (1) The specifically listed as one of the elements 1 See APHIS’’ Animal Welfare Enforcement identity of the animal (with the of a program of adequate veterinary Report for Fiscal Year 2000, available on the exception that routine husbandry, such Internet at http://www.aphis.usda.gov/ac/ care. However, we believe that requiring publications.html. The average of 1,027 animals per as vaccinations, preventive medical research facilities, dealers, and research facility is based on 1,265 total facilities procedures, or treatments, performed on exhibitors to maintain medical records (1,231 active facilities and 34 inactive facilities). all animals in a group (or herd) may be
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kept on a single record); (2) the date, Respondents: Research facilities, for matters of animal health, behavior, description of the problem, pertinent dealers, and exhibitors. and well-being. Medical records history, observations, examination Estimated annual number of document the animal’s illness, findings, test results, and plan for respondents: 8,000. veterinary care, and treatment and serve treatment and care with a tentative Estimated annual number of as a basis for review, study, and diagnosis and a prognosis, when responses per respondent: 691,975. evaluation of veterinary care rendered appropriate; (3) the type and chronology Estimated annual number of by the facility. Medical records must be of treatment procedures performed, the responses: 5,535,800. legible and include at least the context of the problem to which the Estimated total annual burden on following information: treatment procedures pertain, and the respondents: 459,605 hours. (Due to (i) The identity of the individual identification of the medication used, averaging, the total annual burden hours animal; Provided, however, That routine the date given, dosage, route of may not equal the product of the annual husbandry, such as vaccinations, administration, frequency, and duration number of responses multiplied by the preventive medical procedures, or of treatment; (4) the names of all reporting burden per response.) treatments, performed on all animals in vaccines administered and the dates of Copies of this information collection a group (or herd) may be kept on a vaccination; and (5) the dates and can be obtained from Mrs. Celeste single record; results of all screening, routine, or other Sickles, APHIS’ Information Collection (ii) The date, description of the required or recommended tests. Coordinator, at (301) 734–7477. problem, pertinent history, In addition, we would amend the Government Paperwork Elimination observations, examination findings, test regulations regarding recordkeeping Act Compliance results, and plan for treatment and care requirements for research facilities, with a tentative diagnosis and a dealers, and exhibitors. Specifically, we The Animal and Plant Health prognosis, when appropriate; would amend the recordkeeping Inspection Service is committed to (iii) The type and chronology of requirements for research facilities in compliance with the Government treatment procedures performed, the § 2.35(f) to require that medical records Paperwork Elimination Act (GPEA), context of the problem to which the be kept for 1 year after the disposition which requires Government agencies in treatment procedures pertain, and the of the animals and that one copy of general to provide the public the option identification of the medication used, those records be provided to subsequent of submitting information or transacting the date given, dosage, route of owners of the animals or to any person business electronically to the maximum administration, frequency, and duration to whom the animals are consigned. We extent possible. For information of treatment; would amend § 2.75, regarding pertinent to GPEA compliance related to (iv) The names of all vaccines recordkeeping by dealers and exhibitors, this proposed rule, please contact Mrs. administered and the dates of by adding a new paragraph (b)(4) Celeste Sickles, APHIS’ Information vaccination; and requiring that one copy of the medical Collection Coordinator, at (301) 734– (v) The dates and results of all records be provided to subsequent 7477. screening, routine, or other required or owners of the animals or to any other List of Subjects in 9 CFR Part 2 recommended tests. person to whom the animals are 3. In § 2.35, paragraph (f), the first consigned. Animal welfare, Pets, Reporting and sentence would be removed and two We are soliciting comments from the recordkeeping requirements, Research. new sentences would be added in its public (as well as affected agencies) Accordingly, we propose to amend 9 place to read as follows: concerning our proposed information CFR part 2 as follows: collection and recordkeeping § 2.35 Recordkeeping requirements. requirements. These comments will PART 2—REGULATIONS * * * * * help us: (f) The medical records required 1. The authority citation for part 2 (1) Evaluate whether the proposed under § 2.33(b)(6) shall be kept for at would continue to read as follows: information collection is necessary for least 1 year after the disposition of the the proper performance of our agency’s Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, animal, and a copy shall be given to the functions, including whether the 2.80, and 371.7. subsequent owner of the animal or to information will have practical utility; 2. In § 2.33, paragraph (b) would be any person to whom the animal is (2) Evaluate the accuracy of our amended as follows: consigned. All other records and reports estimate of the burden of the proposed a. In paragraph (b)(4), by removing the shall be maintained for at least 3 years. information collection, including the word ‘‘and’’ immediately after the *** validity of the methodology and semicolon. 4. In § 2.40, paragraph (b) would be assumptions used; b. In paragraph (b)(5), by removing the amended as follows: (3) Enhance the quality, utility, and period and adding the word ‘‘; and’’ in a. In paragraph (b)(4), by removing the clarity of the information to be its place. word ‘‘and’’ immediately after the collected; and c. By adding new paragraph (b)(6) to semicolon. (4) Minimize the burden of the read as set forth below. b. In paragraph (b)(5), by removing the information collection on those who are period and adding the word ‘‘; and’’ in to respond (such as through the use of § 2.33 Attending veterinarian and adequate its place. veterinary care. appropriate automated, electronic, c. By adding new paragraph (b)(6) to mechanical, or other technological * * * * * read as set forth below. collection techniques or other forms of (b) * * * information technology; e.g., permitting (6) The maintenance of medical § 2.40 Attending veterinarian and adequate electronic submission of responses). records is a required component of veterinary care (dealers and exhibitors). Estimate of burden: Public reporting adequate veterinary care. They serve as * * * * * burden for this collection of information a basis for reviewing the medical history (b) * * * is estimated to average 0.083 hours per and planning veterinary care and (6) The maintenance of medical response. provide a mechanism of communication records is a required component of
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adequate veterinary care. They serve as DEPARTMENT OF TRANSPORTATION Lind Avenue, SW., Renton, Washington a basis for reviewing the medical history 98055–4056; telephone (425) 227–2125; and planning veterinary care and Federal Aviation Administration fax (425) 227–1149. provide a mechanism of communication SUPPLEMENTARY INFORMATION: for matters of animal health, behavior, 14 CFR Part 39 Comments Invited and well-being. Medical records [Docket No. 2001–NM–401–AD] document the animal’s illness, Interested persons are invited to veterinary care, and treatment and serve RIN 2120–AA64 participate in the making of the as a basis for review, study, and proposed rule by submitting such Airworthiness Directives; Aerospatiale evaluation of veterinary care rendered written data, views, or arguments as Model ATR72 Series Airplanes by the facility. Medical records must be they may desire. Communications shall identify the Rules Docket number and legible and include at least the AGENCY: Federal Aviation be submitted in triplicate to the address following information: Administration, DOT. specified above. All communications (i) The identity of the individual ACTION: Notice of proposed rulemaking received on or before the closing date animal; Provided, however, That routine (NPRM). for comments, specified above, will be husbandry, such as vaccinations, considered before taking action on the SUMMARY: This document proposes the preventive medical procedures, or adoption of a new airworthiness proposed rule. The proposals contained treatments, performed on all animals in directive (AD) that is applicable to in this action may be changed in light a group (or herd), may be kept on a certain Aerospatiale Model ATR72 of the comments received. Submit comments using the following single record; series airplanes. This proposal would format: (ii) The date, description of the require installing brackets and ramps • Organize comments issue-by-issue. problem, pertinent history, under floor panels between frames 23C For example, discuss a request to observations, examination findings, test and 23D, and installing wire bundles on change the compliance time and a results, and plan for treatment and care the ramps. This action is necessary to request to change the service bulletin with a tentative diagnosis and a prevent chafing damage to the electrical reference as two separate issues. prognosis, when appropriate; wire cables, which could lead to an • For each issue, state what specific electrical short circuit and potential for (iii) The type and chronology of change to the proposed AD is being a fire under the floor panels. This action treatment procedures performed, the requested. is intended to address the identified • Include justification (e.g., reasons or context of the problem to which the unsafe condition. treatment procedures pertain, and the data) for each request. DATES: identification of the medication used, Comments must be received by Comments are specifically invited on May 12, 2003. the overall regulatory, economic, the date given, dosage, route of environmental, and energy aspects of administration, frequency, and duration ADDRESSES: Submit comments in the proposed rule. All comments of treatment; triplicate to the Federal Aviation Administration (FAA), Transport submitted will be available, both before (iv) The names of all vaccines Airplane Directorate, ANM–114, and after the closing date for comments, administered and the dates of Attention: Rules Docket No. 2001–NM– in the Rules Docket for examination by vaccination; and 401–AD, 1601 Lind Avenue, SW., interested persons. A report (v) The dates and results of all Renton, Washington 98055–4056. summarizing each FAA-public contact screening, routine, or other required or Comments may be inspected at this concerned with the substance of this recommended tests. location between 9 a.m. and 3 p.m., proposal will be filed in the Rules Monday through Friday, except Federal Docket. 5. In § 2.75, a new paragraph (b)(4) holidays. Comments may be submitted Commenters wishing the FAA to would be added to read as follows: via fax to (425) 227–1232. Comments acknowledge receipt of their comments § 2.75 Records: Dealers and exhibitors. may also be sent via the Internet using submitted in response to this action the following address: 9-anm- must submit a self-addressed, stamped * * * * * [email protected]. Comments sent postcard on which the following (b) * * * via fax or the Internet must contain statement is made: ‘‘Comments to (4) One copy of the medical records ‘‘Docket No. 2001–NM–401–AD’’ in the Docket Number 2001–NM–401–AD.’’ containing the information required by subject line and need not be submitted The postcard will be date stamped and returned to the commenter. § 2.40(b)(6) shall be provided to the in triplicate. Comments sent via the subsequent owner of the animal or to Internet as attached electronic files must Availability of NPRMs be formatted in Microsoft Word 97 for any person to whom the animal is Any person may obtain a copy of this consigned. Windows or ASCII text. The service information referenced in NPRM by submitting a request to the Done in Washington, DC, this 7th day of the proposed rule may be obtained from FAA, Transport Airplane Directorate, April 2003. Aerospatiale, 316 Route de Bayonne, ANM–114, Attention: Rules Docket No. Peter Fernandez, 31060 Toulouse, Cedex 03, France. This 2001–NM–401–AD, 1601 Lind Avenue, SW., Renton, Washington 98055–4056. Acting Administrator, Animal and Plant information may be examined at the Health Inspection Service. FAA, Transport Airplane Directorate, Discussion [FR Doc. 03–8928 Filed 4–10–03; 8:45 am] 1601 Lind Avenue, SW., Renton, The Direction Ge´ne´rale de l’Aviation BILLING CODE 3410–34–P Washington. Civile (DGAC), which is the FOR FURTHER INFORMATION CONTACT: Dan airworthiness authority for France, Rodina, Aerospace Engineer, notified the FAA that an unsafe International Branch, ANM–116, FAA, condition may exist on certain Transport Airplane Directorate, 1601 Aerospatiale Model ATR72 series
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airplanes. The DGAC advises of an States, the proposed AD would require The Proposed Amendment incident in which loss of a blue accomplishment of the actions specified Accordingly, pursuant to the hydraulic circuit occurred during in the service bulletin described authority delegated to me by the landing. The circuit failure was found to previously. Administrator, the Federal Aviation be the result of an electrical short circuit Cost Impact Administration proposes to amend part between the electrical power supply 39 of the Federal Aviation Regulations cables for the blue hydraulic pump and The FAA estimates that 65 airplanes (14 CFR part 39) as follows: the steering hydraulic pipe, located of U.S. registry would be affected by this under certain floor panels. There was proposed AD, that it would take PART 39—AIRWORTHINESS evidence of a fire in the vicinity due to approximately 6 work hours per DIRECTIVES the electrical short circuit. The apparent airplane to accomplish the proposed cause of these failures was a specific actions, and that the average labor rate 1. The authority citation for part 39 quality problem during cable is $60 per work hour. Required parts continues to read as follows: installation on the production line. would cost approximately $1,844 per Authority: 49 U.S.C. 106(g), 40113, 44701. Improper routing of electrical cables in airplane. Based on these figures, the cost § 39.13 [Amended] the subject area, if not corrected, could impact of the proposed AD on U.S. result in chafing damage to the electrical operators is estimated to be $143,260, or 2. Section 39.13 is amended by wire cables, which could lead to an $2,204 per airplane. adding the following new airworthiness directive: electrical short circuit and potential for The cost impact figure discussed a fire under the floor panels. above is based on assumptions that no Aerospatiale: Docket 2001–NM–401–AD. Explanation of Relevant Service operator has yet accomplished any of Applicability: Model ATR72 series Information the proposed requirements of this AD airplanes, certificated in any category; except action, and that no operator would those airplanes on which modification 5297 Aerospatiale has issued Avions de has been accomplished in production, or on accomplish those actions in the future if Transport Regional Service Bulletin which Avions de Transport Regional (ATR) this proposed AD were not adopted. The ATR72–92–1006, dated September 28, Service Bulletin ATR72–92–1006, dated cost impact figures discussed in AD 2001, which describes procedures for September 28, 2001, has been accomplished rulemaking actions represent only the in service. installing, under floor panels between time necessary to perform the specific frames 23C and 23D, brackets and ramps Note 1: This AD applies to each airplane actions actually required by the AD. identified in the preceding applicability that correctly route the wire bundles, These figures typically do not include provision, regardless of whether it has been which have the power supply cables for incidental costs, such as the time otherwise modified, altered, or repaired in the blue hydraulic pump, and installing required to gain access and close up, the area subject to the requirements of this wire bundles on the ramps so that the AD. For airplanes that have been modified, planning time, or time necessitated by cables pass the steering hydraulic pipe altered, or repaired so that the performance other administrative actions. without chafing. Accomplishment of the of the requirements of this AD is affected, the actions specified in the service bulletin Regulatory Impact owner/operator must request approval for an is intended to adequately address the alternative method of compliance in The regulations proposed herein accordance with paragraph (b) of this AD. identified unsafe condition. The DGAC would not have a substantial direct The request should include an assessment of classified this service bulletin as effect on the States, on the relationship the effect of the modification, alteration, or mandatory and issued French between the national government and repair on the unsafe condition addressed by airworthiness directive 2001–505– this AD; and, if the unsafe condition has not the States, or on the distribution of 059(B), dated October 17, 2001, in order been eliminated, the request should include power and responsibilities among the to assure the continued airworthiness of specific proposed actions to address it. various levels of government. Therefore, these airplanes in France. Compliance: Required as indicated, unless it is determined that this proposal accomplished previously. FAA’s Conclusions would not have federalism implications To prevent chafing damage to the electrical This airplane model is manufactured under Executive Order 13132. wire cables, which could lead to an electrical in France and is type certificated for For the reasons discussed above, I short circuit and consequent fire under the floor panels, accomplish the following: operation in the United States under the certify that this proposed regulation (1) provisions of section 21.29 of the is not a ‘‘significant regulatory action’’ Installation Federal Aviation Regulations (14 CFR under Executive Order 12866; (2) is not (a) Within 12 months after the effective 21.29) and the applicable bilateral a ‘‘significant rule’’ under the DOT date of this AD, perform the actions specified airworthiness agreement. Pursuant to Regulatory Policies and Procedures (44 in paragraphs (a)(1) and (a)(2) of this AD per this bilateral airworthiness agreement, FR 11034, February 26, 1979); and (3) if the Accomplishment Instructions of ATR the DGAC has kept the FAA informed promulgated, will not have a significant Service Bulletin ATR72–92–1006, dated of the situation described above. The economic impact, positive or negative, September 28, 2001. on a substantial number of small entities (1) Install brackets and ramps under floor FAA has examined the findings of the panels between frames 23C and 23D. DGAC, reviewed all available under the criteria of the Regulatory (2) Install wire bundles on the ramps. information, and determined that AD Flexibility Act. A copy of the draft action is necessary for products of this regulatory evaluation prepared for this Alternative Methods of Compliance type design that are certificated for action is contained in the Rules Docket. (b) An alternative method of compliance or operation in the United States. A copy of it may be obtained by adjustment of the compliance time that contacting the Rules Docket at the provides an acceptable level of safety may be Explanation of Requirements of location provided under the caption used if approved by the Manager, International Branch, ANM–116, Transport Proposed Rule ADDRESSES. Airplane Directorate, FAA. Operators shall Since an unsafe condition has been List of Subjects in 14 CFR Part 39 submit their requests through an appropriate identified that is likely to exist or FAA Principal Maintenance Inspector, who develop on other airplanes of the same Air transportation, Aircraft, Aviation may add comments and then send it to the type design registered in the United safety, Safety. Manager, International Branch, ANM–116.
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Note 2: Information concerning the Administration (FAA), Transport submitted will be available, both before existence of approved alternative methods of Airplane Directorate, ANM–114, and after the closing date for comments, compliance with this AD, if any, may be Attention: Rules Docket No. 2002–NM– in the Rules Docket for examination by obtained from the International Branch, 16–AD, 1601 Lind Avenue, SW., interested persons. A report ANM–116. Renton, Washington 98055–4056. summarizing each FAA-public contact Special Flight Permits Comments may be inspected at this concerned with the substance of this (c) Special flight permits may be issued in location between 9 a.m. and 3 p.m., proposal will be filed in the Rules accordance with sections 21.197 and 21.199 Monday through Friday, except Federal Docket. of the Federal Aviation Regulations (14 CFR holidays. Comments may be submitted Commenters wishing the FAA to 21.197 and 21.199) to operate the airplane to via fax to (425) 227–1232. Comments acknowledge receipt of their comments a location where the requirements of this AD may also be sent via the Internet using submitted in response to this action can be accomplished. the following address: 9–anm– must submit a self-addressed, stamped Note 3: The subject of this AD is addressed [email protected]. Comments sent postcard on which the following in French airworthiness directive 2001–505– via fax or the Internet must contain statement is made: ‘‘Comments to 059(B), dated October 17, 2001. ‘‘Docket No. 2002–NM–16–AD’’ in the Docket Number 2002–NM–16–AD.’’ The Issued in Renton, Washington, on April 7, subject line and need not be submitted postcard will be date stamped and 2003. in triplicate. Comments sent via the returned to the commenter. Ali Bahrami, Internet as attached electronic files must Availability of NPRMs be formatted in Microsoft Word 97 for Acting Manager, Transport Airplane Any person may obtain a copy of this Directorate, Aircraft Certification Service. Windows or ASCII text. The service information referenced in NPRM by submitting a request to the [FR Doc. 03–8891 Filed 4–10–03; 8:45 am] FAA, Transport Airplane Directorate, BILLING CODE 4910–13–P the proposed rule may be obtained from Airbus Industrie, 1 Rond Point Maurice ANM–114, Attention: Rules Docket No. Bellonte, 31707 Blagnac Cedex, France. 2002–NM–16–AD, 1601 Lind Avenue, SW., Renton, Washington 98055–4056. DEPARTMENT OF TRANSPORTATION This information may be examined at the FAA, Transport Airplane Discussion Federal Aviation Administration Directorate, 1601 Lind Avenue, SW., The Direction Generale de l’Aviation Renton, Washington. Civile (DGAC), which is the 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Dan airworthiness authority for France, [Docket No. 2002–NM–16–AD] Rodina, Aerospace Engineer, notified the FAA that an unsafe International Branch, ANM–116, FAA, condition may exist on certain Airbus RIN 2120–AA64 Transport Airplane Directorate, 1601 Model A319, A320, and A321 series Lind Avenue, SW., Renton, Washington Airworthiness Directives; Airbus Model airplanes equipped with certain cockpit 98055–4056; telephone (425) 227–2125; A319, A320, and A321 Series Airplanes lateral fixed windows manufactured by fax (425) 227–1149. PPG Aerospace. The DGAC advises that AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: an operator reported partial separation Administration, DOT. of the outer glass ply of the right-hand Comments Invited ACTION: Notice of proposed rulemaking cockpit lateral fixed window. This (NPRM). Interested persons are invited to window had been previously identified participate in the making of the as having delamination in the lower SUMMARY: This document proposes the proposed rule by submitting such forward corner. Investigation revealed adoption of a new airworthiness written data, views, or arguments as that a process used in the manufacturing directive (AD) that is applicable to they may desire. Communications shall of these windows was deficient, certain Airbus Model A319, A320, and identify the Rules Docket number and resulting in moisture ingress and A321 series airplanes equipped with be submitted in triplicate to the address delamination of the outer glass ply. This certain cockpit lateral fixed windows specified above. All communications condition, if not corrected, could result manufactured by PPG Aerospace. This received on or before the closing date in loss of the outer glass ply, and proposal would require a detailed for comments, specified above, will be consequent damage to the airplane and inspection of the cockpit lateral fixed considered before taking action on the injury to people or damage to property windows to detect moisture ingression proposed rule. The proposals contained on the ground. and delamination, and follow-on/ in this action may be changed in light corrective actions as applicable. This of the comments received. Explanation of Relevant Service proposed AD also provides for an Submit comments using the following Information optional terminating action for the format: Airbus has issued Service Bulletin repetitive inspections. This action is • Organize comments issue-by-issue. A320–56–1009, Revision 01, including necessary to prevent moisture For example, discuss a request to Appendix 01 and Reporting Sheet, ingression and delamination of the change the compliance time and a dated July 4, 2002. This service bulletin cockpit lateral fixed windows, which request to change the service bulletin describes procedures for a detailed could result in the loss of the outer glass reference as two separate issues. inspection of cockpit lateral fixed ply, and consequent damage to the • For each issue, state what specific windows manufactured by PPG airplane and injury to people or damage change to the proposed AD is being Aerospace having part number (P/N) to property on the ground. This action requested. NP–165313–1 or NP–165313–2, and is intended to address the identified • Include justification (e.g., reasons or having a serial number (S/N) below unsafe condition. data) for each request. 95001H0001 (PPG Aerospace DATES: Comments must be received by Comments are specifically invited on manufacturing date before January 1, May 12, 2003. the overall regulatory, economic, 1995), to detect moisture ingression ADDRESSES: Submit comments in environmental, and energy aspects of evidenced by urethane degradation or triplicate to the Federal Aviation the proposed rule. All comments delamination. For windows having no
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moisture ingression, the service bulletin previously. This proposed AD also Based on these figures, the cost impact describes procedures for either follow- would provide for optional terminating of the optional terminating replacement on repetitive inspections of those action for the repetitive inspections. would be $240 per airplane. windows to detect moisture ingression; Operators should note that, to be Regulatory Impact or replacement of those windows with consistent with the findings of the windows having P/N NP–165313–1 or DGAC, we have determined that the The regulations proposed herein NP–165313–2, and S/N 95001H0001 or repetitive inspections proposed by this would not have a substantial direct above (PPG Aerospace manufacturing AD can be allowed to continue in lieu effect on the States, on the relationship date January 1, 1995, or after), or with of accomplishment of the optional between the national Government and windows having P/N NP–165313–3 or terminating replacement, provided that the States, or on the distribution of NP–165313–4. For windows having no moisture ingression or delamination power and responsibilities among the urethane degradation, the service is found during the inspections. In various levels of government. Therefore, bulletin describes procedures for making this determination, we consider it is determined that this proposal replacement of those windows with that, in this case, long-term continued would not have federalism implications windows having a certain P/N and S/N. operational safety will be adequately under Executive Order 13132. For windows having delamination, the assured by accomplishing the repetitive For the reasons discussed above, I service bulletin describes procedures for inspections to detect moisture certify that this proposed regulation (1) measuring the length of the ingression and delamination before they is not a ‘‘significant regulatory action’’ delamination, and either performing represent a hazard to the airplane. under Executive Order 12866; (2) is not a ‘‘significant rule’’ under the DOT follow-on repetitive inspections or Difference Between Service Information Regulatory Policies and Procedures (44 replacing the windows with windows and Proposed Rule having a certain P/N and S/N, FR 11034, February 26, 1979); and (3) if depending on the length of the Operators should note that, although promulgated, will not have a significant delamination. Accomplishment of the Airbus Service Bulletin A320–56–1009, economic impact, positive or negative, replacement described in the service Revision 01, recommends that, in on a substantial number of small entities bulletin would eliminate the need for Appendix 01, operators submit under the criteria of the Regulatory repetitive inspections. inspection findings to Airbus, this AD Flexibility Act. A copy of the draft The DGAC classified this service does not include such a reporting regulatory evaluation prepared for this bulletin as mandatory and issued requirement. action is contained in the Rules Docket. French airworthiness directive 2001– Cost Impact A copy of it may be obtained by 632(B), dated December 26, 2001, in contacting the Rules Docket at the order to assure the continued The FAA estimates that 36 Model location provided under the caption airworthiness of these airplanes in A319, A320, and A321 series airplanes ADDRESSES. France. of U.S. registry would be affected by this The Airbus service bulletin references proposed AD, that it would take List of Subjects in 14 CFR Part 39 PPG Aerospace Service Bulletin NP– approximately 2 work hours per Air transportation, Aircraft, Aviation 165313–56–001, dated May 15, 2001, as airplane to accomplish the proposed safety, Safety. detailed inspection to identify moisture an additional source of service The Proposed Amendment information for accomplishing the ingression of certain identified cockpit actions described previously. lateral fixed windows, at an average Accordingly, pursuant to the labor rate of $60 per work hour. Based authority delegated to me by the FAA’s Conclusions on these figures, the cost impact of the Administrator, the Federal Aviation These airplane models are detailed inspection proposed by this AD Administration proposes to amend part manufactured in France and are type on U.S. operators is estimated to be 39 of the Federal Aviation Regulations certificated for operation in the United $4,320, or $120 per airplane, per (14 CFR part 39) as follows: States under the provisions of section inspection cycle. 21.29 of the Federal Aviation The cost impact figure discussed PART 39—AIRWORTHINESS Regulations (14 CFR 21.29) and the above based on assumptions that no DIRECTIVES applicable bilateral airworthiness operator has yet accomplished any of 1. The authority citation for part 39 agreement. Pursuant to this bilateral the proposed requirements of this AD continues to read as follows: airworthiness agreement, the DGAC has action, and that no operator would kept the FAA informed of the situation accomplish those actions in the future if Authority: 49 U.S.C. 106(g), 40113, 44701. described above. The FAA has this AD were not adopted. The cost § 39.13 [Amended] examined the findings of the DGAC, impact figures discussed in AD 2. Section 39.13 is amended by reviewed all available information, and rulemaking actions represent only the adding the following new airworthiness determined that AD action is necessary time necessary to perform the specific directive: for products of these type designs that actions actually required by the AD. are certificated for operation in the These figures typically do not include Airbus: Docket 2002–NM–16–AD. United States. incidental costs, such as the time Applicability: Model A319, A320, and required to gain access and close up, A321 series airplanes, certificated in any Explanation of Requirements of planning time, or time necessitated by category; equipped with PPG Aerospace Proposed Rule cockpit lateral fixed windows having part other administrative actions. number (P/N) NP–165313–1 or NP–165313– Since an unsafe condition has been Should an operator elect to 2, and having a serial number (S/N) below identified that is likely to exist or accomplish the optional terminating 95001H0001 (PPG Aerospace manufacturing develop on other airplanes of the same replacement that would be provided by date before January 1, 1995). type designs registered in the United this AD action, we estimate that it Note 1: This AD applies to each airplane States, the proposed AD would require would take approximately 4 work hours identified in the preceding applicability accomplishment of the actions specified per airplane to accomplish it, at an provision, regardless of whether it has been in the Airbus service bulletin described average labor rate of $60 per work hour. modified, altered, or repaired in the area
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subject to the requirements of this AD. For (i) If the length of the delamination is less DEPARTMENT OF THE TREASURY airplanes that have been modified, altered, or than or equal to 1.0 inch (25.4 millimeters repaired so that the performance of the (mm)): Accomplish the actions specified in Internal Revenue Service requirements of this AD is affected, the paragraph (a)(1)(i) or (a)(1)(ii) of this AD. owner/operator must request approval for an (ii) If the length of the delamination is 26 CFR Part 1 alternative method of compliance in greater than 1.0 inch (25.4 mm): Within 50 accordance with paragraph (c) of this AD. [REG–126485–01] The request should include an assessment of flight hours after the inspection required by the effect of the modification, alteration, or paragraph (a) of this AD, accomplish the RIN 1545–BA06 repair on the unsafe condition addressed by actions specified in paragraph (a)(1)(ii) of this this AD; and, if the unsafe condition has not AD. Statutory Mergers and Consolidations; been eliminated, the request should include Note 3: The Airbus service bulletin Hearing specific proposed actions to address it. references PPG Aerospace Service Bulletin AGENCY: Compliance: Required as indicated, unless NP–165313–56–001, dated May 15, 2001, as Internal Revenue Service (IRS), accomplished previously. an additional source of service information Treasury. To prevent moisture ingression and for accomplishing the applicable actions ACTION: Change of location of public delamination of the cockpit lateral fixed required by this AD. hearing. windows, which could result in the loss of the outer glass ply, and consequent damage Actions Accomplished per Previous Issue of SUMMARY: This document changes the to the airplane and injury to people or Service Bulletin location of the public hearing on damage to property on the ground, accomplish the following: (b) Actions accomplished before the proposed regulations relating to effective date of this AD per Airbus Service statutory mergers and consolidations Repetitive Inspections and Replacement, if Bulletin A320–56–1009, dated August 30, under section 368 of the Internal Necessary 2001, are considered acceptable for Revenue Code. (a) Within 500 flight hours after the compliance with the actions required by this DATES: The public hearing will be held effective date of this AD, perform a detailed AD. on Wednesday, May 21, 2003, beginning inspection to detect urethane degradation or at 10 a.m. delamination of the outer glass ply; per the Alternative Methods of Compliance Accomplishment Instructions of Airbus ADDRESSES: The public hearing Service Bulletin A320–56–1009, Revision 01, (c) An alternative method of compliance or originally scheduled in room 4718, excluding Appendix 01 and Reporting Sheet, adjustment of the compliance time that Internal Revenue Building, 1111 provides an acceptable level of safety may be dated July 4, 2002. Constitution Avenue, NW., Washington, used if approved by the Manager, Note 2: For the purposes of this AD, a DC, is changed to the auditorium, room International Branch, ANM–116, FAA, detailed inspection is defined as: ‘‘An 7218, Internal Revenue Building, 1111 Transport Airplane Directorate. Operators intensive visual examination of a specific Constitution Avenue, NW., Washington, structural area, system, installation, or shall submit their requests through an assembly to detect damage, failure, or appropriate FAA Principal Maintenance DC. irregularity. Available lighting is normally Inspector, who may add comments and then FOR FURTHER INFORMATION CONTACT: supplemented with a direct source of good send it to the Manager, International Branch, Concerning submissions of comments, lighting at intensity deemed appropriate by ANM–116. the hearing, and/or to be placed on the the inspector. Inspection aids such as mirror, Note 4: Information concerning the building access list to attend the hearing magnifying lenses, etc., may be used. Surface contact Guy R. Traynor of the cleaning and elaborate access procedures existence of approved alternative methods of may be required.’’ compliance with this AD, if any, may be Regulations Unit, Associate Chief Counsel, (Procedure and (1) If no urethane degradation or obtained from the International Branch, delamination is found: Accomplish the ANM–116. Administration) at (202) 622–7180 (not actions specified in paragraph (a)(1)(i) or a toll-free number). (a)(1)(ii) of this AD. Special Flight Permits SUPPLEMENTARY INFORMATION: A notice (i) Repeat the inspection required by (d) Special flight permits may be issued in of proposed rulemaking and notice of paragraph (a) of this AD thereafter at accordance with sections 21.197 and 21.199 public hearing appearing in the Federal intervals not to exceed 500 flight hours, until of the Federal Aviation Regulations (14 CFR Register on January 24, 2003 (68 FR the replacement specified in paragraph 21.197 and 21.199) to operate the airplane to (a)(1)(ii) of this AD has been accomplished; 3477), announced that a public hearing or a location where the requirements of this AD on proposed regulations relating to (ii) Within 500 flight hours after the can be accomplished. statutory mergers and consolidations inspection required by paragraph (a) of this Note 5: The subject of this AD is addressed under section 368 of the Internal AD: Replace the cockpit lateral fixed in French airworthiness directive 2001– Revenue Code would be held on windows with new windows having P/N NP– 632(B), dated December 26, 2001. Wednesday, May 21, 2003, beginning at 165313–1 or NP–165313–2, and S/N 10 a.m. in room 4718 of the Internal 95001H0001 or above (PPG Aerospace Issued in Renton, Washington, on April 7, Revenue Building, 1111 Constitution manufacturing date January 1, 1995, or after); 2003. or with new windows having P/N NP– Avenue, NW., Washington, DC. Ali Bahrami, 165313–3 or NP–165313–4, per the The location of the public hearing has Accomplishment Instructions of the service Acting Manager, Transport Airplane changed. The hearing is scheduled for bulletin. Accomplishment of the replacement Directorate, Aircraft Certification Service. Wednesday, May 21, 2003, beginning at terminates the requirements of this AD. [FR Doc. 03–8893 Filed 4–10–03; 8:45 am] 10 a.m. in the auditorium, room 7218, (2) If any urethane degradation is found: BILLING CODE 4910–13–P Internal Revenue Building, 1111 Within 50 flight hours after the inspection Constitution Avenue, NW., Washington, required by paragraph (a) of this AD, DC. Because of controlled access accomplish the replacement specified in paragraph (a)(1)(ii) of this AD. restrictions, attendees are not admitted (3) If any delamination is found: Before beyond the lobby of the Internal further flight, measure the length of the Revenue Building until 9:30 a.m. The delamination per the Accomplishment IRS will prepare an agenda showing the Instructions of the service bulletin. scheduling of the speakers after the
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outlines are received from the persons Trade Bureau, 650 Massachusetts formation. E–SIGN applies to testifying and make copies available free Avenue NW., Washington, DC 20226; documents that are created in a of charge at the hearing. phone (301) 290–1460 or e-mail commercial, consumer, or business [email protected]. transaction. It does not cover Cynthia E. Grigsby, SUPPLEMENTARY INFORMATION: transactions that are uniquely Chief, Regulations Unit, Associate Chief governmental such as a compliance Counsel (Procedure & Administration). What Would These Proposed report. (See Pub. L. 106–229.) [FR Doc. 03–8963 Filed 4–10–03; 8:45 am] Regulations Do? (4) Office of Management and Budget BILLING CODE 4830–01–P This proposal would amend the Circular A–130. OMB’s Circular A–130 regulations to allow you to: requires agencies to employ electronic • Use electronic signatures to sign information collection techniques where DEPARTMENT OF THE TREASURY certain forms you submit to us instead such means will reduce the burden on of using traditional handwritten the public, increase efficiency, reduce Alcohol and Tobacco Tax and Trade signatures; and costs, and help provide better service. Bureau • Submit certain forms to TTB (See Circular A–130, Para. 8.a.1(k).) electronically through an electronic 27 CFR Part 73 How Does TTB Plan on Implementing document receiving system that we Electronic Filing? [Notice No. 5] approve. We are proposing to create a new part RIN 1512–AC84 Why Does TTB Want To Allow You To 73 in title 27 CFR, chapter I, entitled Submit Certain Forms Electronically? Electronic Signatures; Electronic Electronic Signatures; Electronic Submission of Forms.’’ This proposed Submission of Forms (2000R–458P) We believe that by giving you the option to submit certain forms part 73 will explain our overall policy AGENCY: Alcohol and Tobacco Tax and electronically, instead of requiring regarding electronic signatures and the Trade Bureau (TTB), Treasury. paper documents, we can: electronic submission of certain forms • ACTION: Notice of proposed rulemaking. Reduce the costs associated with to TTB. submitting and maintaining large Electronic Signatures SUMMARY: The Alcohol and Tobacco Tax volumes of paper documents; and Trade Bureau (TTB) proposes to • Improve the quality and Once we publish the final rule, we amend its regulations to permit industry accessibility of data; will recognize electronic signatures members to use electronic technology to • Allow for the faster review and executed to certain electronic forms as reduce the need for and storage of paper approval of a variety of documents; and the full equivalent of, and having the documents. In order to accomplish our • Allow for a variety of our same legal effect as, traditional goals, we are proposing to allow you to documents to be available around the handwritten signatures executed on use electronic, rather than handwritten, clock. paper. We will notify you, by publishing a general notice in the Federal Register signatures to sign certain forms, and to What Is TTB’s Authority To Propose and on our Web site (http:// submit certain forms to TTB These Regulations? electronically through a TTB-approved www.ttb.gov), when you may use electronic document receiving system. Our authority to propose these electronic signatures to execute certain regulations comes from: DATES: If you wish to comment on this electronic forms. The general notice will (1) Government Paperwork provide you with specific instructions proposal, we must receive your written Elimination Act (GPEA). GPEA was comments on or before May 12, 2003. about how to submit and what signed into law on October 21, 1998. technology will be acceptable to TTB. ADDRESSES: You may send comments to GPEA directs federal agencies to any of the following addresses: provide for the optional use and Electronic Submission of Forms to TTB • Chief, Regulations and Procedures acceptance of electronic documents and We are in the process of developing Division, Alcohol and Tobacco Tax and signatures, and electronic the means to allow you to submit forms Trade Bureau, PO Box 50221, recordkeeping, where practical, by electronically. This is a lengthy process; Washington, DC 20091–0221 (Attn: October 2003. (See §§ 1702–1710 of Pub. we will need to develop the hardware Notice No. 5); L. 105–277.) and software components to accept each • (202) 927–8525 (facsimile); (2) Internal Revenue Code of 1986 (26 different type of form. Once we are able • [email protected] (e-mail); U.S.C.) The Internal Revenue Code of • to accept a certain form, we will http://www.ttb.gov (online). A 1986 authorizes the Secretary of the announce in the Federal Register and comment form is available with the Treasury to, by regulation, encourage on our Web site that you may register online version of this notice posted on electronic filing, address what to submit that form electronically. The our Internet Web site. constitutes a timely filed electronic announcement will provide you with You may view copies of the proposed document, and develop procedures for instructions on how to register. regulations and any comments received the acceptance of signatures in digital or on this notice by appointment at the other electronic form. (See 26 U.S.C. Will I Still Have To Maintain Paper ATF Reference Library, 650 6011, 6061, and 7502.) Copies? Massachusetts Avenue, NW., (3) Electronic Signatures in Global If the regulations require you to Washington, DC 20226; phone (202) and National Commerce Act of 2000 (E– maintain certain documents in paper 927–8210. SIGN). E–SIGN provides that no format, you must continue to maintain See the Public Participation section of contract, signature, or record relating to those documents in paper format even this notice for specific instructions and a transaction shall be denied legal effect if you submit them to us electronically. requirements. solely because it is in electronic form, Nothing in this proposed part alters any FOR FURTHER INFORMATION CONTACT: Lisa nor may a document be denied legal other regulatory or statutory M. Gesser, Regulations and Procedures effect solely because an electronic requirement that records be maintained Division, Alcohol and Tobacco Tax and signature or record was used in its in paper format. This part does provide
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that TTB may publish a general notice Public Participation this rulemaking, visit http:// in the Federal Register authorizing you www.ttb.gov/alcohol/rules/index.htm Who May Comment on This Notice? to maintain certain documents and select ‘‘View Comments’’ under this electronically instead of in paper form. We request comments from all notice number. interested parties. In addition, we Regulatory Analyses and Notices specifically request comments on the Will TTB Keep My Comments Paperwork Reduction Act clarity of this proposed rule and how it Confidential? The provisions of the Paperwork may be made easier to understand. We We do not recognize any submitted Reduction Act of 1995, 44 U.S.C. will carefully consider any comments material as confidential. We will Chapter 35, and its implementing we receive on or before the closing date. disclose all information on comments regulations, 5 CFR part 1320, do not We will give comments received after and commenters. Do not enclose in your apply to this rule because there are no that date the same consideration if it is comments any material you consider new reporting or recordkeeping practical to do so. We regard all confidential or inappropriate for requirements. comments as originals. disclosure. Regulatory Flexibility Act How Do I Send Comments? Can I Request a Public Hearing? The Regulatory Flexibility Act, 5 You may submit comments in any of Yes; you may write to the U.S.C. 601 et seq., provides that four ways. Administrator within the 30-day • whenever a Federal agency proposes By mail: You may send written comment period to ask for a public regulations that may have a significant comments to TTB at the address listed hearing. The Administrator reserves the economic impact on a substantial in the ADDRESSES section. right to determine, in light of all • number of small entities, the agency By facsimile: You may submit circumstances, whether a public hearing must prepare a regulatory flexibility comments by facsimile transmission to will be held. analysis. Today’s proposal is not subject 202–927–8525. Faxed comments must— 1 Drafting Information to the Act because the electronic (1) Be on 8 ⁄2 x 11-inch paper; submission of forms to TTB and the use (2) Contain a legible, written The principal author of this document of electronic signatures are voluntary. signature; and is Lisa M. Gesser, Regulations and This proposal, if finalized, will only (3) Be five or less pages long. This Procedures Division, Alcohol and apply to those people who seek our limitation assures electronic access to Tobacco Tax and Trade Bureau. approval to transmit certain forms our equipment. We will not accept faxed comments that exceed five pages. List of Subjects in 27 CFR Part 73 electronically to us. These proposed • regulations would reduce the burden on By e-mail: You may e-mail Electronic signatures, Reporting and all affected entities, including small comments to [email protected]. Comments recordkeeping requirements. transmitted by electronic-mail must— businesses. We have submitted a copy Authority and Issuance of this proposed rule to the Chief (1) Contain your e-mail address; Counsel for Advocacy of the Small (2) Reference this notice number on For the reasons set out in the the subject line; and preamble, we propose to amend chapter Business Administration in accordance 1 with 26 U.S.C. 7805(f). (3) Be legible when printed on 8 ⁄2 x I of title 27 of the Code of Federal 11-inch paper. Regulations by adding a new part 73 to Executive Order 12866 • Online: We provide a comment read as follows: This regulation is not a significant form with the online copy of this regulatory action as defined by proposed rule on the TTB Internet Web PART 73—ELECTRONIC Executive Order 12866. Accordingly, site at http://www.ttb.gov/alcohol/rules/ SIGNATURES; ELECTRONIC this rule is not subject to the analysis index.htm. On this Web page, select SUBMISSION OF FORMS ‘‘Send comments via e-mail’’ under this required by this Executive Order. Subpart A—General Provisions notice number. Executive Order 13132 Sec. Can I Review Comments Received? Executive Order 13132, entitled Scope You may inspect copies of the ‘‘Federalism’’ (64 FR 43255, August 10, 73.1 What does this part do? 1999), requires Federal agencies to proposed regulations and any written ensure ‘‘meaningful and timely input by comments by appointment at the ATF Definitions State and local officials in the Reference Library, 650 Massachusetts 73.3 What terms must I know to understand development of regulatory policies that Avenue, NW., Washington, DC 20226. this part? have federalism implications.’’ We You may also obtain copies at 20 cents Subpart B—Electronic Signatures certify that this proposed rule does not per page. You may call (202) 927–8210 have federalism implications. This rule if you want to schedule an appointment 73.10 What does subpart B cover? 73.11 What are the required components will not have substantial direct effects or to request copies of comments. and controls for acceptable electronic on the States, on the relationship For your convenience, we will post signatures? between the national government and comments received in response to this 73.12 What security controls must I use for the States, or on the distribution of notice on the TTB Web site. All identification codes/passwords? power and responsibilities among the comments posted on our Web site will Subpart C—Electronic Filing of Documents various levels of government. This show the names of commenters, but not With TTB proposed rule would not require States street addresses, telephone numbers, or to accept electronic reports. The effect e-mail addresses. We may also omit 73.30 What does subpart C cover? 73.31 Can I submit forms electronically to of this rule would be to provide voluminous attachments or material that TTB? additional regulatory flexibility to States we consider unsuitable for posting. In 73.32 May I electronically sign forms I because States could choose to accept all cases, the full comment will be submit electronically to TTB? electronic data that would also satisfy available in our reference library. To 73.33 Am I legally bound by a form I sign our reporting requirements. access online copies of the comments on electronically?
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73.34 When is an electronically submitted individual’s handwritten signature, and signatures based upon biometrics, they form considered timely filed? that: must be designed to ensure that they 73.35 Do I need to keep paper copies of (1) Identifies and authenticates a cannot be used by anyone other than forms I submit to TTB electronically? particular person as the source of the their genuine owners. Authority: 26 U.S.C. 6011, 6061, 7502; 15 electronic message; and U.S.C. 7001, 7004. (2) Indicates such person’s approval § 73.12 What security controls must I use of the information contained in the for identification codes/passwords? Subpart A—General Provisions electronic message. If you use electronic signatures based upon use of identification codes in Scope Form(s). The term form(s), when used in this part, includes all documents combination with passwords, you must § 73.1 What does this part do? required by 27 CFR, chapter I, to be employ controls to ensure their security (a) This part provides the conditions submitted to TTB. and integrity. Such controls must under which we will allow you to: Handwritten signature. The scripted include: (a) Maintaining the uniqueness of (1) Use electronic signatures or digital name or legal mark of an individual each combined identification code and signatures executed to electronic forms handwritten by that individual and password, such that no two individuals instead of traditional handwritten executed or adopted with the present have the same combination of signatures executed on paper forms. intention to authenticate a writing in a identification code and password. (2) Electronically submit certain forms permanent form. The act of signing with (b) Ensuring that identification code to TTB. a writing or marking instrument such as and password issuances are periodically (b) This part does not require you to a pen or stylus is preserved. The checked, recalled, or revised (e.g., to submit forms to us electronically. scripted name or legal mark, while conventionally applied to paper, may cover such events as password aging). Definitions also be applied to other materials or (c) Following loss management devices that capture the name or mark. procedures to electronically de- § 73.3 What terms must I know to authorize lost, stolen, missing, or understand this part? Paper format. A paper document. TTB. Refers to the Alcohol and otherwise potentially compromised You need to know the following terms Tobacco Tax and Trade Bureau within tokens, cards, or other devices that bear to understand this part: the Department of the Treasury. or generate identification code or 27 CFR. Title 27 of the Code of You and I. ‘‘You’’ and ‘‘I’’ refer to the password information, and to issue Federal Regulations, chapter I. organization or person who must temporary or permanent replacements Biometrics. A method of verifying an maintain records or submit documents using suitable, rigorous controls. individual’s identity based on to TTB to satisfy the requirements of 27 (d) Use of transaction safeguards to measurement of the individual’s CFR, chapter I. prevent unauthorized use of passwords physical feature(s) or repeatable and/or identification codes, and to action(s) where those features and/or Subpart B—Electronic Signatures detect and report in an immediate and actions are both unique to that urgent manner any attempts at their § 73.10 What does subpart B cover? individual and measurable. unauthorized use to the system security Digital signature. An electronic This subpart provides the conditions unit, and, as appropriate, to signature based upon cryptographic under which TTB will allow you to use organizational management. methods of originator authentication, electronic signatures executed to (e) Initial and periodic testing of computed by using a set of rules and a electronic forms instead of traditional devices, such as tokens or cards, that set of parameters such that the identity handwritten signatures executed on bear or generate identification code or of the signer and the integrity of the data paper forms. Where electronic password information to ensure that can be verified. A signer creates a digital signatures and their associated they function properly and have not signature by using public-key electronic forms meet the requirements been altered in any unauthorized encryption to transform a message of this part, TTB will consider the manner. digest of an electronic message. If a electronic signatures to be the recipient of the digital signature has an equivalent of full handwritten Subpart C—Electronic Filing of electronic message, message digest signatures, initials, and other general Documents with TTB signings this chapter requires. function, and the signer’s public key, § 73.30 What does subpart C cover? the recipient can verify: § 73.11 What are the required components This subpart provides the conditions (1) Whether the transformation was and controls for acceptable electronic under which we will allow you to accomplished with the private key that signatures? satisfy certain reporting requirements of corresponds to the signer’s public key; (a) Electronic signatures not based on this chapter by submitting forms to us and biometrics. If you use electronic electronically. (2) Whether the electronic message signatures that are not based upon has been altered since the biometrics you must: § 73.31 Can I submit forms electronically transformation was made. (1) Employ at least two distinct to TTB? Electronic document receiving system. identification components such as an Yes; you may submit an electronic Any set of apparatus, procedures, identification code and a password. form, instead of a paper form, to satisfy software, records, or documentation (2) Use both identification any reporting requirement in this used to receive documents components when executing an chapter, only if: communicated to it via a electronic signature to an electronic (a) We have published a notice in the telecommunications network. document. Federal Register and on our Web site Electronic signature. A computer data (3) Ensure that the electronic (http://www.ttb.gov) announcing that we compilation of any symbol or series of signature can only be used by the are prepared to receive a particular form symbols executed, adopted, or authorized user. electronically. authorized by an individual to be the (b) Electronic signatures based on (b) You have registered to do so legally binding equivalent of the biometrics. If you use electronic pursuant to the instructions in a notice
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published in the Federal Register and Signed: February 13, 2003. Information Services Branch, Mailcode on our Web site as stated above. Arthur J. Libertucci, 3AP21, U.S. Environmental Protection (c) You submit the electronic form to Administrator. Agency, Region III, 1650 Arch Street, an electronic document receiving Approved: March 11, 2003. Philadelphia, Pennsylvania 19103. system that we have designated for the Timothy E. Skud, Copies of the documents relevant to this receipt of that specific form. action are available for public (d) The electronic form bears valid Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement). inspection during normal business electronic signatures, as provided in [FR Doc. 03–8816 Filed 4–10–03; 8:45 am] hours at the Air Protection Division, subpart B of this part, to the same extent U.S. Environmental Protection Agency, BILLING CODE 4810–31–P that the paper submission for which it Region III, 1650 Arch Street, substitutes would bear handwritten Philadelphia, Pennsylvania 19103. signatures. ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: § 73.32 May I electronically sign forms I AGENCY James B. Topsale at (215) 814–2190, or submit electronically to TTB? by e-mail at [email protected]. You may electronically sign the 40 CFR Part 62 SUPPLEMENTARY INFORMATION: For further information, please see the electronic form you submit to us if: [WV059–6027b; FRL–7480–1] (a) You have registered with TTB to information provided in the direct final do so and have certified, prior to the Approval and Promulgation of State action, with the same title, that is time of such use, that the electronic Air Quality Plans for Designated located in the ‘‘Rules and Regulations’’ signatures or digital signatures in your Facilities and Pollutants; State of West section of this Federal Register system are intended to be the legally Virginia; Control of Emissions from publication. Please note that if EPA binding equivalent of traditional Existing Commercial/Industrial receives adverse comment on an handwritten signatures; Incineration (CISWI) Units amendment, paragraph, or section of (b) The electronic or digital signature this rule and if that provision may be meets the standards of this part and is AGENCY: Environmental Protection severed from the remainder of the rule, authorized by TTB in accordance with Agency (EPA). EPA may adopt as final those provisions this part; and ACTION: Proposed rule. of the rule that are not the subject of an (c) The electronic or digital signature adverse comment. is sufficiently trustworthy and reliable SUMMARY: EPA is proposing to approve the commercial and industrial solid Dated: March 31, 2003. that the signing party may not repudiate Thomas C. Voltaggio, the signature. waste incinerator 111(d)/129 plan (the ‘‘plan’’) submitted by the West Virginia Acting Regional Administrator, Region III. § 73.33 Am I legally bound by a form I sign Department of Environmental [FR Doc. 03–8830 Filed 4–10–03; 8:45 am] electronically? Protection, Division of Air Quality BILLING CODE 6560–50–P Yes; by electronically signing a form (DAQ). The plan was submitted to EPA you submit to us, you are agreeing to be by the DAQ on November 29, 2001, and legally bound to the same extent as if amended on September 25, 2002, and ENVIRONMENTAL PROTECTION you applied a traditional handwritten January 22, 2003. In the Final Rules AGENCY signature on a paper document section of this Federal Register, EPA is submitted to satisfy the same reporting approving the State of West Virginia’s 40 CFR Part 89 requirement. Persons using electronic CISWI plan submittal as a direct final [AMS–FRL–7481–9] signatures shall, upon TTB’s request, rule without prior proposal because the provide additional certification or Agency views this as a noncontroversial Control of Emissions From New testimony that a specific electronic action and anticipate no adverse Nonroad Diesel Engines: Amendments signature is the legally binding comments. A more detailed description to the Nonroad Engine Definition equivalent of the signer’s handwritten of the state submittal and EPA’s AGENCY: Environmental Protection signature. evaluation are included in a Technical Agency (EPA). Support Document (TSD) prepared in § 73.34 When is an electronically support of this rulemaking action. A ACTION: Notice of proposed rule. submitted form considered timely filed? copy of the TSD is available, upon If you submit a form to our electronic SUMMARY: EPA is proposing to revise the request, from the EPA Regional Office definition of nonroad engines to include document receiving system, your report listed in the ADDRESSES section of this will be considered filed on the date of all diesel-powered engines used in document. If no adverse comments are agricultural operations in the State of the electronic postmark given by that received in response to this action, no system. California that are certified by the further activity is contemplated. If EPA engine maker to meet the applicable § 73.35 Do I need to keep paper copies of receives adverse comments, the direct nonroad emission standards. Under this forms I submit to TTB electronically? final rule will be withdrawn and all proposed rule, such engines would be Nothing in this part alters any other public comments received will be considered nonroad engines without regulatory or statutory requirement that addressed in a subsequent final rule regard to whether these engines are records be maintained in paper format. based on this proposed rule. EPA will portable or transportable or how long If the regulations in this chapter require not institute a second comment period. these engines remain in one fixed you to keep paper copies of certain Any parties interested in commenting location at a farm. forms, you must continue to do so on this action should do so at this time. In the ‘‘Rules and Regulations’’ unless TTB otherwise authorizes you to DATES: Comments must be received in section of this Federal Register, we are maintain electronic copies of these writing by May 12, 2003. making this amendment as a direct final documents through a general notice in ADDRESSES: Written comments should rule without prior proposal. the Federal Register or through a be mailed to Walter Wilkie, Deputy We have explained our reasons for variance. Chief, Air Quality Planning and this amendment in the preamble to the
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direct final rule. If we receive no the public comment period will close on FOR FURTHER INFORMATION CONTACT: adverse comment, we will not take June 10, 2003. Robert Larson, U.S. EPA, National further action on this proposed rule. If ADDRESSES: Comments may be Vehicle and Fuel Emissions Laboratory, we receive adverse comment, we will submitted by mail by sending two Transportation and Regional Programs withdraw the direct final rule and its copies of your comments to: Air Docket, Division, 2000 Traverwood Drive, Ann changes will not take effect. We will Environmental Protection Agency, Arbor, MI 48105; telephone (734) 214– address all public comments in a Mailcode: 6102T, 1200 Pennsylvania 4277, fax (734) 214–4956, e-mail subsequent final rule based on this Ave., NW., Washington, DC, 20460, [email protected]. proposed rule. We will not institute a Attention Docket ID No. OAR–2003– SUPPLEMENTARY INFORMATION: second comment period on this action. 0046. Comments may also be submitted Any parties interested in commenting electronically, by facsimile, or through I. General Information must do so at this time. hand delivery/courier. Follow the A. Regulated Entities DATES: If we do not receive a request for detailed instructions as provided in a public hearing, written comments are Unit I of the SUPPLEMENTARY Entities potentially impacted by this due May 12, 2003. Request for a public INFORMATION section. change in regulation are farming hearing must be received by April 28, Hearing: If we do receive a request for interests in the State of California and 2003. If we do receive a request for a a public hearing, it will be held at the those interests that manufacture or put public hearing, it will be held on May EPA’s Region IX offices, 75 Hawthorne into commerce new, compression- 12, 2003, starting at 10 a.m. In that case, Street, San Francisco, California. ignition nonroad engines, including:
Category NAICS codes Examples of potentially regulated entities
Manufacturing ...... 333618 Manufacturers of new nonroad diesel engines. Agriculture, Forestry, Fishing, Hunting ...... 111XXX Farms with crop production. Agriculture, Forestry, Fishing, Hunting ...... 112XXX Farms with animal production. Manufacturing ...... 333111 Farm machinery and equipment.
B. How Can I Get Copies of This at http://www.epa.gov/edocket/ to that public comments, whether Document? submit or view public comments, access submitted electronically or in paper, 1. Docket. EPA has established an the index listing of the contents of the will be made available for public official public docket for this action official public docket, and to access viewing in EPA’s electronic public under Docket ID No. OAR–2003–0046. those documents in the public docket docket as EPA receives them and The official public docket consists of the that are available electronically. Once in without change, unless the comment contains copyrighted material, CBI, or documents specifically referenced in the system, select ‘‘search,’’ then key in other information whose disclosure is this action, any public comments the appropriate docket identification restricted by statute. When EPA received, and other information related number. identifies a comment containing to this action. Although a part of the Certain types of information will not copyrighted material, EPA will provide official docket, the public docket does be placed in the EPA Dockets. a reference to that material in the not include Confidential Business Information claimed as CBI and other version of the comment that is placed in Information (CBI) or other information information whose disclosure is EPA’s electronic public docket. The whose disclosure is restricted by statute. restricted by statute, which is not entire printed comment, including the The official public docket is the included in the official public docket, copyrighted material, will be available collection of materials that is available will not be available for public viewing in EPA’s electronic public docket. EPA’s in the public docket. for public viewing at the Air Docket in Public comments submitted on the EPA Docket Center, (EPA/DC) EPA policy is that copyrighted material will not be placed in EPA’s electronic public computer disks that are mailed or West, Room B102, 1301 Constitution delivered to the docket will be docket but will be available only in Ave., NW., Washington, DC. The EPA transferred to EPA’s electronic public printed, paper form in the official public Docket Center Public Reading Room is docket. Public comments that are docket. To the extent feasible, publicly open from 8:30 a.m. to 4:30 p.m., mailed or delivered to the Docket will available docket materials will be made Monday through Friday, excluding legal be scanned and placed in EPA’s available in EPA’s electronic public holidays. The telephone number for the electronic public docket. Where docket. When a document is selected Public Reading Room is (202) 566–1744, practical, physical objects will be from the index list in EPA Dockets, the and the telephone number for the Air photographed, and the photograph will system will identify whether the Docket is (202) 566–1742. This Docket be placed in EPA’s electronic public document is available for viewing in Facility is open from 8:30 a.m. to 4:30 docket along with a brief description EPA’s electronic public docket. p.m. Monday through Friday, excluding written by the docket staff. legal holidays. The Docket telephone Although not all docket materials may For additional information about number is 202–566–1742. be available electronically, you may still EPA’s electronic public docket visit EPA 2. Electronic Access. You may access access any of the publicly available Dockets online or see 67 FR 38102, May this Federal Register document docket materials through the docket 31, 2002. electronically through the EPA Internet facility identified in Unit I.C. EPA under the Federal Register listings at intends to work towards providing C. How and to Whom Do I Submit http://www.epa.gov/fedrgstr/. An electronic access to all of the publicly Comments? electronic version of the public docket available docket materials through You may submit comments is available through EPA’s electronic EPA’s electronic public docket. electronically, by mail, by facsimile, or public docket and comment system, For public commenters, it is through hand delivery/courier. To EPA Dockets. You may use EPA Dockets important to note that EPA’s policy is ensure proper receipt by EPA, identify
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the appropriate docket identification system are included as part of the electronic public docket without prior number in the subject line on the first comment that is placed in the official notice. If you have any questions about page of your comment. Please ensure public docket, and made available in CBI or the procedures for claiming CBI, that your comments are submitted EPA’s electronic public docket. please consult the person identified in within the specified comment period. iii. Disk or CD ROM. You may submit the FOR FURTHER INFORMATION CONTACT Comments received after the close of the comments on a disk or CD ROM that section. comment period will be marked ‘‘late.’’ you mail to the mailing address EPA is not required to consider these identified in Unit I.A.1. These electronic D. What Should I Consider as I Prepare late comments. submissions will be accepted in My Comments for EPA? 1. Electronically. If you submit an WordPerfect or ASCII file format. Avoid You may find the following electronic comment as prescribed the use of special characters and any suggestions helpful for preparing your below, EPA recommends that you form of encryption. comments: include your name, mailing address, 2. By Mail. Send two copies of your 1. Explain your views as clearly as and an e-mail address or other contact comments to: Air Docket, possible. information in the body of your Environmental Protection Agency, 2. Describe any assumptions that you comment. Also include this contact Mailcode: 6102T, 1200 Pennsylvania used. information on the outside of any disk Ave., NW., Washington, DC, 20460, 3. Provide any technical information or CD ROM you submit, and in any Attention Docket ID No. OAR–2003– and/or data you used that support your cover letter accompanying the disk or 0046. views. CD ROM. This ensures that you can be 3. By Hand Delivery or Courier. 4. If you estimate potential burden or identified as the submitter of the Deliver your comments to: EPA Docket costs, explain how you arrived at your comment and allows EPA to contact you Center, Room B102, EPA West Building, estimate. in case EPA cannot read your comment 1301 Constitution Avenue, NW., 5. Provide specific examples to due to technical difficulties or needs Washington, DC, Attention Air Docket illustrate your concerns. further information on the substance of ID No. OAR–2003–0046. Such deliveries 6. Offer alternatives. your comment. EPA’s policy is that EPA are only accepted during the Docket’s 7. Make sure to submit your will not edit your comment, and any normal hours of operation as identified comments by the comment period identifying or contact information in Unit I. deadline identified. provided in the body of a comment will 4. By Facsimile. Fax your comments 8. To ensure proper receipt by EPA, be included as part of the comment that to: (202) 566–1741, Attention Docket ID. identify the appropriate docket is placed in the official public docket, No. OAR–2003–0046. identification number in the subject line and made available in EPA’s electronic on the first page of your response. It C. How Should I Submit CBI to the would also be helpful if you provided public docket. If EPA cannot read your Agency? comment due to technical difficulties the name, date, and Federal Register and cannot contact you for clarification, Do not submit information that you citation related to your comments. consider to be CBI electronically EPA may not be able to consider your II. Summary of Proposal comment. through EPA’s electronic public docket i. EPA Dockets. Your use of EPA’s or by e-mail. Send or deliver EPA is proposing to revise the electronic public docket to submit information identified as CBI only to the definition of nonroad engines to include comments to EPA electronically is following address: Attention: Robert all diesel-powered engines used in EPA’s preferred method for receiving Larson, U.S. EPA, National Vehicle and agricultural operations in the State of comments. Go directly to EPA Dockets Fuel Emissions Laboratory, California that are certified by the at http://www.epa.gov/edocket, and Transportation and Regional Programs engine maker to meet the applicable follow the online instructions for Division, 2000 Traverwood Drive, Ann nonroad emission standards. Under this submitting comments. To access EPA’s Arbor, MI 48105, Docket ID No. OAR– proposed rule, such engines will be electronic public docket from the EPA 2003–0046. You may claim information considered as nonroad engines without Internet Home Page, select ‘‘Information that you submit to EPA as CBI by regard to whether these engines are Sources,’’ ‘‘Dockets,’’ and ‘‘EPA marking any part or all of that portable or transportable or how long Dockets.’’ Once in the system, select information as CBI (if you submit CBI these engines remain in one fixed ‘‘search,’’ and then key in Docket ID No. on disk or CD ROM, mark the outside location at a farm. OAR–2003–0046. The system is an of the disk or CD ROM as CBI and then However, in the ‘‘Rules and ‘‘anonymous access’’ system, which identify electronically within the disk or Regulations’’ section of today’s Federal means EPA will not know your identity, CD ROM the specific information that is Register, we are promulgating these e-mail address, or other contact CBI). Information so marked will not be revisions as a direct final rule without information unless you provide it in the disclosed except in accordance with a prior proposal. We have explained our body of your comment. procedures set forth in 40 CFR part 2. reasons for this action. This proposal ii. E-mail. Comments may be sent by In addition to one complete version of incorporates by reference all the electronic mail (e-mail) to a-and-r- the comment that includes any reasoning, explanation and regulatory [email protected] Attention Air Docket ID information claimed as CBI, a copy of text from the direct final rule. For No. OAR–2003–0046. In contrast to the comment that does not contain the further information, including the EPA’s electronic public docket, EPA’s e- information claimed as CBI must be regulatory text for this proposal, please mail system is not an ‘‘anonymous submitted for inclusion in the public refer to the direct final rule that is access’’ system. If you send an e-mail docket and EPA’s electronic public located in the ‘‘Rules and Regulations’’ comment directly to the Docket without docket. If you submit the copy that does section of this Federal Register going through EPA’s electronic public not contain CBI on disk or CD ROM, publication. The direct final rule will be docket, EPA’s e-mail system mark the outside of the disk or CD ROM effective on May 14, 2003, without automatically captures your e-mail clearly that it does not contain CBI. further notice unless we receive adverse address. E-mail addresses that are Information not marked as CBI will be comment by May 12, 2003, or receive a automatically captured by EPA’s e-mail included in the public docket and EPA’s request for a public hearing by April 28,
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2003. If we receive no adverse comment, substantial number of small entities, in the requirements of the UMRA do not we will take no further action on this particular because this rule change does apply to this action. proposed rule. If we receive adverse not mandate that farms replace any E. Executive Order 13132: Federalism comment on this rulemaking, we will existing engine. Executive Order 13132, entitled publish a timely withdrawal in the D. Unfunded Mandates Reform Act Federal Register indicating that this ‘‘Federalism’’ (64 FR 43255, August 10, rule change is being withdrawn due to Title II of the Unfunded Mandates 1999), requires us to develop an adverse comment. We will address all Reform Act of 1995 (UMRA), Public accountable process to ensure adverse comment in a subsequent final Law 104–4, establishes requirements for ‘‘meaningful and timely input by state rule based upon this proposed rule. We Federal agencies to assess the effects of and local officials in the development of will not institute a second comment their regulatory actions on State, local, regulatory policies that have federalism period on this action. Any parties and tribal governments, and the private implications.’’ ‘‘Policies that have interested in commenting must do so at sector. Under section 202 of the UMRA, federalism implications’’ is defined in this time. we generally must prepare a written the Executive Order to include statement, including a cost-benefit regulations that have ‘‘substantial direct III. Statutory and Executive Order analysis, for proposed and final rules effects on the states, on the relationship Reviews with ‘‘Federal mandates’’ that may between the national government and A. Executive Order 12866: Regulatory result in expenditures to State, local, the states, or on the distribution of Planning and Review and tribal governments, in the aggregate, power and responsibilities among the or to the private sector, of $100 million various levels of government. Under Executive Order 12866 (58 FR or more for any single year. Before Under section 6 of Executive Order 51735, October 4, 1993), the Agency is promulgating a rule for which a written 13132, we may not issue a regulation required to determine whether this statement is needed, section 205 of the that has federalism implications, that regulatory action would be ‘‘significant’’ UMRA generally requires us to identify imposes substantial direct compliance and therefore subject to review by the and consider a reasonable number of costs, and that is not required by statute, Office of Management and Budget regulatory alternatives and adopt the unless the Federal government provides (OMB) and the requirements of the least costly, most cost-effective, or least the funds necessary to pay the direct Executive Order. The order defines a burdensome alternative that achieves compliance costs incurred by State and ‘‘significant regulatory action’’ as any the objectives of the rule. The local governments, or we consult with regulatory action that is likely to result provisions of section 205 do not apply State and local officials early in the in a rule that may: when they are inconsistent with process of developing the proposed —Have an annual effect on the economy applicable law. Moreover, section 205 regulation. We also may not issue a of $100 million or more or adversely allows us to adopt an alternative that is regulation that has federalism affect in a material way the economy, not the least costly, most cost-effective, implications and that preempts State a sector of the economy, productivity, or least burdensome alternative if we law, unless the Agency consults with competition, jobs, the environment, provide an explanation in the final rule State and local officials early in the public health or safety, or State, local, of why such an alternative was adopted. process of developing the proposed or tribal governments or communities; Before we establish any regulatory regulation. —Create a serious inconsistency or requirement that may significantly or Section 4 of the Executive Order otherwise interfere with an action uniquely affect small governments, contains additional requirements for taken or planned by another agency; including tribal governments, we must rules that preempt State or local law, —Materially alter the budgetary impact develop a small government plan even if those rules do not have of entitlements, grants, user fees, or pursuant to section 203 of the UMRA. federalism implications (i.e., the rules loan programs or the rights and Such a plan must provide for notifying will not have substantial direct effects obligations of recipients thereof; or, potentially affected small governments, on the States, on the relationship —Raise novel legal or policy issues and enabling officials of affected small between the national government and arising out of legal mandates, the governments to have meaningful and the States, or on the distribution of President’s priorities, or the timely input in the development of our power and responsibilities among the principles set forth in the Executive regulatory proposals with significant various levels of government). Those Order. Federal intergovernmental mandates. requirements include providing all Pursuant to the terms of Executive The plan must also provide for affected State and local officials notice Order 12866, we have determined that informing, educating, and advising and an opportunity for appropriate this proposed rule is not a ‘‘significant small governments on compliance with participation in the development of the regulatory action.’’ the regulatory requirements. regulation. If the preemption is not This rule contains no Federal based on express or implied statutory B. Paperwork Reduction Act mandates for State, local, or tribal authority, we also must consult, to the The Paperwork Reduction Act of governments as defined by the extent practicable, with appropriate 1980, 44 U.S.C. 3501 et seq., and provisions of title II of the UMRA. The State and local officials regarding the implementing regulations, 5 CFR part rule imposes no enforceable duties on conflict between State law and federally 1320, do not apply to this action as it any of these governmental entities. protected interests within the Agency’s does not involve the collection of Nothing in the rule will significantly or area of regulatory responsibility. information as defined therein. uniquely affect small governments. This rule does not have federalism We have determined that this rule implications. It will not have substantial C. Regulatory Flexibility Act does not contain a Federal mandate that direct effects on the States, on the EPA certifies that it is not necessary may result in estimated expenditures of relationship between the national to prepare a regulatory flexibility more than $100 million to the private government and the States, or on the analysis in connection with this action. sector in any single year. This action has distribution of power and This proposed rule will not have a the net effect of revising certain responsibilities among the various significant economic impact on a provisions of the Tier 2 rule. Therefore, levels of government, as specified in
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Executive Order 13132. This rule revises H. Executive Order 13211: Actions That ACTION: Proposed rule. certain provisions of earlier rules that Significantly Affect Energy Supply, adopted national standards to control Distribution, or Use SUMMARY: Tennessee has applied to EPA emissions from nonroad diesel engines. This rule is not subject to Executive for Final authorization of the changes to The requirements of the rule will be Order 13211, ‘‘Actions Concerning its hazardous waste program under the enforced by the Federal government at Regulations That Significantly Affect Resource Conservation and Recovery the national level. Thus, the Energy Supply, Distribution, or Use’’ (66 Act (RCRA). EPA proposes to grant final requirements of section 6 of the FR 28355, May 22, 2001) because it is authorization to Tennessee. In the Executive Order do not apply to this not a significant regulatory action under ‘‘Rules and Regulations’’ section of this rule. Executive Order 12866. Federal Register, EPA is authorizing the F. Executive Order 13175: Consultation changes by an immediate final rule. EPA I. National Technology Transfer did not make a proposal prior to the and Coordination With Indian Tribal Advancement Act Governments immediate final rule because we believe Section 12(d) of the National this action is not controversial and do Executive Order 13175, entitled Technology Transfer and Advancement not expect comments that oppose it. We ‘‘Consultation and Coordination with Act of 1995 (NTTAA), section 12(d) of have explained the reasons for this Indian Tribal Governments’’ (59 FR Public Law 104–113, directs us to use authorization in the preamble to the 22951, November 6, 2000), requires EPA voluntary consensus standards in our immediate final rule. Unless we get to develop an accountable process to regulatory activities unless it would be written comments which oppose this ensure ‘‘meaningful and timely input by inconsistent with applicable law or authorization during the comment tribal officials in the development of otherwise impractical. Voluntary period, the immediate final rule will regulatory policies that have tribal consensus standards are technical become effective on the date it implications.’’ This proposed rule does standards (e.g., materials specifications, establishes, and we will not take further not have tribal implications, as specified test methods, sampling procedures, and action on this proposal. If we get in Executive Order 13175. Today’s rule business practices) developed or comments that oppose this action, we does not uniquely affect the adopted by voluntary consensus will withdraw the immediate final rule communities of American Indian tribal standards bodies. The NTTAA directs and it will not take effect. We will then governments. Furthermore, today’s rule us to provide Congress, through OMB, respond to public comments in a later does not impose any direct compliance explanations when we decide not to use final rule based on this proposal. You costs on these communities and no available and applicable voluntary may not have another opportunity for circumstances specific to such consensus standards. comment. If you want to comment on No new technical standards are communities exist that will cause an this action, you must do so at this time. impact on these communities beyond established in today’s rule. DATES: Send your written comments by those discussed in the other sections of IV. Statutory Provisions and Legal May 12, 2003. today’s document. Thus, Executive Authority Order 13175 does not apply to this rule. Statutory authority for today’s ADDRESSES: Send written comments to G. Executive Order 13045: Protection of proposed rule is found in the Clean Air Narindar Kumar, Chief, RCRA Programs Children From Environmental Health Act, 42 U.S.C. 7401 et seq., in particular, Branch, Waste Management Division, and Safety Risks section 213 of the Act, 42 U.S.C. 7547. U.S. Environmental Protection Agency, This rule is being promulgated under The Sam Nunn Atlanta Federal Center, Executive Order 13045, ‘‘Protection of the administrative and procedural 61 Forsyth Street, SW., Atlanta, GA, Children from Environmental Health provisions of Clean Air Act section 30303–8960; (404) 562–8440. You can Risks and Safety Risks’’ (62 FR 19885, 307(d), 42 U.S.C. 7607(d). examine copies of the materials April 23, 1997) applies to any rule that submitted by Tennessee during normal (1) is determined to be ‘‘economically List of Subjects in 40 CFR Part 89 business hours at the following significant’’ as defined under Executive Environmental protection, locations: EPA Region 4, Library, The Order 12866, and (2) concerns an Administrative practice and procedure, Sam Nunn Atlanta Federal Center, 61 environmental health or safety risk that Motor vehicle pollution. Forsyth Street, SW., Atlanta, Georgia we have reason to believe may have a Dated: April 7, 2003. 30303–8960; Phone number: (404) 562– disproportionate effect on children. If Christine Todd Whitman, 8190, or the Tennessee Department of the regulatory action meets both criteria, Environment and Conservation, Administrator. section 5–501 of the Executive Order Division of Solid Waste Management, directs us to evaluate the environmental [FR Doc. 03–8956 Filed 4–10–03; 8:45 am] 5th Floor, L & C Tower, 401 Church health or safety effects of the planned BILLING CODE 6560–50–P Street, Nashville, Tennessee 37243– rule on children, and explain why the 1535, Phone number: (615) 532–0850. planned regulation is preferable to other potentially effective and reasonably ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: feasible alternatives considered by us. AGENCY Gwendolyn Gleaton, RCRA Services Section, RCRA Programs Branch, Waste This rule is not subject to the 40 CFR Part 271 Management Division, U.S. Executive Order because it is not an [FRL–7478–6] Environmental Protection Agency, The economically significant regulatory Sam Nunn Atlanta Federal Center, 61 action as defined by Executive Order Tennessee: Final Authorization of Forsyth Street, SW., Atlanta, GA, 12866. Furthermore, this rule does not State Hazardous Waste Management 30303–8960; (404) 562–8500. concern an environmental health or Program Revisions safety risk that we have reason to SUPPLEMENTARY INFORMATION: For believe may have a disproportionate AGENCY: Environmental Protection additional information, please see the effect on children. Agency (EPA). immediate final rule published in the
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‘‘Rules and Regulations’’ section of this Federal Register. J.I. Palmer Jr., Regional Administrator, Region 4. [FR Doc. 03–8665 Filed 4–10–03; 8:45 am] BILLING CODE 6560–50–P
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Notices Federal Register Vol. 68, No. 70
Friday, April 11, 2003
This section of the FEDERAL REGISTER Estimate of Annual Burden: Public DEPARTMENT OF AGRICULTURE contains documents other than rules or reporting burden for this information proposed rules that are applicable to the collection is estimated to average 10 Farm Service Agency public. Notices of hearings and investigations, minutes per response. committee meetings, agency decisions and Request for Extension of a Currently rulings, delegations of authority, filing of Respondents: Any individuals with Approved Information Collection petitions and applications and agency farming interest in the Local statements of organization and functions are Administrative Area (LAA). (eligible AGENCY: Farm Service Agency, USDA. examples of documents appearing in this voter) ACTION: Notice and request for section. comments. Estimated Number of Respondents: 2,100,000. SUMMARY: In accordance with the DEPARTMENT OF AGRICULTURE Estimated Number of Responses per Paperwork Reduction Act of 1995, this Respondent: 1. notice announces the intention of the Farm Service Agency Farm Service Agency (FSA) to request Estimated Total Annual Burden on an extension and revision for the Highly Request for Approval of a New Respondents: 350. Erodible Land Conservation and Information Collection—County Topics for comment include but are Wetland Conservation certification Committee Elections not limited to the following: (a) Whether requirements. This information is AGENCY: Farm Service Agency. the collection of information is collected in support of the conservation ACTION: Notice and request for necessary for the proper performance of provisions of Title XII of the Food comments. the functions of the agency, including Security Act of 1985, as amended by the whether the information will have Food, Agriculture, Conservation, and SUMMARY: In accordance with the practical utility; (b) the accuracy of the Trade Act of 1990 and the Federal Paperwork Reduction Act of 1995, this agency’s estimate of burden including Agriculture, Improvement and Reform notice announces the intention of the the validity of the methodology and Act of 1996 (the Statute). Farm Service Agency (FSA) to request assumptions used; (c) ways to enhance DATES: Comments on this notice must be approval of an information collection the quality, utility and clarity of the received on or before June 10, 2003 to used to support of FSA County information to be collected; or (d) ways be assured consideration. Committee elections. to minimize the burden of the collection Additional Information or Comments: DATES: Comments on this notice must be of information on those who are to Contact Sharon Biastock, Agricultural received on or before June 10, 2003. respond, including through the use of Program Specialist, Production, FOR FURTHER INFORMATION CONTACT: appropriate automated, electronic, Emergencies, and Compliance Division, Kenneth Nagel, Agricultural Program USDA, FSA, STOP 0517, 1400 mechanical, or other technological Specialist, Office of Deputy Independence Avenue, SW., collection techniques or other forms of Administrator for Field Operations, Washington, DC 20250–0517; telephone information technology. Comments Farm Service Agency, USDA, STOP (202) 720–6336. should be sent to the Desk Officer for 0542, 1400 Independence Ave., SW., SUPPLEMENTARY INFORMATION: Washington, DC 20250; telephone (202) Agriculture, Office of Information and Title: Highly Erodible Land 720–7890. Regulatory Affairs, Office of Conservation and Wetland Conservation Management and Budget, Washington, SUPPLEMENTARY INFORMATION: Certification. Title: Nomination Form for FSA DC 20503, and to Kenneth Nagel, OMB Control Number: 0560–0185. County Committee Election. Agricultural Program Specialist, Office Expiration Date: March 31, 2003. OMB Control Number: 0560–NEW. of Deputy Administrator for Field Type of Request: Extension and Type of Request: Approval of a New Operations, Farm Service Agency, revision of a currently approved Information Collection. USDA, STOP 0542, 1400 Independence information collection. Abstract: This information collected Ave., SW., Washington, DC 20250; Abstract: Rules governing those under the Office of Management and telephone (202) 720–7890. Copies of the requirements under Title XII of the Food Budget (OMB) Number 0560–NEW is information collection may be obtained Security Act of 1985, as amended by the needed to enable FSA to receive from Kenneth Nagel at the above Food, Agriculture, Conservation, and nominations from eligible voters for the address. Trade Act of 1990 and the Federal County Committee. The County Agriculture, Improvement and Reform Committee, subject to the general All responses to this notice will be Act of 1996 relating to highly erodible direction and supervision of the State summarized and included in the request lands and wetlands are codified in 7 Committee, and other personnel, shall for Office of Management and Budget CFR part 12. In order to ensure that be generally responsible for carrying out approval. All comments will be a matter persons who request benefits subject to in the county the price support program, of public record. conservation restrictions get the conservation programs, disaster Signed at Washington, DC, April 4, 2003. necessary technical assistance and are assistance programs, commodities James R. Little, informed regarding the compliance programs, environmental programs, and requirements on their land, information Administrator, Farm Service Agency. any other programs or functions is collected with regard to their assigned by the Secretary, or a designee [FR Doc. 03–8866 Filed 4–10–03; 8:45 am] intended activities on their land which of the Secretary. BILLING CODE 3410–05–P could affect their eligibility for
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requested USDA benefits. Once ACTION: Notice of meeting. listed below from nonprofit agencies technical determinations are made, employing persons who are blind or producers are required to certify that SUMMARY: The Siskiyou County have other severe disabilities. they will comply with the conservation Resource Advisory Committee will meet I certify that the following action will requirements on their land to maintain in Yreka, California, April 21, 2003. The not have a significant impact on a their eligibility for certain programs. meeting will include routine business substantial number of small entities. Persons may request that certain and discussion, review, and The major factors considered for this activities be exempt according to recommendation of submitted project certification were: provisions of the Statute. Information is proposals. 1. If approved, the action will not collected from those who seek these DATES: The meeting will be held April result in any additional reporting, exemptions for the purpose of 21, 2003 from 4 p.m. until 8 p.m. recordkeeping or other compliance requirements for small entities other evaluating whether the exempted ADDRESSES: The meeting will be held at conditions will be met. the Yreka High School Library, Preece than the small organizations that will Estimate of Burden: Public reporting Way, Yreka, California. furnish the services to the Government. burden for this collection of information 2. If approved, the action will result FOR FURTHER INFORMATION CONTACT: Don is estimated to average .16 hours (10 in authorizing small entities to furnish Hall, RAC Coordinator, Klamath minutes) per response. the services to the Government. Respondents: Individual producers. National Forest, (530) 841–4468 or 3. There are no known regulatory Estimated Number of Respondents: electronically at [email protected]. alternatives which would accomplish 250,000. SUPPLEMENTARY INFORMATION: The the objectives of the Javits-Wagner- Estimated Number of Responses per meeting is open to the public. Public O’Day Act (41 U.S.C. 46–48c) in Respondent: 1. comment opportunity will be provided connection with the services proposed Estimated Total Annual Burden on and individuals will have the for addition to the Procurement List. Respondents: 40,000. opportunity to address the Committee at Comments on this certification are Proposed topics for comment include: that time. invited. Commenters should identify the (a) Whether the collection information Dated: April 4, 2003. statement(s) underlying the certification is necessary for the proper performance Margaret J. Boland, on which they are providing additional of the functions of the agency, including information. Designated Federal Official. whether the information will have The following services are proposed practical utility; (b) the accuracy of the [FR Doc. 03–8889 Filed 4–10–03; 8:45 am] for addition to Procurement List for agency’s estimate of burden, including BILLING CODE 3410–11–M production by the nonprofit agencies the validity of the methodology and listed: assumptions used; (c) ways to enhance Services the quality, utility, and clarity of the COMMITTEE FOR PURCHASE FROM information collected; and (d) ways to PEOPLE WHO ARE BLIND OR Service Type/Location: Custodial Service SEVERELY DISABLED Federal Building #2, Food Court minimize the burden of the collection of Federal Building #2, Five Star Expresso the information on those who are to Procurement List; Proposed Additions Coffee Bar respond, including the use of Pentagon Building, Au Bon Pair appropriate automated, electronic, AGENCY: Committee for Purchase from Pentagon Building, B.C Cafe mechanical, or other technological People Who Are Blind or Severely Pentagon Building, Common area restrooms collection techniques or other forms of Disabled. Pentagon Building, Corridor 1 Food Court Pentagon Building, Corridor 10 Food Court information technology. Comments ACTION: Proposed additions to should be sent to the Desk Officer for Pentagon Building, Corridor 9/10 Apex, Five procurement list. Star Expresso Coffee Bar Agriculture, Office of Information and Pentagon Building, Grease and Garbage Room Regulatory Affairs, Office of SUMMARY: The Committee is proposing Pentagon Building, Loading dock, 1st Floor, Management and Budget, Washington, to add to the Procurement List services Wedge 1 DC 20503 and to Sharon Biastock, to be furnished by nonprofit agencies Pentagon Building, Pentagon Dining Room Agricultural Program Specialist, employing persons who are blind or and Kitchen Production, Emergencies, and have other severe disabilities. Pentagon Building, Production Kitchen Compliance Division, USDA, FSA, Comments must be received on or Pentagon Building, Wedge 1 Food Court STOP 0517, 1400 Independence before: May 11, 2003. Pentagon Building, Common area stairs and corridors, 1st Floor, 2nd Floor, 3rd Floor Avenue, SW., Washington, DC 20250– ADDRESSES: Committee for Purchase Washington, DC 0517, telephone (202) 720–6336. From People Who Are Blind or Severely NPA: The Chimes, Inc., Baltimore, Maryland Signed at Washington, DC, on April 4, Disabled, Jefferson Plaza 2, Suite 10800, Contract Activity: Navy Exchange Service 2003. 1421 Jefferson Davis Highway, Command, NEXCOM, Virginia Beach, James R. Little, Arlington, Virginia 22202–3259. Virginia Service Type/Location: Grounds Maintenance Administrator, Farm Service Agency. FOR FURTHER INFORMATION CONTACT: USDA, Forest Service Office, [FR Doc. 03–8867 Filed 4–10–03; 8:45 am] Sheryl D. Kennerly, (703) 603–7740. Beaverhead-Deerlodge National Forest, BILLING CODE 3410–05–P SUPPLEMENTARY INFORMATION: This Butte, Montana notice is published pursuant to 41 U.S.C NPA: BSW, Inc., Butte, Montana 47(a) (2) and 41 CFR 51–2.3. Its purpose Contract Activity: USDA-US Forest Service, DEPARTMENT OF AGRICULTURE is to provide interested persons an Butte, Montana opportunity to submit comments on the Service Type/Location: Installation Support Forest Service Services, Fort Hood, Texas proposed actions. If the Committee NPA: Training, Rehabilitation, & Siskiyou County Resource Advisory approves the proposed additions, the Development Institute, Inc., San Committee entities of the Federal Government Antonio, Texas identified in the notice for each service Contract Activity: III Corps and Fort Hood AGENCY: Forest Service, USDA. will be required to procure the services Contracting Command, Fort Hood, Texas
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Service Type/Location: Janitorial/ procurement by the Federal Government Service Type/Location: Janitorial/Custodial, Custodial Armed Forces Reserve Center, under 41 U.S.C. 46–48c and 41 CFR 51– U.S. Army Reserve Center, Marion, Yakima, Washington 2.4. Illinois NPA: Yakima Specialties, Inc., Yakima, I certify that the following action will NPA: Franklin-Williamson Human Services, Inc., West Frankfort, Illinois Washington not have a significant impact on a Contract Activity: Naval Facilities Contract Activity: Headquarters, 88th Engineering Command—Everett, Everett, substantial number of small entities. Regional Support Command, Fort Washington The major factors considered for this Snelling, Minnesota Service Type/Location: Janitorial/Custodial certification were: Service Type/Location: Janitorial/Custodial, U.S. Geological Survey, Klamath Field 1. The action will not result in any U.S. Geological Survey, Great Lakes Office, Klamath Falls, Oregon additional reporting, recordkeeping or Science Center, Ann Arbor, Michigan NPA: Klamath County Mental Health, other compliance requirements for small NPA: Work Skills Corporation, Brighton, Klamath Falls, Oregon entities other than the small Michigan Contract Activity: U.S. Geological Survey, Contract Activity: U.S. Geological Survey, organizations that will furnish the Reston Virginia Sacramento, California products and services to the Service Type/Location: Operation of Service Type/Location: Printer Toner Masking/Taping Service Tobyhanna Government. Cartridge & Ribbons Management, Army Depot, Tobyhanna, Pennsylvania 2. The action will result in Veterans Affairs Medical Center, NPA: Burnley Workshop of the Poconos, authorizing small entities to furnish the Danville, Illinois Stroudsburg, Pennsylvania products and services to the NPA: Thresholds Rehabilitation Inc., Chicago, Illinois Contract Activity: Tobyhanna Army Depot, Government. Contract Activity: Veterans Affairs Medical Tobyhanna, Pennsylvania 3. There are no known regulatory Center, Danville, Illinois alternatives which would accomplish G. John Heyer, the objectives of the Javits-Wagner- This action does not affect current General Counsel. O’Day Act (41 U.S.C. 46–48c) in contracts awarded prior to the effective [FR Doc. 03–8931 Filed 4–10–03; 8:45 am] connection with the products and date of this addition or options that may BILLING CODE 6353–01–P services proposed for addition to the be exercised under those contracts. procurement list. G. John Heyer, Accordingly, the following products General Counsel. COMMITTEE FOR PURCHASE FROM and services are added to the [FR Doc. 03–8932 Filed 4–10–03; 8:45 am] PEOPLE WHO ARE BLIND OR procurement list: SEVERELY DISABLED BILLING CODE 6353–01–P Products Procurement List; Additions Product/NSN: MOLLE II Carrier Sleep System COMMITTEE FOR PURCHASE FROM AGENCY: Committee for Purchase from 8465–01–465–2124 PEOPLE WHO ARE BLIND OR People Who Are Blind or Severely 8465–01–465–7508 SEVERELY DISABLED Disabled. NPA: Alabama Industries for the Blind, ACTION: Additions to procurement list. Talladega, Alabama Procurement List: Addition and NPA: Raleigh Lions Clinic for the Blind, Inc., Deletions; Correction SUMMARY: This action adds to the Raleigh, North Carolina Procurement List products and services Contract Activity: Defense Supply Center In the document appearing on page to be furnished by nonprofit agencies Philadelphia, Philadelphia, 12339, FR Doc 03–6168, in the issue of employing persons who are blind or Pennsylvania March 14, 2003, in the third column the have other severe disabilities. Product/NSN: Windsock Committee published a deletion to the 8345–00–NSH–0001 EFFECTIVE DATE: May 11, 2003. Procurement List for Janitorial/ NPA: Development Workshop, Inc., Idaho Custodial, U.S. Courthouse and ADDRESSES: Committee for Purchase Falls, Idaho Customhouse, Toledo, Ohio. This From People Who Are Blind or Severely Contract Activity: BLM National Interagency deletion is cancelled. The building was Disabled, Jefferson Plaza 2, Suite 10800, Fire Center, Boise, Idaho identified as no longer being a Federal 1421 Jefferson Davis Highway, Services building. We have since been advised Arlington, Virginia 22202–3259. Service Type/Location: Facilities that information was incorrect. The FOR FURTHER INFORMATION CONTACT: Maintenance, Mississippi Air National building will remain on the Sheryl D. Kennerly, (703) 603–7740. Guard, ANG CRTC/LGC, Gulfport, Procurement List with continuing SUPPLEMENTARY INFORMATION: On August Mississippi service provided by a Nonprofit Agency. 23, November 1, December 6, December NPA: Mississippi Goodworks, Inc., Gulfport, 20, December 27, 2002, January 24, Mississippi G. John Heyer, January 31, and February 7, 2003 the Contract Activity: Mississippi ANG, Combat General Counsel. Readiness Training Center, Gulfport, [FR Doc. 03–8933 Filed 4–10–03; 8:45 am] Committee for Purchase From People Mississippi Who Are Blind or Severely Disabled Service Type/Location: Housekeeping BILLING CODE 6353–01–P published notice (67 FR 54629, 66607, Services, Veterans Affairs Medical 72640, 77962, 79045, 68 FR 3508, 4985, Center, Clarksburg, West Virginia and 6403) of proposed additions to the NPA: Job Squad, Inc., Clarksburg, West DEPARTMENT OF COMMERCE procurement list. Virginia After consideration of the material Contract Activity: Department of Veterans Bureau of Industry and Security presented to it concerning capability of Affairs, Coatesville, Pennsylvania qualified nonprofit agencies to provide Service Type/Location: Janitorial/Custodial, BIS Program Evaluation DuPage Air Traffic Control Tower, West the products and services and impact of Chicago, Illinois ACTION: Proposed collection; comment the additions on the current or most NPA: Jewish Vocational Service and request. recent contractors, the Committee has Employment Center, Chicago, Illinois determined that the products and Contract Activity: Federal Aviation SUMMARY: The Department of services listed below are suitable for Administration, Des Plaines, Illinois Commerce, as part of its continuing
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effort to reduce paperwork and IV. Request for Comments covering the period July 1, 2001 through respondent burden, invites the general Comments are invited on: (a) Whether June 30, 2002 (67 FR 44172, 44173). public and other Federal agencies to the proposed collection of information On August 19, 2002, pursuant to take this opportunity to comment on is necessary for the proper performance requests by petitioner, Green Tree proposed and/or continuing information of the functions of the agency, including Chemical Technologies, Inc. (Green collections, as required by the whether the information shall have Tree), and respondent, Imperial Paperwork Reduction Act of 1995, practical utility; (b) the accuracy of the Chemical Industries PLC (ICI), the Public Law 104–13 (44 U.S.C. agency’s estimate of the burden 3506(c)(2)(A)). Department initiated an administrative (including hours and cost) of the review of the antidumping duty order DATES: Written comments must be proposed collection of information; (c) on industrial nitrocellulose from the submitted on or before June 10, 2003. ways to enhance the quality, utility, and United Kingdom for the period July 1, ADDRESSES: Direct all written comments clarity of the information to be 2001 through June 30, 2002 (67 FR to Diana Hynek, DOC Paperwork collected; and (d) ways to minimize the 55000, August 27, 2002). On October 1, Clearance Officer, (202) 482–0266, burden of the collection of information 2002, Green Tree withdrew its request Department of Commerce, Room 6625, on respondents, including through the for an administrative review. On March 14th and Constitution Avenue, NW., use of automated collection techniques 20, 2003, ICI withdrew its request for an Washington, DC 20230. or other forms of information administrative review. FOR FURTHER INFORMATION CONTACT: technology. Requests for additional information or Comments submitted in response to Rescission of Review copies of the information collection this notice will be summarized and/or instrument(s) and instructions should included in the request for OMB Section 351.213(d)(1) of the be directed to Marna Dove, BIS ICB approval of this information collection; Department’s regulations provides that a Liaison, (202) 482–5211, Department of they will also become a matter of public party that requests an administrative Commerce, Room 6622, 14th & record. review may withdraw the request within 90 days after the date of Constitution Avenue, NW., Washington, Dated: April 7, 2003. publication of the notice of initiation of DC 20230. Madeleine Clayton, SUPPLEMENTARY INFORMATION: the requested administrative review. Management Analyst, Office of the Chief Section 351.213(d)(1) also provides that Information Officer. I. Abstract the Department may extend the 90-day [FR Doc. 03–8865 Filed 4–10–03; 8:45 am] This form is used by BIS seminar time limit for parties to withdraw their instructors at seminar programs BILLING CODE 3510–33–P requests that the Department conduct throughout the year. Seminar administrative reviews. On October 1, participants are asked to fill out the DEPARTMENT OF COMMERCE 2002, and March 20, 2003, Green Tree evaluation form during the program and and ICI, respectively, submitted letters turn it in at the end of the program. The International Trade Administration withdrawing their requests that the responses to these questions provide Department conduct an administrative [A-412–803] useful and practical information that review of the period July 1, 2001 BIS can use to determine that it is Industrial Nitrocellulose from the through June 30, 2002. Although ICI providing a quality program and gives United Kingdom: Rescission of withdrew its request for the review after BIS information useful to making Antidumping Duty Administrative the 90-day period had expired, the recommended improvements. It also Review Department is rescinding the shows attendees that BIS cares about administrative review of the their training experience and values AGENCY: Import Administration, antidumping duty order on industrial their viewpoint. The gathering of International Trade Administration, nitrocellulose from the United Kingdom performance measures is also essential Department of Commerce. for the period July 1, 2001 through June in meeting the agency’s responsibilities ACTION: Notice of Rescission of 30, 2002, because both parties who specified in the Government Antidumping Duty Administrative requested administrative reviews have Performance and Results Act (GPRA). Review. withdrawn their requests, and it is II. Method of Collection otherwise reasonable to rescind the EFFECTIVE DATE: April 11, 2003. review. This action is consistent with Survey FOR FURTHER INFORMATION CONTACT: the Department’s practice. See e.g., III. Data Michele Mire or Howard Smith, AD/ Frozen Concentrated Orange Juice From CVD Enforcement, Office 4, Group II, Brazil; Final Results and Partial OMB Number: 0694–0125. Import Administration, International Form Number: None. Rescission of Antidumping Duty Type of Review: Regular submission Trade Administration, U.S. Department Administrative Review, 67 FR 40913 for extension of a currently approved of Commerce, 14th Street and (June 14, 2002) where, pursuant to a collection. Constitution Avenue, NW, Washington, request filed after the 90-day deadline, DC 20230; telephone: (202) 482–4711 Affected Public: Individuals, the Department rescinded the review and (202) 482–5193, respectively. businesses or other for-profit and not- with respect to one respondent because for-profit institutions. SUPPLEMENTARY INFORMATION: the review of that respondent had not Estimated Number of Respondents: Background progressed beyond a point where it 3,900. On July 1, 2002, the Department of would have been unreasonable to grant Estimated Time Per Response: 10 the request for rescission. minutes per response. Commerce (the Department) published a Estimated Total Annual Burden notice of opportunity to request an This notice is in accordance with Hours: 650. administrative review of the section 777(i)(1) of the Tariff Act of Estimated Total Annual Cost: No antidumping duty order on industrial 1930, as amended, and 19 CFR capital expenditures are required. nitrocellulose from the United Kingdom 351.213(d)(4).
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Dated: March 28, 2003. Background conducting calibration measurements of Holly A. Kuga, Sections 101(a)(5)(A) and (D) of the its seismic array in the northern GOM. Acting Deputy Assistant Secretary for Import MMPA ((16 U.S.C. 1361 et seq.) directs The LDEO plans to measure sound Administration. the Secretary of Commerce to allow, levels from each of the airgun arrays [FR Doc. 03–8938 Filed 4–10–03; 8:45 am] upon request, the incidental, but not that will be used during their seismic BILLING CODE 3510–DS–S intentional, taking of marine mammals survey programs during future studies. by U.S. citizens who engage in a These measurements will be made in specified activity (other than shallow, shelf slope, and deep waters in DEPARTMENT OF COMMERCE commercial fishing) within a specified the GOM during late May and/or June geographical region if certain findings 2003, but may be rescheduled. The National Oceanic and Atmospheric are made and either regulations are purpose of these measurements is to Administration issued or, if the taking is limited to verify estimates of sound fields around harassment, a notice of a proposed the airgun arrays that have been made [I.D. 031703A] authorization is provided to the public using LDEO acoustical models. for review. Verification of the output from these Small Takes of Marine Mammals Permission may be granted if NMFS models is needed to confirm the Incidental to Specified Activities; finds that the taking will have a distances from the airguns (safety radii) Marine Seismic Testing in the Northern negligible impact on the species or within which mitigation may be Gulf of Mexico stock(s) and will not have an necessary to avoid exposing marine unmitigable adverse impact on the mammals to airgun sounds at received AGENCY: National Marine Fisheries availability of the species or stock(s) for levels exceeding established limits, e.g. Service (NMFS), National Oceanic and µ subsistence uses and that the the 180 and 190 dB re 1 Pa (rms) limits Atmospheric Administration (NOAA), permissible methods of taking and set for cetaceans and pinnipeds, Commerce. requirements pertaining to the respectively. The measurements will ACTION: Notice of receipt of application monitoring and reporting of such also verify the distances at which the and proposed authorization for a small takings are set forth. NMFS has defined sounds diminish below other lower take exemption; request for comments. ‘‘negligible impact’’ in 50 CFR 216.103 levels that may be assumed to as ‘‘...an impact resulting from the characterize the zone where disturbance SUMMARY: NMFS has received an specified activity that cannot be is possible or likely. The data to be collected during this application from the Lamont-Doherty reasonably expected to, and is not project can be used to develop a better Earth Observatory (LDEO) for an reasonably likely to, adversely affect the understanding of the impact of man- Incidental Harassment Authorization species or stock through effects on made acoustic sources on marine (IHA) to take small numbers of marine annual rates of recruitment or survival.’’ mammals, by harassment, incidental to Subsection 101(a)(5)(D) of the MMPA mammals. There is a paucity of conducting calibration measurements of established an expedited process by calibrated data on levels of man-made sounds in relation to the differing its seismic array in the northern Gulf of which citizens of the United States can responses of marine mammals to these Mexico (GOM). Under the Marine apply for an authorization to sources. The planned project will obtain Mammal Protection Act (MMPA), NMFS incidentally take small numbers of the first calibrated measurements of the is requesting comments on its proposal marine mammals by harassment. Under R/V Maurice Ewing’s (Ewing) acoustic to issue a small take authorization to section 18(A), the MMPA defines sources across a broad range of LDEO to incidentally take, by ‘‘harassment’’ as: harassment, small numbers of several any act of pursuit, torment, or annoyance frequencies from 1 Hz to 25 kHz, and for species of cetaceans for a short period which (i) has the potential to injure a marine various configurations of the Ewing’s of time within the next 12 months. mammal or marine mammal stock in the airgun array. Calibration experiments wild; or (ii) has the potential to disturb a will be conducted in the shallow, shelf DATES: Comments and information must marine mammal or marine mammal stock in slope, and deep water of the GOM to be received no later than My 12, 2003. the wild by causing disruption of behavioral quantify the differences in sound ADDRESSES: Comments on the patterns,including, but not limited to, attenuation in relation to water depth. application should be addressed to the migration, breathing, nursing, breeding, Once calibration measurements have feeding, or sheltering. Chief, Marine Mammal Conservation (B) The term ‘‘Level A harassment’’ means been made, they will be used to model Division, Office of Protected Resources, harassment described in subparagraph (A)(i). the full propagation field of the Ewing National Marine Fisheries Service, 1315 (C) The term ‘‘Level B harassment’’ means in varying geographical settings. This East-West Highway, Silver Spring, MD harassment described in subparagraph (A)(ii). modeling will provide data needed to 20910–3225, or by telephoning the Subsection 101(a)(5)(D) establishes a help minimize any potential risk to contact listed here. A copy of the 45–day time limit for NMFS review of marine mammals during future seismic application, and/or the Environmental an application followed by a 30–day surveys. public notice and comment period on Assessment (EA), which contain the list Description of Activity of references used in this document, any proposed authorizations for the may be obtained by writing to this incidental harassment of small numbers The proposed seismic sound address or by telephoning the contact of marine mammals. Within 45 days of measurements will involve one vessel, listed here. Comments cannot be the close of the comment period, NMFS the Ewing. It will deploy and retrieve a accepted if submitted via e-mail or the must either issue or deny issuance of spar buoy that will record received Internet. the authorization. airgun sounds, and it will tow the airgun arrays whose sounds will be FOR FURTHER INFORMATION CONTACT: Summary of Request measured at various distances from the Kenneth R. Hollingshead, Office of On February 24, 2003, NMFS received buoy. The Ewing will deploy two Protected Resources, NMFS, (301) 713– an application from LDEO for the different airgun arrays in each of the 2055, ext 128. taking, by harassment, of several species three water depths where measurement SUPPLEMENTARY INFORMATION: of marine mammals incidental to will be made. One array will be a 20–
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gun array and the other will be a 20–gun The energy for the airgun array is al., 2002). The narrow continental shelf array (with varying numbers of those 20 compressed air supplied by compressors south of the Mississippi River delta guns active at any one time). While on board the source vessel. The specific appears to be an important habitat for towing each of the arrays and firing the configuration of the airgun array will be some cetacean species (Baumgartner et guns at 20–sec intervals, the Ewing will varied to represent all of the different al., 2001; Davis et al., 2002). Low approach the spar buoy from 10 km (5.4 arrays that will be used during 2003 and salinity, nutrient-rich waters may occur nm) away, pass the spar buoy about 100 the most common arrays that will be over the continental slope near the m (54 nm) to the side of it, and continue used in future years. In addition, a mouth of the Mississippi River or be until it is 10 km (5.4 nm) past the spar multi-beam bathymetric sonar will be entrained within the confluence areas buoy. Sounds will be recorded at the operated from the source vessel for part and transported beyond the continental spar buoy and telemetered to the Ewing. of the calibration survey. A lower- slope, creating a deep-water The Ewing will be self-contained, and energy sub-bottom profiler will also be environment with increased the crew of the vessel will live aboard operated for part of this cruise. Detailed productivity (Davis et al., 2002). The During the GOM cruise, water depths specifications on the acoustic rate of primary productivity and the in the study area will range from <100 instrumentation planned for this standing stocks of chlorophyll and to >2000 m (<330 >6500 ft). Airgun calibration study can be found in plankton are higher in this area as operations will be conducted along a LDEO’s application. compared with other regions in the oceanic Gulf (Dagg et al., 1988; Ortner total of about 132 km (71.3 nm) of Description of Habitat and Marine et al., 1989; Muller-Karger et al., 1991). trackline. This includes 66 km (35.6 nm) Mammals Affected by the Activity of trackline for each of the 2–Generator- This increased productivity may explain Injector (GI) guns and the 20–gun array. A total of 28 cetacean species and one the presence of a breeding population of species of sirenian (West Indian About one third of the survey effort will endangered sperm whales within 100 manatee) are known to occur in the be in water <100 m (328.1 ft), one third km (54 nm) of the Mississippi River GOM. These species are the sperm will be in water 100–2,000 m (328.1– delta (Davis et al., 2002). The whale (Physeter macrocephalus), pygmy 6,561.7 ft), and one third will be in southwestern Florida continental shelf sperm whale (Kogia breviceps), dwarf water >2,000 m (>6,561.7 ft). These may be another region of high sperm whale (Kogia sima), Cuvier’s linear figures represent the planned productivity, and an important habitat beaked whale (Ziphius cavirostris), surveys. There may be additional for several cetacean species Sowerby’s beaked whale (Mesoplodon operations associated with equipment (Baumgartner et al., 2001). bidens), Gervais’ beaked whale testing and repeat coverage of any Several species of cetaceans are also (Mesoplodon europaeus), Blainville’s widespread outside the previously calibration run where initial data beaked whale (Mesoplodon quality is sub-standard. To allow for described areas, on the continental shelf densirostris), rough-toothed dolphin and/or along the shelf break. These these possible additional operations, the (Steno bredanensis), bottlenose dolphin estimates of marine mammals that may include bottlenose dolphins, Atlantic (Tursiops truncatus), pantropical spotted dolphins, and Bryde’s whales be taken includes an allowance for an spotted dolphin (Stenella attenuata), additional 44 km (23.7 nm) of airgun (Davis et al., 2002). Thus, cetaceans in Atlantic spotted dolphin (Stenella the GOM seem to be partitioned by their operations or 110 km (59.4 nm) for each frontalis), spinner dolphin (Stenella of the 2–GI and 20–gun configurations habitat preferences, which are likely longirostris), Clymene dolphin (Stenella based on prey distribution (Baumgartner (220 km (118.8 nm) of total trackline). clymene), striped dolphin (Stenella About one-half of the airgun et al., 2001). coeruleoalba), Fraser’s dolphin Detailed descriptions of the marine operations in each water depth category (Lagenodelphis hosei), Risso’s dolphin mammal species are provided in the will be conducted with the 2–gun array (Grampus griseus), melon-headed whale LDEO application and EA (both and the other half will be with varying (Peponocephala electra), pygmy killer documents are available upon request proportions of the 20–airgun array. whale (Feresa attenuata), false killer (see ADDRESSES)). Please refer to those During operations with the larger array, whale (Pseudorca crassidens), killer documents for additional information. the number of airguns active will vary whale (Orcinus orca), short-finned pilot Additional information on these species from 6 to 20. The five configurations to whale (Globicephala macrorhynchus), can also be found in Waring et al. (2001, be tested (2, 6, 10, 12 and 20 airguns) North Atlantic right whale (Eubalaena 2002). These latter reports are available will include all of the airgun glacialis), humpback whale (Megaptera at the following location: http:// configurations that are anticipated to be novaeangliae), minke whale www.nmfs.noaa.gov/prot_res/PR2/ used during LDEO’s subsequent 2003 (Balaenoptera acutorostrata), Bryde’s Stock_Assessment_Program/sars.html cruises. whale (Balaenoptera edeni), sei whale The procedures to be used during the (Balaenoptera borealis), fin whale Potential Effects on Marine Mammals airgun calibration surveys will be (Balaenoptera physalus), and the blue As outlined in several previous NMFS similar to those used during previous whale (Balaenoptera musculus). documents, the effects of noise on seismic surveys by LDEO, e.g., in the Another 3 species (long-beaked common marine mammals are highly variable equatorial Pacific Ocean (Carbotte et al., dolphin (Delphinus capensis), short- and can be categorized as follows (based 1998, 2000). The proposed program will beaked common dolphin (Delphinus on Richardson et al., 1995): use conventional seismic methodology delphis), and long-finned pilot whale (1) The noise may be too weak to be with a towed airgun array as the energy (Globicephala melas)) could potentially heard at the location of the animal (i.e., source and a LDEO spar buoy as the occur in the GOM. lower than the prevailing ambient noise receiver system. At one of the locations, In the northern GOM, cetaceans are level, the hearing threshold of the a moored US Navy/University of New concentrated along the continental slope animal at relevant frequencies, or both); Orleans EARS (Environmental Acoustic near cyclonic eddy and confluence areas (2) The noise may be audible but not Recording System) buoy will also record of cyclonic-anticyclonic eddy pairs, due strong enough to elicit any overt received sound levels as an independent to nutrient-rich water which is thought behavioral response; calibration of the data that are received to increase zooplankton stocks and thus (3) The noise may elicit reactions of by the LDEO spar buoy. prey abundance in those areas (Davis et variable conspicuousness and variable
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relevance to the well being of the designed and synchronized to suppress biological literature, levels of received marine mammal; these can range from the pressure oscillations subsequent to airgun pulses are often described based temporary alert responses to active the first cycle. The resulting downward- on the ‘‘average’’ or ‘‘root-mean-square’’ avoidance reactions such as vacating an directed pulse has a duration of only 10 (rms) level over the duration of the area at least until the noise event ceases; to 20 ms, with only one strong positive pulse. The rms value for a given pulse (4) Upon repeated exposure, a marine and one strong negative peak pressure is typically about 10 dB lower than the mammal may exhibit diminishing (Caldwell and Dragoset, 2000). Most peak level, and 16 dB lower than the P- responsiveness (habituation), or energy emitted from airguns is at P value (Greene, 1997; McCauley et al., disturbance effects may persist; the relatively low frequencies. For example, 1998, 2000a). A fourth measure that is latter is most likely with sounds that are typical high-energy airgun arrays emit sometimes used is the energy level, in highly variable in characteristics, most energy at 10–120 Hz. However, the dB re 1 µPa2. Because the pulses are <1 infrequent and unpredictable in pulses contain some energy up to 500– sec in duration, the numerical value of occurrence (as are vehicle launches), 1000 Hz and above (Goold and Fish, the energy is lower than the rms and associated with situations that a 1998). The pulsed sounds associated pressure level (but the units are marine mammal perceives as a threat; with seismic exploration have higher different). Because the level of a given (5) Any anthropogenic noise that is peak levels than other industrial sounds pulse will differ substantially strong enough to be heard has the to which whales and other marine depending on which of these measures potential to reduce (mask) the ability of mammals are routinely exposed. is being applied, it is important to be a marine mammal to hear natural The peak-to-peak (P-P) source levels aware which measure is in use when sounds at similar frequencies, including of the 2–20–gun arrays to be studied in interpreting any quoted pulse level. In calls from conspecifics, and underwater the planned project range from 236 to the past, NMFS has commonly µ environmental sounds such as surf 262 dB re 1 Pascal at 1 m. These are referenced the rms levels when noise; the nominal source levels applicable to discussing levels of pulsed sounds that (6) If mammals remain in an area downward propagation. The effective might ‘‘harass’’ marine mammals. because it is important for feeding, source level for horizontal propagation Seismic sound received at any given breeding or some other biologically is lower than the nominal source level, important purpose even though there is point will arrive via a direct path, at least for the 6- to 20–gun arrays. indirect paths that include reflection chronic exposure to noise, it is possible Several factors may reduce the effects from the sea surface and bottom, and that there could be noise-induced of sounds on marine mammals. First, often indirect paths including segments physiological stress; this might (in turn) airgun arrays produce intermittent through the bottom sediments. Sounds have negative effects on the well-being sounds, involving emission of a strong or reproduction of the animals involved; sound pulse for a small fraction of a propagating via indirect paths travel and second followed by several seconds of longer distances and often arrive later (7) Very strong sounds have the near silence. In contrast, some other than sounds arriving via a direct path. potential to cause temporary or acoustic sources produce sounds with (However, sound travel in the bottom permanent reduction in hearing lower peak levels, but their sounds are may travel faster than that in the water sensitivity. In terrestrial mammals, and continuous or discontinuous but and, thus, may arrive earlier than the presumably marine mammals, received continuing for much longer durations direct arrival despite traveling a greater sound levels must far exceed the than seismic pulses. Second, airgun distance.) These variations in travel animal’s hearing threshold for there to arrays are designed to transmit strong time have the effect of lengthening the be any temporary threshold shift (TTS). sounds downward through the seafloor, duration of the received pulse. At the For transient sounds, the sound level and the amount of sound transmitted in source, seismic pulses are about 10 to 20 necessary to cause TTS is inversely near-horizontal directions is ms in duration. In comparison, the related to the duration of the sound. considerably reduced. Nonetheless, they pulse duration as received at long Received sound levels must be even also emit sounds that travel horizontally horizontal distances can be much higher for there to be risk of permanent toward non-target areas. Finally an greater. For example, for one airgun hearing impairment. In addition, intense airgun array is a distributed source, not array operating in the Beaufort Sea, acoustic or explosive events may cause a point source. The nominal source pulse duration was about 300 ms at a trauma to tissues associated with organs level is an estimate of the sound that distance of 8 km (4.3 nm), 500 ms at 20 vital for hearing, sound production, would be measured from a theoretical km (10.8 nm), and 850 ms at 73 km respiration and other functions. This point source emitting the same total (39.4 nm) (Greene and Richardson, trauma may include minor to severe energy as the airgun array. That figure 1988). hemorrhage. is useful in calculating the expected Another important aspect of sound received levels in the far field (i.e., at propagation is that received levels of Characteristics of Airgun Pulses moderate and long distances). Because low-frequency underwater sounds Airguns were first developed by the the airgun array is not a single point diminish close to the surface because of offshore seismic industry as a source, there is no one location within pressure-release and interference replacement to the use of explosives to the near field (or anywhere else) where phenomena that occur at and near the obtain necessary acoustic signals the received level is as high as the surface (Urick, 1983; Richardson et al., (Richardson et al., 1995). Airguns nominal source level. 1995). Paired measurements of received function by venting high-pressure air The strengths of airgun pulses can be airgun sounds at depths of 3 m (9.8 ft) into the water. The pressure signature of measured in different ways, and it is vs. 9 or 18 m (29.5 or 59 ft) have shown an individual airgun consists of a sharp important to know which method is that received levels are typically several rise and then fall in pressure, followed being used when interpreting quoted decibels lower at 3 m (9.8. ft)(Greene by several positive and negative source or received levels. Geophysicists and Richardson, 1988). For a marine pressure excursions caused by usually quote P-P levels, in bar-meters mammal whose auditory organs are oscillation of the resulting air bubble. or dB re 1 µPa-m. The peak (= zero-to- within 0.5 or 1 m (1.6 or 3.3 ft) of the The sizes, arrangement and firing times peak) level for the same pulse is surface, the received level of the of the individual airguns in an array are typically about 6 dB less. In the predominant low-frequency
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components of the airgun pulses would and Greene, 1999). At those distances, kilometers from an operating airgun be further reduced. the received levels on an approximate array. Pulses of underwater sound from rms basis are low (below 120 dB re 1 The distances at which seismic pulses open-water seismic exploration are mPa). However, faint seismic pulses are from the Ewing’s airguns are expected to often detected 50 to 100 km (30 to 54 sometimes detectable at even greater diminish to various received levels of nm) from the source location, even ranges (e.g., Bowles et al., 1994; Fox et 190, 180, 170 dB and 160 dB re 1 mPa, during operations in nearshore waters al., 2002). Considerably higher levels (Greene and Richardson, 1988; Burgess can occur at distances out to several on an rms basis) are as follows:
RMS Radii (m/ft) Airgun Array 190 dB 180 dB 170 dB 160 dB
2 GI airguns* 15/49 50/164 155/508 520/1706 6 airguns** 50/164 220/722 700/2296 2700/8858 10 airguns** 250/820 830/2723 2330/7644 6500/21325 12 airguns** 300/984 880/2887 2680/8793 7250/23786 20 airguns** 400/1312 950/3117 3420/11220 9000/29527 * Airgun depth 6 m (20 ft) **airgun depth 7.5 m (24.6 ft)
The primary objective of LDEO’s continued calling in the presence of Disturbance by Seismic Surveys planned study is to verify or improve seismic pulses (Madsen et al., 2002). Disturbance includes a variety of these estimated distances. Additional Masking effects of seismic pulses are effects, including subtle changes in details concerning the expected levels at expected to be negligible in the case of behavior, more conspicuous dramatic various distances and angles relative to the smaller odontocete cetaceans, given changes in activities, and displacement. each of these airgun arrays can be found the intermittent nature of seismic pulses Disturbance is the primary concern for in the LDEO application. plus the fact that sounds important to this project. However, there are them are predominantly at much higher Effects of Seismic Surveys on Marine difficulties in defining which marine frequencies than are airgun sounds. Mammals Most of the energy in the sound mammals should be counted as ‘‘taken The LDEO application provides the pulses emitted by airgun arrays is at low by harassment’’. For many species and following information on what is known frequencies, with strongest spectrum situations, scientists do not have about the effects on marine mammals of levels below 200 Hz and considerably detailed information about their the types of seismic operations planned lower spectrum levels above 1000 Hz. reactions to noise, including reactions to by LDEO. The types of effects These frequencies are mainly used by seismic (and sonar) pulses. Behavioral considered here are (1) masking, (2) mysticetes, but not by odontocetes or reactions of marine mammals to sound disturbance, and (3) potential hearing pinnipeds. An industrial sound source are difficult to predict. Reactions to impairment and other physical effects. will reduce the effective communication sound, if any, depend on species, state Additional discussion on species or echolocation distance only if its of maturity, experience, current activity, specific effects can be found in the frequency is close to that of the cetacean reproductive state, time of day, and LDEO application. signal. If little or no overlap occurs many other factors. If a marine mammal does react to an underwater sound by Masking between the industrial noise and the frequencies used, as in the case of many changing its behavior or moving a small Masking effects on marine mammal marine mammals vs. airgun sounds, distance, the impacts of the change may calls and other natural sounds are communication and echolocation are not be significant to the individual let expected to be limited. Seismic sounds not expected to be disrupted. alone the stock or the species as a are short pulses occurring for less than Furthermore, the discontinuous nature whole. However, if a sound source 1 sec every 20 or 60–90 sec in this of seismic pulses makes significant displaces marine mammals from an project. Sounds from the multi-beam masking effects unlikely, even for important feeding or breeding area for a sonar are very short pulses, occurring mysticetes. prolonged period, impacts on the for 1–10 msec once every 1 to 15 sec, A few cetaceans are known to animals could be significant. Given the depending on water depth. (During increase the source levels of their calls many uncertainties in predicting the operations in deep water, the duration in the presence of elevated sound levels, quantity and types of impacts of noise of each pulse from the multi-beam sonar or possibly to shift their peak on marine mammals, scientists often as received at any one location would frequencies in response to strong sound resort to estimating how many mammals actually be only 1/5th or at most 2/5th signals (Dahlheim, 1987; Au, 1993; were present within a particular of 1–10 msec, given the segmented Lesage et al., 1999; Terhune, 1999; distance of industrial activities, or nature of the pulses.) Some whales are reviewed in Richardson et al., 1995). exposed to a particular level of known to continue calling in the These studies involved exposure to industrial sound. This likely presence of seismic pulses. Their calls other types of anthropogenic sounds, overestimates the numbers of marine can be heard between the seismic pulses not seismic pulses, and it is not known mammals that are affected in some (e.g., Richardson et al., 1986; McDonald whether these types of responses ever biologically important manner. et al., 1995; Greene et al., 1999). occur upon exposure to seismic sounds. The sound criteria used to estimate Although there has been one report that If so, these adaptations, along with how many marine mammals might be sperm whales cease calling when directional hearing and preadaptation to disturbed to some biologically exposed to pulses from a very distant tolerate some masking by natural important degree by a seismic program seismic ship (Bowles et al., 1994), a sounds (Richardson et al., 1995), would are based on behavioral observations recent study reports that sperm whales all reduce the importance of masking. during studies of several species
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(humpback, gray and bowhead whales; data on sound levels and durations marine mammals but are assumed to be ringed seals). However, information is necessary to elicit mild TTS have been similar to those in humans and other lacking for many other species. These obtained for marine mammals. terrestrial mammals. potential impacts are discussed further The predicted 180– and 190–dB Some factors that contribute to onset in the LDEO application. distances for the airgun arrays operated of PTS are as follows: by LDEO during this activity were (1) exposure to single very intense Hearing Impairment and Other Physical summarized previously in this noises, (2) repetitive exposure to intense Effects document. These sound levels are not sounds that individually cause TTS but Temporary or permanent hearing considered to be the levels at or above not PTS, and (3) recurrent ear infections impairment is a possibility when marine which TTS would occur. Rather, they or (in captive animals) exposure to mammals are exposed to very strong are the received levels above which, in certain drugs. sounds. The minimum sound level the view of a panel of bioacoustics Cavanagh (2000) has reviewed the necessary to cause permanent hearing specialists convened by NMFS, one thresholds used to define TTS and PTS. impairment is higher, by a variable and cannot be certain that there will be no Based on his review and SACLANT generally unknown amount, than the injurious effects, auditory or otherwise, (1998), it is reasonable to assume that level that induces barely detectable to marine mammals. It has been shown PTS might occur at a received sound temporary threshold shift (TTS). The that most whales tend to avoid ships level 20 dB or more above that which level associated with the onset of TTS and associated seismic operations. induces mild TTS. However, for PTS to is considered to be a level below which Thus, whales will likely not be exposed occur at a received level only 20 dB there is no danger of damage and to such high levels of airgun sounds. above the TTS threshold, it is probable current NMFS policy regarding Any whales close to the trackline could that the animal would have to be exposure of marine mammals to high- move away before the sounds become exposed to the strong sound for an level sounds is that cetaceans and sufficiently strong for there to be any extended period. pinnipeds should not be exposed to potential for hearing impairment. Sound impulse duration, peak impulsive sounds exceeding 180 and Therefore, there is little potential for amplitude, rise time, and number of 190 dB re 1 micro Pa (rms), respectively. whales being close enough to an array pulses are the main factors thought to Several aspects of the planned to experience TTS. In addition, ramping determine the onset and extent of PTS. monitoring and mitigation measures for up airgun arrays, which has become Based on existing data, Ketten (1994) this project are designed to detect standard operational protocol for many has noted that the criteria for marine mammals occurring near the seismic operators, including LDEO, differentiating the sound pressure levels airgun array (and multi-beam sonar) and should allow cetaceans to move away that result in PTS (or TTS) are location to avoid exposing them to sound pulses from the seismic source and to avoid and species-specific. PTS effects may that might cause hearing impairment. In being exposed to the full acoustic also be influenced strongly by the health addition, many cetaceans are likely to output of the airgun array. of the receiver’s ear. show some avoidance of the area with Given that marine mammals are ongoing seismic operations. In these Permanent Threshold Shift (PTS) unlikely to be exposed to received levels cases, the avoidance responses of the When PTS occurs, there is physical of seismic pulses that could cause TTS, animals themselves will reduce or avoid damage to the sound receptors in the it is highly unlikely that they would the possibility of hearing impairment. ear. In some cases, there can be total or sustain permanent hearing impairment. Non-auditory physical effects may partial deafness, and in other cases, the If we assume that the TTS threshold for also occur in marine mammals exposed animal has an impaired ability to hear exposure to a series of seismic pulses to strong underwater pulsed sound. sounds in specific frequency ranges. may be on the order of 220 dB re 1 µPa Possible types of non-auditory Physical damage to a mammal’s hearing (P-P) in odontocetes, then the PTS physiological effects or injuries that apparatus can occur if it is exposed to threshold might be about 240 dB re 1 might (in theory) occur include stress, sound impulses that have very high µPa (P-P). In the units used by neurological effects, bubble formation, peak pressures, especially if they have geophysicists, this is 10 bar-m. Such resonance effects, and other types of very short rise times (time required for levels are found only in the immediate organ or tissue damage. It is possible sound pulse to reach peak pressure from vicinity of the largest airguns that some marine mammal species (i.e., the baseline pressure). Such damage can (Richardson et al., 1995; Caldwell and beaked whales) may be especially result in a permanent decrease in Dragoset, 2000). It is very unlikely that susceptible to injury and/or stranding functional sensitivity of the hearing an odontocete would remain within a when exposed to strong pulsed sounds. system at some or all frequencies. few meters of a large airgun for Single or occasional occurrences of sufficiently long to incur PTS. The TTS TTS mild TTS do not cause permanent (and thus PTS) thresholds of baleen TTS is the mildest form of hearing auditory damage in terrestrial mammals, whales and pinnipeds may be lower, impairment that can occur during and presumably do not do so in marine and thus may extend to a somewhat exposure to a strong sound (Kryter, mammals. However, very prolonged greater distance. However, baleen 1985). When an animal experiences exposure to sound strong enough to whales generally avoid the immediate TTS, its hearing threshold rises and a elicit TTS, or shorter-term exposure to area around operating seismic vessels, sound must be stronger in order to be sound levels well above the TTS so it is unlikely that a baleen whale heard. TTS can last from minutes or threshold, can cause PTS, at least in could incur PTS from exposure to hours to (in cases of strong TTS) days. terrestrial mammals (Kryter, 1985). In airgun pulses and pinnipeds are not The magnitude of TTS depends on the terrestrial mammals, the received sound found in the GOM. Therefore, although level and duration of noise exposure, level from a single sound exposure must it is unlikely that the planned seismic among other considerations (Richardson be far above the TTS threshold for any surveys could cause PTS in any marine et al., 1995). For sound exposures at or risk of permanent hearing damage mammals, caution is warranted given somewhat above the TTS threshold, (Kryter, 1994; Richardson et al., 1995). the limited knowledge about noise- hearing sensitivity recovers rapidly after Relationships between TTS and PTS induced hearing damage in marine exposure to the noise ends. Only a few thresholds have not been studied in mammals, particularly baleen whales.
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Strandings and Mortality sonars have also been reported (e.g., Non-auditory Physiological Effects Marine mammals close to underwater Simmonds and Lopez-Jurado, 1991; As mentioned previously, possible detonations of high explosives can be Frantzis, 1998). In these cases, it was types of non-auditory physiological killed or severely injured, and the not determined whether there were effects or injuries that might occur in auditory organs are especially noise-induced injuries to the ears or marine mammals exposed to strong susceptible to injury (Ketten et al., 1993; other organs. Another stranding of underwater sound might, in theory, Ketten, 1995). Airgun pulses are less beaked whales (15 whales) happened on include stress, neurological effects, energetic and have slower rise times, 24–25 September 2002 in the Canary bubble formation, resonance effects, and and there is no evidence that they can Islands, where naval maneuvers were other types of organ or tissue damage. cause serious injury, death, or stranding. taking place. There is no proof that any of these However, the association of mass It is important to note that seismic effects occur in marine mammals strandings of beaked whales with naval pulses and mid-frequency sonar pulses exposed to sound from airgun arrays. exercises and, in a recent case, an LDEO are quite different. Sounds produced by However, there have been no direct seismic survey has raised the possibility the types of airgun arrays used to profile studies of the potential for airgun pulses that beaked whales may be especially sub-sea geological structures are to elicit any of these effects. If any such susceptible to injury and/or stranding broadband with most of the energy effects do occur, they would probably be when exposed to strong pulsed sounds. below 1 kHz. Typical military mid- limited to unusual situations when In March 2000, several beaked whales frequency sonars operate at frequencies animals might be exposed at close range that had been exposed to repeated of 2 to 10 kHz, generally with a for unusually long periods. pulses from high intensity, mid- relatively narrow bandwidth at any one Long-term exposure to anthropogenic frequency military sonars stranded and time (though the center frequency may noise may have the potential to cause died in the Providence Channel of the change over time). Because seismic and physiological stress that could affect the Bahamas Islands, and were sonar sounds have considerably health of individual animals or their subsequently found to have incurred different characteristics and duty cycles, reproductive potential, which could cranial and ear damage (NOAA and it is not appropriate to assume that there theoretically cause effects at the USN, 2001). Based on post-mortem is a direct connection between the population level (Gisner (ed.), 1999). analyses, it was concluded that an effects of military sonar and seismic However, there is essentially no acoustic event caused hemorrhages in surveys on marine mammals. However, information about the occurrence of and near the auditory region of some evidence that sonar pulses can, in noise-induced stress in marine beaked whales. These hemorrhages special circumstances, lead to hearing mammals. Also, it is doubtful that any occurred before death. They would not damage and, indirectly, mortality single marine mammal would be necessarily have caused death or suggests that caution is warranted when exposed to strong seismic sounds for permanent hearing damage, but could dealing with exposure of marine sufficiently long that significant have compromised hearing and mammals to any high-intensity pulsed physiological stress would develop. navigational ability (NOAA and USN, sound. This is particularly so in the case of 2001). The researchers concluded that In addition to the sonar-related broad-scale seismic surveys of the type acoustic exposure caused this damage strandings, there was a recent planned by LDEO, where the tracklines and triggered stranding, which resulted (September, 2002) stranding of two are generally not as closely spaced as in in overheating, cardiovascular collapse, Cuvier’s beaked whales in the Gulf of many 3–dimensional industry surveys, and physiological shock that ultimately California (Mexico) when a seismic or the brief acoustic measurement led to the death of the stranded beaked survey by the National Science program planned for the northern GOM. whales. During the event, five naval Foundation (NSF)/LDEO vessel Ewing Gas-filled structures in marine vessels used their AN/SQS–53C or –56 was underway in the general area animals have an inherent fundamental hull-mounted active sonars for a period (Malakoff, 2002). The airgun array in resonance frequency. If stimulated at of 16 hours. The sonars produced use during that project was the Ewing’s this frequency, the ensuing resonance narrow (<100 Hz) bandwidth signals at 20–gun 8490–in3 array. This might be a could cause damage to the animal. center frequencies of 2.6 and 3.3 kHz (– first indication that seismic surveys can Diving marine mammals are not subject 53C), and 6.8 to 8.2 kHz (–56). The have effects, at least on beaked whales, to the bends or air embolism because, respective source levels were usually similar to the suspected effects of naval unlike a human SCUBA diver, they only 235 and 223 dB re 1 µ Pa, but the –53C sonars. However, the evidence linking breath air at sea level pressure and have briefly operated at an unstated but the Gulf of California strandings to the protective adaptations against getting substantially higher source level. The seismic surveys is inconclusive, and to the bends. There may be a possibility unusual bathymetry and constricted this date is not based on any physical that high sound levels could cause channel where the strandings occurred evidence (Hogarth, 2002; Yoder, 2002). bubble formation in the blood of diving were conducive to channeling sound. The ship was also operating its multi- mammals that in turn could cause an air This, and the extended operations by beam bathymetric sonar at the same embolism, tissue separation, and high, multiple sonars, apparently prevented time but, as discussed later in this localized pressure in nervous tissue escape of the animals to the open sea. document, this sonar had much less (Gisner (ed.), 1999; Houser et al., 2001). In addition to the strandings, there are potential than these naval sonars to A recent workshop (Gentry (ed.), reports that beaked whales were no affect beaked whales. Although the link 2002) was held to discuss whether the longer present in the Providence between the Gulf of California stranding of beaked whales in the Channel region after the event, strandings and the seismic (plus multi- Bahamas in 2000 might have been suggesting that other beaked whales beam sonar) survey is inconclusive, this related to air cavity resonance or bubble either abandoned the area or (perhaps) plus the various incidents involving formation in tissues caused by exposure died at sea (Balcomb and Claridge, beaked whale strandings associated to noise from naval sonar. A panel of 2001). with naval exercises suggests a need for experts concluded that resonance in air- Other strandings of beaked whales caution in conducting seismic surveys filled structures was not likely to have associated with operation of military in areas occupied by beaked whales. caused this stranding. Among other
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reasons, the air spaces in marine are directed close to horizontally (vs. passes by, and the individual pulses mammals are too large to be susceptible downward for the Hydrosweep). The will be very short. to resonant frequencies emitted by mid- area of possible influence of the Captive bottlenose dolphins and a or low-frequency sonar; lung tissue Hydrosweep is much smaller (a narrow beluga whale exhibited changes in damage has not been observed in any band below the source vessel). Marine behavior when exposed to 1–sec pulsed mass, multi-species stranding of beaked mammals that encounter the sounds at frequencies similar to those whales; and the duration of sonar pings Hydrosweep at close range are unlikely that will be emitted by the multi-beam is likely too short to induce vibrations to be subjected to repeated pulses sonar used by LDEO (Ridgway et al., that could damage tissues (Gentry (ed.), because of the narrow fore-aft width of 1997; Schlundt et al., 2000), and to 2002). Opinions were less conclusive the beam, and will receive only limited shorter broadband pulsed signals about the possible role of gas (nitrogen) amounts of pulse energy because of the (Finneran et al., 2000, 2002). Behavioral bubble formation/growth in the short pulses. changes typically involved what Bahamas stranding of beaked whales. appeared to be deliberate attempts to Masking by Mid-Frequency Sonar Workshop participants did not rule out avoid the sound exposure or to avoid Signals the possibility that bubble formation/ the location of the exposure site during growth played a role in the stranding There is little chance that marine subsequent tests (Schlundt et al., 2000; and participants acknowledged that mammal communications will be Finneran et al., 2002). Dolphins exposed more research is needed in this area. masked appreciably by the multi-beam to 1–sec intense tones exhibited short- The only available information on sonar signals given the low duty cycle term changes in behavior above received acoustically mediated bubble growth in of the sonar and the brief period when sound levels of 178 to 193 dB re 1 µPa marine mammals is modeling that an individual mammal is likely to be rms and belugas did so at received assumes prolonged exposure to sound. within its beam. Furthermore, in the levels of 180 to 196 dB and above. In summary, little is known about the case of baleen whales, the sonar signals Received levels necessary to elicit such potential for seismic survey sounds to do not overlap with the predominant reactions to shorter pulses were higher cause auditory impairment or other frequencies in the calls, which would (Finneran et al., 2000, 2002). Test physical effects in marine mammals. avoid significant masking. animals sometimes vocalized after Available data suggest that such effects, Behavioral Responses Resulting from exposure to pulsed, mid-frequency if they occur at all, would be limited to Mid-Frequency Sonar Signals sound from a watergun (Finneran et al., situations where the marine mammal is 2002). In some instances, animals located at a short distance from the Marine mammal behavioral reactions exhibited aggressive behavior toward sound source. However, the available to military and other sonars appear to the test apparatus (Ridgway et al., 1997; data do not allow for meaningful vary by species and circumstance. Schlundt et al., 2000). The relevance of quantitative predictions of the numbers Sperm whales reacted to military sonar, these data to free-ranging odontocetes is (if any) of marine mammals that might apparently from a submarine, by uncertain. In the wild, cetaceans be affected in these ways. Marine dispersing from social aggregations, sometimes avoid sound sources well mammals that show behavioral moving away from the sound source, before they are exposed to the levels avoidance of seismic vessels, including remaining relatively silent and listed above, and reactions in the wild most baleen whales, some odontocetes, becoming difficult to approach (Watkins may be more subtle than those and some pinnipeds, are unlikely to et al., 1985). Other early and generally described by Ridgway et al. (1997) and incur auditory impairment or other limited observations were summarized Schlundt et al.(2000). physical effects. in Richardson et al. (1995). More In summary, cetacean behavioral recently, Rendell and Gordon (1999) reactions to military and other sonars Possible Effects of Mid-Frequency Sonar recorded vocal behavior of pilot whales appear to vary by species and Signals during periods of active naval sonar circumstance. While there may be a link A multi-beam bathymetric sonar transmission. The sonar signal was between naval sonar use and changes in (Atlas Hydrosweep DS–2, 15.5–kHz) made up of several components each cetacean vocalization rates and will be operated from the source vessel lasting 0.17 sec and sweeping up from movements, it is unclear what impact at some time during the calibration 4 to 5 kHz. The pilot whales were these behavioral changes (which are study. Sounds from the multi-beam significantly more vocal while the pulse likely to be short-term) might have on sonar are very short pulses, occurring trios were being emitted than during the the animals. Therefore, as mentioned for 1–10 msec once every 1 to 15 sec, intervening quiet periods, but did not previously, because simple momentary depending on water depth. Most of the leave the area even after several hours behavioral reactions that are within energy in the sound pulses emitted by of exposure to the sonar. normal behavioral patterns for that this multi-beam sonar is at high Reactions of beaked whales near the species are not considered to be a frequencies, centered at 15.5 kHz. The Bahamas to mid-frequency naval sonars taking, the very brief exposure of beam is narrow (2.67°) in fore-aft extent, were summarized earlier. Following cetaceans to signals from the and wide (140°) in the cross-track extended exposure to pulses from a Hydrosweep is unlikely to result in a extent. Each ping consists of five variety of ships, some individuals ‘‘take’’ by harassment. successive transmissions (segments) at beached themselves, and others may different cross-track angles. Any given have abandoned the area (Balcomb and Hearing Impairment and Other Physical mammal at depth near the trackline Claridge, 2001; NOAA and USN, 2001). Effects would be in the main beam for only one Pulse durations from these sonars were Given recent stranding events that or two of the five segments, i.e. for 1/ much longer than those of the LDEO have been associated with the operation 5th or at most 2/5th of the 1–10 msec. multi-beam sonar, and a given mammal of naval sonar, there is much concern Navy sonars that have been linked to would probably receive many pulses. that sonar noise can cause serious avoidance reactions and stranding of All of these observations are of limited impacts to marine mammals (for cetaceans (1) generally are more relevance to the present situation discussion see Effects of Seismic powerful than the Atlas Hydrosweep, because exposures to multi-beam pulses Surveys on Marine Mammals). It is (2) have a longer pulse duration, and (3) are expected to be brief as the vessel worth noting that the multi-beam sonar
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proposed for use by LDEO is quite whales, the sonar signals do not overlap studies of baleen whales. Odontocete different than sonars used for navy with the predominant frequencies in the hearing at low frequencies is relatively operations. Pulse duration of the multi- calls, which would avoid significant insensitive, and the dolphins generally beam sonar is very short relative to the masking. appear to be more tolerant of strong naval sonars. Also, at any given sounds than are most baleen whales. For Behavioral Responses by Sub-bottom location, an individual marine mammal that reason, it has been suggested that Profiler Signals would be in the beam of the multi-beam for purposes of estimating incidental sonar for much less time given the Marine mammal behavioral reactions harassment of odontocetes, a 170–dB generally downward orientation of the to pulsed sound sources are discussed criterion might be appropriate. beam and its narrow fore-aft beamwidth. above and responses to the sub-bottom All anticipated takes would be Level (Navy sonars often use near- profiler are likely to be similar to those B harassment takes involving temporary horizontally-directed sound.) These of other pulsed sources at the same changes in behavior. The mitigation factors would all reduce the sound received levels. However, the pulsed measures to be applied by LDEO will energy received from the multi-beam signals from the sub-bottom profiler are minimize the possibility of injurious sonar rather drastically relative to that much weaker than those from the airgun takes during the planned acoustic from the sonars used by the Navy. array and the multi-beam, so behavioral calibration project in the northern GOM. responses are not expected unless The estimate of the number of marine Possible Effects of the Sub-bottom marine mammals were very close to the mammals that might be taken by Profiler Signals source, e.g. with about 160 m (525 ft) harassment is based on a consideration A sub-bottom profiler will be operated below the vessel, or a lesser distance to of the number of marine mammals that from the source vessel at some times the side. Thus, the very brief exposure might be disturbed by operations with during the planned study. Sounds from of cetaceans to small numbers of signals the specific airgun arrays planned for the sub-bottom profiler are very short from the sub-bottom profiler would not each of the calibration runs past the spar pulses, occurring for 1, 2 or 4 msec once result in Level B harassment. buoy. LDEO’s initial estimates of the every second. Most of the energy in the numbers that might be disturbed assume Hearing Impairment and Other Physical sound pulses emitted by this multi- that, on average, cetaceans exposed to Effects beam sonar is at mid frequencies, airgun sounds with received levels ≤160 centered at 3.5 kHz. The beamwidth is Source levels of the sub-bottom dB re 1 µPa (rms) might be sufficiently approximately 300 and is directed profiler are much lower than airguns disturbed to be ‘‘taken by harassment.’’ downward. and the multi-beam. Sound levels from The best estimate also includes an Sound levels have not been measured a sub-bottom profiler similar to the one allowance for four extra source-vessel for the sub-bottom profiler used by the on the Ewing were estimated to decrease transits past the spar buoy in order to Ewing, but Burgess and Lawson (2000) to 180 dB re 1 µPa (rms) at 8 m (26.2 obtain the required calibration data and, measured the sounds propagating more ft) horizontally from the source (Burgess therefore, is an overestimate if the or less horizontally from a similar unit and Lawson, 2000), and about 18 m (59 calibrations measurements require only with similar source output (205 dB re 1 ft) downward from the source. Thus six transits. The best estimates take µPa-m source level). The 160 and 180 few, if any, marine mammals are likely account of data on marine mammal dB re 1 µPa (rms) radii, in the horizontal to approach close enough to the sub- abundance from previous surveys in direction, were estimated to be near 20 bottom profiler to be exposed to pulse that area. m (65.6 ft) and 8 m (26.2 ft) from the levels that might cause hearing The anticipated radii of influence of source, as measured in 13 m (42.6 ft) impairment or other physical injuries. the multi-beam sonar and the sub- water depth. The corresponding Furthermore, the sub-bottom profiler bottom profiler are much less than that distances for an animal in the beam is usually operated simultaneously with for the airgun array (see previous below the transducer would be greater, other higher-power acoustic sources. discussion). It is assumed that any on the order of 180 m (590.5 ft) and 18 Many marine mammals will move away marine mammal close enough to be m (59 ft) (assuming spherical in response to the approaching higher- affected by the multi-beam sonar or the spreading). power sources before the mammals sub-bottom profiler would already be The sub-bottom profiler on the Ewing would be close enough to be affected by affected by the airguns. Therefore, no has a maximum source level of 204 dB the less intense sounds from the sub- additional takings by harassment would re 1 µPa-m. Thus the received level bottom profiler. In the event that occur for animals that might be affected should be expected to decrease to 160 mammals do not avoid the approaching by the multi-beam sonar or the sub- and 180 dB about 160 and 16 m (525 vessel and its various sound sources, bottom profiler. and 52.5 ft) below the transducer, mitigation measures that would be Estimates of Take by Harassment for the respectively (again assuming spherical applied to minimize effects of the GOM spreading). Corresponding distances in higher-power sources would further the horizontal plane would be lower, reduce or eliminate any minor effects of Extensive aircraft- and ship-based given the directionality of this source the sub-bottom profiler. surveys have been conducted for marine (30° beamwidth) and the measurements mammals in the GOM, including the Estimates of Take by Harassment of Burgess and Lawson (2000). area where the calibration study will be As described previously in this conducted (Davis et al., 2000, 2002; Masking by Sub-bottom Profiler Signals document and in the LDEO application, Wursig et al., 2000; Baumgartner et al., There is little chance that marine animals subjected to sound levels 2001). However, oceanographic and mammal communications will be greater than 160 dB may alter their other conditions strongly influence the masked appreciably by the sub-bottom behavior or distribution, and, therefore, distribution and numbers of marine profiler signals given its relatively low might be considered to be taken by mammals present in an area (Davis et power output, the low duty cycle and harassment. However, the 160–dB al., 2002). Thus, for some species the the brief period when an individual criterion, used by NMFS as an indicator densities derived from recent surveys mammal is likely to be within its beam. of where Level B harassment may result may not be representative of the Furthermore, in the case of baleen from impulse sounds, is based on densities that will be encountered
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during the proposed acoustical Individual airguns will range in size safety zones where there is a possibility calibration study. Table 3 in the LGEO from 80 to 850 in3. The airguns of significant effects on hearing or other application gives the densities for each comprising these arrays will be spread physical effects. Vessel-based observers species or species group of marine out horizontally, so that the energy from will watch for marine mammals near the mammals in LDEO’s proposed study the array will be directed mostly seismic vessel during daylight periods area based on the 1996/97 GulfCet II downward. with shooting, and for at least 30 surveys (Davis et al., 2000). The The sound pressure fields have been minutes prior to the planned start of densities from the GulfCet studies had modeled in relation to distance and airgun operations. been corrected by the original authors direction from each of the five array Two observers will monitor marine for detectability bias but not for configurations and are shown in Figs. 7– mammals near the Ewing during all availability bias. Therefore, in Table 3, 11 in LDEO’s application. The radii airgun operations in the GOM. The LDEO has adjusted the originally around the arrays where the received Ewing is a suitable platform for marine reported densities and population level would be 180 dB re 1 µPa (rms), mammal observations. The observer’s estimates to account for availability the shutdown criterion applicable to eye level will be approximately 11 m bias. Based on those densities, the cetaceans, were estimated as 50 m (164 (36 ft) above sea level when stationed on numbers of each species that might be ft), 220 m (722 ft), 830 m (2,723 ft), 880 the bridge, allowing for good visibility taken by harassment and the requested m (2,887 ft) and 950 m (3,117 ft) for the within a 21° arc for each observer. In level of take by harassment are shown 2-, 6-, 10-, 12-, and 20–gun arrays, addition to visual observations, a towed in that table. respectively. hydrophone array will be used to detect Dolphins account for 94 percent of the Vessel-based observers will watch for and locate marine mammals. This will ‘‘best estimate’’ (i.e., 486 of 520 marine mammals in the vicinity of the increase the likelihood of detecting and animals). There is no general agreement arrays. Until such time as the sound identifying any marine mammals that regarding any alternative ‘‘take’’ pressure fields estimated by the model are present during airgun operations. criterion for dolphins exposed to airgun have been confirmed by measurements The proposed monitoring plan is pulses. However, if only those dolphins of actual sound pressure levels, LDEO summarized later in this document. exposed to ≥170 dB re 1 µPa (rms) were proposes to use 1.5 times the 180 dB Proposed Safety Radii affected sufficiently to be considered isopleth. One of the main purposes of ‘‘taken by harassment’’, then the best the measurements that will be made Received sound levels have been estimate for dolphins would be 183 during the GOM project is to verify or modeled for the 2-, 6-, 10-, 12-, and 20– rather than 486. This is based on the refine these safety radii. The current airgun arrays and are depicted in predicted 170 dB radii around the 2 GI plan is to measure sounds produced by Figures 7–11 of the LDEO application. gun and 20–airgun arrays (155 m (508 the 6-, 10-, 12- and 20–gun arrays during Based on the modeling, estimates of the ft) and 3,420 m (11, 220 ft), the same transit past the spar buoy, 190-, 180-, 170-, and 160–dB re 1 µPa respectively). This number of 183 operating these four combinations of (rms) distances (safety radii) for these animals is considered by LDEO to be a airguns in a repeating sequence. The arrays are shown in Table 1 in the more realistic ‘‘best estimate’’ of the safety radius for the 20–gun array (x1.5) application and previously in this number of dolphins that may be will be used whenever the sequence document. Acoustic measurements in disturbed (i.e., Level B harassment). including (at times) 20 active guns is in shallow (<100 m/328 ft), mid-depths This number is about 0.1 percent of the progress. Sounds from the 2 GI guns (100–2000 m/328–6,562 ft), but estimated GOM population of dolphins will be measured during separate probably about 1000 m (3,281 ft)), and (approx. 165,715). Therefore, the total transits past the spar buoy. During the deep (>2000 m) water will be taken number of dolphins likely to react GOM cruise, the proposed safety radii during the proposed cruise, in order to behaviorally is considerably lower than for cetaceans are 75 m (246 ft) and 1,425 check the modeled received sound the estimated 486 animals. m (4,675 ft), respectively, for the 2 GI- levels during operation of these airgun Of the 520 marine mammals that guns and 20–gun array. LDEO proposes arrays in a wide variety of water depths. might be exposed to airgun sounds with to shut down the airguns if marine Because the safety radii will not be received levels >160 dB re 1 µPa (rms), mammals are detected within the confirmed before the cruise, an estimated two would be sperm proposed safety radii. conservative safety radii will be used whales. Two sperm whales represent 0.4 Also, LDEO proposes to use a ramp- during the proposed GOM surveys. percent of the estimated GOM up (soft-start) procedure when Conservative radii will be established at population of about 530 sperm whales. commencing operations. Ramp-up will 1.5 times the distances calculated for begin with the smallest gun in the array the 2 GI-guns and the 20 airgun array. Mitigation that is being used (80 in3 for all subsets Thus, during the GOM cruise the The directional nature of the of the 20–gun array). Guns will be proposed conservative safety radii for alternative airgun arrays to be used in added in a sequence such that the cetaceans are 75 m (246 ft) and 1,425 m this project (especially the larger arrays) source level of the array will increase at (4,675 ft) for the 2 GI guns and 20–gun is an important mitigating factor. This a rate no greater than 6 dB per 5– arrays, respectively. directionality will result in reduced minutes. Airgun operations will be suspended sound levels at any given horizontal immediately when cetaceans are Marine Mammal Mitigation Monitoring distance than would be expected at that detected within or about to enter the distance if the source were Vessel-based observers will monitor appropriate 180–dB (rms) radius. This omnidirectional with the stated nominal marine mammals near the source vessel 180 dB criterion is consistent with source level. starting 30 minutes before all airgun guidelines listed for cetaceans by NMFS For the proposed airgun calibration operations. Airguns will be operated (2000) and other guidance by NMFS. work in the GOM in 2003, LDEO at only during daylight; they will not be times will use 2 GI-guns with total operated or started up during nighttime. Mitigation During Operations volume 210 in3, and at other times will Airgun operations will be suspended The following mitigation measures, as use a 20–gun array with 6–20 active when marine mammals are observed well as marine mammal monitoring, guns and total volume 1350–8600 in3. within, or about to enter, designated will be adopted during the GOM
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acoustic verification program, provided required after a ‘‘no shooting’’ period maneuvered to avoid having the that doing so will not compromise lasting 3 minutes or longer. At towing mammal come within the safety radius. operational safety requirements: speeds not exceeding 3 knots, the source When mammals are detected within or vessel would travel no more than 277 m about to enter the designated safety Course alteration (909 ft) in 3 minutes. These guidelines radii, the airguns will be shut down If a marine mammal is detected would require modification if the immediately. The observer(s) will outside the safety radius and, based on normal shot interval were more than 2 continue to maintain watch to its position and the relative motion, is or 3 min, respectively, but that is not determine when the animal is outside likely to enter the safety radius, expected to occur during the GOM the safety radius. Airgun operations will alternative ship tracks will be plotted project. not resume until the animal is outside against anticipated mammal locations. If Ramp-up will begin with the smallest the safety radius. practical, the vessel’s course and/or gun in the array that is being used (80 The vessel-based monitoring will speed will be changed in a manner that in3). Guns will be added in a sequence provide data required to estimate the avoids approaching within the safety such that the source level of the array numbers of marine mammals exposed to radius while also minimizing the effect will increase in steps not exceeding 6 various received sound levels, to to the planned science objectives. The dB per 5–minute period over a total document any apparent disturbance marine mammal activities and duration of approximately 18–20 min reactions, and thus to estimate the movements relative to the seismic vessel (10–12 gun arrays). numbers of mammals potentially taken will be closely monitored to ensure that by harassment. It will also provide the the marine mammal does not approach Avoidance of Cetacean Concentrations information needed in order to shut within the safety radius. If the mammal The Ewing will be involved in down the airguns at times when appears likely to enter the safey radius, separately-permitted studies of sperm mammals are present in or near the further mitigative actions will be taken whales during the late May and June safety zone. When a mammal sighting is (i.e., either further course alterations or period when the proposed acoustical made, the following information about shutdown of the airguns). measurements will be obtained. Thus the sighting will be recorded: (1) Shutdown procedures the scientists in charge of this program Species, group size, age/size/sex will have first-hand knowledge of the categories (if determinable), behavior Vessel-based observers using visual locations of concentrations of sperm when first sighted and after initial aids and acoutical arrays will monitor whales and other cetaceans. The sighting, heading (if consistent), bearing marine mammals near the seismic proposed acoustical measurements and distance from seismic vessel, vessel for 30 minutes prior to start up therefore will be able to avoid operating sighting cue, apparent reaction to and during all airgun operations. No near known concentrations of marine seismic vessel (e.g., none, avoidance, airguns will be operated during periods mammals. approach, paralleling, etc.), and of darkness. Airgun operations will be behavioral pace; (2) Time, location, suspended immediately when marine Monitoring and Reporting heading, speed, activity of the vessel mammals are observed or otherwise Vessel-based Visual Monitoring (shooting or not), sea state, visibility, detected within, or about to enter, cloud cover, and sun glare (The data designated safety zones where there is a As mentioned under Mitigation, two listed under (2) will also be recorded at possibility of physical effects, including observers dedicated to marine mammal the start and end of each observation effects on hearing (based on the 180 dB observations will be stationed aboard watch and during a watch, whenever criterion specified by NMFS). The LDEO’s seismic survey vessel during the there is a change in one or more of the shutdown procedure should be acoustical measurement program in the variables.) All mammal observations accomplished within several seconds GOM. It is proposed that two marine and airgun shutdowns will be recorded (or a ‘‘one shot’’ period) of the mammal observers aboard the seismic in a standardized format. determination that a marine mammal is vessel will search for and observe At least two experienced marine within or about to enter the safety zone. marine mammals whenever airgun mammal observers (with at least one Airgun operations will not resume until operations are in progress. Airgun previous year of marine mammal the marine mammal is outside the safety operations will be restricted to periods observation experience) will be on duty radius. Once the safety zone is clear of with good visibility during daylight aboard the seismic vessel. marine mammals, the observers will hours. Two observers will be on duty for Prior to the start of the project, the advise that seismic surveys can re- at least 30 minutes prior to the start of primary observers will participate in a commence. The ‘‘ramp-up’’ procedure airgun operations and during ramp-up 1–day meeting and training or refresher will then be followed. procedures. The observers will watch course on the specific marine mammal for marine mammals from the highest monitoring procedures required for this Ramp-up procedure practical vantage point on the vessel, project. A ‘‘ramp-up’’ procedure will be which is the bridge. The observer(s) will Two observers will be on duty in followed when the airgun arrays begin systematically scan the area around the shifts of duration no longer than 4 operating after a specified-duration vessel with 7X50 Fujinon reticle hours. Use of two simultaneous period without airgun operations. Under binoculars or with the naked eye. observers will increase the proportion of normal operational conditions (vessel ‘‘Bigeye’’ (25 X 150) binoculars will be the marine mammals present near the speed 4–5 knots), a ramp-up would be available during this cruise to assist source vessel that are detected. Bridge required after a ‘‘no shooting’’ period with species identification of marine personnel additional to the dedicated lasting 2 minutes or longer. At 4 knots, mammals that are sighted. Laser marine mammal observers will also the source vessel would travel 247 m rangefinding binoculars (Bushnell assist in detecting marine mammals and (810 ft) during a 2–minute period. If the Lytespeed 800 laser rangefinder with 4X implementing mitigation requirements, towing speed is reduced to 3 knots or optics or equivalent) will be available to and before the start of the seismic less, as sometimes required when assist with distance estimation. If a survey will be given instruction in how maneuvering in shallow water, it is marine mammal is detected well outside to do so. The results from the vessel- proposed that a ramp-up would be the safety radius, the vessel may be based observations will provide (1) the
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basis for real-time mitigation (airgun measurements to verify the safety radii. Proposed Authorization shutdown); (2) information needed to (Data from the LDEO spar buoy are NMFS proposes to issue an IHA to estimate the number of marine expected to be available quickly, but it LDEO for conducting a calibration study mammals potentially taken by is uncertain how quickly the EARS data of the seismic airgun arrays onboard the harassment, which must be reported to will be available given the nature of the Ewing in the northern GOM provided NMFS; (3) data on the occurrence, EARS buoys.) The report will be the previously mentioned mitigation, distribution, and activities of marine submitted to NMFS, providing full monitoring, and reporting requirements mammals in the area where the seismic documentation of methods, results, and are incorporated. NMFS has study is conducted; (4) information to interpretation pertaining to all preliminarily determined that the compare the distance and distribution of monitoring tasks with the possible proposed activity would result in the marine mammals relative to the source exception of the backup EARS data. The harassment of only small numbers of vessel at times with and without seismic 90–day report will summarize the dates marine mammals; would have no more activity; and (5) data on the behavior and locations of seismic operations, than a negligible impact on the affected and movement patterns of marine sound measurement data, marine marine mammal stocks; and would not mammals seen at times with and mammal sightings (dates, times, have an unmitigable adverse impact on without seismic activity. locations, activities, associated seismic the availability of stocks for subsistence Vessel-based Passive Acoustic survey activities), and estimates of the uses. Monitoring amount and nature of potential take of marine mammals by harassment or in Information Solicited A towed hydrophone array will be other ways. deployed during the airgun NMFS requests interested persons to measurements in the GOM. The Endangered Species Act (ESA) submit comments and information concerning this request (see ADDRESSES). acoustical array will be monitored Under section 7 of the ESA, NMFS during airgun operations to detect, has begun consultation on the proposed Dated: April 7, 2003. locate and identify marine mammals issuance of an IHA under section Laurie K. Allen, near the Ewing, insofar as this is 101(a)(5)(D) of the MMPA for this Acting Director, Office of Protected Resources, possible via passive acoustic methods. activity. Consultation will be concluded National Marine Fisheries Service. The acoustical array will provide prior to the issuance of an IHA. [FR Doc. 03–8935 Filed 4–10–03; 8:45 am] additional ability to detect, locate and BILLING CODE 3510–22–S identify marine mammals over and National Environmental Policy Act above that provided by visual (NEPA) observations. The acoustical data will be The NSF has prepared an EA for the DEPARTMENT OF COMMERCE integrated, in real time, with the visual GOM calibration study. NMFS is observations to ensure that marine National Oceanic and Atmospheric reviewing this EA and will either adopt mammals do not enter the 180–dB Administration it or prepare its own NEPA document safety radius. before making a determination on the [I.D. 040403A] Acoustical Measurements of Airgun issuance of an IHA. A copy of the NSF Sounds EA for this activity is available upon Advisory Committee to the U.S. request (see ADDRESSES). Section to the International The acoustic measurement program is Commission for the Conservation of designed to document the received Preliminary Conclusions Atlantic Tunas (ICCAT); Spring levels of the airgun sounds, relative to Species Working Group Workshop distance, during operation of each NMFS has preliminarily determined standard configuration of airgun array that the short-term impact of conducting AGENCY: National Marine Fisheries deployed from the Ewing. In particular, a short-term calibration study of the Service (NMFS), National Oceanic and these data will be used to verify or seismic airgun array onboard the Ewing Atmospheric Administration (NOAA), refine present estimates of the safety in the northern GOM in 2003, will Commerce. result, at worst, in a temporary radii. Those radii are used to determine ACTION: Notice of public meeting. when the airguns need to be shut down modification in behavior by certain to prevent exposure of cetaceans to species of marine mammals. While SUMMARY: The Advisory Committee to received levels ≥180 dB. Sound behavioral modifications may be made the U.S. Section to ICCAT announces its measurements will be made and by these species as a result of seismic spring meeting with its Species Working reported as discussed previously in this survey activities, this behavioral change Group Technical Advisors, April 30– document. LDEO will use the standard is expected to result in no more than a May 1, 2003. negligible impact on the affected methods that have been used and DATES: The open sessions of the species. reported during other recent studies of Committee meeting will be held on seismic and marine mammals (Greene et While the number of potential April 30, 2003, from 9:30 a.m. to 12:30 al., 1997; McCauley et al., 1998, incidental harassment takes will depend p.m., and on May 1, 2003, from 10:30 2000a,b). on the distribution and abundance of a.m. to 1:30 p.m. Closed sessions will be marine mammals in the vicinity of the Reporting held on April 30, 2003, from 1:45 p.m. survey activity, the number of potential to approximately 6 p.m., and on May 1, A report will be submitted to NMFS harassment takings is estimated to be 2003, from 8:30 a.m. to 10:30 a.m. within 90 days after the end of the small. In addition, no take by injury acoustic measurement program in the and/or death is anticipated, and the ADDRESSES: The meeting will be held at GOM. The report will describe the potential for temporary or permanent the Hilton Hotel Silver Spring, 8727 operations that were conducted, the hearing impairment is low and will be Colesville Road, Silver Spring, MD marine mammals that were detected avoided through the incorporation of 20910. near the operations, and at least some of the mitigation measures mentioned in FOR FURTHER INFORMATION CONTACT: Kim the results of the acoustical this document. Blankenbeker at (301) 713–2276.
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SUPPLEMENTARY INFORMATION: The ACTION: Notice of intent. June 12, 2003. Additional information Advisory Committee to the U.S. Section regarding the development of the BMDS to ICCAT will meet in two open SUMMARY: The Missile Defense Agency PEIS is available on the public sessions to receive and discuss (MDA) is publishing this notice to participation Web site http:// information on (1) the 2002 ICCAT announce its intent to prepare a www.acq.osd.mil/bmdo. Programmatic Environmental Impact meeting results and U.S. ADDRESSES: Written comments, Statement (PEIS) in accordance with the implementation of ICCAT decisions; (2) statements, and/or questions regarding National Environmental Policy Act of 2003 ICCAT and NMFS research and scoping issues should be addressed to: 1969 and the Council on Environmental monitoring activities; (3) 2003 MDA BMDS PEIS, c/o ICF Consulting, Quality implementing regulations. This Commission activities; (4) results of the 9300 Lee Highway, Fairfax, VA 22031, PEIS will assess environmental issues Committee’s Species Working Group Phone (Toll Free) 1–877–MDA–PEIS (1– associated with the proposed action, deliberations; and (5) Advisory 877–632–7347), Fax (Toll Free) 1–877– foreseeable future actions, and their Committee operational issues. The 851–5451, E-mail reasonable alternatives, including the no public will have access to the open [email protected], Web site action alternative, and as appropriate, sessions of the meeting, but there will http://www.acq.osd.mil/bmdo. cumulative effects. This PEIS will be no opportunity for public comment. support decisions to meet the Dated: April 7, 2003. The Advisory Committee will go into fundamental objectives of the MDA’s L.M. Bynum, executive session during the afternoon mission to test, develop, transfer to Alternate OSD Federal Register Liaison of April 30, 2003, to discuss sensitive deployment, and to plan for Officer, Department of Defense. information relating to (1) post ICCAT decommissioning activities for a [FR Doc. 03–8897 Filed 4–10–03; 8:45 am] 2002 discussions and negotiations, Ballistic Missile Defense System to BILLING CODE 5001–08–M including upcoming ICCAT working defend the forces and territories of the group meetings on trade and on United States (U.S.), its Allies, and monitoring and compliance; (2) the friends against all classes of ballistic DEPARTMENT OF DEFENSE Atlantic Tunas Convention Act required missile threats, in all phases of flight. consultation on the identification of Scoping: Public scoping meetings will Department of the Air Force countries that are diminishing the be conducted as a part of the PEIS Proposed Collection; Comment effectiveness of ICCAT; and (3) other process to ensure opportunity for all Request matters relating to the international interested government and private management of ICCAT species. In organizations, and the general public to AGENCY: Department of Defense Medical addition, the Committee will meet in its identify their issues of concern they Examination Review Board, Department Species Working Groups for a portion of believe should be addressed in the of Defense. the afternoon of April 30 and part of the content of the PEIS. Schedule and ACTION: Notice. morning of May 1, 2003. These sessions location for the public scoping meetings are not open to the public, but the are: In compliance with section results of the deliberations of the • April 30, 2003, 6 p.m., Doubletree 3506(c)(2)(A) of the Paperwork Species Working Groups will be Hotel, 300 Army Navy Dr., Arlington, Reduction Act of 1995, the Department reported to the full Advisory Committee VA. of Defense Medical Examination Review during the Committee’s afternoon open • May 06, 2003, 6 p.m., Sheraton Grand Board announces the proposed public session on May 1. Hotel, 1230 J. St., Sacramento, CA. information collection and seeks public • Special Accommodations May 08, 2003, 6 p.m., Sheraton Hotel, comment on the provisions thereof. 401 E. 6th Ave., Anchorage, AK. Comments are invited on: (a) Whether The meeting location is physically • May 13, 2003, 6 p.m., Doubletree the proposed collection of information accessible to people with disabilities. Hotel, 1956 Ala Moana Blvd., is necessary for the proper performance Requests for sign language Honolulu, HI of the functions of the agency, including interpretation or other auxiliary aids For those that cannot attend the whether the information shall have should be directed to Kim Blankenbeker public scoping meetings, written practical utility; (b) the accuracy of the at (301) 713–2276 at least 5 days prior comments via the U.S. mail, or e-mail agency’s estimate of the burden of the to the meeting date. are encouraged. Comments should proposed information collection; (c) Dated: April 8, 2003. clearly identify and describe the specific ways to enhance the quality, utility, and Richard W. Surdi, issue(s) or topics that the PEIS should clarity of the information to be collected; and (d) ways to minimize the Acting Deputy Director, Office of Sustainable address. Comments are welcomed Fisheries, National Marine Fisheries Service. anytime throughout the PEIS process. burden of the information collection on respondents, including through the use [FR Doc. 03–8934 Filed 4–10–03; 8:45 am] Formal opportunities for comment and of automated collection techniques or BILLING CODE 3510–22–S participation include: (1) Public scoping meetings; (2) anytime during the process other forms of information technology. via mail, telephone, fax, or e-mail; (3) DATES: Considerations will be given to during review, public hearings, and all comments received by June 10, 2003. DEPARTMENT OF THE DEFENSE comment on the Draft PEIS; and, (4) ADDRESSES: Written comments and review of the Final PEIS. Interested recommendations on the proposed Office of the Secretary parties may also request to be included information collection should be sent to Department of Defense Medical Notice of Intent To Prepare a on the mailing list for public Examination Review Board (DoDMERB), Programmatic Environmental Impact distribution of the PEIS. 8034 Edgerton Drive, Suite 132, USAF Statement for the Ballistic Missile To ensure sufficient time to consider Academy, CO 80840–2200, Attention: Defense System issues identified during the public scoping meeting period, comments CMSgt Jaime P. Bouchard. AGENCY: Missile Defense Agency, should be submitted to one of the FOR FURTHER INFORMATION CONTACT: To Department of Defense. addresses listed below no later than request more information on this
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proposed information collection or to standards established for each provide: (a) the general public an obtain a copy of the proposal and respective military service program. instrument to interface with the United associated collection instruments, States Air Force Museum System Pamela Fitzgerald, please write to the above address, or call Volunteer Program; (b) the United States DoDMERB at (719) 333–7896. Air Force Federal Register Liaison Officer. Air Force Museum System the means [FR Doc. 03–8872 Filed 4–10–03; 8:45 am] Title, Associated Form, and OMB with which to select respondents Number: DoDMERB Report of Medical BILLING CODE 5001–05–P pursuant to the United States Air Force Examination, DD Forms 2351, 2369, Museum System Volunteer Program. The primary uses of the information 2370, 2372, 2374, 2378, 2379, 2380, DEPARTMENT OF DEFENSE 2381, 2382, 2480, 2489, 2492, and 2632. collection include the evaluation and placement of respondents within the Needs and Uses: The information Department of the Air Force United States Air Force Museum System collection requirement is necessary to Volunteer Program. determine the medical qualification of Proposed Collection; Comment Request Affected Public: General population applicants to the five Service academies, civilian, active and retired military the four-year Reserve Officer Training AGENCY: United States Air Force (USAF) individuals. Corps College Scholarship Program, Museum System; Department of Annual Burden Hours: 68. Uniformed Services University of the Defense. Number of Respondents: 271 per Health Sciences, and the Army, Navy, ACTION: Notice. annum. and Air Force Scholarship and Non- Responses per Respondent: 1. Scholarship Programs. The collection of In compliance with section Average Burden per Response: 15 medical history of each applicant is to 3506(c)(2)(A) of the Paperwork minutes. determine if applicants meet medical Reduction Act of 1995, the United Frequency: One time only. standards outlined in Department of States Air Force Museum System SUPPLEMENTARY INFORMATION: Defense Directive 6130.3, Physical announces the proposed public Summary of Information Collection Standards for Appointment, Enlistment information collection and seeks public and Induction, dated 2 May 1994. comment on the provisions thereof. Respondents are individuals Affected Public: Individuals applying Comments are invited on: (a) Whether expressing an interest in participating in for entrance into one of the programs the proposed collection of information the United States Air Force Museum described above. is necessary for the proper performance System Volunteer Program authorized by 10 U.S.C. 81, section 1588 and Annual Burden Hours: 45,000. of the functions of the agency, including regulated by Air Force Instruction 84– Number of Respondents: 45,000. whether the information shall have practical utility; (b) the accuracy of the 103. Air Force Instruction 84–103, Responses per Respondent: 1. agency’s estimate of the burden of the paragraph 3.5.3 requires the use of Air Average Burden per Response: 60 proposed information collection; (c) Force Form 3569. Air Force Form 3569 minutes. ways to enhance the quality, utility and provides the most expedient means to Frequency: On occasion. clarity of the information to be secure basic personal information (i.e., name, telephone number, address and SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the burden of the information collection on experience pursuant to the United Summary of Information Collection respondents, including through the use States Air Force Museum System Volunteer Program requirements) and is Respondents are individuals who are of automated collection techniques or other forms of information technology. used solely by the United States Air interested in applying to attend one of Force Museum System Volunteer DATES: Considerations will be given to the five Service academies, the four-year Program to recruit, evaluate and make all comments received by June 10, 2003. Reserve Officer Training Corps work assignment decisions. Air Force Scholarship Program, Uniformed ADDRESSES: Written comments and Form 3569 is the only instrument that Services University of the Health recommendations on the proposed exists which facilitates this purpose. Sciences, or Army, Navy, and Air Force information collection should be sent to The United States Air Force Museum Scholarship and Non-Scholarship the United States Air Force Museum, Volunteer Program is an integral Programs. 1100 Spaatz Street, Wright-Patterson function in the operation of the United The completed forms are processed AFB, OH 45433–7192, Attn: Ms. Bonnie States Air Force Museum System. through medical reviewers representing Holtmann, Volunteer Services Volunteers provide valuable time, their respective services to determine a Administrator. incalculable talent, skill and knowledge medical qualification status. Associated FOR FURTHER INFORMATION CONTACT: To of United States Air Force aviation forms may or may not be required request more information on this history so that all visitors to the many depending on the medical information proposed information collection or to United States Air Force Museum System contained in the medical examination. If obtain a copy of the proposal and facilities throughout the United States the medical examination and associated associated collection instruments, may enjoy the important contribution of forms, if necessary, are not please write to the above address, or call United States Air Force historical accomplished, individuals reviewing the Volunteer Services Office at (937) heritage. the medical examination cannot be 255–8099, extension 313. The completed forms are processed readily assured of the medical Title, Associated Form, and OMB through medical reviewers representing qualifications of the individual. Without Number: United States Air Force their respective services to determine a this process the individual applying to Museum System Volunteer Application/ medical qualification status. Associated any of these programs could not have a Registration, Air Force Form (AF) 3569, forms may or may not be required medical qualification determination. It September 1997, OMB Number 0701– depending on the medical information is essential that individuals have a 0127. contained in the medical examination. If medical qualification determination to Needs and Uses: The information the medical examination and associated ensure compliance with the physical collection requirement is necessary to forms, if necessary, are not
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accomplished, individuals reviewing issues, as well as the management Haven, IN (557 metric tons); Oak Ridge, the medical examination cannot be alternatives considered in the Draft EIS. TN (699 metric tons); Hillsborough, NJ readily assured of the medical DATES: Public meetings are scheduled to (2,617 metric tons); and Warren, OH qualifications of the individual. Without be held as follows: May 20, 2003 in New (564 metric tons). this process the individual applying to Haven, IN; May 22 in Niles, OH; June As custodian of the mercury, DNSC any of these programs could not have a 10 in Hawthorne, NV; June 12 in Tooele, must decide on a strategy for long-term medical qualification determination. It UT; June 17 in Hillsborough, NJ; June 24 management of this material. In is essential that individual’s have a in Washington, DC; and July 1 in Oak compliance with NEPA and DLA medical qualification determination to Ridge, TN. The times and locations of Regulation 1000.22, ‘‘Environmental ensure compliance with the physical the meetings are provided in the Considerations in DLA Actions in the standards established for each SUPPLEMENTARY INFORMATION section of United States,’’ DNSC has prepared the respective military service program. this announcement. The comment Draft EIS to evaluate the environmental period ends on July 18, 2003. Comments impacts of a range of reasonable Pamela Fitzgerald, on the Draft EIS must be postmarked, e- alternatives for long-term management Air Force Federal Register Liaison Officer. mailed, or otherwise submitted no later (i.e., 40 years) of the excess mercury. [FR Doc. 03–8873 Filed 4–10–03; 8:45 am] than this date. The alternatives are: (1) No action, i.e., BILLING CODE 5001–05–P ADDRESSES: Paper copies and computer maintaining storage at the four existing disks (CD) of the Draft EIS (about 450 sites; (2) consolidation and storage at one of the three current DNSC mercury DEPARTMENT OF DEFENSE pages) and Executive Summary are available by writing to: Attention: storage sites or at one of three other candidate locations; and (3) sale of the Defense Logistics Agency Project Manager, Mercury Management EIS; DNSC–E; Defense National mercury inventory. The agency’s Notice of Availability of a Draft Stockpile Center, 8725 John J. Kingman preferred alternative is (2) consolidated Environmental Impact Statement; Road, Suite 3229, Fort Belvoir, VA storage. The Draft EIS evaluates a range Mercury Management 22060–6223, or calling toll free at 1– of locations that would be acceptable 888–306–6682. Electronic versions of consolidation sites. If a site other than AGENCY: Defense National Stockpile the Executive Summary and the Draft those evaluated is selected, further Center, DLA, DoD. EIS are found on the internet at environmental analysis would be ACTION: Notice of availability of a Draft www.mercuryeis.com. Copies of the required. Mercury Management Environmental Draft EIS may also be reviewed at The Draft EIS also describes the Impact Statement. locations listed in the SUPPLEMENTARY potential environmental, human health, INFORMATION and socioeconomic impacts of these SUMMARY: The Defense Logistics Agency section. Written comments on the Draft EIS should be sent to the alternatives, together with cost (DLA) announces the availability of its considerations. Several treatment Draft Mercury Management above address, faxed to 1–888–306– 8818, or posted to the Mercury technologies were considered as Environmental Impact Statement (Draft possible alternatives for mercury Management EIS website at EIS). This announcement is pursuant to management. Based on the immaturity www.mercuryeis.com. Comments may the Council on Environmental Quality’s of bulk mercury treatment technologies be dictated by calling toll free at 1–888– regulations (40 CFR parts 1500–1508) and the lack of a U.S. Environmental 306–6682. and the Defense Logistic Agency’s Protection Agency (EPA) approved path (DLA) regulations (DLAR 1000.22) that FOR FURTHER INFORMATION: Requests for forward, bulk treatment and disposal of implement the National Environmental information can be made by: Leaving a elemental mercury is not considered Policy Act (NEPA). voice message at 1–888–306–6682; viable at this time and is not evaluated The Defense National Stockpile faxing a message to 1–888–306–8818; e- in detail in the Draft EIS. Center (DNSC) inventory of elemental mailing a request to The Department of Energy (DOE) and mercury (approximately 4,436 metric [email protected]; or Environmental Protection Agency (EPA) tons) is currently stored in enclosed accessing the Mercury Management EIS are cooperating agencies in the warehouses at four sites in the United website at www.mercuryeis.com. preparation of this Draft EIS. DOE is States: Near New Haven, IN; in Oak SUPPLEMENTARY INFORMATION: The recognized because of their special Ridge, TN; in Hillsborough, NJ; and near Defense National Stockpile Center expertise and because some of the DNSC Warren, OH. Because the mercury has (DNSC) is responsible for the excess mercury is stored at their Y–12 been declared in excess of national disposition of stockpiled materials National Security Complex in Oak defense needs, DNSC must decide on a declared in excess of national defense Ridge, Tennessee. EPA is recognized strategy for the long-term management needs. The United States Congress has because of their special expertise in the of this excess commodity. The Draft EIS determined that the U.S. Department of areas of mercury fate and effects in the analyzes three alternatives for managing Defense no longer needs to maintain a environment, mercury stabilization and the National Defense Stockpile stockpile of mercury because of the disposal technologies, and the inventory of excess mercury: (1) No- increased use of mercury substitutes regulation of hazardous material. action, i.e., leave the mercury at the and because of increases in the nation’s This Draft EIS is being distributed for existing storage locations, (2) secondary mercury production through public review and copies are also consolidated storage of the mercury recovery and recycling. The DNSC available at the following locations: stockpile at one site, and (3) sale of the excess mercury was offered for sale in Allen County Public Library, 435 Ann stockpile. DNSC’s preferred alternative open competitions until 1994 when Street, New Haven, Indiana 46774. is (2) consolidated storage. The Draft EIS concerns over mercury accumulation in Bridgewater Branch Library, N. Bridge evaluates a range of locations that the global environment prompted DNSC Street and Vogt Drive, Bridgewater, would be acceptable consolidation sites. to suspend sales. The DNSC inventory New Jersey 08807. Public comments are invited and of mercury (approximately 4,436 metric Fairfax County Public Library, 12000 encouraged concerning the analysis of tons) is stored in enclosed warehouses Government Center Parkway, Suite environmental and socioeconomic at four sites in the United States: New 324, Fairfax, VA 22035.
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Ford Memorial Library, 7169 North Jersey. language interpreter will be provided at Main Street, Ovid, New York 14521. June 24, 2003, 1 to 4 p.m. all meetings. Persons who have other Hillsborough Public Library, 379 South Hall of States, 444 North Capitol special requirements should contact the Branch Road, Hillsborough, New Street, NW., Washington, DC. Project Manager in advance so that Jersey 08844. July 1, 2003, 6 to 9 p.m. arrangements may be made to Martin Luther King Jr. Library, 901 G Garden Plaza Hotel, 215 S. Illinois accommodate their needs. Street NW., Washington, DC 20001. Avenue, Oak Ridge, Tennessee. Input from the public meetings along Mineral County Public Library, P.O. Box The registration desk and exhibit area with comments received by other means 1390, Hawthorne, Nevada 89415. at the meeting will open at 6 p.m. (1 (i.e., mail, phone, fax, email, and Oak Ridge Public Library, 1401 Oak p.m. for the Washington, DC meeting). website) will be used by DNSC in Ridge Turnpike, Oak Ridge, TN DNSC staff will be available to explain preparing the Final Mercury 37830. exhibits, provide information materials, Management EIS. Written and spoken Raritan Valley Community College, and answer questions. At 7 p.m. (2 p.m. comments will be given equal weight. Evelyn S. Field Library, North Branch, for the Washington, DC meeting), DNSC The Final Mercury Management EIS Route 28 and Lamington Road, will provide a short presentation on the will be distributed to information Somerville, New Jersey 08876. EIS process and the Mercury repositories, mailed out upon request, Seneca Army Depot, 5786 State Route Management EIS. Following the DNSC and can be viewed at 96, Building 123, Romulus, NY 14541. presentation, elected or appointed www.mercuryeis.com. Somerville Public Library, 35 West End officials, organizations, and individuals Issued in Fort Belvoir, VA, on this 7th day Avenue, Somerville, New Jersey will be invited to offer comments. of April 2003. 08876. Comments will be recorded for the Cornel A. Holder, Tooele City Public Library, 128 West record. Speakers will be allotted five Administrator, Defense National Stockpile Vine Street, Tooele, Utah 84074. minutes each. The meetings will be Center. Warren-Trumbull County Public managed by a facilitator who will help [FR Doc. 03–8507 Filed 4–10–03; 8:45 am] Library, 444 Mahoning Avenue, NW., keep the focus on obtaining public input BILLING CODE 3620–01–U Warren, Ohio 44483. on the content of the Draft EIS. At 8:30 Waterloo Library and Historical Society, p.m. (3:30 p.m. for the Washington, DC 31 East Williams Street, Waterloo, meeting), the public comment portion of DEPARTMENT OF EDUCATION New York 13165. the meeting will conclude and the West End Branch Library, 1101 24th and exhibit area will reopen. DNSC staff will Meeting of the Presidents Board of L Street, NW., Washington, DC 20037. be available to explain exhibits, provide Advisors on Tribal Colleges and DNSC invites Federal agencies, state, information materials, and answer Universities local and tribal governments, and the questions. The meeting will end at 9 AGENCY: President’s Board of Advisors general public to comment on the p.m. (4 p,m. for the Washington, DC on Tribal Colleges and Universities, U.S. environmental and socioeconomic meeting). Department of Education issues and the management alternatives Requests to speak at the meetings may ACTION: Notice of meeting. addressed in the Draft EIS. The public be made by writing to the Mercury comment period began with the Management EIS project manager (see SUMMARY: This notice sets forth the publication of the EPA Notice of ADDRESSES, above), by calling the toll schedule and proposed agenda of an Availability in the Federal Register on free phone number (888–306–6682) by 4 upcoming meeting of the President’s April 11, 2003, and will continue until p.m. EST the day before the meeting, or Board of Advisors on Tribal Colleges July 18, 2003. DNSC will consider all in person at the meeting. If you phone and Universities (the Board) and is comments received or postmarked by in to pre-register, please leave your intended to notify the general public of the end of the comment period when name, the organization you represent, their opportunity to attend. This notice preparing the Final Mercury and the location of the meeting you plan also describes the functions of the Management EIS. Comments received to attend. Speakers will be heard on a Board. Notice of the Board’s meetings is after that date will be considered to the first-come, first-served basis as time required under section 10(a)(2) of the extent practicable. As part of the public permits. Speakers do not have to pre- Federal Advisory Committee Act and by review process, DNSC has scheduled register, but pre-registered speakers will the Board’s charter. public meetings at the following be ensured an opportunity to speak. Agenda: The purpose of the meeting locations: Comments will be transcribed by a court will be to formalize committee May 20, 2003, 6 to 9 p.m. reporter and will become a part of the assignments, discuss the draft strategic Park Hill Learning Center, 1000 meeting record. Speakers are plan, and to continue discussions on the Prospect Avenue, New Haven, encouraged to provide written versions Federal agencies’ Three-Year Plans. Indiana. of their spoken comments. The Date and Time: April 30, 2003—9 May 22, 2003, 6 to 9 p.m. facilitator and DNSC staff may ask a.m. to 4 p.m. and May 1, 2003—9 a.m. McMenamy’s Multipurpose Complex, questions to clarify the speaker’s to 2 p.m. 325 Youngstown-Warren Road, comments. Location: Wyndham Washington Niles, Ohio. Written comments will be accepted at Hotel, 1400 M Street, NW., Washington, June 10, 2003, 6 to 9 p.m. the meetings and comment forms will DC 20005. Hawthorne Convention Center, 932 E be provided for this purpose. For those FOR FURTHER INFORMATION CONTACT: Street, Hawthorne, Nevada. who prefer to dictate comments before Betty Thompson, Interim Executive June 12, 2003, 6 to 9 p.m. or after the formal comment portion of Director, President’s Board of Advisors Tooele High School, 240 West 1st the meeting, a court reporter will be on Tribal Colleges and Universities, U.S. South, Tooele, Utah. available in the exhibit area until the Department of Education, Suite 408, 555 June 17, 2003, 6 to 9 p.m. meeting closes. New Jersey Avenue, NW., Washington, Hillsborough High School, 466 Raider All meeting facilities are handicapped DC 20208. Telephone: (202) 219–0704. Boulevard, Hillsborough, New accessible. A hearing impaired sign Fax: (202) 208–2174.
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SUPPLEMENTARY INFORMATION: The Board ACTION: Notice of computer matching disclose records for this matching is established by Executive Order 13270, between the U.S. Department of program: dated July 3, 2002, to provide advice Education and the U.S. Postal Service. 1. USPS’ ‘‘Finance Records—Payroll regarding the progress made by Federal System, USPS 050–020,’’ containing agencies toward fulfilling the purposes SUMMARY: Pursuant to the Computer records for approximately 800,000 and objectives of the order. The Board Matching and Privacy Protection Act of employees. (Disclosure will be made also provides recommendations to the 1988 and the Office of Management and pursuant to routine use No. 24 of USPS President, through the Secretary of Budget (OMB) Guidelines on the 050–020, which last appeared in the Education, on ways the Federal Conduct of Matching Programs, a notice Federal Register at 57 FR 57515 on government can help tribal colleges: (1) is hereby given of the computer December 4, 1992.) Use long-term development, matching program between the U.S. 2. ED’s ‘‘Title IV Program Files’’ (18– endowment building and planning to Department of Education (ED) and the 11–05), containing debt records for strengthen institutional viability; (2) U.S. Postal Service (USPS). The approximately 4,600,000 borrowers. (A improve financial management and following notice represents the approval notice of this system was last published security, obtain private sector funding of a new computer matching agreement in the Federal Register at 64 FR 30163 support, and expand and complement by the ED and USPS Data Integrity on June 4, 1999.) Federal education initiatives; (3) Boards to implement the matching E. Beginning and Ending Dates of the develop institutional capacity through program on the effective date as Matching Program the use of new and emerging indicated in paragraph E of this notice. technologies offered by both the Federal In accordance with the Privacy Act of The matching program will become and private sectors; (4) enhance 1974, as amended by the Computer effective 40 days after a copy of the physical infrastructure to facilitate more Matching and Privacy Protection Act of agreement, as approved by the Data efficient operation and effective 1988, the Office of Management and Integrity Board of each agency, is sent recruitment and retention of students Budget (OMB) Final Guidelines on the to Congress and the Office of and faculty; and (5) help implement the Conduct of Matching Programs (see 54 Management and Budget, or 30 days No Child Left Behind Act of 2001 and FR 25818, June 19, 1989), and OMB after publication of this notice in the meet other high standards of Circular A–130, the following Federal Register, whichever date is educational achievement. information is provided: later. The matching program will continue for 18 months after the The general public is welcome to A. Participating Agencies effective date. The agreement may be attend the April 30–May 1, 2003, extended for one additional year beyond meeting. However, space is limited and The USPS is the recipient agency and will perform the computer match with that period, if within 90 days prior to is available on a first-come, first-serve the actual expiration date of the basis. Individuals who need debtor records provided by ED, the source agency in this matching program. matching agreement, the Data Integrity accommodations for a disability in order Boards of both the USPS and ED find to attend the meeting (i.e. interpreting B. Purposes of the Matching Program that the computer matching program services, assistive listening devices, will be conducted without change and This matching program will compare materials in alternative format) should each party certifies that the matching USPS payroll and ED delinquent debtor notify Betty Thompson at (202) 219– program has been conducted in files for the purposes of identifying 0704 no later than April 15, 2003. We compliance with the matching postal employees who may owe will attempt to meet requests after this agreement. date, but cannot guarantee availability delinquent debts to the Federal of the requested accommodation. The Government under programs F. Address for Receipt of Comments meeting site is accessible to individuals administered by ED. The pay of an and Inquiries with disabilities. employee identified and verified as a If you wish to comment on this delinquent debtor may be offset under A summary of the activities of the matching program or obtain additional the provisions of the Debt Collection meeting and other related materials that information about the program Act of 1982 (Pub. L. 97–365) when are informative to the public will be including a copy of the computer voluntary payment is not made. available to the public within 14 days matching agreement between ED and after the meeting. Records are kept of all C. Legal Authorities Authorizing USPS, contact John R. Adams, U.S. Board proceedings and are available for Operation of the Match Department of Education, 830 First public inspection at the White House Street NE Room 41B3, Washington, DC This matching program will be Initiative on Tribal Colleges and 20202–5320. Telephone: (202) 377– undertaken under the authority of the Universities, United States Department 3211. If you use a telecommunications Debt Collection Act of 1982 (Pub. L. 97– of Education, Suite 408, 555 New Jersey device for the deaf (TDD), you may call 365) as amended, which authorizes Avenue, NW., Washington, DC 20208. the Federal Information Relay Service federal agencies to offset a federal (FIRS) at 1–800–877–8339. Rod Paige, employee’s salary as a means of Individuals with disabilities may Secretary, U.S. Department of Education. satisfying delinquent debts owed to the obtain this document in an alternative [FR Doc. 03–8895 Filed 4–10–03; 8:45 am] United States. format (e.g., Braille, large print, BILLING CODE 4000–01–M D. Categories of Individuals Involved audiotape, or computer diskette) on and Identification of Records Used request to the contact person listed in the preceding paragraph. DEPARTMENT OF EDUCATION The following systems of records, maintained by the participant agencies Electronic Access to This Document Privacy Act of 1974; Computer under the Privacy Act of 1974 (5 U.S.C. You may view this document, as well Matching Program 552a), as amended by the Computer as all other Department of Education Matching and Privacy Protection Act of documents published in the Federal AGENCY: Department of Education. 1988 (Pub. L. 100–503), will be used to Register, in text or portable document
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format (PDF) on the Internet at the soliciting public comment on the FERRIS link. For user assistance, following site: http:///www.ed.gov/ specific aspects of the information contact [email protected] or legislation/FedRegister. collection described below. toll free at (866) 208–3676 or for TTY, To use PDF you must have Adobe DATES: Consideration will be given to contact (202) 502–8659. Acrobat Reader, which is available free comments submitted on or before June FOR FURTHER INFORMATION CONTACT: at this site. If you have questions about 4, 2003. Michael Miller at (202) 502–8415, by fax using PDF, call the U.S. Government ADDRESSES: Copies of the proposed at (202) 273–0873, and by e-mail at Printing Office (GPO), toll free, at 1– collection of information can be [email protected] or Anumzziatta 888–293–6498; or in the Washington, obtained from and written comments Purchiaroni at (202) 502–6191, by fax DC, area at (202) 512–1530. may be submitted to the Federal Energy (202) 219–2732, Note: The official version of this document Regulatory Commission, Attn: Michael [email protected]. is the document published in the Federal Miller, Office of the Executive Director, Register. Free Internet access to the official ED–30, 888 First Street, NE., SUPPLEMENTARY INFORMATION: The edition of the Federal Register and the Code Washington, DC 20426. Comments on Commission is reinstating its form of Federal Regulations is available on GPO the proposed collection of information ‘‘Land Description’’ (FERC Form Access at: http://www.access.gpo.gov/nara/ No.587), which is used to collect index.html. may be filed either in paper format or electronically. Those parties filing information required by the statutory Authority: (5 U.S.C. 5514(a); 5 U.S.C. electronically do not need to make a provisions of section 24 of the Federal 552a). paper filing. For paper filings, the Power Act (FPA), (16 U.S.C.818). Applicants proposing hydropower Dated: April 7, 2003. original and 14 copies of such comments should be submitted to the projects, or changes to existing projects Theresa S. Shaw, located on lands owned by the United Chief Operating Officer, Federal Student Aid. Office of the Secretary, Federal Energy Regulatory Commission, 888 First States are required to provide a [FR Doc. 03–8929 Filed 4–10–03; 8:45 am] Street, NE., Washington, DC 20426 and description of the U.S. lands affected to BILLING CODE 4000–01–P should refer to Docket No. IC03–587– the Commission and Secretary of 000. Interior. FERC Form No. 587 Documents filed electronically via the consolidates the information required, DEPARTMENT OF ENERGY Internet can be prepared in a variety of and identifies hydropower project formats including WordPerfect, MS boundary maps associated with lands of Federal Energy Regulatory the United States. The Commission Commission Word, Portable Document Format, Rich Text Format of ASCII format. To file the verifies the accuracy of the information [Docket No. IC03–587–000, FERC Form No. document, access the Commission’s supplied and coordinates with the 587] Web site at http://www.ferc.gov and Bureau Land of Management State click on ‘‘Make an E-filing,’’ and then Offices (BLM) so the U.S. lands can be Proposed Information Collection and follow the instructions for each screen. reserved as hydropower sites and Request for Comments First time users will have to establish a withdrawn from other uses. FERC Form user name and password. The No. 587 was formerly approved by the April 4, 2003. Office of Management and Budget AGENCY: Commission will send an automatic Federal Energy Regulatory (OMB), and requires re-authorization. Commission. acknowledgment to the sender’s E-mail Action: The Commission is requesting ACTION: Notice of proposed information address upon receipt of documents. reinstatement and a three-year approval collection and request for comments. User assistance for electronic filings is available at 202–502–8258 or by E-mail of the former collection of information. SUMMARY: In compliance with the to [email protected]. Comments should not In addition, the Commission is revising requirements of section 3506(c)(2)(a) of be submitted to this E-mail address. the format of FERC Form No. 587. the Paperwork Reduction Act of 1995 All comments may be viewed, printed Burden Statement: Public reporting (Pub. L. No. 104–13), the Federal Energy or downloaded remotely via the Internet burden for this collection is estimated Regulatory Commission (Commission) is through FERC’s homepage using the as:
Number of re- Average bur- Number of respondents annually sponses per den hours per Total annual respondent response burden hours
(1) (2) (3) (1)x(2)x(3)
250 ...... 1 1 250
The estimated total cost to (2) developing, acquiring, installing, and reviewing the collection of information; respondents is $14,067.00. (Hours utilizing technology and systems for the and (7) transmitting, or otherwise divided by 2,080 hours per year per purposes of collecting, validating, disclosing the information. employee times $117,041.00 per year verifying, processing, maintaining, The estimate of cost for respondents per average employee = $ 14,067.00.) disclosing and providing information; is based upon salaries for professional The cost per respondent is $56.27. (3) adjusting the existing ways to and clerical support, as well as direct The reporting burden includes the comply with any previously applicable and indirect overhead costs. Direct costs total time, effort, or financial resources instructions and requirements; (4) include all costs directly attributable to expended to generate, maintain, retain, training personnel to respond to a providing this information, such as disclose, or provide the information collection of information; (5) searching administrative costs and the cost for including: (1) Reviewing instructions; data sources; (6) completing and information technology. Indirect or
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overhead costs are costs incurred by an Commission in the Public Reference questions regarding the conference, organization in support of its mission. Room or may be viewed on the please call Mr. Shapiro at 202/502–8894 These costs apply to activities which Commission’s Web site at http:// or e-mail to [email protected]. benefit the whole organization rather www.ferc.gov using the ‘‘FERRIS’’ link. Parties may also communicate with than any one particular function or Enter the docket number excluding the Richard Miles, the Director of the activity. last three digits in the docket number Commission’s Dispute Resolution Comments are invited on: (1) Whether field to access the document. For Service at 1–877–FERC–ADR (337– the proposed collection of information assistance, please contact FERC Online 2237) or 202/502–8702 and his e-mail is necessary for the proper performance Support at address is [email protected]. of the functions of the Commission, [email protected] or toll- Magalie R. Salas, including whether the information will free at (866) 208–3676, or TTY, contact have practical utility; (2) the accuracy of (202) 502–8659. The Commission Secretary. the agency’s estimate of the burden of strongly encourages electronic filings. [FR Doc. 03–8979 Filed 4–10–03; 8:45 am] the proposed collection of information, See 18 CFR 385.2001(a)(1)(iii) and the BILLING CODE 6717–01–P including the validity of the instructions on the Commission’s Web methodology and assumptions used; (3) site under the ‘‘e-Filing’’ link. ways to enhance the quality, utility and Comment Date: April 11, 2003. DEPARTMENT OF ENERGY clarity of the information to be Magalie R. Salas, Federal Energy Regulatory collected; and (4) ways to minimize the Commission burden of the collection of information Secretary. on those who are to respond, including [FR Doc. 03–8985 Filed 4–10–03; 8:45 am] [Docket No. RP96–389–082] the use of appropriate automated, BILLING CODE 6717–01–P electronic, mechanical, or other Columbia Gulf Transmission technological collection techniques or Company; Notice of Negotiated Rate other forms of information technology DEPARTMENT OF ENERGY Filing e.g. permitting electronic submission of Federal Energy Regulatory April 4, 2003. responses. Commission Take notice that on April 1, 2003, Columbia Gulf Transmission Company Magalie R.Salas, [Project No. 11810–000] Secretary. (Columbia Gulf) tendered for filing the [FR Doc. 03–8978 Filed 4–10–03; 8:45 am] Augusta Canal Hydro Power Project; following contract for disclosure of a negotiated rate transaction: BILLING CODE 6717–01–P Notice of Convening Conference PAL Service Agreement No. 75377 April 4, 2003. between Columbia Gulf Transmission DEPARTMENT OF ENERGY Pursuant to rule 601 of the Company and Petrocom Energy Group, Commission’s Rules of Practice and dated March 25, 2003. Federal Energy Regulatory Procedure, 18 CFR 385.601, the Dispute Columbia Gulf states that service is to Commission Resolution Service will convene a commence May 1, 2003, and end May conference on Monday and Tuesday, 31, 2003, under the agreement. [Docket No. RP99–301–070] April 14th and 15th, 2003, to primarily Columbia Gulf states that it has served ANR Pipeline Company; Notice of discuss agency comments on the draft copies of the filing on all parties Negotiated Rate Filing license application and other issues as identified on the official service list in required by the consultative part of the Docket No. RP96–389. April 4, 2003. Commission’s licensing requirements Any person desiring to be heard or to Take notice that on March 24, 2003, for the City of Augusta. The meeting protest said filing should file a motion ANR Pipeline Company (ANR) tendered will discuss how alternative dispute to intervene or a protest with the for filing amendments to twenty resolution processes and procedures Federal Energy Regulatory Commission, negotiated rate service agreements with may assist the participants in resolving 888 First Street, NE., Washington, DC Madison Gas and Electric Company in disputes arising in the above-docketed 20426, in accordance with sections compliance with the Commission’s June proceeding. The conference will be held 385.314 or 385.211 of the Commission’s 25, 2002, letter order in the above- at Savannah Rapids Pavilion which is rules and regulations. All such motions referenced docket. located at the terminus of Evans to or protests must be filed in accordance Any person desiring to be heard or to Locks Rd. in Columbia County, GA, at with section 154.210 of the protest said filing should file a motion the site of the Augusta Diversion Dam, Commission’s regulations. Protests will to intervene or a protest with the beginning at 9 a.m. on April 14 and be considered by the Commission in Federal Energy Regulatory Commission, ending at approximately 4 p.m. on April determining the appropriate action to be 888 First Street, NE., Washington, DC 15. taken, but will not serve to make 20426, in accordance with sections Interested parties are invited to protestants parties to the proceedings. 385.314 or 385.211 of the Commission’s inform Mr. Shapiro, identified below, Any person wishing to become a party rules and regulations. All such motions prior to April 10, 2003, of other issues must file a motion to intervene. This or protests must be filed on or before and concerns that need to be addressed filing is available for review at the comment date. Protests will be and to see about scheduling these into Commission in the Public Reference considered by the Commission in the process. Room or may be viewed on the determining the appropriate action to be Mr. Steven A. Shapiro, acting for the Commission’s Web site at http:// taken, but will not serve to make Dispute Resolution Service, will www.ferc.gov using the ‘‘FERRIS’’ link. protestants parties to the proceedings. convene the conference. He will be Enter the docket number excluding the Any person wishing to become a party available to communicate in private last three digits in the docket number must file a motion to intervene. This with any participant prior to the field to access the document. For filing is available for review at the conference. If a participant has any assistance, please contact FERC Online
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Support at strongly encourages electronic filings. free at (866) 208–3676, or TTY, contact [email protected] or toll- See 18 CFR 385.2001(a)(1)(iii) and the (202) 502–8659. The Commission free at (866) 208–3676, or TTY, contact instructions on the Commission’s Web strongly encourages electronic filings. (202) 502–8659. The Commission site under the ‘‘e-Filing’’ link. See 18 CFR 385.2001(a)(1)(iii) and the strongly encourages electronic filings. Protest Date: April 14, 2003. instructions on the Commission’s Web See 18 CFR 385.2001(a)(1)(iii) and the site under the ‘‘e-Filing’’ link. Magalie R. Salas, instructions on the Commission’s Web Comment Date: April 14, 2003. site under the ‘‘e-Filing’’ link. Secretary. Magalie R. Salas, Comment Date: April 14, 2003. [FR Doc. 03–8986 Filed 4–10–03; 8:45 am] BILLING CODE 6717–01–P Secretary. Magalie R. Salas, [FR Doc. 03–8983 Filed 4–10–03; 8:45 am] Secretary. BILLING CODE 6717–01–P [FR Doc. 03–8982 Filed 4–10–03; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Federal Energy Regulatory DEPARTMENT OF ENERGY [Docket No. RP99–176–082] Commission Federal Energy Regulatory Natural Gas Pipeline Company of [Docket No. RP99–176–083] Commission America; Notice of Negotiated Rates [Docket No. RP99–485–003] Natural Gas Pipeline Company of April 4, 2003. America; Notice of Negotiated Rates Enbridge Pipelines (KPC); Notice of Take notice that on April 1, 2003, Compliance Filing Natural Gas Pipeline Company of April 4, 2003. America (Natural) tendered for filing to Take notice that on April 1, 2003, April 4, 2003. become part of its FERC Gas Tariff, Natural Gas Pipeline Company of Take notice that on April 1, 2003, Sixth Revised Volume No. 1, certain America (Natural) tendered for filing to Enbridge Pipelines (KPC) (KPC) tariff sheets, to be effective April 1, become part of its FERC Gas Tariff, tendered for filing revised tariff sheets 2003. Sixth Revised Volume No. 1, Second which are to be included in its FERC Natural states that the purpose of this Revised Sheet No. 26H, to be effective Gas Tariff, First Revised Volume No. 1, filing is to implement an amendment to April 1, 2003. as shown on Appendix A to the filing, two (2) existing negotiated rate Natural states that the purpose of this to be made effective on either November transactions entered into by Natural and filing is to implement an amendment to 9, 2002, or December 1, 2002. Dynegy Marketing and Trade under an existing negotiated rate transaction KPC states that the purpose of the Natural’s Rate Schedule FTS pursuant entered into by Natural and The Peoples filing is to comply with the to section 49 of the General Terms and Gas Light and Coke Company under Commission’s Order issued on March Conditions of Natural’s Tariff. Natural’s Rate Schedule FTS pursuant 18, 2003, wherein the Commission Natural states that copies of the filing to section 49 of the General Terms and accepted KPC’s tariff sheets filed on are being mailed to all parties set out on Conditions of Natural’s Tariff. October 10, 2002, subject to refiling the official service list in Docket No. Natural states that copies of the filing those sheets to reflect the allocation of RP99–176. are being mailed to all parties set out on cost associated with the Transok lease Any person desiring to be heard or to the Commission’s official service list in payments, exclusively to Zone 1. protest said filing should file a motion Docket No. RP99–176. Any person desiring to protest said to intervene or a protest with the Any person desiring to be heard or to filing should file a protest with the Federal Energy Regulatory Commission, protest said filing should file a motion Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC to intervene or a protest with the 888 First Street, NE., Washington, DC 20426, in accordance with sections Federal Energy Regulatory Commission, 20426, in accordance with section 385.314 or 385.211 of the Commission’s 888 First Street, NE., Washington, DC 385.211 of the Commission’s rules and rules and regulations. All such motions 20426, in accordance with sections regulations. All such protests must be or protests must be filed in accordance 385.314 or 385.211 of the Commission’s filed in accordance with section 154.210 with section 154.210 of the rules and regulations. All such motions of the Commission’s regulations. Commission’s regulations. Protests will or protests must be filed in accordance Protests will be considered by the be considered by the Commission in with section 154.210 of the Commission in determining the determining the appropriate action to be Commission’s regulations. Protests will appropriate action to be taken, but will taken, but will not serve to make be considered by the Commission in not serve to make protestants parties to protestants parties to the proceedings. determining the appropriate action to be the proceedings. This filing is available Any person wishing to become a party taken, but will not serve to make for review at the Commission in the must file a motion to intervene. This protestants parties to the proceedings. Public Reference Room or may be filing is available for review at the Any person wishing to become a party viewed on the Commission’s Web site at Commission in the Public Reference must file a motion to intervene. This http://www.ferc.gov using the ‘‘FERRIS’’ Room or may be viewed on the filing is available for review at the link. Enter the docket number excluding Commission’s Web site at http:// Commission in the Public Reference the last three digits in the docket www.ferc.gov using the ‘‘FERRIS’’ link. Room or may be viewed on the number field to access the document. Enter the docket number excluding the Commission’s Web site at http:// For assistance, please contact FERC last three digits in the docket number www.ferc.gov using the ‘‘FERRIS’’ link. Online Support at field to access the document. For Enter the docket number excluding the [email protected] or toll- assistance, please contact FERC Online last three digits in the docket number free at (866) 208–3676, or TTY, contact Support at field to access the document. For (202) 502–8659. The Commission [email protected] or toll- assistance, please contact FERC Online
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Support at must file a motion to intervene. This Protests will be considered by the [email protected] or toll- filing is available for review at the Commission in determining the free at (866) 208–3676, or TTY, contact Commission in the Public Reference appropriate action to be taken, but will (202) 502–8659. The Commission Room or may be viewed on the not serve to make protestants parties to strongly encourages electronic filings. Commission’s Web site at http:// the proceedings. This filing is available See 18 CFR 385.2001(a)(1)(iii) and the www.ferc.gov using the ‘‘FERRIS’’ link. for review at the Commission in the instructions on the Commission’s Web Enter the docket number excluding the Public Reference Room or may be site under the ‘‘e-Filing’’ link. last three digits in the docket number viewed on the Commission’s Web site at Comment Date: April 14, 2003. field to access the document. For http://www.ferc.gov using the ‘‘FERRIS’’ assistance, please contact FERC Online link. Enter the docket number excluding Magalie R. Salas, Support at the last three digits in the docket Secretary. [email protected] or toll- number field to access the document. [FR Doc. 03–8984 Filed 4–10–03; 8:45 am] free at (866) 208–3676, or TTY, contact For assistance, please contact FERC BILLING CODE 6717–01–P (202) 502–8659. The Commission Online Support at strongly encourages electronic filings. [email protected] or toll- See 18 CFR 385.2001(a)(1)(iii) and the free at (866) 208–3676, or TTY, contact DEPARTMENT OF ENERGY instructions on the Commission’s Web (202) 502–8659. The Commission Federal Energy Regulatory site under the ‘‘e-Filing’’ link. strongly encourages electronic filings. Commission Comment Date: April 14, 2003. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web Magalie R. Salas, [Docket No. RP99–513–025] site under the ‘‘e-Filing’’ link. Secretary. Protest Date: April 14, 2003. Questar Pipeline Company; Notice of [FR Doc. 03–8987 Filed 4–10–03; 8:45 am] Negotiated Rates BILLING CODE 6717–01–P Magalie R. Salas, Secretary. April 4, 2003. [FR Doc. 03–8981 Filed 4–10–03; 8:45 am] Take notice that on April 1, 2003, DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Questar Pipeline Company (Questar) tendered a tariff filing to implement Federal Energy Regulatory negotiated-rate contracts for BP Energy Commission DEPARTMENT OF ENERGY Company and Dominion Exploration & Production, Inc., as well as a correction Docket Nos. RP00–468–009, RP01–25–008, and RP03–175–003] Federal Energy Regulatory to a contract termination date under an Commission existing negotiated-rate contract with Texas Eastern Transmission, LP; [Docket No. CP01–388–003] Dominion, as authorized by Notice of Supplemental Compliance Commission orders issued October 27, Filing Transcontinental Gas Pipe Line 1999, and December 14, 1999, in Docket Corporation; Notice of Filing Nos. RP99–513, et al. Questar states that April 4, 2003. the Commission approved its request to Take notice that on April 1, 2003, April 4, 2003. implement a negotiated-rate option for Texas Eastern Transmission, LP (Texas Take notice that on March 31, 2003, Rate Schedules T–1, NNT, T–2, PKS, Eastern) tendered for filing as part of its Transcontinental Gas Pipe Line FSS and ISS shippers. Questar indicates FERC Gas Tariff, Seventh Revised Corporation (Transco) tendered for that it submitted its negotiated-rate Volume No. 1, the revised tariff sheets filing as part of its FERC Gas Tariff, filing in accordance with the listed in Appendix A, attached to the Third Revised Volume No. 1, First Commission’s Policy Statement in filing, reflecting an effective date of July Revised Sheet No. 40P, Original Sheet Docket Nos. RM95–6–000 and RM96–7– 1, 2003. No. 40P.01, Original Sheet No. 40P.02, 000 issued January 31, 1996. Texas Eastern states that the purpose Original Sheet No. 40P.03 and Original Questar states that a copy of this filing of this filing is to supplement its March Sheet No. 40Q, with an effective date of has been served upon all parties to this 25, 2003, tariff filing in compliance with May 1, 2003. proceeding, Questar’s customers, the the Commission’s February 24, 2003, Transco states that the purpose of the Public Service Commission of Utah and Order on Rehearing and Compliance instant filing is to set forth under Rate the Public Service Commission of Filings in Texas Eastern’s Order No. 637 Schedule FT the incremental recourse Wyoming. proceeding. rates for Phase I of the Momentum firm Any person desiring to be heard or to Texas Eastern states that copies of this transportation service anticipated to protest said filing should file a motion filing have been mailed to all affected commence May 1, 2003. to intervene or a protest with the customers and interested state Transco states that copies of the filing Federal Energy Regulatory Commission, commissions, as well as to all parties on are being mailed to its affected 888 First Street, NE., Washington, DC the service lists compiled by the customers and interested State 20426, in accordance with sections Secretary of the Commission in these Commissions. 385.314 or 385.211 of the Commission’s proceedings. Any person desiring to be heard or to rules and regulations. All such motions Any person desiring to protest said protest said filing should file a motion or protests must be filed in accordance filing should file a protest with the to intervene or a protest with the with section 154.210 of the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Commission’s regulations. Protests will 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC be considered by the Commission in 20426, in accordance with section 20426, in accordance with sections determining the appropriate action to be 385.211 of the Commission’s rules and 385.314 or 385.211 of the Commission’s taken, but will not serve to make regulations. All such protests must be rules and regulations. All such motions protestants parties to the proceedings. filed in accordance with section 154.210 or protests must be filed on or before Any person wishing to become a party of the Commission’s regulations. April 25, 2003. Protests will be
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considered by the Commission in facilities currently under development 6. Consumers Energy Company determining the appropriate action to be and sell the output of those facilities, as [Docket No. ER03–388–001] taken, but will not serve to make well as a number of facilities that are protestants parties to the proceedings. current qualifying facilities, as is Take notice that on March 31, 2003, Any person wishing to become a party detailed in its application. Consumers Energy Company must file a motion to intervene. This Comment Date: April 25, 2003. (Consumers) tendered for filing changes filing is available for review at the to Sheet No. 23 of its First Revised Rate 2. Green Mountain Energy Company Commission in the Public Reference Schedule No. 116, pursuant to a Room or may be viewed on the [Docket No. ER02–1600–002] February 27, 2002, deficiency letter in Commission’s Web site at http:// Take notice that on March 31, 2003, Docket No. ER03–388–000. www.ferc.gov using the ‘‘FERRIS’’ link. Green Mountain Energy Company Consumers states that copies of the Enter the docket number excluding the (GMEC) filed a newly revised tariff sheet filing were served upon those on the last three digits in the docket number to meet the format requirements official service list. field to access the document. For pursuant to FERC Order 614. Comment Date: April 21, 2003. assistance, please contact FERC Online Comment Date: April 21, 2003. 7. PPL Wallingford Energy LLC and PPL Support at 3. Duke Energy South Bay, LLC EnergyPlus, LLC [email protected] or toll- free at (866) 208–3676, or TTY, contact [Docket No. ER03–117–001] [Docket No. ER03–421–001] (202) 502–8659. The Commission Take notice that on March 31, 2003, Take notice that on March 31, 2003, strongly encourages electronic filings. Duke Energy South Bay, LLC (Duke PPL Wallingford Energy LLC and PPL See 18 CFR 385.2001(a)(1)(iii) and the South Bay) submitted for filing an EnergyPlus, LLC tendered for filing an instructions on the Commission’s Web unexecuted Reliability Must Run amendment to their January 16, 2003, site under the ‘‘e-Filing’’ link. Agreement with the California filing of a Reliability Must Run Cost of Comment Date: April 25, 2003. Independent System Operator (CAISO), Service Agreement with ISO New which is designated as Rate Schedule England, Inc. The amendment responds Magalie R. Salas, to the February 28, 2003, letter issued in Secretary. FERC No. 2. Duke South Bay states that the filing is in compliance with the Docket No. ER03–421–000. [FR Doc. 03–8976 Filed 4–10–03; 8:45 am] Commission’s January 30, 2003, order in Comment Date: April 21, 2003. BILLING CODE 6717–01–P this docket, wherein the Commission 8. Wisconsin Electric Power Company ordered Duke South Bay to re-file its [Docket No. ER03–543–001] DEPARTMENT OF ENERGY entire Rate Schedule in Compliance with Order No. 614. Take notice that on March 31, 2003, Federal Energy Regulatory Comment Date: April 21, 2003. Wisconsin Electric Power Company Commission (Wisconsin Electric) tendered for filing 4. New York Independent System rate designation sheets canceling First [Docket No. EG03–54–000, et al.] Operator, Inc. Revised Service Agreement No. 25 with [Docket No. ER03–238–003] Badger Power Marketing Authority of Ingenco Wholesale Power, L.L.C., et Wisconsin, Inc. in compliance with the al.; Electric Rate and Corporate Filings Take notice that on March 31, 2003, the New York Independent System Federal Energy Regulatory April 4, 2003. Operator, Inc. (NYISO) submitted the Commission’s Order dated March 19, The following filings have been made compliance filing required by the 2003, in Docket No. ER03–543–000. with the Commission. The filings are Commission’s January 30, 2003, order in Comment Date: April 21, 2003. listed in ascending order within each the above-captioned proceeding. 9. American Transmission Systems, docket classification. The NYISO states it has served a copy Incorporated of this filing to all parties listed on the 1. Ingenco Wholesale Power, L.L.C. official service list maintained by the [Docket No.ER03–672–000] [Docket No. EG03–54–000] Secretary of the Commission in Docket Take notice that on March 31, 2003, Take notice that on March 31, 2003, No. ER03–238–000. American Transmission Systems, Ingenco Wholesale Power, L.L.C. Comment Date: April 21, 2003. Incorporated (ATSI) submitted for filing Third Revised Service Agreement (Ingenco Wholesale) tendered for filing 5. Pacific Gas and Electric Company with the Federal Energy Regulatory No.214 for Network Service under its Commission (Commission) an [Docket No. ER03–358–002] Open Access Transmission Tariff to application for determination of exempt Take notice that on March 31, 2003, American Municipal Power-Ohio, Inc. wholesale generator status pursuant to Pacific Gas and Electric Company ATSI states that the purpose of the part 365 of the Commission’s (PG&E) submitted a refund report in revised Service Agreement is to add regulations. response to and in compliance with delivery points for Huron, a new Ingenco Wholesale, a Virginia limited FERC’s February 27, 2003, ‘‘Order municipal electric system, and Grafton, liability company, states that it is a Accepting and Suspending to update certain network load and wholly-owned subsidiary of Industrial Interconnection Agreements for Filing, resource data. An effective date of April Power Generating Corporation, a Subject to Refund, and Establishing 1, 2003, is requested for the Service Virginia corporation. Hearing and Settlement Judge Agreement. Ingenco Wholesale states that it was Procedures.’’ ATSI states that copies of this filing formed for the purpose of owning PG&E states that copies of this filing were served on the representatives of Ingenco—Mountain View, a 12 MW have been served upon Calpine the City of Huron, Village of Grafton, electric generating facility located in Corporation, the California Independent American Municipal Power-Ohio, Inc., Mountain View, Pennsylvania. Ingenco System operator Corporation, and the and the Public Utilities Commission of Wholesale states it will also hold an California Public Utilities Commission. Ohio. interest in other electric generation Comment Date: April 21, 2003. Comment Date: April 21, 2003.
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10. New England Power Pool filing Revised Pages 34–42 (Exhibits B, Comment Date: April 21, 2003. C and D) to WE’s Electric Power, [Docket No. ER03–673–000] 16. Mid-Continent Area Power Pool Transmission, and Service Contract Take notice that on March 31, 2003, with the Kansas Electric Power [Docket No. ER03–679–000] the New England Power Pool (NEPOOL) Cooperative (KEPCo). WE also Participants Committee filed for Take notice that on March 31, 2003, submitted, on behalf of its wholly acceptance materials to (1) permit the Mid-Continent Area Power Pool owned subsidiary Kansas Gas and NEPOOL to expand its membership to (MAPP) tendered for filing amendments Electric Company, d/b/a Westar Energy include DC Energy, LLC (DC); and (2) to to the Power and Energy Market Rate (KGE), Revised Pages 31–36 (Exhibits B, terminate the memberships of Tariff of the Restated Agreement. and C) to KGE’s Electric Power, Comment Date: April 21, 2003. Allegheny Supply Company, LLC Transmission, and Service Contract (Allegheny), PSI Energy, Inc. (PSI), and with KEPCo. WE states that these 17. Avista Corporation the Robert E. McLaughlin Trust (Trust). revisions are part of WE’s and KGE’s [Docket No. ER03–680–000] The Participants Committee requests the annual exhibits filed with the Federal following effective dates: March 1, 2003, Take notice that on March 31, 2003, Energy Regulatory Commission. The for the termination of Allegheny, and Avista Corporation (Avista) tendered for revised pages are proposed to be PSI; March 31, 2003, for the termination filing with the Federal Energy effective June 1, 2003. of the Trust; and April 1, 2003, for Regulatory Commission (Commission), WE states that copies of the filing commencement of participation in an Original Service Agreement No. 299, were served upon KEPCo and the NEPOOL by DC. which Avista states is a Master Kansas Corporation Commission. The Participants Committee states Confirmation Agreement between Comment Date: April 21, 2003. that copies of these materials were sent Avista and Southern California Edison to the New England state governors and 14. Southern California Edison Company under the Western Systems regulatory commissions and the Company Power Pool Agreement (hereinafter Participants in NEPOOL. Master Confirmation). [Docket No. ER03–677–000] Comment Date: April 21, 2003. Avista respectfully requests that the Take notice that on March 31, 2003, Commission accept the Master 11. Quest Energy, LLC Southern California Edison Company Confirmation for filing and grant all [Docket No. ER03–674–000] (SCE) tendered for filing revisions to the waivers necessary to allow the Master Take notice that on March 31, 2003, Amended and Restated District-Edison Confirmation to become effective March WPS Resources Corporation (WPSR), on 1987 Service and Interchange 1, 2003, or, alternatively, a behalf of Quest Energy, LLC (Quest), Agreement (Agreement) between SCE determination by the Commission that submitted an amendment to its February and The Metropolitan Water District of the Master Confirmation need not be 14, 2003 notice of change in status Southern California (District), Rate filed with, nor reported to, the under Quest’s market-based rate Schedule FERC No. 443. SCE states that Commission. SCE is the sole party authority. the revisions to the Agreement are being affected by the Master Confirmation and Comment Date: April 21, 2003. filed to implement the Fourth the waiver, if granted, will not affect any Amendment to the District-Edison 1987 other rate or charge to any other 12. Wisconsin River Power Company Service and Interchange Agreement customer. [Docket No. ER03–675–000] (Amendment No. 4). SCE also states that Avista states that copies of the filing Take notice that on March 31, 2003, Amendment No. 4 sets forth mutually were served upon Southern California Wisconsin River Power Company agreed-upon terms relating to exchange Edison Company and Michael Small, (WRPCo or the Company) tendered for energy and the pricing provisions for General Counsel to the Western Systems filing revised rate schedule sheets such exchange energy delivered after Power Pool, Inc. (Revised Sheets) in Original Rate September 30, 2001, for the long-term. Comment Date: April 21, 2003. SCE request the Commission to assign Schedule FERC No. 3 (Rate Schedule) 18. Entergy Services, Inc., and Entergy an effective date of October 1, 2001, to by and among WRPCo and Wisconsin Power, Inc. Public Service Corporation (WPS) and the revised Agreement. SCE states that Wisconsin Power and Light Company copies of this filing were served upon [Docket No. ER03–681–000] (WP&L). WRPCo states that the Revised the Public Utilities Commission of the Take notice that on March 31, 2003, Sheets amend the term of the Rate State of California and the District. 2003, Entergy Services, Inc. (ESI), on Schedule. Comment Date: April 21, 2003. behalf of the Entergy Louisiana, Inc. The Company requests that the 15. New England Power Company (ELI), and Entergy Power, Inc. (EPI), an Commission waive its notice of filing affiliated marketer, filed under section requirements to allow the Revised [Docket No. ER03–678–000] 205 of the Federal Power Act for Sheets to become effective as of April 1, Take notice that on March 31, 2003, approval of a power purchase agreement 2003, the day after filing. New England Power Company (NEP) between ELI and EPI. ESI and EPI seek WRPCo states that copies of the filing submitted for filing: an effective date of June 1, 2003. were served upon WPS, WP&L, the (i) A Third Revised Service ESI states that copies of this filing Public Service Commission of Agreement No. 20 between NEP and its were served on the affected state utility Wisconsin and the Michigan Public affiliate, Massachusetts Electric commissions. Service Commission. Company (MECO), under NEP’s FERC Comment Date: April 21, 2003. Comment Date: April 21, 2003. Electric Tariff, Original Volume No. 1; 19. Entergy Services, Inc., and Entergy and 13. Westar Energy, Inc., Kansas Gas Power, Inc. (ii) Notices of Cancellation for NEP and Electric Company Rate Schedules Nos. 15 and 58. [Docket No. ER03–682–000] [Docket No. ER03–676–000] NEP states that copies of this filing Take notice that on March 31, 2003, Take notice that on March 31, 2003, have been served on MECO and Entergy Services, Inc. (ESI), on behalf of Westar Energy, Inc. (WE), submitted for regulators in the state of Massachusetts. Entergy New Orleans, Inc. (ENO), and
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Entergy Power, Inc. (EPI), an affiliated 22. Michigan Electric Transmission considered by the Commission in marketer, filed under section 205 of the Company, LLC determining the appropriate action to be Federal Power Act for approval of a [Docket No. ER03–688–000] taken, but will not serve to make power purchase agreement between the protestants parties to the proceeding. Take notice that on March 31, 2003, ENO and EPI. ESI and EPI seek an Any person wishing to become a party Michigan Electric Transmission effective date of June 1, 2003. In must file a motion to intervene. All such Company, LLC (METC) submitted a addition, ESI also filed for approval two motions or protests should be filed on proposed amendment to the ‘‘Project I additional purchase power agreements, or before the comment date, and, to the Transmission Ownership and Operating between ENO and, respectively, Entergy extent applicable, must be served on the Agreement Between Consumers Power Gulf States, Inc. and Entergy Arkansas, applicant and on any other person Company, and Michigan South Central Inc. ESI also seeks an effective date of designated on the official service list. Power Agency,’’ dated November 20, June 1, 2003, for these power purchase This filing is available for review at the 1980. METC states that it proposes to agreements. Commission or may be viewed on the amend the Operating Agreement to add ESI states that copies of this filing Commission’s Web site at http:// new Article 20, to allow for the were served on the affected state utility www.ferc.gov, using the ‘‘FERRIS’’ link. reimbursement to METC for certain commissions. Enter the docket number excluding the regional transmission organization or Comment Date: April 21, 2003. last three digits in the docket number independent transmission provider field to access the document. For 20. California Independent System costs assessed to METC associated with assistance, contact FERC Online Operator Corporation the load of Michigan South Central Support at Power Agency. METC requests an [Docket No. ER03–683–000] [email protected] or toll- effective date of April 1, 2003, for the free at (866)208–3676, or for TTY, Take notice that on March 31, 2003, proposed amendment. contact (202)502–8659. Protests and the California Independent System Comment Date: April 21, 2003. Operator Corporation (ISO), tendered for interventions may be filed electronically filing with the Commission Amendment 23. Riverview Energy Center, LLC via the Internet in lieu of paper; see 18 No. 50 to the ISO Tariff. ISO states that [Docket No. ES03–28–000] CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web the purpose of Amendment No. 50 is to Take notice that on March 26, 2003, site under the ‘‘e-Filing’’ link. The modify the Tariff to provide for a means Riverview Energy Center, LLC Commission strongly encourages to improve management of Intra-Zonal (Riverview) submitted an application electronic filings. Congestion until the ISO implements pursuant to section 204 of the Federal Locational Marginal Pricing (LMP) or Power Act seeking authorization to Magalie R. Salas, some other long-term comprehensive assume long-term obligations in an Secretary. solution, and to allow the ISO to share amount not to exceed $300 million and Generator Outage information with [FR Doc. 03–8977 Filed 4–10–03; 8:45 am] $68.5 million pursuant to a lease BILLING CODE 6717–01–P entities operating transmission and agreement with its parent company, distribution systems affected by the Calpine California Equipment Finance Outage. Company, LLC. DEPARTMENT OF ENERGY The ISO states that this filing has been Riverview also requests a waiver from served on the Public Utilities the Commission’s competitive bidding Federal Energy Regulatory Commission of the State of California, and negotiated placement requirements Commission the California Energy Commission, the at 18 CFR 34.2. [Docket Nos. ER02–2001–000 and RM01–8– California Electricity Oversight Board, Comment Date: April 18, 2003. and all parties with effective Scheduling 000] 24. Upper Peninsula Power Company Coordinator Agreements under the ISO Revised Public Utility Filing Tariff. The ISO is requesting that [Docket No. ES03–29–000] Requirements Electric Quarterly Amendment No. 50 be made effective Take notice that on March 31, 2003, Reports; Notice Providing Further May 30, 2003. Upper Peninsula Power Company Details on Electric Quarterly Reports Comment Date: April 21, 2003. (Upper Peninsula) submitted an Workshop 21. Wisconsin Power & Light Company application pursuant to section 204 of the Federal Power Act seeking April 4, 2003. [Docket No.ER03–684–000] authorization to issue long-term, On March 24, 2003, the Commission Take notice that on March 31, 2003, unsecured debt in an amount not to issued a ‘‘Notice of Electric Quarterly Wisconsin Power & Light Company exceed $15 million at any time. Reports Workshop’’ to announce, and an (WPL) tendered for filing with the Upper Peninsula also requests a Errata Notice to clarify, that a workshop Commission new rates to be charged waiver from the Commission’s will be held at 9:30 a.m. on Friday, under its wholesale Rate Schedules W– competitive bidding and negotiated April 11, 2003, at FERC Headquarters, 2A and W–4A to reflect the current cost placement requirements at 18 CFR 34.2. 888 First St., NE., Washington, DC. This of service incurred by WPL and its Comment Date: April 25, 2003. notice provides further registration subsidiary South Beloit Water, Gas and details and the workshop agenda Electric Company. WPL has asked that Standard Paragraph (attachment). new rates become effective on July 8, Any person desiring to intervene or to The workshop will consist of EQR 2003. protest this filing should file with the software demonstrations as well as WPL states that a copy of this filing Federal Energy Regulatory Commission, discussion with participants. For those has been served upon the Public Service 888 First Street, NE., Washington, DC unable to attend in person, the Commission of Wisconsin and the WPL 20426, in accordance with rules 211 and workshop will be available at no cost to wholesale electric customers affected by 214 of the Commission’s rules of participants via a combination of this filing. practice and procedure (18 CFR 385.211 telephone conference call and Comment Date: April 21, 2003. and 385.214). Protests will be simultaneous online demonstrations
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accessible from your desktop PC. To IV. Dissemination System Changes/ at the Commission’s headquarters live register to attend the online version of Updates over the Internet, as well as via the workshop, please e-mail A. Submission System download telephone and satellite. For a fee, you [email protected], and include B. Spreadsheet download—demo can receive these meetings in your your name, your company name, and a C. Database download office, at home, or anywhere in the contact telephone number. A response D. Queries—demo world. To find out more about Capitol to your e-mail will be sent with further E. Participant comments and Connection’s live Internet, phone information and instructions for questions bridge, or satellite coverage, contact accessing the workshop from your V. Compliance David Reininger or Julia Morelli at (703) computer. No registration is required for A. Review of submissions 993–3100, or visit those parties attending the workshop in B. Letters to companies in non- www.capitolconnection.org. Capitol person. compliance status with Order 2001 Connection also offers FERC open The Commission is interested in C. Participant comments and meetings through its Washington, DC- soliciting questions and or comments questions area television service. regarding the EQR Submission and [FR Doc. 03–8980 Filed 4–10–03; 8:45 am] The conference will be transcribed. Dissemination Systems in advance of, as BILLING CODE 6717–01–P Those interested in obtaining transcripts well as during, the workshop. Please e- of the conference should contact Ace mail any questions or comments that Federal Reporters at (202) 347–3700 or you would like to have considered and DEPARTMENT OF ENERGY (800) 336 6646. Transcripts will be discussed at the workshop to Federal Energy Regulatory made available to view electronically [email protected]. Commission under this docket number seven In addition, interested parties may file working days after the conference. comments under the above-captioned [Docket No. AD03–7–000] Anyone interested in purchasing Docket Numbers by April 28, 2003. videotapes of the meeting should call Filings will be available for review at Natural Gas Price Formation; Notice of VISCOM at (703) 715–7999. the Commission or may be viewed on Agenda for the April 24, 2003, Staff For additional information, please the Commission’s Web site at http:// Technical Conference contact Saida Shaalan of the Office of www.ferc.gov, using the Federal Energy April 4, 2003. Market Oversight & Investigations at Regulatory Record Information System As announced on March 14, the 202–502–8278 or by e-mail, (FERRIS) data base. To access the Federal Energy Regulatory Commission [email protected]. filings, enter the docket number, (FERC) will hold a technical conference Magalie R. Salas, excluding the last three digits, in the on Thursday, April 24, 2003, to be held Secretary. docket number field. For assistance, at FERC headquarters, 888 First Street, contact FERC Online Support at NW., Washington, DC, in the Conference Agenda [email protected] or toll- Commission Meeting Room (Room 2C). free at (866) 208–3676, or for TTY, Natural Gas Price Formation; Agenda The purpose is to discuss issues related for the Staff Technical Conference on contact (202) 502–8659. to the adequacy of natural gas price For additional information, please April 24, 2003 information. Issues of concern: Include contact Barbara Bourque of FERC’s ways to fix deficiencies in the manner [Docket No. AD03–7–000] Office of Market Oversight & • price data are currently collected; how William Hederman, Director, Office Investigations at (202) 502–8338 or by e- to increase reliability; and what of Market Oversight & Investigations— mail, [email protected]. alternative models might produce Welcoming remarks 8:30—8:45 a.m. • Magalie R. Salas, reliable natural gas price discovery. Stephen Harvey, Deputy Director, Secretary. We plan to hear from those who Market Oversight & Assessment. currently report transactions, receive How do we arrive at good, reliable Electric Quarterly Reports Workshop and publish price information, use the natural gas prices? Agenda published data reports, and those with What are the different models for Friday, April 11, 2003 constructive suggestions for overcoming natural gas price reporting? impediments and inconsistencies. What should be the minimum standards I. Welcome to Participants Parties with specific alternative models for price information collected for use A. Live and Web participants (Live for achieving the goals are invited. We by the Commission in tariffs and sign-in) request that anyone with a specific orders? B. User’s Group formation • II. FERC Issues with Data proposal file it in this docket number for Panel 1—Private Sector Price A. Revised 4th Quarter 2002 all to access. (Instructions on filing Reporting Systems 8:45—10:45 a.m. submissions due April 11, 2003 electronically can be found at http:// —Larry Foster, Platt’s News Service 1. Truncated currency totals www.ferc.gov/documents/ —Ellen Beswick or Mark Curran, 2. DUNS numbers makeanelectronicfiling/doorbell.htm.) Intelligence Press 3. Product Name—Bookouts The one-day meeting will begin at —Andrew Ware, Energy Intelligence B. Product Names list expansion? 8:30 a.m. and conclude about 5 p.m. All Group C. Participant comments and interested parties are invited to attend. —Michael Smith, Executive Director, questions There is neither pre-registration nor a Committee of Chief Risk Officers III. Submission System Changes/ registration fee to attend. Attached is the (CCRO) Updates Agenda for the day. —Chuck Vice, Senior Vice President A. Demonstration As mentioned in the March 14th and Chief Operating Officer, Inter- 1. Error detection notice, the Capitol Connection will continentalExchange (ICE) 2. Reports/printing capabilities broadcast this conference. Capitol —Robert Levin, Senior Vice President, B. Participant comments and Connection offers coverage of all open NYMEX questions and special Commission meetings held —Break 10:45—11 a.m.
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• Panel 2—Governmental or Third Multipathway, and Multireceptor Risk Hazardous Waste Identification Rule Party Models 11 a.m.—12 p.m. Assessment (3MRA) Modeling System (HWIR) that was designed to establish —Craig Pirrong, Bauer College of and soliciting nominations for constituent-specific exit levels for low Business, University of Houston membership on this panel. risk solid wastes that are currently —Obie O’Brien, Director of Government DATES: Nominations should be captured in the RCRA subtitle C & Regulatory Affairs, Apache submitted no later than May 2, 2003. hazardous waste system. Under this Corporation ADDRESSES: Nominations should be proposal, waste generators of listed —Representative from Energy submitted in electronic format through wastes that could meet the new Information Administration the Form for Nominating Individuals to concentration-based criteria defined by —Representative from National Panels of the EPA Science Advisory the HWIR methodology would no longer Association of Securities Dealers Board provided on the SAB Web site. be subject to the hazardous waste • Lunch 12—1:30 p.m. The form can be found at http:// management system specified under • Panel 3—Industry Responses to the www.epa.gov/sab/sab_panel_form.htm. subtitle C of RCRA. This would have Morning’s Discussion 1:30—3 p.m. To be considered, all nominations must established a risk-based ‘‘floor’’ for low risk hazardous wastes that would —Gerald Ballinger, President, Public include the information required on that encourage pollution prevention, waste Energy Authority of Kentucky form. Anyone who is unable to submit minimization, and the development of (representing APGA) nominations via this form may contact innovative waste treatment —Arthur Corbin, President, Coalition Ms. Kathleen White, Designated Federal technologies. for Energy Market Integrity and Officer (DFO), as indicated below. In May and June of 1995, EPA’s Transparency (EMIT)(Also, President FOR FURTHER INFORMATION CONTACT: Any Science Advisory Board (SAB) reviewed & General Manager of the Municipal member of the public wishing further the proposed HWIR methodology for Gas Authority of Georgia) information regarding this Request for calculating exit concentrations and in —Al Musur, Director, Energy and Utility Nominations may contact Ms. Kathleen May 1996 published its findings in Programs for Abott Labs (also,Chair of White, (DFO), U.S. EPA Science Review of a Methodology for the Industrial Energy Consumers of Advisory Board (1400A), by telephone/ Establishing Human Health and America (IECA) voice mail at (202) 564–4559, by fax at Ecologically Based Exit Criteria for the —Thomas Skains, Chair of American (202) 501–0582; or via e-mail at Hazardous Waste Identification Rule Gas Association’s (AGA) Board Task [email protected]. (HWIR) (EPA–SAB–EC–96–002), Force on Gas Price Index Reform SUPPLEMENTARY INFORMATION: available at http://www.epa.gov/sab/ (Also President & CEO, Piedmont 1. Summary: The Environmental pdf/ec96002.pdf. In addition to this Natural Gas) Protection Agency (EPA) Science review, EPA’s Office of Research and —Representative from Natural Gas Advisory Board (SAB) is announcing Development (ORD), and numerous Supply Association the formation of a new Panel to review industrial and environmental —Representative from INGAA the technical validity of the Multimedia, stakeholders, also reviewed the • Break 3—3:15 p.m. Multipathway, and Multireceptor Risk proposed methodology. While the SAB • Panel 4—Financial Houses’ and Assessment (3MRA) Modeling System concluded that the methodology ‘‘lacks Other’s Responses to the Morning’s for setting national risk-based the scientific defensibility for its Discussion 3:15—4:30 p.m. regulations on the waste program. The intended regulatory use,’’ the SAB also —Laurie Ferber, Managing Director, SAB is soliciting nominations to made the following recommendations U.S. Power Trading, Goldman Sachs establish the members of the new Panel. that, when addressed, should provide —Randall Dodd, Derivatives Study This Panel is being formed to provide an adequate scientific basis for Center advice to the Agency, as part of the EPA establishing a risk-based methodology —Representative from Fitch Ratings SAB’s mission, established by 42 U.S.C. applicable at the national level for the —Representative from SILCAP, LLC 4365, to provide independent scientific waste program: Close 4:30 p.m. and technical advice, consultation, and (a) Develop a true multi-pathway risk [FR Doc. 03–8975 Filed 4–10–03; 8:45 am] recommendations to the EPA assessment in which a receptor receives BILLING CODE 6717–01–P Administrator on the technical bases for a contaminant from a source via all EPA decision making. The Board is a pathways concurrently, is exposed to chartered Federal Advisory Committee, the contaminant via different routes, ENVIRONMENTAL PROTECTION which reports directly to the and accounts for the dose corresponding AGENCY Administrator. to each route in an integrated way; 2. Background: There have been (b) Maintain mass balance; [FRL–7481–5] substantial efforts by Federal and State (c) Conduct substantial validation of the methodology and its elements, Science Advisory Board; Request for organizations and the private sector to against actual data derived from either Nominations for Experts for a Panel on develop risk assessment tools that the laboratory or field, prior to Multimedia, Multipathway, and include the evaluation of contaminants implementation of the model; Multireceptor Risk Assessment (3MRA) in different media and the integration of (d) Conduct a systematic examination Modeling System exposures across pathways to help establish an integrated risk-based of parameters to ensure a consistent and AGENCY: Environmental Protection assessment. uniform application of the proposed Agency (EPA). In December 1995, EPA’s Office of approach, and further, the full suite of ACTION: Notice. Solid Waste proposed to amend existing uncertainties to be addressed for the regulations for disposal of listed final methodology; SUMMARY: The Environmental Protection hazardous wastes under the Resource (e) Discard the proposed screening Agency Science Advisory Board (SAB) Conservation and Recovery Act (RCRA). procedure for selecting the initial subset is announcing the formation of a new The December 1995 proposal (60 FR of chemicals for ecological analysis and panel regarding the Multimedia, 6634, December 21, 1995) outlined the instead require that a minimum data set
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be satisfied before ecologically based 3. Proposed Charge to the Panel: The allows for measures of protection to be exit criteria are calculated; EPA is asking the SAB to focus its calculated at the site level and (f) Seek the substantive participation, review in the following four areas: aggregated over all the sites to develop input, and peer review by Agency assessment methodology, 3MRA the national distribution of risks. scientists and outside peer review modeling system, modeling system Charge Question 1: While the EPA groups as necessary, to evaluate the evaluation, and modeling system had the assessment methodology peer individual components of the documentation. Charge questions reviewed prior to the development of methodology in much greater detail; related to those areas are identified in the 3MRA modeling system, does the and, the relevant section below. SAB have any additional comments (g) Reorganize and rewrite the about the methodology as implemented? documentation for both clarity and ease Assessment Methodology of use. The 3MRA assessment methodology 3MRA Modeling System As a result of the methodology presents a strategy for estimating To implement the 3MRA reviews, the Office of Solid Waste national distributions of human and methodology, the EPA chose to develop (OSW) collaborated with the Office of ecological risks resulting from long-term a comprehensive software-based Research and Development (ORD) to (chronic) chemical release from land- modeling system, which facilitates the develop and document a sound science based waste management units. The consistent use of sound-science models foundation, supporting data for an national distribution is constructed by through a framework that controls assessment, and related software performing ‘‘site-based’’ assessments at model sequencing, facilitates data technology for an integrated, a statistically significant number of exchange, and provides data analysis multimedia modeling system (entitled randomly sampled hazardous waste site and results visualization tools. 3MRA) following the recommendations locations across the U.S. In the Following modern Object Oriented of the SAB and other reviewers. This assessment methodology, a pollutant is software design and development effort was initiated with the peer review released from a waste management unit principles and honoring the use of of an integrated research and to the various media (air, water, soil) legacy models (i.e., fate and transport development plan (ORD/OSW according to its chemical properties and models that have a long history of use Integrated Research and Development characteristics of the unit. The pollutant at the EPA), the EPA has constructed a Plan for the Hazardous Waste is transported through the media and modern modeling system that facilitates Identification Rule (HWIR), 1998 exchanged between media via system the consistent and reproducible available at: http://www.epa.gov/ linkages. Receptors are exposed application of the 3MRA modules and epaoswer/hazwaste/id/hwirwste/ concurrently to the pollutant via databases to problems requiring a risk.htm), that describes the assessment multiple pathways/routes resulting in national-scale assessment of site-based methodology, the technical bases for the an integrated dose. risks. The 3MRA modeling system is integrated multimedia modeling system, The methodology describes a tiered underpinned by a software and quality controls to be followed approach for populating data files for infrastructure named FRAMES. during the developmental process. The each site evaluation. The approach is FRAMES provides a computer-based Multimedia, Multipathway, and referred to as ‘‘site-based’’ because the environment for linking and applying Multireceptor Risk Assessment (3MRA) assignment of data values for the site environmental models and managing modeling system represents a collection being simulated occurs according to a the large amounts of information within of science-based models and databases tiered protocol. Data values are filled the system. that have been integrated into a software first with data at a site level; when site The 3MRA modeling system consists infrastructure that is based on the data are not available, a statistically of: (a) 17 science-based modules that FRAMES (Framework for Risk Analysis sampled value from a geographically estimate chemical fate, transport, in Multimedia Environmental Systems) relevant regional distribution of values exposure, and risk; (b) 7 system concept, which provides a computer- are used; and lacking a representative processors that select data for model based environment for linking regional distribution for the variable, a execution; manage information transfer environmental models and databases value from a national distribution is within the system; ‘‘roll-up’’ site-based and managing the large amounts of assigned. results into distributions of risk at the information within the system, The 3MRA methodology was national level; and provide a including the visualization of outputs. designed specifically to include Monte visualization of the system outputs; and This integrated multimedia modeling Carlo simulation methods to address (c) multiple databases that (currently) system provides national-level estimates both uncertainty and variability in the contain the data for waste managements of human and ecological risks resulting risk outputs. Statistical distributions for sites across the country as well as from long-term (chronic) chemical many modeling parameters were regional and national distributions of release from land-based waste developed and upon implementation data values, (d) a software infrastructure management units. Over 45 experts provide a statistical measure of (framework) based on FRAMES. participated in the peer review process variability and uncertainty, i.e., the The 3MRA system was designed to of the underlying science within the range and distribution of potential provide flexibility in producing 3MRA modeling system. exposures and risks occurring at a site. distributions of hazards or risks at sites The EPA plans to use the modeling When applied to the sites in a national that may manage exempted waste system to help inform managers on a assessment, the result is a statistical because the final regulatory decision variety of decisions in the waste measure of variability and uncertainty, framework for defining chemical- program, such as setting concentration- and national distributions of risks. The specific exit levels has not been based exit criteria for wastes in the sites currently in the database are formulated. The system is designed to hazardous waste management randomly selected from sites across the allow the evaluation of human health regulations, or deciding whether United States to represent the national impacts to the general population or technology-based standards are variability in waste management selected subpopulations and the impact protective of human health and the scenarios and locations. The of varying the measures of protection at environment. methodology for selecting the sites different probability levels. The system
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has similar capabilities with respect to who did not participate in the original comparison, that the 3MRA modeling evaluating the impacts on ecological model development). These procedures, system will produce scientifically sound systems. test plans, test packages, and test results results of high utility and acceptance Charge Question 2a: Does the 3MRA are fully documented and available to with respect to multimedia regulatory modeling system provide a tool for the public. applications? performing national risk assessments Third, a comprehensive data that facilitates consistent use of the collection approach was developed to 3MRA Modeling System Documentation science and provides a mechanism for parameterize the modeling system in In response to significant comments reproducing results? accordance with the site-based approach regarding the lack of clarity and Charge Question 2b: Does the 3MRA described in the assessment transparency associated with modeling system provide decision- methodology. This data collection plan documentation of the earlier modeling makers sufficient flexibility for described the general collection system the EPA has devoted significant understanding the impacts on potential methodology for the major types of data time and resources to correcting this chemical exemption levels by allowing (for example, facility location, land use, limitation. The 3MRA represents a varying measures of protection based on soil characteristics, receptor locations), comprehensive risk assessment the number of receptors and/or number including quality assurance and quality capability and as such integrates the of sites protected, types of human and control procedures and references for science from all contributing ecological receptors, and distance? data sources. Fourth, the 3MRA disciplines. Documentation is Charge Question 2c: Does the 3MRA modeling system has undergone a necessarily voluminous. In preparing modeling system provide appropriate comparison analysis with EPA’s Total the current documentation our intent is information for setting national risk- Risk Integrated Methodology (TRIM) to provide different levels of based regulations for the waste that is currently under development. presentation depending on the intended program? The objective of the model comparison audience. The EPA has prepared a Modeling System Evaluation effort was to increase confidence that significant number of reports and the 3MRA modeling system produces documents at various levels of technical In response to the SAB estimates consistent with other multi- complexity that describe the 3MRA recommendation that substantial media models. modeling system and the related HWIR evaluation of the modeling system is While complete validation of a application. essential to building confidence in the modeling approach would be the system, the EPA focused significant The review documents consist of a ultimate proof for a multimedia system four volume set of documents, efforts to ensure the scientific integrity like the 3MRA, the EPA did not find a providing a comprehensive overview of of the 3MRA system and its results multimedia data set to compare with the the 3MRA modeling system. These during system development and post- system’s predictive outputs. In addition, documents are intended to be the development. The EPA designed and the model comparison study was primary means by which the general implemented rigorous quality assurance conducted using an actual industrial public would become familiar with the and quality control procedures for site where environmental monitoring 3MRA system and are also intended to software development, data collection, data for mercury representing the provide the level of information verification testing, and peer review on relationship between contaminant necessary for a risk assessor to make an the scientific components of the system. source and environmental informed decision regarding the The EPA implemented specific steps concentrations were available (albeit an to build a level of confidence in the incomplete set of observational data). applicability of the 3MRA modeling system to ensure that the system will Finally, a formal program focusing on system to specific risk assessment present a reasonable estimate of sensitivity and uncertainty analysis for problems. nationwide risk for a national-level high-order modeling systems has been Charge Question 4: Has the EPA made assessment. initiated at ORD. The early focus of this substantive progress, relative to 1995, in First, the overall technical approach program is the investigation of designing and preparing documentation and each science-based module parameter sensitivities and system for the 3MRA modeling system? Does included in 3MRA have been peer uncertainties within the 3MRA the SAB have additional suggestions for reviewed. Teams of peer reviewers (at modeling system. A supercomputer has improving the presentation of the least three per module) provided critical been configured to allow exhaustive comprehensive set of materials related feedback about the science-based experimentation with the 3MRA system to this modeling system? modules. All told, over 45 independent in Monte Carlo mode. Initial results of 4. Development Plan Document experts reviewed the science modules to these efforts have been documented. Available: For the purpose of enough ensure that the theoretical concepts Charge Question 3a: Is the software understanding about the 3MRA describing the processes within release, development and verification testing modeling system to nominate fate, transport, uptake, exposure, and approach implemented for the 3MRA candidates, the reader may find the risk components were adequate modeling system sufficient to ensure ORD/OSW Integrated Research and representations of the processes to be confidence that the modeling results Development Plan for the Hazardous evaluated. reflect the modeling system design? Waste Identification Rule (HWIR), 1998 Second, all software components and Charge Question 3b: Given the helpful. This document introduces the databases underwent a series of tests to thorough evaluations that EPA has policy and technical issues shaping the verify that the software and data were implemented using the available data development of the 3MRA modeling performing properly. At the heart of this resources and technologies, while also system. This document is available at: protocol is the requirement that each recognizing the real world limitations http://www.epa.gov/epaoswer/ component of the modeling system that apply to validating the 3MRA hazwaste/id/hwirwste/risk.htm. include a designed and peer reviewed modeling system, have we reasonably 5. SAB Request for Nominations: Any test plan that is executed by both the demonstrated through methodology interested person or organization may model developer and a completely design, peer review, quality control, nominate qualified individuals for independent modeler (i.e., someone sensitivity analyses, and model Membership on the Subcommittee.
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Individuals should have expertise in the SAB Staff in developing this Short over the anticipated course of the one or more of the following areas: List are given at the end of the following review. The face-to-face meetings are (a) Integrated Software Technology for paragraph. The Short List will be posted likely to be in the July, August, Multimedia Modeling on the SAB Web site at: http:// September timeframe. (b) Sensitivity and Uncertainty Analyses www.epa.gov/sab, and will include, for Dated: April 4, 2003. each candidate, the nominee’s name and for Higher Order Environmental Vanessa T. Vu, Models their biosketch. Public comments will be accepted for 21 calendar days on the Director, EPA Science Advisory Board Staff (c) Quality Assurance and Model Office. Short List. During this comment period, Evaluation [FR Doc. 03–8951 Filed 4–10–03; 8:45 am] (d) Integrated Multimedia Fate and the public will be requested to provide BILLING CODE 6560–50–P Transport Modeling—air focus information, analysis or other (e) Integrated Multimedia Fate and documentation on nominees that the SAB Staff should consider in evaluating Transport Modeling—surface water ENVIRONMENTAL PROTECTION candidates for Panel. focus AGENCY (f) Integrated Multimedia Fate and For the EPA SAB, a balanced review Transport Modeling—groundwater panel (i.e., committee, subcommittee, or [ER–FRL–6639–3] focus panel) is characterized by inclusion of Environmental Impact Statements and (g) Integrated Multimedia Fate and candidates who possess the necessary Regulations; Availability of EPA Transport Modeling—food chain domains of knowledge, the relevant Comments focus scientific perspectives (which, among other factors, can be influenced by work (h) Integrated Modeling for Human and Availability of EPA comments Ecological Risk Assessments history and affiliation), and the collective breadth of experience to prepared pursuant to the Environmental (i) National Probabilistic Risk Review Process (ERP), under section Assessment using Monte Carlo-based adequately address the charge. Public responses to the Short List candidates 309 of the Clean Air Act and section Methods 102(2)(c) of the National Environmental (j) Properties of Chemicals and will be considered in the selection of the panel, along with information Policy Act as amended. Requests for Environmental Media copies of EPA comments can be directed (k) Nation-wide Risk Assessments provided by candidates and information gathered by EPA SAB Staff to the Office of Federal Activities at (l) Human toxicology (202) 564–7167. An explanation of the (m) Ecological toxicology independently on the background of each candidate (e.g., financial disclosure ratings assigned to draft environmental (n) Risk Communication impact statements (EISs) was published (o) Familiarity with hazardous waste information and computer searches to evaluate a nominee’s prior involvement in FR dated April 04, 2003 (68 FR regulations and remediation 16511). technologies. with the topic under review). Specific criteria to be used in evaluating an Final EISs 6. Process and Deadline for individual subcommittee member Submitting Nominations: Any interested include: (a) Scientific and/or technical ERP No. F–FHW–E40791–SC James E. person or organization may nominate expertise, knowledge, and experience Clyburn Connector Project, Construction qualified individuals to add expertise in (primary factors); (b) absence of of a Two-Lane Rural Roadway Northeast the above areas for the Panel. financial conflicts of interest; (c) of Orangeburg and Southwest of Sumter, Nominations should be submitted in scientific credibility and impartiality; Funding and US Army COE Section 404 electronic format through the Form for (d) availability and willingness to serve; Permit Issuance, Calhoun, Sumter and Nominating Individuals to Panels of the and (e) ability to work constructively Claredon Counties, SC. EPA Science Advisory Board provided and effectively in committees. Summary: EPA appreciates the on the SAB Web site. The form can be Short List candidates will also be responses to our comments regarding found at http://www.epa.gov/sab/ required to fill-out the ‘‘Confidential the draft EIS. However, EPA still has sab_panel_form.htm. To be considered, Financial Disclosure Form for Special environmental concerns regarding all nominations must include the Government Employees Serving on wetland and agricultural land impacts, information required on that form. Federal Advisory Committees at the traffic noise and the adequacy of Anyone who is unable to submit U.S. Environmental Protection Agency’’ mitigation for these impacts. nominations using this form may (EPA Form 3110–48). This confidential ERP No. F–FHW–K40251–CA Butte contact Ms. Kathleen White at the form, which is submitted by EPA SAB 70/149/99/191 Highway Improvement mailing address in the section above Members and Consultants, allows Project, Update State Route 149 to Four- entitled, FOR FURTHER INFORMATION Government officials to determine Lane Expressway from 70 North of CONTACT. Nominations should be whether there is a statutory conflict Oroville to Route 99 South of Chico, submitted in time to arrive no later than between that person’s public Funding, Right-of-Way Acquisition, and May 2, 2003. Any questions concerning responsibilities (which includes U.S. Army Section 404 Permit Issuance, either this process or any other aspects membership on an EPA Federal Butte County, CA. of the notice should be directed to Ms. advisory committee) and private Summary: EPA has continuing White. interests and activities, or the environmental concerns regarding the The EPA Science Advisory Board will appearance of a lack of impartiality, as potential cumulative impacts to vernal acknowledge receipt of the nomination defined by Federal regulation. The pools and the listed species they and inform nominators of the panel blank form may be viewed and support. EPA recommends that FHWA selected. From the nominees identified downloaded from the following URL prepare a more thorough cumulative by respondents to this Federal Register address: (http://www.epa.gov/sab/pdf/ impacts analysis in the future for notice (termed the ‘‘Widecast’’), SAB epaform3110–48.pdf). Subcommittee transportation projects in the Staff will develop a smaller subset members will likely be asked to attend Sacramento-Chico corridor. (known as the ‘‘Short List’’) for more two public face-to-face meetings and ERP No. F–FTA–K54026–NV Las detailed consideration. Criteria used by several public conference call meetings Vegas Resort Corridor Transportation
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Improvements, Funding, City of Las ENVIRONMENTAL PROTECTION VA, Wait Period Ends: May 12, 2003, Vegas, Clark County, NV. AGENCY Contact: Alec Gould, (757) 898–2404. Summary: EPA found that the final EIS No. 030153, Final EIS, AFS, ID, [ER–FRL–6639–2] EIS sufficiently discussed the Caribou National Forest Land and environmental impacts of the proposed Environmental Impact Statements; Resource Management Plan, project and incorporated all of EPA’s Notice of Availability Implementation Revised Forest Plan, previous recommendations. Bannock, Bear Lake. Bingham, Consequently, EPA lacks objections to Responsible Agency: Office of Federal Bonneville, Caribou, Franklin, Oneida the proposed project. Activities, General Information, (202) and Power Counties, Cache and Rich ERP No. F–MMS–L02028–AK 564–7167 or http://www.epa.gov/ Counties, UT, Lincoln County, WY, Beaufort Sea Planning Area Multiple compliance/nepa/. Wait Period Ends: May 12, 2003, Sale 186, 195 and 202 Oil and Gas Lease Weekly receipt of Environmental Impact Contact: Jerry B. Reese, (208) 557– Sales, Alaska Outer Continental Shelf, Statements 5761. Offshore Marine Environment, Beaufort Filed March 31, 2003 Through April 4, This document is available on the Sea Coastal Plain, and the North Slope 2003 Pursuant to 40 CFR 1506.9. Internet at: http://www.fs.fed.us/r4/ Borough of Alaska. EIS No. 030148, Final EIS, BLM, NV, caribou/. Summary: EPA continues to have Toquop Energy Project, Toquop Land EIS No. 030154, Draft EIS, FHW, UT, environmental objections due to Disposal Amendment to the Caliente Southern Corridor, Extending from I– potential impacts to subsistence Management Framework Plan (MFP), 15 at Reference Post 2 in St. George resources used by environmental justice Construction of a 1,100-megawatt to UT–9 near Hurricane, Endangered and Tribal communities. Subsequent (MW) Natural Gas-Fired Water-Cooled Species Act Review Section 7, Right- EISs addressing oil and gas exploration Electric Power Generating Plant and of-Way and U.S. Army Corps Section and development will need to Associated Features on Public Lands, 404 Permits, St. George, Washington significantly add information and Right-of-Way Grant, Lincoln, Clark and Hurricane, Washington County, protective measures if these activities and Washoe Counties, NV, Wait UT, Comment Period Ends: May 30, affect areas containing subsistence Period Ends: May 12, 2003, Contact: 2003, Contact: Gregory Punske, (801) resources. Dan Netcher (775) 289–1872. 963–0182. Amended Notices: EPR No. D–AFS– This document is available on the K65248–CA Rating EC2 North Fork Fire EIS No. 030155, Final EIS, FRC, OR, Internet at: http://www.fs.fed.us/r4/ North Umpqua Hydroelectric Project Salvage Project, Harvest Salvage, caribou/. Merchantable Timber Volume Sale and (FERC Project 1927), New License EIS No. 030149, Draft Supplement, Issuance for the existing 185.5- Sierra National Forest Land and BLM, NV, Millennium Expansion Resource Management Plan, megawatt (MW) Facility, North Project, Construct a New Facilities Umpqua River, Douglas County, OR, Implementation, Bass Lake Ranger and Expand Existing Gold Mining District, Madera County, CA. Wait Period Ends: May 12, 2003, Operations, Glamis Marigold Mine, Contact: John Smith, (202) 502–8972. Summary: EPA expressed Plan-of-Operations, Winnemucca, environmental concerns with potential EIS No. 030156, Draft EIS, DOD, NV, Humboldt County, NV, Comment TN, NJ, OH, IN, NY, UT, Mercury adverse impacts to water quality given Period Ends: June 5, 2003, Contact: the only action alternative does not Management Project, Select and Jeff Johnson, (775) 623–1500. Implement a Long-Term (i.e., 40 address consistency with EPA approved EIS No. 030150, Draft EIS, AFS, WI, water quality standards. EPA also Years) Management of the Defense Programmatic EIS—Cheguamegon- Stockpile of Elemental Mercury, expressed concerns that the DEIS fully Nicolet National Forests Revised Land evaluated just one action alternative. Hawthorne, NV; New Haven, IN; Oak and Resource Management Plan, Ridge, TN; Romulus, NY; Somerville, Revision of FR Notice Published on 3/ Implementation, Ashland, Bayfield, 28/2003: Correction of ERP Summary NJ; Tooele, UT; and Warren, OH, Florence, Forest, Langlade, Oconto, Comment Period Ends: July 10, 2003, Paragraph. Oneida, Price, Sawyer, Taylor and ERP No. D–BIA–k60034–CA Rating Contact: Dennis Lynch, (703) 767– Vilas Counties, CA, Comment Period 7609. EC2 Jamul Indian Village (Tribe) 101 Ends: July 11, 2003, Contact: Sally Acre Fee-to-Trust Transfer and Casino Hess-Samuelson, (715) 362–1384. This document is available on the Project, Implementation, San Diego Internet at: http:// This document is available on the County, CA. (www.mercuryeis.com). Internet at: http://www.lc.usbr.gov/ Summary: EPA expressed lcrivops/html. EIS No. 030157, Draft Supplement, AFS, environmental concerns regarding the CA, WA, OR, Northern Spotted Owl EIS No. 030151, Draft EIS, AFS, ID, project’s potential impacts to ground Project, Updated information to Upper and Lower East Fork Cattle and water from effluent disposal and how Amend Selected Portions of the Horse Allotment Management Plans, Best Management Practices and Aquatic Conservation Strategy, (Part To Update the Allotment Plans to mitigation would ensure compliance of the Northwest Forest Plan), Protect Allow Permitted Livestock Grazing, with EPA approved water quality and Restore Watersheds, CA, WA and National Forest System Lands standards. OR, Comment Period Ends: July 10, Sawthooth and Challis National Revision of FR Notice Published on 2003, Contact: Joyce Casey, (503) 326– Forests, Custer County, ID, Comment 03/28/2003: Correction of ERP Summary 2430. Paragraph. Period Ends: May 30, 2003, Contact: Carol Brown, (208) 727–5000. This document is available on the Dated: April 8, 2003. EIS No. 030152, Final EIS, NPS, VA, Internet at: http://www.reo.gov/acs/. Joseph C. Montgomery, Jamestown Project, Improvements at EIS No. 030158, Draft EIS, UAF, CA, Los Director, NEPA Compliance Division, Office the Jamestown unit of Colonial Angeles Air Force Base Land of Federal Activities. National Park and the Jamestown Conveyance, Construction and [FR Doc. 03–8948 Filed 4–10–03; 8:45 am] National Historic Site, Development Project, Transfer BILLING CODE 6560–50–P Implementation, James City County, Portions of Private Developer in
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Exchange for Construction of New EIS No. 030121, Draft EIS, COE, CA, providing this notification of an Seismically Stable Facilities, Cities of East Cliff Drive Bluff Protection and upcoming teleconference call meeting of El Sequndo and Hawthorne, Los Parkway Project, Evaluate the Environmental Engineering Angeles County, CA, Comment Period Alternatives for Coastal Bluff Erosion Committee (EEC) . Ends: May 27, 2003, Contact: Jason Protection, City of Santa Cruz, Santa The SAB was established by 42 U.S.C. Taylor, (310) 363–0142. Cruz County, CA, Comment Period 4365 to provide independent scientific This document is available on the End: May 12, 2003, Contact: Sarah and technical advice, consultation, and Internet at: http://www.pirniewest.com/ Cameron, (415) 977–8538. recommendations to the EPA LAAFB. Revision of FR Notice Published on 3/ Administrator on the technical basis for Agency positions and regulations. This EIS No. 030159, Final EIS, AFS, CA, 28/2003: EIS No. 0230121 has been Corrected to 030121. committee of the SAB will comply with North Fork Fire Salvage Project, the provisions of the Federal Advisory Harvest Salvage, Merchantable Dated: April 8, 2003. Committee Act (FACA) and all Timber Volume Sale and Sierra Joseph C. Montgomery, appropriate SAB policies and National Forest Land and Resource Director, NEPA Compliance Division, Office procedures. Management Plan, Implementation, of Federal Activities. During the public conference call Bass Lake Ranger District, Madera [FR Doc. 03–8949 Filed 4–10–03; 8:45 am] meeting, to take place at the date and County, CA, Wait Period Ends: May BILLING CODE 6560–50–P time noted above, the EEC will discuss 12, 2003, Contact: Michael Price, its proposals for self-initiated projects to (559) 877–2218. be considered by the SAB in FY 2004. EIS No. 030160, Final Supplement, ENVIRONMENTAL PROTECTION Self-initiated projects are scientific and AFS, UT, Griffin Springs Resource AGENCY technical projects proposed outside of Management Project, New the normal mechanism of Agency- [FRL–7482–4] Information concerning the Life requested consultations, advisories, and History and Analysis of Endangered, Science Advisory Board; Notification peer reviews. Such projects are intended Threatened, Candidate, Sensitive and of Public Advisory Committee Meeting to address critical needs for anticipatory Management Indicator Species, Dixie Environmental Engineering Committee or cross-cutting scientific and technical National Forest, Escalante Range (EEC) Conference Call advice. All SAB self-initiated projects District, Garfield County, UT, Wait will be evaluated by the SAB’s Period Ends: May 12, 2003, Contact: AGENCY: Environmental Protection Executive Committee (EC) during its David M. Keefe, (435) 826–5400. Agency (EPA). July 16–17, 2003 public meeting. EIS No. 030161, Draft Supplement, FTA, ACTION: Notice. 2. Availability of Meeting Materials: A NY, Second Avenue Subway Project, copy of the draft agenda for the meeting Improve Transit Access to SUMMARY: The Environmental Protection that is the subject of this notice will be Manhattan’s East Side and Reduce Agency (EPA), Science Advisory Board posted on the SAB Web site (http:// Excess Crowds on the Lexington (SAB), Environmental Engineering www.epa.gov/sab) (under the AGENDAs Avenue Subway, Metropolitan Committee (EEC) is announcing a subheading) approximately 10 days Transportation Authority (MTC) New planning teleconference meeting to before the conference call meeting. York City Transit (NYCT), New York, discuss several proposed self-initiated Other materials that may be available, NY, Comment Period Ends: June 10, projects for Fiscal Year 2004. such as draft proposals for SAB self- 2003, Contact: Irwin B. Kessman, DATES: The conference call meeting will initiated projects to be considered at the (212) 668–2177. take place on Wednesday, April 30, EEC conference call meeting will also be posted on the SAB Web site in this time- EIS No. 030162, Revised Draft EIS, DOE, 2003 from 11:30 p.m. to 1:30 p.m. frame, linked to the calendar entry for Hanford Site Solid (Radioactive and Eastern Standard Time. Participation will be by teleconference only. this meeting (http://www.epa.gov/sab/ Hazardous) Waste Program, New mtgcal.htm.) ADDRESSES: Information on Waste Management Members of the public who 3. Providing Oral or Written Alternatives, Waste Management wish to obtain the call-in number and Comments at SAB Meetings: It is the Practices Enhancement for Low-Level access code to participate must contact policy of the EPA Science Advisory Radioactive Waste, Mixed Low-Level Ms. Sandra Friedman, EPA Science Board (SAB) to accept written public Radioactive Waste and Transuranic Advisory Board Staff Office; telephone/ comments of any length, and to Waste, Richard, Benton County, WA, voice mail at (202) 564–2526 or via e- accommodate oral public comments Comment Period Ends: May 27, 2003, mail at [email protected] in whenever possible. The EPA SAB Contact: Michael S. Collins, (800) order to register. expects that public statements presented 426–4914. FOR FURTHER INFORMATION CONTACT: Any at its meetings will not be repetitive of Amended Notices member of the public wishing further previously submitted oral or written information about this conference call statements. Oral Comments: In general, EIS No. 030114, Draft EIS, NPS, AK, meeting should contact Ms. Kathleen each individual or group requesting an Glacier Bay National Park and White, Designated Federal Officer, by oral presentation at a face-to-face Preserve Vessel Quotas and Operating telephone/voice mail at (202) 564–4559 meeting will be limited to a total time Requirements for Cruise Ships and or via e-mail at [email protected]. of ten minutes (unless otherwise Tour, Charter, and Private Vessels, General information concerning the EPA indicated). For conference call meetings, Implementation, AK, Comment Period Science Advisory Board can be found opportunities for oral comment will Ends: May 14, 2003, Contact: Nancy on the EPA Web site at http:// usually be limited to no more than three Swanton, (907) 257–2651. www.epa.gov/sab. minutes per speaker and no more than Revision of FR Notice Published on 3/ SUPPLEMENTARY INFORMATION: 1. fifteen minutes total. Interested parties 31/2003: CEQ Comment Period Ending Summary: The U.S. Environmental should contact the Designated Federal 5/20/2003 has been Corrected to 5/14/ Protection Agency (EPA or Agency) Official (DFO) at least one week prior to 2003. Science Advisory Board (SAB) is the meeting in order to be placed on the
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public speaker list for the meeting. announces: (a) An upcoming meeting (b) The panel will be charged with Speakers may attend the meeting and and final list of panel members for the responding to the following questions provide comment up to the meeting Review of the Supplemental Guidance concerning the document to be time. Speakers should bring at least 35 for Assessing Cancer Susceptibility from reviewed. copies of their comments and Early-life Exposure to Carcinogens (a) The Agency seeks the Science presentation slides for distribution to (SGACS). Advisory Board’s review of the the reviewers and public at the meeting. DATES: The face-to-face meeting will soundness of the Agency’s position that Written Comments: Although the SAB take place May 12, 2003 from 1 PM to the existing scientific information and accepts written comments until the date 5 PM, and May 13 and 14, 2003 from 9 data support the conclusion that there is of the meeting (unless otherwise stated), to 5 PM (all times noted are Eastern greater susceptibility for the written comments should be received in Daylight Time). development of tumors as a result of the SAB Staff Office at least one week ADDRESS: The meeting will take place at exposures in early lifestages as prior to the meeting date so that the the Sheraton Crystal City, 1800 compared with adults to chemicals comments may be made available to the Jefferson-Davis Hwy, Arlington, VA acting through a mutagenic mode of review panel for their consideration. 22202 action. Are there any key studies that Comments should be supplied to the FOR FURTHER INFORMATION CONTACT: For the Agency has overlooked in reaching appropriate DFO at the address/contact this conclusion? information noted below in the general information about the meeting, (b) For chemicals acting through non- following formats: one hard copy with please contact Dr. Suhair Shallal, mutagenic modes of action, the Agency original signature, and one electronic Designated Federal Officer, by concludes that a range of approaches copy via e-mail (acceptable file format: telephone/voice mail at (202) 564–4566, needs to be developed over time for Adobe Acrobat, WordPerfect, Word, or by fax at (202) 501–0582; or via e-mail addressing cancer risks from childhood Rich Text files (in IBM–PC/Windows at [email protected]. General exposures. Please comment on the 95/98 format). Those providing written information concerning the EPA Science Agency’s conclusion that the scientific comments and who attend the meeting Advisory Board can be found on the knowledge and data are insufficient at are also asked to bring 35 copies of their EPA SAB Web site at: http:// www.epa.gov/sab. this time to develop generic guidance on comments for public distribution. how to address these chemicals and a Should comment be provided at the SUPPLEMENTARY INFORMATION: 1. case-by-case approach is more suitable. meeting and not in advance of the Notification of Public Meeting: The U.S. Is the SAB aware of any additional data meeting, they should be in-hand to the Environmental Protection Agency (EPA) for chemicals acting through non- DFO up to and immediately following Science Advisory Board (SAB) is mutagenic modes of action relevant to the meeting. providing notification of an upcoming possible early lifestage sensitivity? 4. Meeting Access—Participation in meeting and announcing the final this meeting is by teleconference only. membership of the SCAGS panel. (c) Assuming that it is appropriate to Pursuant to the Federal Advisory Individuals requiring special conclude that there is differential Committee Act, Public Law 92–463, accommodation to access this lifestage susceptibility to chemicals notice is hereby given that the teleconference meeting, should contact acting through a mutagenic mode of Supplemental Guidance for Assessing the DFO at least five business days prior action, the Agency’s guidance uses a Cancer Susceptibility (SGACS) panel of to the meeting so that appropriate default approach that adjusts cancer the US EPA Science Advisory Board arrangements can be made. slope factors (typically from (SAB) will meet to review the EPA’s conventional animal bioassays and/or Dated: April 7, 2003. Office of Research and Development epidemiologic studies of adult Vanessa T. Vu, draft document entitled ‘‘Supplemental exposure) to address the impact of early- Director, EPA Science Advisory Board Staff Guidance for Assessing Cancer lifestage exposure. Please comment on Office. Susceptibility From Early-Life Exposure the appropriateness of this approach. to Carcinogens’’. This document [FR Doc. 03–8957 Filed 4–10–03; 8:45 am] (d) When considering differential BILLING CODE 6560–50–P provides a possible approach for assessing cancer susceptibility from susceptibility, the Agency’s guidance early-life exposure to carcinogens. separates the potential susceptible ENVIRONMENTAL PROTECTION The purpose of this meeting is to period into two age groups, 0–2 years AGENCY allow contemporaneous public access to and 2–15 years. These groupings were the SGACS review panel’s deliberations based on biological considerations [FRL –7482–5 ] concerning the above-mentioned draft rather than exposure considerations. document. The meeting is open to the The first grouping, 0–2 years of age, is Science Advisory Board, meant to encompass a period of rapid Environmental Health Committee; public; however, seating is limited and available on a first come basis. The development and the second grouping, Notification of an Upcoming Meeting 2–15 years of age, was selected to and Final List of Panel Members for the meeting will be held at the times and dates and place specified above. A copy represent middle adolescence Review of the Supplemental Guidance approximately following the period of for Assessing Cancer Susceptibility of the draft agenda for the meeting will be posted on the SAB Web site rapid developmental changes during From Early-life Exposure to puberty. Please comment on the Carcinogens (SGACS) (http://www.epa.gov/sab) (under the AGENDAS subheading) approximately appropriateness of these age groupings AGENCY: Environmental Protection 10 days before the meeting. with respect to susceptible lifestages Agency (EPA). For more information regarding the given the current knowledge. ACTION: Notice. background on this advising activity, (e) The Guidance provides a please refer to the Federal Register, 68 quantitative approach to account for the SUMMARY: The Environmental Protection FR 10240, published on March 4, 2003 greater susceptibility of early-life Agency (EPA), Science Advisory Board or the SAB Web site at http:// exposure to chemicals that act through (SAB), a Federal Advisory Committee, www.epa.gov/sab/panels/sgacs.html. a mutagenic mode of action. An
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adjustment factor of 10 is applied to the should contact the DFO at least one Dated: April 7, 2003. cancer slope factor (derived from animal week prior to the meeting in order to be Vanessa T. Vu, or epidemiology studies) for exposures placed on the public speaker list for the Director, EPA Science Advisory Board. before 2 years of age, a factor of 3 is meeting. Speakers may attend the [FR Doc. 03–8958 Filed 4–10–03; 8:45 am] applied for ages between 2 and 15 years, meeting and provide comment up to the BILLING CODE 6560–50–P and no adjustment after the age of 15. meeting time. Speakers should bring at Please comment on the appropriateness least 35 copies of their comments and of these adjustment factors based on the presentation slides for distribution to ENVIRONMENTAL PROTECTION analysis of available data. the reviewers and public at the meeting. AGENCY (f) The Agency recognizes that Written Comments: Although the SAB consideration of children’s risk is a [FRL–7481–6] accepts written comments until the date rapidly developing area and, therefore, Office of Research and Development; the Agency intends to issue future of the meeting (unless otherwise stated), written comments should be received in Board of Scientific Counselors, guidance that will further refine the Executive Committee Meeting present guidance and possibly address the SAB Staff Office at least one week other modes of action as data become prior to the meeting date so that the AGENCY: Environmental Protection available. The Agency welcomes the comments may be made available to the Agency (EPA). SAB’s recommendations on other modes review panel for their consideration. ACTION: Notice of meeting. of action that may be most fruitful to Comments should be supplied to the assess in similar future analyses. DFO at the address/contact information SUMMARY: The Board of Scientific (g) The analysis presented in the noted in the opening of this notice in Counselors for the U.S. EPA has current Guidance relies on neonatal and the following formats: one hard copy convened a Communications ad hoc early-life exposure studies. Can the SAB with original signature, and one subcommittee to examine how recommend how to best incorporate electronic copy via e-mail (acceptable effectively EPA Office of Research and Development (ORD) funded research data from transplacental or in utero file format: Adobe Acrobat, results are currently communicated, exposure studies into future analyses? WordPerfect, Word, or Rich Text files (h) The Agency welcomes the SAB’s both within and beyond the agency, and (in IBM–PC/Windows 95/98 format). recommendations on critical data needs how they might be more effectively Those providing written comments and that will facilitate the development of communicated. The immediate goal of future guidance addressing differential who attend the meeting are also asked the subcommittee effort is to help EPA/ lifestage susceptibility. to bring 35 copies of their comments for ORD more effectively disseminate Availability of Review Materials: public distribution. Should comment be ORD’s research products, to explain Documents that are the subject of SAB provided at the meeting and not in their significance, and to assist others reviews or consultations are normally advance of the meeting, they should be inside and outside the agency in available from the originating EPA office in-hand to the DFO up to and applying them. To this end, on May 15, and are not available from the SAB immediately following the meeting. The 2003, the BOSC meeting will include Office. The materials for this review are SAB allows a grace period of 48 hours two sessions devoted to communication available from the Office of Research after adjournment of the public meeting of research results. The morning session and Development’s National Center for to provide written comments supporting will include presentations from ORD Environmental Assessment, Risk any verbal comments stated at the labs and centers of a handful of their Assessment Forum Web site, located at: public meeting to be made a part of the best practices in this regard. The http://cfpub.epa.gov/ncea/raf/ public record. afternoon session will include index.cfm. For questions and 2. Meeting Access: Individuals presentations of best practices from a information concerning the materials, small sample of other organizations and requiring special accommodation at this please contact Dr. William P. Wood, agencies. Both sessions will include meeting, including wheelchair access to U.S. Environmental Protection Agency, discussions of related communications 1200 Pennsylvania Ave, NW., the conference room, should contact Ms. issues, including (but not limited to) Washington, DC 20460; tel. (202) 564– Sandra Friedman defining communication goals, audience 3361, or e-mail: [email protected]. ([email protected]) or by identification, criteria for evaluating Providing Oral or Written Comments telephone/voice mail at (202) 564–2526 efforts to communicate research results, at SAB Meetings—It is the policy of the at least five business days prior to the and factors that affect their success. EPA Science Advisory Board (SAB) to meeting date so that appropriate DATES: On Thursday, May 15, the accept written public comments of any arrangements can be made. meeting will begin at 8 a.m. and recess length, and to accommodate oral public 3. Final List of panel members: The at 5:30 p.m. and on Friday, May 16, comments whenever possible. The EPA SAB Staff Office will post the names 2003, the meeting will reconvene at 8:30 SAB expects that public statements and biosketches for members of the a.m. and will adjourn at approximately presented at its meetings will not be review Panel on the SAB Web site at: 3:30 p.m. All times noted are eastern repetitive of previously submitted oral http://www.epa.gov/sab/panels/ time. or written statements. Oral Comments: In general, each individual or group sgacsrp.html along with the ‘‘Panel ADDRESSES: The Meeting will be held at requesting an oral presentation at a face- Selection’’ document that outlines the the Lowe’s L’Enfant Plaza Hotel, 480 to-face meeting will be limited to a total issues that were considered in selecting L’Enfant Plaza, SW., Washington, DC time of ten minutes (unless otherwise this panel at least 10 days prior to the 20024. indicated) and no more than one hour first meeting, a teleconference SUPPLEMENTARY INFORMATION: Anyone total. For teleconference meetings, scheduled for April 24, 2003 as desiring a draft BOSC agenda may fax opportunities for oral comment will previously announced in the Federal their request to Shirley R Hamilton usually be limited to no more than three Register on March 4, 2003 (refer to 68 (202) 565–2444. The meeting is open to minutes per speaker and no more than FR 10240). the public. Any member of the public fifteen minutes total. Interested parties wishing to make a presentation at the
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meeting should contact Shirley I. General Information restricted by statute, which is not Hamilton, Designated Federal Officer, included in the official public docket, A. Does this Action Apply to Me? Office of Research and Development will not be available for public viewing (8701R), 1200 Pennsylvania Avenue, This action is directed to the public in EPA’s electronic public docket. EPA’s NW., Washington, DC 20460; or by in general. This action may, however, be policy is that copyrighted material will telephone at (202) 564–6853. In general, of interest to those persons who are not be placed in EPA’s electronic public each individual making an oral interested in biochemical pesticides or docket but will be available only in presentation will be limited to a total of may be required to conduct testing of printed, paper form in the official public three minutes. chemical substances under the Federal docket. To the extent feasible, publicly Food, Drug, and Cosmetic Act (FFDCA) FOR FURTHER INFORMATION CONTACT: available docket materials will be made or the Federal Insecticide, Fungicide, Shirley R. Hamilton, Designated Federal available in EPA’s electronic public and Rodenticide Act (FIFRA). Since Officer, U.S. Environmental Protection docket. When a document is selected other entities may also be interested, the Agency, Office of Research and from the index list in EPA Dockets, the Agency has not attempted to describe all Development, National Center for system will identify whether the the specific entities that may be affected Environmental Research (MC 8701R), document is available for viewing in by this action. If you have any questions 1200 Pennsylvania Avenue, NW., EPA’s electronic public docket. regarding the applicability of this action Washington, DC 20460, (202) 564–6853. Although not all docket materials may to a particular entity, consult the person be available electronically, you may still Dated: April 4, 2003. listed under FOR FURTHER INFORMATION access any of the publicly available John C. Puzak, CONTACT. docket materials through the docket Acting Director, National Center for B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA Environmental Research. Document and Other Related intends to work towards providing [FR Doc. 03–8952 Filed 4–10–03; 8:45 am] Information? electronic access to all of the publicly BILLING CODE 6560–50–P available docket materials through 1. Docket. EPA has established an EPA’s electronic public docket. official public docket for this action For public commenters, it is ENVIRONMENTAL PROTECTION under docket identification (ID) number important to note that EPA’s policy is AGENCY OPP–2003–0107. The official public that public comments, whether docket consists of the documents submitted electronically or in paper, [OPP–2003–0107; FRL–7300–2] specifically referenced in this action, will be made available for public any public comments received, and viewing in EPA’s electronic public Experimental Use Permit; Receipt of other information related to this action. docket as EPA receives them and Application Although a part of the official docket, without change, unless the comment the public docket does not include AGENCY: Environmental Protection contains copyrighted material, CBI, or Agency (EPA). Confidential Business Information (CBI) other information whose disclosure is or other information whose disclosure is restricted by statute. When EPA ACTION: Notice. restricted by statute. The official public identifies a comment containing SUMMARY: This notice announces receipt docket is the collection of materials that copyrighted material, EPA will provide of an application 75015–EUP–G from is available for public viewing at the a reference to that material in the Nutra-Park Inc. requesting an Public Information and Records version of the comment that is placed in experimental use permit (EUP) for the Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The NPI 100 10EC growth regulator. The Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the Agency has determined that the Hwy., Arlington, VA. This docket copyrighted material, will be available application may be of regional and facility is open from 8:30 a.m. to 4 p.m., in the public docket. national significance. Therefore, in Monday through Friday, excluding legal Public comments submitted on accordance with 40 CFR 172.11(a), the holidays. The docket telephone number computer disks that are mailed or Agency is soliciting comments on this is (703) 305–5805. delivered to the docket will be application. 2. Electronic access. You may access transferred to EPA’s electronic public this Federal Register document docket. Public comments that are DATES: Comments, identified by docket electronically through the EPA Internet mailed or delivered to the docket will be ID number OPP–2003–0107, must be under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic received on or before May 12, 2003. http://www.epa.gov/fedrgstr/. public docket. Where practical, physical ADDRESSES: Comments may be An electronic version of the public objects will be photographed, and the submitted electronically, by mail, or docket is available through EPA’s photograph will be placed in EPA’s through hand delivery/courier. Follow electronic public docket and comment electronic public docket along with a the detailed instructions as provided in system, EPA Dockets. You may use EPA brief description written by the docket Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ staff. INFORMATION. to submit or view public comments, access the index listing of the contents C. How and To Whom Do I Submit FOR FURTHER INFORMATION CONTACT: of the official public docket, and to Comments? Carol E. Frazer, Biopesticides and access those documents in the public You may submit comments Pollution Prevention Division (7511C), docket that are available electronically. electronically, by mail, or through hand Office of Pesticide Programs, Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper Environmental Protection Agency, 1200 then key in the appropriate docket ID receipt by EPA, identify the appropriate Pennsylvania Ave., NW., Washington, number. docket ID number in the subject line on DC 20460–0001; telephone number: Certain types of information will not the first page of your comment. Please (703) 308–8810; e-mail address: be placed in the EPA Dockets. ensure that your comments are [email protected]. Information claimed as CBI and other submitted within the specified comment SUPPLEMENTARY INFORMATION: information whose disclosure is period. Comments received after the
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close of the comment period will be iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that possible. consider these late comments. If you you mail to the mailing address 2. Describe any assumptions that you wish to submit CBI or information that identified in Unit I.C.2. These electronic used. is otherwise protected by statute, please submissions will be accepted in follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid 3. Provide copies of any technical not use EPA Dockets or e-mail to submit the use of special characters and any information and/or data you used that CBI or information protected by statute. form of encryption. support your views. 1. Electronically. If you submit an 2. By mail. Send your comments to: 4. If you estimate potential burden or electronic comment as prescribed in this Public Information and Records costs, explain how you arrived at the unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office estimate that you provide. your name, mailing address, and an e- of Pesticide Programs (OPP), 5. Provide specific examples to mail address or other contact Environmental Protection Agency, 1200 illustrate your concerns. information in the body of your Pennsylvania Ave., NW., Washington, 6. Offer alternative ways to improve comment. Also include this contact DC 20460–0001, Attention: Docket ID the notice. information on the outside of any disk Number OPP–2003–0107. or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver 7. Make sure to submit your cover letter accompanying the disk or your comments to: Public Information comments by the deadline in this CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), document. identified as the submitter of the Office of Pesticide Programs (OPP), 8. To ensure proper receipt by EPA, comment and allows EPA to contact you Environmental Protection Agency, Rm. be sure to identify the docket ID number in case EPA cannot read your comment 119, Crystal Mall #2, 1921 Jefferson assigned to this action in the subject due to technical difficulties or needs Davis Hwy., Arlington, VA, Attention: line on the first page of your response. further information on the substance of Docket ID Number OPP–2003–0107. You may also provide the name, date, your comment. EPA’s policy is that EPA Such deliveries are only accepted and Federal Register citation. will not edit your comment, and any during the docket’s normal hours of II. Background identifying or contact information operation as identified in Unit I.B.1. provided in the body of a comment will Nutra-Park Inc., 3230 Deming Way, be included as part of the comment that D. How Should I Submit CBI To the Agency? Suite 125, Middleton, WI 53525, has is placed in the official public docket, applied for an EUP for field testing of and made available in EPA’s electronic Do not submit information that you a new end-use product of the public docket. If EPA cannot read your consider to be CBI electronically biochemical pesticide comment due to technical difficulties through EPA’s electronic public docket lysophosphatidylethanolamine (LPE). and cannot contact you for clarification, or by e-mail. You may claim This active ingredient has been given an EPA may not be able to consider your information that you submit to EPA as exemption from the requirement for a comment. CBI by marking any part or all of that tolerance (40 CFR 180.1199) and the i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI registrant wishes to continue testing it electronic public docket to submit on disk or CD ROM, mark the outside in a new formulation to evaluate its use comments to EPA electronically is of the disk or CD ROM as CBI and then as a growth regulator to enhance EPA’s preferred method for receiving identify electronically within the disk or ripening and shelf-life of various food comments. Go directly to EPA Dockets CD ROM the specific information that is commodities. Testing of 2,244 gallons of at http://www.epa.gov/edocket, and CBI). Information so marked will not be NPI 100 10EC containing 224.40 gallons follow the online instructions for disclosed except in accordance with of LPE will occur in nine states: submitting comments. Once in the procedures set forth in 40 CFR part 2. Arizona, California, Florida, Georgia, system, select ‘‘search,’’ and then key in In addition to one complete version of Massachusetts, Oregon, South Carolina, docket ID number OPP–2003–0107. The the comment that includes any Washington, and Wisconsin. Total system is an ‘‘anonymous access’’ information claimed as CBI, a copy of acreage is 5,100. system, which means EPA will not the comment that does not contain the III. What Action is the Agency Taking? know your identity, e-mail address, or information claimed as CBI must be other contact information unless you submitted for inclusion in the public Following the review of the Nutra- provide it in the body of your comment. docket and EPA’s electronic public Park Inc. application and any comments ii. E-mail. Comments may be sent by docket. If you submit the copy that does and data received in response to this e-mail to [email protected], not contain CBI on disk or CD ROM, notice, EPA will decide whether to issue Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM or deny the EUP request for this EUP 2003–0107. In contrast to EPA’s clearly that it does not contain CBI. program, and if issued, the conditions electronic public docket, EPA’s e-mail Information not marked as CBI will be under which it is to be conducted. Any system is not an ‘‘anonymous access’’ included in the public docket and EPA’s issuance of an EUP will be announced system. If you send an e-mail comment electronic public docket without prior in the Federal Register. directly to the docket without going notice. If you have any questions about through EPA’s electronic public docket, CBI or the procedures for claiming CBI, IV. What is the Agency’s Authority for EPA’s e-mail system automatically please consult the person listed under Taking this Action? captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. The Agency’s authority for taking this addresses that are automatically E. What Should I Consider as I Prepare action is under FIFRA section 5. captured by EPA’s e-mail system are My Comments for EPA? included as part of the comment that is List of Subjects placed in the official public docket, and You may find the following made available in EPA’s electronic suggestions helpful for preparing your Environmental protection, public docket. comments: Experimental use permits.
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Dated: April 2, 2003. SUPPLEMENTARY INFORMATION: public record, generally composed of Janet L. Andersen, OMB Control No.: 3060–0454. the petition and comments. The Director, Biopesticides and Pollution Title: Regulation of International Commission has considered a number of Prevention Division, Office of Pesticide Accounting Rates. preemption items since the passage of Programs. Form No.: N/A. the Telecommunication Act of 1996, [FR Doc. 03–8825 Filed 4–10–03; 8:45 am] Type of Review: Extension of a and believes it in the public interest to BILLING CODE 6560–50–S currently approved collection. inform the public of the information Respondents: Business or other for- necessary to support its full profit. consideration of the issues likely to be FEDERAL COMMUNICATIONS Number of Respondents: 20 involved in preemption actions. COMMISSION respondents; 760 responses (20 carriers Federal Communications Commission. will file information for 38 routes Marlene H. Dortch, annually). Notice of Public Information Secretary. Collection(s) Being Reviewed by the Estimated Time per Response: 1 hour. [FR Doc. 03–8855 Filed 4–10–03; 8:45 am] Federal Communications Commission Frequency of Response: On occasion, annual and one-time reporting BILLING CODE 6712–01–P April 1, 2003. requirement. SUMMARY: The Federal Communications Total Annual Burden: 760 hours. FEDERAL COMMUNICATIONS Commission, as part of its continuing Total Annual Cost: $7,000. COMMISSION effort to reduce paperwork burden Needs and Uses: The Commission invites the general public and other implemented rules to make it easier for Federal agencies to take this Notice of Public Information U.S. carriers engaged in international Collection(s) Being Reviewed by the opportunity to comment on the telecommunications services to following information collection(s), as Federal Communications Commission negotiate lower accounting rates. for Extension Under Delegated required by the Paperwork Reduction Reductions and changes are subject to Act of 1995, Pub. L. 104–13. An agency Authority 5 CFR 1320 Authority, the International Settlements Policy Comments Requested may not conduct or sponsor a collection approach. The Commission uses the of information unless it displays a information as a method to monitor the April 1, 2003. currently valid control number. No international accounting rates to insure SUMMARY: The Federal Communications person shall be subject to any penalty that the public interest is being served Commission, as part of its continuing for failing to comply with a collection and also to enforce Commission policies effort to reduce paperwork burden of information subject to the Paperwork and rules. The information enables the invites the general public and other Reduction Act (PRA) that does not agency to preclude one-way bypass and Federal agencies to take this display a valid control number. safeguard of its international policy. opportunity to comment on the Comments are requested concerning (a) OMB Control No.: 3060–0859. following information collection(s), as whether the proposed collection of required by the Paperwork Reduction information is necessary for the proper Title: Suggested Guidelines for Petitions for Ruling Under Section 253 Act of 1995, Public Law 104–13. An performance of the functions of the agency may not conduct or sponsor a Commission, including whether the of the Communications Act. Form No.: N/A. collection of information unless it information shall have practical utility; displays a current valid control number. (b) the accuracy of the Commission’s Type of Review: Extension of a currently approved collection. No person shall be subject to any burden estimate; (c) ways to enhance penalty for failing to comply with a the quality, utility, and clarity of the Respondents: Business or other for- profit. collection of information subject to the information collected; and (d) ways to Paperwork Reduction Act (PRA) that minimize the burden of the collection of Number of Respondents: 80. Estimated Time Per Response: 63–125 does not display a valid control number. information on the respondents, Comments are requested concerning (a) including the use of automated hours. Frequency of Response: On occasion whether the proposed collection of collection techniques or other forms of information is necessary for the proper information technology. reporting requirement. Total Annual Burden: 6,280 hours. performance of the functions of the DATES: Written comments should be Total Annual Cost: N/A. Commission, including whether the submitted on or before May 12, 2003. If Needs and Uses: Section 253 of the information shall have practical utility; you anticipate that you will be Communications Act of 1934, as (b) the accuracy of the Commission’s submitting comments, but find it amended, 47 U.S.C. 253, requires the burden estimate; (c) ways to enhance difficult to do so within the period of Commission, with certain important the quality, utility, and clarity of the time allowed by this notice, you should exceptions, to preempt the enforcement information collected; and (d) ways to advise the contact listed below as soon of any state or local statute or minimize the burden of the collection of as possible. regulation, or other state or local legal information on the respondents, ADDRESSES: Direct all comments to requirement (to the extent necessary) including the use of automated Judith B. Herman, Federal that prohibits or has the effect of collection techniques or other forms of Communications Commission, Room 1– prohibiting the ability of any entity to information technology. C804, 445 12th Street, SW., DC 20554 or provide any interstate or intrastate DATES: Written comments should be via the Internet to Judith- telecommunications service. The submitted on or before June 10, 2003. If [email protected]. Commission’s consideration of you anticipate that you will be FOR FURTHER INFORMATION CONTACT: For preemption begins with the filing of a submitting comments, but find it additional information or copies of the petition by an aggrieved party. The difficult to do so within the period of information collection(s), contact Judith petition is placed on public notice and time allowed by this notice, you should B. Herman at 202–418–0214 or via the commented on by others. The advise the contact listed below as soon Internet at [email protected]. Commission’s decision is based on the as possible.
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ADDRESSES: Direct all comments to Les written consent has been received from Act of 1956 (12 U.S.C. 1841 et seq.) Smith, Federal Communications the licensee of that station whose (BHC Act), Regulation Y (12 CFR Part Commission, Room 1–A804, 445 12th programs are retransmitted. The FCC 225), and all other applicable statutes Street, SW., Washington, DC 20554, or staff uses the data to update records and and regulations to become a bank via the Internet to [email protected]. to assure compliance with FCC rules holding company and/or to acquire the FOR FURTHER INFORMATION CONTACT: For and regulations. assets or the ownership of, control of, or additional information or copies of the Federal Communications Commission. the power to vote shares of a bank or information collection(s) contact Les Marlene H. Dortch, bank holding company and all of the banks and nonbanking companies Smith at 202–418–0217 or via the Secretary. owned by the bank holding company, Internet at [email protected]. [FR Doc. 03–8856 Filed 4–10–03; 8:45 am] including the companies listed below. SUPPLEMENTARY INFORMATION: BILLING CODE 6712–01–P OMB Control Number: 3060–0157. The applications listed below, as well Title: Section 73.99, Presunrise as other related filings required by the Board, are available for immediate Service Authorization (PSRA) and FEDERAL RESERVE SYSTEM Postsunset Service Authorization inspection at the Federal Reserve Bank (PSSA). Change in Bank Control Notices; indicated. The application also will be available for inspection at the offices of Form Number: None. Acquisition of Shares of Bank or Bank the Board of Governors. Interested Type of Review: Extension of Holding Companies persons may express their views in currently approved collection. The notificants listed below have writing on the standards enumerated in Respondents: Business or other for- applied under the Change in Bank the BHC Act (12 U.S.C. 1842(c)). If the profit. Control Act (12 U.S.C. 1817(j)) and proposal also involves the acquisition of Number of Respondents: 200. § 225.41 of the Board’s Regulation Y (12 a nonbanking company, the review also Estimated time per response: 0.25 CFR 225.41) to acquire a bank or bank includes whether the acquisition of the hours. holding company. The factors that are nonbanking company complies with the Total annual burden: 50. considered in acting on the notices are standards in section 4 of the BHC Act Total annual costs: $10,000. set forth in paragraph 7 of the Act (12 (12 U.S.C. 1843). Unless otherwise Needs and Uses: 47 CFR section U.S.C. 1817(j)(7)). noted, nonbanking activities will be 73.99(e) requires the licensee of an AM The notices are available for conducted throughout the United States. broadcast station intending to operate immediate inspection at the Federal Additional information on all bank with a presunrise or postsunset service Reserve Bank indicated. The notices holding companies may be obtained authorization to submit by letter the also will be available for inspection at from the National Information Center licensee’s name, call letters, location, the office of the Board of Governors. Web site at www.ffiec.gov/nic/. the intended service, and a description Interested persons may express their Unless otherwise noted, comments of the method whereby any necessary views in writing to the Reserve Bank regarding each of these applications power reduction will be achieved. Upon indicated for that notice or to the offices must be received at the Reserve Bank submission of this information, of the Board of Governors. Comments indicated or the offices of the Board of operation may begin without further must be received not later than April 28, Governors not later than May 7, 2003. authority. The FCC staff uses the letter 2003. A. Federal Reserve Bank of New to maintain complete technical A. Federal Reserve Bank of Chicago York (Betsy Buttrill White, Senior Vice information about the station to ensure (Phillip Jackson, Applications Officer) President) 33 Liberty Street, New York, that the licensee is in full compliance 230 South LaSalle Street, Chicago, New York 10045–0001: with the Commission’s rules and will Illinois 60690–1414: not cause interference to other stations. 1. Commerce Bancorp Rabbi Trust, 1. Woori Finance Holdings, Co., Ltd., Seoul, Korea; to become a bank holding OMB Number: 3060–0342. Berkeley, Illinois; to increase ownership of Commerce Bancorp, Inc., Berkeley, company and retain its interest in Woori Title: Section 74.1284, Rebroadcasts. America Bank, New York, New York. Form Number: None. Illinois, and thereby indirectly acquire control of National Bank of Commerce, Comments on this application must be Type of Review: Extension of received by April 18, 2003. currently approved collection. Berkeley, Illinois. B. Federal Reserve Bank of St. Louis Respondents: Business or other for- Board of Governors of the Federal Reserve System, April 7, 2003. (Randall C. Sumner, Vice President) 411 profit entities. Locust Street, St. Louis, Missouri Robert deV. Frierson, Number of Respondents: 100. 63166–2034: Estimated time per response: 1 hour. Deputy Secretary of the Board. 1. FCB Financial Services, Inc., Total annual burden: 100 hours. [FR Doc. 03–8869 Filed 4–10–03; 8:45 am] Marion, Arkansas; to become a bank Total annual costs: $0. BILLING CODE 6210–01–S holding company by acquiring 100 Needs and Uses: 47 CFR section percent of First Community Bank of 74.1284 requires that the licensee of an Eastern Arkansas, Marion, Arkansas. FM translator station obtain prior FEDERAL RESERVE SYSTEM consent from the primary FM broadcast Board of Governors of the Federal Reserve Formations of, Acquisitions by, and System, April 7, 2003. station or other FM translator before Mergers of Bank Holding Companies rebroadcasting their programs. In Robert deV. Frierson, addition, the licensee must notify the The companies listed in this notice Deputy Secretary of the Board. Commission of the call letters of each have applied to the Board for approval, [FR Doc. 03–8868 Filed 4–10–03; 8:45 am] station rebroadcast and certify that pursuant to the Bank Holding Company BILLING CODE 6210–01–S
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FEDERAL RESERVE SYSTEM SUPPLEMENTARY INFORMATION: On application. They also ask that the September 5, 2002, the Board of agencies coordinate supervisory [Docket No. R–1128] Governors of the Federal Reserve expectations with each other and with System, Office of the Comptroller of the other regulatory authorities as necessary DEPARTMENT OF THE TREASURY Currency, and the Securities and to assure a consistent approach. Exchange Commission published for There was broad consensus with the Office of the Comptroller of the comment a Draft Interagency White goal of ensuring that key organizations Currency Paper on Sound Practices to Strengthen in critical financial markets are able to [Docket No. 03–05] the Resilience of the U.S. Financial recover clearing and settlement System.1 The draft white paper activities in the event of a wide-scale SECURITIES AND EXCHANGE emphasized the criticality of protecting disruption as rapidly as possible. COMMISSION the financial system from serious new Commenters agree with the definitions risks posed in the post-September 11 of critical financial markets and critical [Release No. 34–47638; File No. S7–32–02] environment and described a series of activities, but ask that the agencies make sound practices that were identified by clear that the sound practices apply to Interagency Paper on Sound Practices industry participants during a series of back-office operations and not to trading To Strengthen the Resilience of the interviews and meetings with the activities or retail products. They also U.S. Financial System agencies. Approximately 90 comment believe that the description of core AGENCIES: Board of Governors of the letters were submitted to one or more of clearing and settlement organizations is Federal Reserve System; Office of the the agencies by clearing and settlement sufficient. Commenters ask for Comptroller of the Currency; and system operators; banking organizations; additional guidance to assist in Securities and Exchange Commission. investment banking firms; industry identifying firms that play significant associations; technology companies; roles in critical financial markets and ACTION: Issuance of interagency paper. Federal, State and local officials; and generally agree that a market share SUMMARY: The Federal Reserve Board other interested parties and are benchmark should be established; a few (Board), the Office of the Comptroller of summarized below. After reviewing the commenters recommend adopting a the Currency (OCC) and the Securities comments and continuing their dialogue dollar volume benchmark. A few and Exchange Commission (SEC) are with interested persons, the agencies are commenters suggest that benchmarks publishing an Interagency Paper on issuing this revised final interagency should vary by market based on the Sound Practices to Strengthen the paper. amount of concentration of key Resilience of the U.S. Financial System. The sound practices identified in the participants in the critical financial The Federal Reserve Bank of New York paper are intended to supplement the markets. Some commenters note the also participated in drafting the paper. agencies’ respective policies and other importance of firms being able to self- The paper identifies three new business guidance on business continuity determine whether they fall into a continuity objectives that have special planning by financial institutions. The particular category for a critical importance in the post-September 11 sound practices focus on establishing financial market, while others ask that risk environment for all financial firms. robust back-up facilities for those back- the agencies contact organizations that The paper also identifies four sound office activities necessary to recover appear to meet the definition for core clearing and settlement organizations or practices to ensure the resilience of the clearance and settlement activities for the wholesale financial system in times firms that play significant roles in U.S. financial system, which focus on of serious disruption and therefore do critical markets. Several commenters minimizing the immediate systemic not address issues relating to trading acknowledge that the sound practices effects of a wide-scale disruption on operations or to retail financial services. would effectively raise market critical financial markets. The agencies The agencies are not recommending that expectations with respect to the expect organizations that fall within the firms move their primary offices, resilience of all financial firms. scope of this paper to adopt the sound primary operating sites, or primary data A number of commenters state that practices within the specified centers out of metropolitan locations. the description of a wide-scale, regional implementation timeframes, as The agencies expect organizations that disruption should include parameters described in more detail in the paper. fall within the scope of this paper to for a range of probable events (e.g., FOR FURTHER INFORMATION CONTACT: adopt the sound practices within the power disruption, natural disaster) and Board: Jeffrey Marquardt, Associate specified implementation timeframes, as include the expected duration of the Director, Division of Reserve Bank described in more detail in the paper. outage (e.g., 5, 10, or 30 days). Other Operations and Payment Systems (202) commenters note that such specification 452–2360; or Angela Desmond, Summary of Comments is unnecessary. Assistant Director, Division of Banking The commenters generally support The commenters agree that a within- Supervision and Regulation (202) 452– the agencies’ efforts to improve the the-business-day recovery and 3497. resilience of the financial markets and resumption objective for core clearing OCC: Ralph Sharpe, Deputy agree with the goals outlined in the draft and settlement organizations is Comptroller for Bank Technology (202) white paper. Most commenters agree appropriate and acknowledge that a 874–4572; or Aida Plaza Carter, with the sound practices in principle, two-hour recovery time objective is an Director, Bank Information Technology but propose a number of modifications achievable goal, although somewhat Operations (202) 874–4740. and clarifying changes to the document. aggressive for some because of the SEC: Robert Colby, Deputy Director, In general, the commenters prefer that volume and complexity of transaction Division of Market Regulation (202) the agencies retain a ‘‘sound practices data involved. There is general 942–0094; David Shillman, Counsel to paper format’’ rather than adopt a consensus that the end-of-business-day the Director, Division of Market regulatory approach that could be recovery objective is achievable for Regulation (202) 942–0072; or Peter susceptible to a ‘‘one size fits all’’ firms that play significant roles in Chepucavage, Attorney Fellow, Division critical markets, although many state of Market Regulation (202) 942–0163. 1 67 FR 56835, September 5, 2002. that this is possible only if firms are able
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to utilize synchronous data storage needs sufficient to recover from a wide- plans to assess progress. Some technologies, which can limit the extent scale disruption, but should not be commenters assert that the incremental of geographic separation between required to maintain a separate cost of achieving the sound practices primary and back-up sites. A number of redundant staff at their back-up should be subsidized, all or in part, by commenters note that a recovery time locations, which would be costly and the government. objective of four hours is unrealistic inefficient. Others advocate maintaining The agencies have incorporated many unless core clearing and settlement a back-up site with staff able to perform of the suggestions that were made by the organizations and the critical clearing and settlement activities commenters. The revised paper is more telecommunications infrastructure are routinely (through two or more active succinct, and generally provides more operating. 2 Some commenters suggest production sites) or on an emergency flexibility to firms in managing that recovery and resumption time basis (e.g., through cross-training staff). geographic diversity of back-up objectives should vary by type of Commenters state that permitting firms facilities, staffing arrangements, and market. Other commenters note that to adopt a risk-based approach to cost-benefit considerations. It also further guidance on the definitions of an planning geographically dispersed back- provides more specificity as to the scope ‘‘event’’ and ‘‘end-of-business day’’ is up arrangements would allow of application of the sound practices as needed to help ensure meaningful institutions to focus on those scenarios well as the implementation guidelines. recovery and resumption time that pose the greatest threat and manage No specific mileage requirements or objectives. labor needs more effectively. technology solutions are mandated. A number of commenters support the Most commenters agree that routine Accordingly, the agencies are issuing concept of establishing back-up sites for use or testing of back-up facilities is this final version of the interagency operations and data centers that do not necessary and beneficial to ensure paper on sound practices to strengthen rely on the same infrastructure and financial system viability. They also the resilience of the U.S. financial other risk elements as primary sites and suggest that testing should be ‘‘end-to- system. note that such diversification of risk is end’’ involving telecommunication a long-standing principle of business firms, third-party service providers, and Interagency Paper on Sound Practices continuity planning for financial firms. securities exchanges. To Strengthen the Resilience of the U.S. Most commenters oppose establishing A majority of commenters state that Financial System any minimum distance requirement plans to meet sound practices could be Introduction and Background between primary and back-up facilities, developed within a year after the citing the need for sufficient flexibility agencies issue their final views. There is The Federal Reserve, the Office of the to manage costs effectively and allow for general consensus that sound practices Comptroller of the Currency, and the technological improvements. A few can be implemented over a relatively Securities and Exchange Commission commenters believe that establishing short (two to three year) time period, if (the agencies) are issuing this minimum separation is appropriate and the agencies provide sufficient Interagency Paper on Sound Practices to achievable. A number of commenters flexibility to accommodate the unique Strengthen the Resilience of the U.S. express concern that out-of-region back- risk profile and planning and Financial System to advise financial up sites, including those of third-party investment cycles of each institution. institutions on steps necessary to service providers, often are Commenters note that extending protect the financial system in light of geographically concentrated, creating implementation schedules would help the new risks posed by the post- additional risk in the event of a targeted to mitigate the costs of building greater September 11 environment. The sound attack or wide-scale disruption affecting resilience into business continuity practices build upon long-standing those areas. Some commenters ask for arrangements, although there was also principles of business continuity additional guidance on how to address recognition that the post-September 11 planning and reflect actions identified various infrastructure components, such risk environment requires that by industry members that will as water supply sources. A few achievement of the sound practices strengthen the overall resilience of the commenters indicate that they are needs to be accomplished within a U.S. financial system in the event of a exploring overseas locations as part of reasonably short time frame by peer wide-scale disruption. their recovery and resumption solutions firms. Some commenters warn that strict The agencies have identified broad and ask for some assurances that application of the sound practices or industry consensus on three business domestic and foreign financial establishment of minimum distance and continuity objectives that have special authorities will permit such staffing requirements could require importance after September 11 for all arrangements. firms to bear excessive costs with the financial firms. The agencies also have Commenters note that firms should be result that some might exit particular identified sound practices that focus on permitted to address critical staffing markets, leading to further minimizing the immediate systemic concentration, decreased liquidity, and effects of a wide-scale disruption on 2 Many commenters state that the recovery of higher overall costs for participants in critical financial markets. The sound financial systems can only be achieved if the those markets. Several commenters practices focus on the appropriate back- telecommunications infrastructure is up and expressed concern that the sound up capacity necessary for recovery and running across the nation. Firms identify a number of industry efforts to explore common infrastructure practices might result in significant resumption of clearance and settlement issues and possible solutions to ensure diversity of employment losses and other negative activities for material open transactions circuit routing and other reliability issues. impacts on the economy and tax base of in wholesale financial markets. They do Commenters raising this issue ask the agencies to the New York City metropolitan area. not address the recovery or resumption continue to raise the issue of telecommunications infrastructure resilience with federal and state Virtually all commenters state that the of trading operations or retail financial agencies, including the Federal Communications core clearing and settlement services. The agencies are not Commission, the National Security organizations should establish more recommending that firms move their Telecommunications Advisory Committee and the aggressive implementation timetables primary offices, primary operating sites, Department of Homeland Security. The agencies are taking numerous actions to help direct attention to than other firms. Commenters also or primary data centers out of improving the resilience of the telecommunications recognize that firms should set metropolitan locations, and understand infrastructure. implementation benchmarks in their that there are important business and
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internal control reasons for financial Definitions the United States. Certain markets, such firms to maintain processing sites near The resilience of the U.S. financial as the federal funds and government financial markets and their own system in the event of a ‘‘wide-scale securities markets, also support the headquarters. The agencies also disruption’’ rests on the rapid implementation of monetary policy. For recognize that achieving the sound ‘‘recovery’’ and ‘‘resumption’’ of the purposes of this paper, ‘‘critical practices could be a multi-year endeavor ‘‘clearing and settlement activities’’ that financial markets’’ are defined as the for some firms and that it is not support ‘‘critical financial markets.’’ markets for: necessary or appropriate to prescribe Some organizations, namely ‘‘core • Federal funds, foreign exchange, any specific technology solution or limit clearing and settlement organizations’’ and commercial paper; a firm’s flexibility to implement the and ‘‘firms that play a significant role in • U.S. Government and agency sound practices in a manner that reflects critical financial markets,’’ present a securities; its own risk profile. The sound practices type of ‘‘systemic risk’’ to the U.S. • Corporate debt and equity discussed in this paper supplement the financial system should they be unable securities. agencies’ respective policies and other to recover or, in some instances, resume Core Clearing and Settlement guidance on business continuity clearing and settlement activities that Organizations. Core clearing and planning. support those markets. These terms and settlement organizations consist of two Post-September 11 Business Continuity organizations are defined below. groups of organizations that provide Objectives Wide-Scale Disruption. A wide-scale clearing and settlement services for disruption is an event that causes a critical financial markets or act as large- During discussions about the lessons severe disruption or destruction of value payment system operators and learned from September 11, industry transportation, telecommunications, present systemic risk should they be participants and others agreed that three power, or other critical infrastructure unable to perform. The first group business continuity objectives have components across a metropolitan or consists of market utilities (government- special importance for all financial other geographic area and the adjacent sponsored services or industry-owned firms and the U.S. financial system as a communities that are economically whole: organizations) whose primary purpose • Rapid recovery and timely integrated with it; or that results in a is to clear and settle transactions for resumption of critical operations wide-scale evacuation or inaccessibility critical markets or transfer large-value following a wide-scale disruption; of the population within normal wholesale payments. The second group • Rapid recovery and timely commuting range of the disruption’s of core clearing and settlement resumption of critical operations origin. organizations consists of those private- following the loss or inaccessibility of Systemic Risk. Systemic risk includes sector firms that provide clearing and staff in at least one major operating the risk that the failure of one settlement services that are integral to a location; and participant in a transfer system or critical market (i.e., their aggregate • A high level of confidence, through financial market to meet its required market share is significant enough to ongoing use or robust testing, that obligations will cause other participants present systemic risk in the event of critical internal and external continuity to be unable to meet their obligations their sudden failure to carry on those arrangements are effective and when due, causing significant liquidity activities because there are no viable compatible. or credit problems or threatening the immediate substitutes). The events of September 11 stability of financial markets.3 Given the Firms that Play Significant Roles in underscored the fact that the financial complex interdependencies of markets Critical Financial Markets. Firms that system operates as a network of and among participants, thorough play significant roles in critical financial interrelated markets and participants. preparations by key market participants markets are those that participate (on The ability of an individual participant will reduce the potential that a sudden behalf of themselves or their customers) to function can have wide-ranging disruption experienced by one or a few with sufficient market share in one or effects beyond its immediate firms will cascade into market-wide more critical financial markets such that counterparties. Because of the liquidity dislocations, solvency their failure to settle their own or their interdependent nature of the U.S. problems, and severe operational customers’ material pending financial markets, all financial firms inefficiencies.4 transactions by the end of the business have a role in improving the overall Critical Financial Markets. Critical day could present systemic risk. While resilience of the financial system. It financial markets provide the means for there are different ways to gauge the therefore is appropriate for all financial banks, securities firms, and other significance of such firms in critical firms to review their business continuity financial institutions to adjust their cash markets, as a guideline, the agencies plans and incorporate these three broad and securities positions and those of consider a firm significant in a business continuity objectives to the their customers in order to manage particular critical market if it fullest extent practicable. In striking an liquidity, market, and other risks to consistently clears or settles at least five appropriate balance between the new their organizations. Critical financial percent of the value of transactions in set of risks posed in the post-September markets also provide support for the that critical market. 11 environment and the costs involved provision of a wide range of financial Recovery and Resumption of Clearing in planning for wide-scale disruptions, services to businesses and consumers in and Settlement Activities. The rapid financial firms should incorporate these recovery and resumption of critical new and continuing risks into their 3 The use of the term ‘‘systemic risk’’ in this paper financial markets, and the avoidance of is based on the international definition of systemic assessment of their unique risk in payments and settlement systems contained potential systemic risk, requires the characteristics and risk profiles. Firms in ‘‘A glossary of terms in payment and settlement rapid recovery of clearing and also should continue to improve upon systems,’’ Committee on Payment and Settlement settlement activities for the purpose of short-term measures that have been Systems, Bank for International Settlements (2001). completing material pending 4 Under adverse market conditions or in the event instituted since September 11 and of credit concerns about institutions, liquidity transactions on their scheduled develop longer-term business recovery dislocations of the type experienced immediately settlement dates. These clearing and plans where gaps are identified. after September 11 could be seriously compounded. settlement activities include:
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(a) Completing pending large-value significant role. This assessment should reasonable to assume that there will be payments; include identification of activities or firms that play significant roles and (b) Clearing and settling material systems that support or are integrally other market participants in locations pending transactions; 5 related to the performance of clearing not affected by a particular disruption (c) Meeting material end-of-day and settlement activities in those that will need to clear and settle funding and collateral obligations markets. pending transactions in critical markets. necessary to ensure the performance of 2. Determine appropriate recovery Therefore, core clearing and settlement items (a) and (b) above; and resumption objectives for clearing organizations should plan both to (d) Managing material open firm and and settlement activities in support of recover and resume their processing and customer risk positions, as appropriate critical markets. For purposes of the other activities that support critical and necessary to ensure the sound practices, a recovery-time markets. In light of the large volume and performance of items (a) through (c) objective is the amount of time in which value of transactions/payments that are above; a firm aims to recover clearing and cleared and settled on a daily basis, (e) Communicating firm and customer settlement activities after a wide-scale failure to complete the clearing and positions and reconciling the day’s disruption with the overall goal of settlement of pending transactions records, and safeguarding firm and completing material pending within the business day could create customer assets as necessary to ensure transactions on the scheduled systemic liquidity dislocations, as well the performance of items (a) through (d) settlement date. Recovery-time as exacerbate credit and market risk for above; and objectives for clearing and settlement critical markets. Therefore, core clearing (f) Carrying out all support and activities should be relatively consistent and settlement organizations should related functions that are integral to across critical financial markets. This develop the capacity to recover and performing the above critical activities. promotes the compatibility of recovery resume clearing and settlement For purposes of this paper, the terms plans and helps ensure that core recovery (or recover) refers to the activities within the business day on clearing and settlement organizations which the disruption occurs with the restoration of clearing and settlement and firms that play significant roles in activities after a wide-scale disruption; 6 overall goal of achieving recovery and critical financial markets will be able to resumption within two hours after an resumption (or resume) refers to the participate in the financial system in 8 capacity to accept and process new event. Core clearing and settlement times of wide-scale disruptions. organizations also should develop plans transactions and payments after a wide- Recovery-time objectives provide scale disruption. for communicating with participants concrete goals to plan for and test during a disruption to facilitate their Sound Practices against. They should not be regarded as rapid recovery. hard and fast deadlines that must be met The agencies have identified four The ability of firms that play in every emergency situation. Indeed, broad sound practices for core clearing significant roles in critical financial the agencies recognize that various and settlement organizations and firms markets to recover clearing and external factors surrounding a that play significant roles in critical settlement activities depends on the disruption such as time of day, scope of financial markets. The sound practices timing of the recovery of core clearing disruption, and status of critical are based on long-standing principles of and settlement organizations for those infrastructure—particularly business continuity planning in which markets. For planning purposes, firms telecommunications—can affect actual critical activities are identified, a should assume that core clearing and recovery times.7 Furthermore, recovery business impact analysis is conducted, settlement organizations will recover time objectives might not be achievable and plans are developed, implemented, and resume clearance and settlement following a late-day disruption without and tested. Adoption of the sound activities within the business day of the an extension of normal business hours. disruption. Accordingly, firms that play practices will help protect the financial Market participants agree that core system from the risks of a wide-scale significant roles in critical financial clearing and settlement organizations markets should plan to recover clearing disruption and reduce the potential that must meet more aggressive recovery- key market participants will present and settlement activities for those time objectives than firms that play markets as soon as possible after the systemic risk to one or more critical significant roles in critical financial markets because primary and back-up core clearing and settlement markets. This is because core clearing organizations have recovered and processing facilities and staffs are and settlement organizations are located within the same geographic resumed their operations and within the necessary to the completion of most business day on which a disruption region. transactions in critical markets; 1. Identify clearing and settlement occurs. In some markets, such as accordingly, they must recover and activities in support of critical financial wholesale payments, the banking resume their critical functions in order markets. An organization should industry has had long-established for other market participants to process identify all clearing and settlement recovery benchmarks of four hours and pending transactions and complete activities in each critical financial the largest participants in the wholesale large-value payments. It also is market in which it is a core clearing and payments market have actively settlement organization or plays a discussed the need for a two-hour 7 A number of firms have expressed concerns about the resilience of telecommunications and recovery standard by such 5 Transactions in government securities include other critical infrastructure, and the current the purchase and sale of U.S. government bills, limitations on an individual firm’s ability to obtain 8 This includes recovery of clearance and notes, bonds and agency securities (including verifiable redundancy of service from such carriers. settlement activities that would normally be mortgage-backed securities issued by Government Firms that establish geographically dispersed performed by core clearing and settlement Sponsored Enterprises), as well as repurchase and facilities can achieve additional diversity in their organizations and significant firms within a reverse repurchase agreements and triparty telecommunications and other infrastructure particular market’s business hours on the day of the repurchase agreements involving U.S. government services, which will provide additional resilience in disruption. These activities include inputting and agency securities. ensuring recovery of critical operations. A number material transaction data or payment instructions, 6 The goal of business recovery plans is the of financial firms are sponsoring industry-wide and performing all steps necessary to clear and recovery of a particular activity or function and not efforts to explore common infrastructure issues and complete material transactions on their regular the recovery of a disabled facility or system. approaches. value or settlement dates.
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organizations. Firms that play organizations should establish even developments to increase the geographic significant roles in the other critical more distant back-up arrangements that diversification of their back-up sites. financial markets should strive to can recover and resume critical 4. Routinely use or test recovery and achieve a four-hour recovery time operations within the business day on resumption arrangements. One of the capability for clearing and settlement which the disruption occurs. lessons learned from September 11 is activities in order to ensure that they Firms that play significant roles in that testing of business recovery will be able to meet a within the critical financial markets should arrangements should be expanded. It is business day recovery target.9 maintain sufficient geographically critical for firms to test back-up facilities 3. Maintain sufficient geographically dispersed resources, including staff, with the primary and back-up facilities dispersed resources to meet recovery equipment and data to recover clearing of markets, core clearing and settlement and resumption objectives. Recovery of and settlement activities within the organizations, and third-party service clearing and settlement activities within business day on which a disruption providers to ensure connectivity, target times during a wide-scale occurs. Firms may consider the costs capacity, and the integrity of data disruption generally requires an and benefits of a variety of approaches appropriate level of geographic diversity that ensure rapid recovery from a wide- transmission. It also is important to test between primary and back-up sites for scale disruption.10 However, if a back- back-up arrangements with major back-office operations and data centers. up site relies largely on staff from the counterparties and customers, as The agencies do not believe it is primary site, it is critical for the firm to appropriate. Such testing ensures that necessary or appropriate to prescribe determine how staffing needs at the recovery objectives are achievable and specific mileage requirements for back-up site would be met if a that staff and necessary external parties geographically dispersed back-up sites. disruption results in loss or are sufficiently informed. It is important for firms to retain inaccessibility of staff at the primary Core clearing and settlement flexibility in considering various site. Moreover, firms that use organizations should periodically test approaches to establishing back-up synchronous back-up facilities or whose recovery and resumption plans at all of arrangements that could be effective back-up sites depend primarily on the their back-up sites. Test scenarios given a firm’s particular risk profile. same labor pool as the primary site should include wide-scale disruptions However, long-standing principles of should address the risk that a wide-scale that affect the accessibility of key staff; business continuity planning suggest disruption could impact either or both demonstrate the ability to recover and that back-up arrangements should be as of the sites and their labor pools. As part resume within the business day; and far away from the primary site as of their ongoing planning process, firms aim for a two-hour recovery time. Core necessary to avoid being subject to the with such back-up arrangements should same set of risks as the primary location. clearing and settlement organizations strive to develop even more distant data should require participants to test Back-up sites should not rely on the back-up and operational resources that same infrastructure components (e.g., connectivity between their primary and prove sufficient to recover clearing and back-up sites and those of the core transportation, telecommunications, settlement activities within the business water supply, and electric power) used clearing and settlement organizations. day on which the disruption occurs. They also may wish to consider by the primary site. Moreover, the The business continuity planning operation of such sites should not be organizing a broader industry stress test process should take into consideration to ensure that recovery systems are impaired by a wide-scale evacuation at improvements in technology and or the inaccessibility of staff that service consistently robust across critical business processes supporting back-up the primary site. The effectiveness of market participants. arrangements and the need to ensure back-up arrangements in recovering greater resilience in the event of a wide- Firms that play significant roles in from a wide-scale disruption should be scale disruption. Interim steps a firm critical financial markets should confirmed through testing. may take should be compatible with the routinely use or test their individual Core clearing and settlement internal recovery and resumption organizations have the highest objective of establishing even more distant back-up arrangements. The arrangements for connectivity, responsibility to develop resources that functionality, and volume capacity. permit the recovery and resumption of agencies expect that, as technology and business processes supporting back-up Firms that establish back-up sites within clearing and settlement activities within the current perimeter of synchronous the business day. Accordingly, these arrangements continue to improve and back-up technology or that rely organizations should establish back-up become increasingly cost effective, firms primarily on staff at the primary site facilities a significant distance away will take advantage of these should confirm that their plans would from their primary sites. Core clearing and settlement organizations that use 10 Examples of such arrangements range from be effective if a wide-scale disaster maintaining a fully operational geographically synchronous back-up facilities or whose affects both sites. Firms also are dispersed back-up facility for data and operations encouraged to take advantage of testing back-up sites depend primarily on the to utilizing outsourced facilities in which same labor pool as the primary site equipment, software, and data are stored for staff to opportunities offered by markets, core should address the risk that a wide-scale activate. Firms are addressing critical staffing issues clearing and settlement organizations in various ways, such as cross training, utilizing and third-party service providers to disruption could impact either or both staff at underused systems to share or shift loads, of the sites and their labor pool. Such rotating employees off-site, and establishing work ensure connectivity, capacity and the shifts. A number of firms use outsourced back-up integrity of data transmission. Firms are 9 As markets and clearance and settlement solutions for recovering clearing and settlement encouraged to continue to work systems move toward longer operating hours, there activities and data storage. However, numerous cooperatively with their core clearing commenters expressed concern about the small may be less flexibility to extend processing hours. and settlement organizations and trade This underscores the importance of achieving number of recovery facilities, their lack of recovery time objectives within the business day’s geographic diversity and the cost of ensuring associations to design and schedule normal processing periods to the fullest extent availability of facilities during a wide-scale appropriate industry tests to ensure the possible. It also underscores the importance of disruption. Firms that use outsourced back-up compatibility of individual recovery and ensuring that internal processes can be performed solutions should take into consideration any in the event that business hours are extended heightened risks that could affect access to those resumption strategies across critical beyond midnight. facilities during a wide-scale disruption. markets.
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Implementation of Sound Practices against factors such as board of directors the continuing, serious risks to the U.S. Cost-Benefit Considerations. The and senior management’s commitment financial system posed by the post- agencies recognize the importance of to approved budgets, and adherence to September 11 environment. Financial cost-effective business continuity aggressive timetables and interim industry participants have demonstrated planning. The costs associated with milestones. Plans should include a keen commitment to ensuring the implementing the sound practices can measurable milestones to assess continued viability of the U.S. financial vary substantially depending on the progress in achieving the sound system by strengthening their own extent to which incremental practices. business continuity plans to address the Implementation by firms that play improvements may be needed to risk of a wide-scale disruption. Over the significant roles in critical markets. address the risks of a wide-scale past year, significant short- and longer- Firms that play significant roles in disruption. Some firms that play critical financial markets should term improvements have been made to significant roles in critical markets may develop, approve and implement plans business recovery plans. Financial find that they need to implement only that call for substantial achievement of industry participants recognize the relatively minor improvements to their the sound practices as soon as importance of continuing senior back-up arrangements. Other firms may practicable, but generally within three management involvement in achieving find it necessary to adopt a more robust years of publication of this paper.11 In the sound practices discussed in this technology or upgrade software some cases, a firm may find it in paper. Firms also are participating in applications in order to achieve necessary to provide for a longer industry initiatives aimed at improving recovery objectives identified by the implementation period in light of its private-sector coordination and sound practices. To mitigate the costs of respective risk profile, level of ensuring that business recovery plans these enhancements, firms may wish to resilience, and unique business are compatible and that an appropriate integrate them into the strategic circumstances. All plans should level of robustness is achieved among planning process (e.g., coordinate with incorporate interim milestones against peers. planned enhancements to facilities, which progress can be measured and The agencies recognize that information system components and should provide for ongoing achievement of the sound practices architecture, and business processes). consideration of the costs and benefits Firms should recognize that adoption of achieving greater geographic could be a multi-year endeavor for some of the sound practices will help to diversification of back-up facilities. organizations and that it is not reassure their counterparties and Role of Senior Management and necessary or appropriate to prescribe customers that they can rapidly regain Boards of Directors. The agencies any specific technology solution for their ability to clear and settle believe, and industry participants implementing the sound practices. The transactions in critical markets. confirm, that incorporation of the post- agencies urge all financial system Similarly, firms participating in the September 11 business continuity participants to continue efforts over the financial system would enjoy greater objectives and sound practices long term to ensure that critical U.S. assurance that critical market discussed in this paper raises numerous financial markets have appropriately participants will be able to withstand a short- and long-term strategic issues that robust recovery capabilities and can wide-scale disruption and meet their require continuing leadership and respond to a wide-scale disruption by payment and settlement obligations, involvement by the most senior levels of adopting the sound practices to the thereby minimizing the potential for management. These issues must be fullest extent practicable. Finally, the cascading fails and resulting systemic considered in light of a firm’s agencies encourage financial firms that risk. Firms report that market forces dependencies on other market clearly recognize the interdependent are not deemed to be a core clearing and participants and the need to achieve a settlement organization or a firm that nature of the financial system, and consistent level of resilience across customers and counterparties plays a significant role in critical firms. Boards of directors should review markets to review and consider increasingly expect firms to demonstrate business continuity strategies to ensure their ability to continue operations implementation of the sound practices, that plans are consistent with the firm’s particularly if a firm’s transactions should a wide-scale disruption occur. overall business objectives, risk Implementation by core clearing and levels approach those deemed to be management strategies, and financial settlement organizations. Core clearing significant. resources. Decisions about overall and settlement organizations should business continuity objectives should By order of the Board of Governors of the continue their accelerated efforts to not be left to the discretion of individual Federal Reserve System, April 7, 2003. develop, approve, and implement plans business units. Jennifer J. Johnson, that substantially achieve the sound practices by the end of 2004. Plans Conclusion Secretary of the Board. should provide for back-up facilities After September 11, financial industry Dated: April 7, 2003. that are well outside of the current participants initiated a significant John D. Hawke, Jr., synchronous range that can meet review of lessons learned with a view Comptroller of the Currency. within-the-business-day recovery towards strengthening their business By the Securities and Exchange targets. On a case-by-case basis, core continuity plans. The agencies believe Commission. clearing and settlement organizations that it is important for financial firms to Dated: April 7, 2003. can be given additional time to improve recovery capabilities to address complete implementation of back-up Margaret H. McFarland, facilities that are well outside the 11 The agencies will contact each firm that Deputy Secretary. current synchronous range, so long as appears to meet the market share thresholds and, [FR Doc. 03–8896 Filed 4–10–03; 8:45 am] if they conclude that the firm plays a significant they take concrete, near-term steps that BILLING CODE 6210–01–P; 4810–33–P; 8010–01–P role in one or more critical markets, will review the result in substantially improved firm’s plans for implementing the sound practices. resilience by the end of 2004. The The agencies also will monitor implementation of amount of flexibility will be measured those plans.
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DEPARTMENT OF HEALTH AND that will be used to enhance Head Start consistent fashion the progress made by HUMAN SERVICES program quality and accountability. every child in a limited set of early The Head Start National Reporting literacy, language, and numeracy skills. Administration for Children and System (HSNRS) has three major goals. All Head Start children who are 4 years Families First, the HSNRS will provide teachers old or older will be administered a and local programs with additional direct child assessment twice a year, the Proposed Information Collection information regarding child progress by data analyzed, and the findings reported Activity; Comment Request reporting on how children are doing at to the Head Start Bureau, ACF Regional Proposed Projects: Title: the beginning and end of the program in Offices and local Head Start agencies. Implementation of the Head Start a limited number of areas. Second, the The HSNRS assessment is designed to National Reporting System on Child HSNRS will create a new national create aggregate data on the progress of Outcomes. system of data on child outcomes from groups of children at the center and OMB No.: New collection. every local Head Start agency for use in program levels. It is not designed to Description: The Administration on planning targeted training and technical report on the school readiness of Children, Youth and Families (ACYF), assistance services to strengthen individual Head Start children. Administration for Children and program effectiveness. Third, the Families (ACF) of the Department of HSNRS child outcomes information will Respondents: Head Start children and Health and Human Services (DHHS) is be used within Head Start Bureau Head Start staff. requesting comments on plans to monitoring of local Head Start agencies, Annual Burden Estimates: Estimated implement the Head Start National to strengthen program accountability for Response Burden for Respondents to the Reporting System on Child Outcomes. outcomes. Full National Implementation of the This implementation is being conducted This effort will ensure that every Head Start National Reporting System to collect child outcomes information Head Start program will assess in a on Child Outcomes.
ESTIMATED ANNUAL RESPONSE BURDEN FOR RESPONDENTS TO IMPLEMENT THE HEAD START NATIONAL REPORTING SYSTEM ON CHILD OUTCOMES
Number of re- Average bur- Respondents and activities Number of sponses per den hours per Total burden respondents respondent response hours
Head Start Children: Complete Direct Assessments ...... 500,000 2 1⁄3 333,333 Head Start Staff: Administer Direct Assessments ...... 36,000 17×2 1⁄3 408,000 Head Start Staff: Enter Child Demographic Information ...... 36,000 17 1⁄30 20,400 Head Start Staff: Enter Teacher Background Information ...... 36,000 1 1⁄60 600 Head Start Staff: Participating in Summer Training ...... 3,000 1 24 72,000 Head Start Staff: Training Local Assessors for the Direct Child Assessment 3,000 1 20 60,000 Head Start Staff: Receiving Training for the Direct Child Assesssments ...... 36,000 1 8 288,000 Head Start Local Training Staff: Fall Implementation Evaluation Form ...... 3,000 2 1⁄12 500 Head Start Local Program Staff: Focus Groups ...... 600 2 1 1,200 Head Start Local Program Staff: Interview ...... 180 2 1 360 Spring Refresher Training (Home Study): Trainers ...... 3,000 1 8 24,000 Spring Refresher Training (Home Study): Assessors ...... 36,000 1 4 144,000
Totals Annualized ...... 1,352,393
In compliance with the requirements functions of the agency, including DEPARTMENT OF HEALTH AND of Section 3506(c)(2)(A) of the whether the information shall have HUMAN SERVICES Paperwork Reduction Act of 1995, the practical utility; (b) the accuracy of the Administration for Children and agency’s estimate of the burden of the Health Resources and Services Families is soliciting public comment proposed collection of information; (c) Administration on the specific aspects of the the quality, utility, and clarity of the information collection described above. information to be collected; and (d) Agency Information Collection Copies of the proposed collection of ways to minimize the burden of the Activities: Submission for OMB Review; Comment Request information can be obtained and collection of information on comments may be forwarded by writing respondents, including through the use to the Administration for Children and Periodically, the Health Resources of automated collection techniques or and Services Administration (HRSA) Families, Head Start Bureau, 330 C other forms of information technology. Street, SW., Room 2010, Switzer publishes abstracts of information Consideration will be given to Building, Washington, DC 20447, Attn: collection requests under review by the comments and suggestions submitted Tom Schultz, by e-mail to Office of Management and Budget, in [email protected], or by telephone within 60 days of this publication. compliance with the Paperwork at 202–205–8323. All requests should be Dated: April 8, 2003. Reduction Act of 1995 (44 U.S.C. identified by the title of the information Bob Sargis, Chapter 35). To request a copy of the collection. Reports Clearance Officer. clearance requests submitted to OMB for review, call the HRSA Reports The Department specifically requests [FR Doc. 03–9086 Filed 4–10–03; 8:45 am] Clearance Office on (301) 443–1129. comments on: (a) Whether the proposed BILLING CODE 4184–01–M collection of information is necessary The following request has been for the proper performance of the submitted to the Office of Management
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and Budget for review under the tools and materials will be conducted in providers, and representatives of Paperwork Reduction Act of 1995: order to improve the effectiveness of the community organizations. Women tools themselves, and to gather feedback patients ages 18 and over of various Proposed Project: Design for the on productive strategies for racial and ethnic backgrounds will Evaluation of the Maternal and Child disseminating the tools for appropriate complete questionnaires at three health Health Bureau, Bright Futures for use to training providers and centers in different geographic areas of Women’s Health and Wellness community organizations. Thus, the the country. The health care providers Initiative and Preliminary Evaluation empirical findings from this pilot test at these same sites will also be asked to of Initial Products—New will help shape the final BFWHW tool complete a brief questionnaire. The HRSA Office of Women’s Health development. This data collection effort Telephone interviews will be completed (OWH) is developing the Bright Futures will ensure that the HRSA OWH with representatives from community for Women’s Health and Wellness develops targeted and effective tools for organizations located in the service (BFWHW) Initiative to help expand the translating health prevention areas of these health centers. The data scope of women’s preventive health recommendations into nutrition and collection period is estimated to last activities, particularly related to physical activity messages. three weeks. nutrition and physical activity. A pilot Toward this end, data will be The estimated response burden is as test of the BFWHW health promotion collected from women patients, follows:
Responses Questionnaire Number of per Total Minutes per Total burden respondents respondent responses response hours
Woman Patient...... 2,400 1 2,400 5 200 Provider ...... 18 1 18 5 1.5 Administrator ...... 3 1 3 45 8.25
Total ...... 2,421 ...... 2,421 ...... 203.75
Written comments and of National Health Service Corps, NHSC This proposed information collection recommendations concerning the Loan Repayment Program, c/o I.Q. was previously published in the Federal proposed information collection should Solutions, 11300 Rockville Pike, Suite Register on October 16, 2002, page be sent within 30 days of this notice to: 801, Rockville, MD 20852, postmarked 63934 and allowed 60-days for public John Morrall, Human Resources and no later than April 18, 2003. comment. No public comments were Housing Branch, Office of Management FOR FURTHER INFORMATION CONTACT: Kay received. The purpose of this notice is and Budget, New Executive Office Cook, National Health Service Corps, to allow an additional 30 days for public Building, Room 10235, Washington, DC Bureau of Health Professions, Parklawn comment. The National Institutes of 20503. Building, Room 8A–55, 5600 Fishers Health may not conduct or sponsor, and Dated: April 7, 2003. Lane, Rockville, Maryland 20857 (301) the respondent is not required to Jane M. Harrison, 594–4400 ([email protected]) respond to, an information collection Director, Division of Policy Review and that has been extended, revised or Dated: April 8, 2003. implemented on or after October 1, Coordination. Elizabeth M. Duke, [FR Doc. 03–8902 Filed 4–10–03; 8:45 am] 1995, unless it displays a currently valid Administrator. OMB control number. BILLING CODE 4165–15–P [FR Doc. 03–8972 Filed 4–8–03; 4:07 pm] Proposed Collection: Title: BILLING CODE 4165–15–P Electroencephalogram (EEG) and Event- DEPARTMENT OF HEALTH AND Related Potential (ERP) intermediate HUMAN SERVICES phenotypes for alcoholism in a low DEPARTMENT OF HEALTH AND prevalance American Indian tribe. Type Health Resources and Services HUMAN SERVICES of Information Collection Request: New. Administration Need and Use of Information Collection: National Institutes of Health An extensive data set has already been Availability of Funds Submission for OMB Review; collected by the Laboratory of AGENCY: Health Resources and Services Comment Request: Neurogenetics, NIAAA, on 294 members Administration (HRSA). Electroencephalogram (EEG) and of a Southeastern American Indian tribe. ACTION: Extension of time for Event-Related Potential (ERP) We propose to re-contact these application deadline. Intermediate Phenotypes for individuals to collect additional Alcoholism in a Low Prevalance information. Approximately 100 of the SUMMARY: This notice extends the time American Indian Tribe original participants were originally that applications will be accepted for selected as a representative sample of fiscal year 2003 for the National Health Summary: Under the provisions of the population. The remaining 194 Service Corps (NHSC) Loan Repayment section 3507(a)(1)(D) of the Paperwork individuals are family members of Program. An August 9, 2002 Federal Reduction Act of 1995, the National alcoholic probands from the population Register notice (67 FR 52049) Institute on Alcohol Abuse and sample. We propose the expand the announced that applications must be Alcoholism (NIAAA), the National study to collect (a) measures of postmarked no later than March 28, Institutes of Health (NIH) has submitted intermediate phenotypes for alcoholism 2003. The deadline for applications has to the Office of Management and Budget and (b) survey-based selected been extended to April 18, 2003. (OMB) a request to review and approve personality characteristics from the Applications must be mailed to Division the information collection listed below. same tribal members, Intermediate
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phenotypes are biological traits that may (2) the accuracy of the agency’s estimate individuals associated with the contract be influenced by variation at fewer of the burden of the proposed collection proposals, the disclosure of which genes and may mediate different aspects of information, including the validity of would constitute a clear unwarranted of the disease. The intermediate the methodology and assumptions used; invasion of personal privacy. phenotype measurements that we will (3) ways, to enhance the quality, utility, Name of Committee: National Cancer collect include resting EEG phenotypes and clarity of the information to be Institute Special Emphasis Panel, Early (log voltae alpha (LVA) and beta collected; and (4) ways to minimize the Clinical Trials of Imaging Agents. spectral power), ERPs and heart rate burden of the collection of information Date: May 2, 2003. variability (HRV). LVA has been found on those who are to respond, including Time: 8 a.m. to 5 p.m. to be more abundant in alcoholics with the use of appropriate automated, Agenda: To review and evaluate contract co-morbid anxiety disorders. Increased electronic, mechanical, or other proposals. beta power has been associated with technological collection techniques or Place: Bethesda Marriott, 5151 Pooks Hill increased risk of relapse. P300 ERP other forms of information technology. Road, Bethesda, MD 20814. amplitude is reduced in alcoholics and Direct Comments to OMB: Written Contact Person: Kenneth L. Bielat, PhD, Scientific Review Administrator, Division of their alcohol-naı¨ve children. HRV is a comments and/or suggestions regarding Extramural Activities, National Cancer potential intermediate phenotype for the item(s) contained in this notice, Institute, National Institutes of Health, 6116 alcoholism and major depression. We especially regarding the estimated Executive Boulevard, Room 7147, Bethesda, also propose to administer the public burden and associated response MD 20892. (301) 496–7576. Temperament and Character Inventory, time, should be directed to the: Office [email protected]. a standard, survey-based measure of of Management and Budget, Office of (Catalogue of Federal Domestic Assistance harm avoidance, novelty seeking, Regulatory Affairs, New Executive Program Nos. 93.392, Cancer Construction; reward dependence, and persistence. Office Building, Room 10235, 93.393, Cancer Cause and Prevention The use of such intermediate Washington, DC 20503, Attention: Desk Research; 93.394, Cancer Detection and phenotypes and personality measures is Officer for NIH. To request more Diagnosis research; 93.395, Cancer Treatment likely to increase our ability to find information on the proposed project or Research; 93.396, Cancer Biology Research; vulnerability genes for alcoholism. We to obtain a copy of the data collection 93.397, Cancer Centers Support; 93.398, will use these EEG and EKG plans and instruments, contact: Mary- Cancer research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) intermediate phenotypes and Anne Enoch M.D., NIH/NIAAA/DICBR/ personality dimensions in (1) candidate LNG, 12420 Parklawn Drive, Park 5 Dated: April 4, 2003. gene analyses and (2) linkage analyses, Building, Room 451, MSC 8110, LaVerne Y. Stringfield, utilizing the existing DNA, in order to Bethesda, MD 20892–8110, or e-mail Director, Office of Federal Advisory determine the genes that increase an your request to: Committee Policy. individuals’s risk for alcoholism and [email protected]. Dr. Enoch can [FR Doc. 03–8858 Filed 4–10–03; 8:45 am] anxiety disorders. be contacted by telephone at 301–496– BILLING CODE 4140–01–M The re-recruitment of the original 2727. study participants will start in spring Comments Due Date: Comments 2003. The study is expected to run for regarding this information collection are DEPARTMENT OF HEALTH AND 6 months. Frequency of response: Once best assured of having their full effect if HUMAN SERVICES per respondent. Affected Public: received within 30-days of the date of National Institutes of Health Individuals. Type of Respondents: this publication. Adults members of the Southeastern American Indian tribe who were Dated: February 14, 2003. National Cancer Institute; Notice of participants in the original study. Stephen Long, Closed Meeting Executive Officer, NIAAA. The annual reporting burden is as Pursuant to section 10(d) of the follows: Estimated Number of [FR Doc. 03–8862 Filed 4–10–03; 8:45 am] Federal Advisory Committee Act, as Respondents: It is estimated, after a BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice survey by tribal members, that we will hereby given of the following meeting. be able to re-recruit approximately 280 The meeting will be closed to the DEPARTMENT OF HEALTH AND of the 294 original participants. public in accordance with the HUMAN SERVICES Estimated Number of Responses per provisions set forth in sections Respondent: One response per National Institutes of Health 552b(c)(4) and 552b(c)(6), title 5 U.S.C., respondent. Average Burden Hours per as amended. The grant applications and Response: Three hours per individual, National Cancer Institute; Notice of the discussions could disclose for a total respondent burden of 840 Closed Meeting confidential trade secrets or commercial hours. Estimated Total Annual Burden property such as patentable material, Hours Requested: 840 hours. There are Pursuant to section 10(d) of the and personal information concerning no Costs to Respondents to report. There Federal Advisory Committee Act, as individuals associated with the grant are no Capital Costs to report. There are amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which no Operating or Maintenance costs to is hereby given of the following would constitute a clearly unwarranted report. meeting. invasion of personal privacy. Request for Comments: Written The meeting will be closed to the comments and/or suggestions from the public in accordance with the Name of Committee: National Cancer public and affected agencies are invited provisions set forth in sections Institute Special Emphasis Panel, Spores in on one or more of the following points: 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Skin Cancer. Date: May 15–16, 2003. (1) Whether the proposed collection of as amended. The contract proposals and Time: 8 a.m. to 5 p.m. information is necessary for the proper the discussions could disclose Agenda: To review and evaluate grant performance of the function of the confidential trade secrets or commercial applications. agency, including whether the property such as patentable material, Place: Holiday Inn Select, 8120 Wisconsin information will have practical utility; and personal information concerning Avenue, Bethesda, MD 20892.
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Contact Person: Brian Wojcik, Phd, Research Triangle Park, NC 27709, 919/541– Date: April 15, 2003. Scientific Review Administrator, Grants 0752. Time: 11 a.m. to 12:01 p.m. Review Branch, Division of Extramural Name of Committee: National Institute of Agenda: To review and evaluate grant Activities, National Cancer Institute, 6116 Environmental Health Sciences Special applications. Cancer Institute, 6116 Executive Boulevard, Emphasis Panel. Review of NIH–ES–03–09 Place: National Institutes of Health, 6701 Room 8019, Bethesda, MD 20892, 301/402– Contract Proposals. Rockledge Drive, Bethesda, MD 20892. 2785. Date: May 29, 2003. (Telephone conference call.) Time: 9 a.m. to 5 p.m. Contact Person: Samuel C. Edwards, PhD, (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate contract Scientific Review Administrator, Center for Program Nos. 93.392, Cancer Construction; proposals. Scientific Review, National Institutes of 93.393, Cancer Cause and Prevention Place: NIEHS/National Institutes of Health, Health, 6701 Rockledge Drive, Room 4200, Research; 93.394, Cancer Detection and Building 4401, East Campus, 79 T.W. MSC 7812, Bethesda, MD 20892. (301) 435– Diagnosis Research; 93.395, Cancer Alexander Drive, 122, Research Triangle 1152. [email protected]. Treatment Research; 93.396, Cancer Biology Park, NC 27709. This notice is being published less than 15 Research; 93.397, Cancer Centers Support; Contact Person: RoseAnne M. McGee, days prior to the meeting due to the timing 93.398, Cancer Research Manpower; 93.399, Associate Scientific Review Administrator, limitations imposed by the review and Cancer Control, National Institutes of Health, Scientific Review Branch, Office of Program funding cycle. HHS) Operations, Division of Extramural Research Name of Committee: Center for Scientific Dated: April 4, 2003. and Training, Nat. Inst. of Environmental Review Special Emphasis Panel, MDCN LaVerne Y. Stringfield, Health Sciences, PO Box 12233, MD EC–30, Bioengineering Meeting. Date: April 18, 2003. Director, Office of Federal Advisory Research Triangle Park, NC 27709, 919/541– 0752. Time: 8 a.m. to 4:30 p.m. Committee Policy. Agenda: To review and evaluate grant [FR Doc. 03–8859 Filed 4–10–03; 8:45 am] (Catalogue of Federal Domestic Assistance applications. BILLING CODE 4140–01–M Program Nos. 93.113, Biological Response to Place: Radisson Barcello, 2121 P Street, Environmental Health Hazards; 93.114, NW., Washington, DC 20037. Applied Toxicological Research and Testing; Contact Person: Carl D. Banner, PhD, DEPARTMENT OF HEALTH AND 93.115, Biometry and Risk Estimation— Scientific Review Administrator, Center for Health Risks from Environmental Exposures; HUMAN SERVICES Scientific Review, National Institutes of 93.142, NIEHS Hazardous Waste Worker Health, 6701 Rockledge Drive, Room 5212, Health and Safety Training; 93.143, NIEHS National Institutes of Health MSC 7850, Bethesda, MD 20892. (301) 435– Superfund Hazardous Substances—Basic 1251. [email protected]. Research and Education; 93.894, Resources National Institute of Environmental This notice is being published less than 15 and Manpower Development in the days prior to the meeting due to the timing Health Sciences; Notice of Closed Environmental Health Sciences, National limitations imposed by the review and Meetings Institutes of Health, HHS) funding cycle. Dated: April 4, 2003. Pursuant to section 10(d) of the Name of Committee: Center for Scientific LaVerne Y. Stringfield, Review Special Emphasis Panel, Federal Advisory Committee Act, as Immunological Effects and Detection of amended (5 U.S.C. Appendix 2), notice Director, Office of Federal Advisory Committee Policy. Anthrax. is hereby given of the following Date: April 23, 2003. [FR Doc. 03–8860 Filed 4–10–03; 8:45 am] meetings. Time: 5 p.m. to 6:30 p.m. The meetings will be closed to the BILLING CODE 4140–01–M Agenda: To review and evaluate grant public in accordance with the applications. Place: National Institutes of Health, 6701 provisions set forth in sections DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES (Telephone conference call.) as amended. The contract proposals and Contact Person: Samuel C. Edwards, PhD, the discussions could disclose National Institutes of Health Scientific Review Administrator, Center for confidential trade secrets or commercial Scientific Review, National Institutes of property such as patentable material, Center for Scientific Review; Notice of Health, 6701 Rockledge Drive, Room 4200, and personal information concerning Closed Meetings MSC 7812, Bethesda, MD 20892. (301) 435– individuals associated with the contract 1152. [email protected]. Pursuant to section 10(d) of the proposals, the disclosure of which Name of Committee: Center for Scientific Federal Advisory Committee Act, as would constitute a clearly unwarranted Review Special Emphasis Panel, ZRG1 VISB amended (5 U.S.C. Appendix 2), notice (02) M Vision Disabilities Study Section. invasion of personal privacy. is hereby given of the following Date: April 28, 2003. Name of Committee: National Institute of meetings. Time: 4 p.m. to 5 p.m. Environmental Health Sciences Special The meetings will be closed to the Agenda: To review and evaluate grant Emphasis panel, Review of NIH–ES–03–02 public in accordance with the applications. Contract Proposals. provisions set forth in sections Place: National Institutes of Health, 6701 Date: May 7, 2003. Rockledge Drive, Bethesda, MD 20892. Time: 1 p.m. to 3 p.m. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., (Telephone conference call.) Agenda: To review and evaluate contract as amended. The grant applications and Contact Person: Christine Melchior, PhD, proposals. the discussions could disclose Scientific Review Administrator, Center for Place: NIEHS/National Institutes of Health, confidential trade secrets or commercial Scientific Review, National Institutes of Building 4401, East Campus, 79 T.W. property such as patentable material, Health, 6701 Rockledge Drive, Room 5176, Alexander Drive, 122, Research Triangle and personal information concerning MSC 7844, Bethesda, MD 20892. (301) 435– Park, NC 27709, (Telephone Conference individuals associated with the grant 1713. [email protected]. Call). applications, the disclosure of which Name of Committee: Center for Scientific Contact Person: RoseAnne M. McGee, would constitute a clearly unwarranted Review Special Emphasis Panel, Cancer Associate Scientific Review Administrator, invasion of personal privacy. Therapy. Scientific Review Branch, Office of Program Date: April 30, 2003. Operations, Division of Extramural Research Name of Committee: Center for Scientific Time: 3 p.m. to 5 p.m. and Training, Nat. Inst. of Environmental Review Special Emphasis Panel, Tumor Agenda: To review and evaluate grant Health Sciences, PO Box 12233, MD EC–30, Immunology. applications.
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Place: National Institutes of Health, 6701 OMB review, in compliance with the major change in the submitted Rockledge Drive, Bethesda, MD 20892. Paperwork Reduction Act (44 U.S.C. information requires a laboratory to (Telephone conference call.) chapter 35). To request a copy of these provide specific information on its Contact Person: Philip Perkins, PhD, documents, call the SAMHSA Reports specimen validity testing procedures. Scientific Review Administrator, Center for Scientific Review, National Institutes of Clearance Officer on (301) 443–7978. Since all certified laboratories are Health, 6701 Rockledge Drive, Room 6208, Mandatory Guidelines for Federal expected to have the capability to MSC 7804, Bethesda, MD 20892. (301) 435– Workplace Drug Testing Programs conduct specimen validity tests on 1718. [email protected]. (0930–0158, revision)—SAMHSA is regulated specimens, collecting this (Catalogue of Federal Domestic Assistance requesting renewal of OMB approval for information prior to an inspection Program Nos. 93.306, Comparative Medicine, the Federal Drug Testing Custody and allows the inspectors to thoroughly 93.306, 93.333, Clinical Research, 93.333, Control Form for Federal agency and review and understand the laboratory’s 93.337, 93.393–93.396, 93.837–93.844, Federally regulated drug testing specimen validity testing procedures 93.846–93.878, 93.892, 93.893 National programs which must comply with the before arriving at the laboratory. Institutes of Health, HHS) HHS Mandatory Guidelines for Federal The NLCP application form is being Dated: April 4, 2003. Workplace Drug Testing Programs (59 revised compared to the previous form. LaVerne Y. Stringfield, FR 29908) dated June 9, 1994, and for The major change in the NLCP Director, Office of Federal Advisory the information provided by laboratories application form includes, where Committee Policy. for the National Laboratory Certification appropriate in each section, a request [FR Doc. 03–8861 Filed 4–10–03; 8:45 am] Program (NLCP). for specific information on the applicant BILLING CODE 4140–01–M The Federal Drug Testing Custody laboratory’s ability to conduct specimen and Control Form is used by all Federal validity testing (i.e., determining if a agencies and employers regulated by the specimen is adulterated or substituted). DEPARTMENT OF HEALTH AND Department of Transportation to Since all certified laboratories are HUMAN SERVICES document the collection and chain of expected to have the capability to custody of urine specimens at the conduct specimen validity tests on Substance Abuse and Mental Health collection site, for laboratories to report regulated specimens, it is necessary to Services Administration results, and for Medical Review Officers ensure that each applicant laboratory has the same capability before being Agency Information Collection to make a determination. The Federal certified. Activities: Submission for OMB Drug Testing Custody and Control Form Review; Comment Request approved by OMB three years ago is The annual total burden estimates for being submitted for OMB approval the Federal Drug Testing Custody and Periodically, the Substance Abuse and without any revision. Control Form, the NLCP application, the Mental Health Services Administration Prior to an inspection, a laboratory is NLCP inspection checklist, and NLCP (SAMHSA) will publish a summary of required to submit specific information recordkeeping requirements are shown information collection requests under regarding its laboratory procedures. A in the following table.
Burden/ Total annual Form/respondent response Number of burden (hours) responses (hours)
Custody and Control Form: Donor ...... 08 7,096,000 567,680 Collector ...... 07 7,096,000 496,720 Laboratory ...... 05 7,096,000 354,800 Medical Review Officer ...... 05 7,096,000 354,800 Laboratory Application ...... 3.00 3 9 Laboratory Inspection Checklist ...... 3.00 110 330 Laboratory Recordkeeping ...... 250.00 55 13,750
Total ...... 1,788,089
Written comments and DEPARTMENT OF HEALTH AND issues, discussions on SAMHSA’s recommendations concerning the HUMAN SERVICES Center for Substance Abuse Prevention, proposed information collection should Center for Substance Abuse Treatment, be sent within 30 days of this notice to: Substance Abuse and Mental Health and Center for Mental Health Services Allison Herron Eydt, Human Resources Services Administration policy issues, program developments and Housing Branch, Office of and new program initiatives, a Notice of a Meeting Management and Budget, New discussion on FY 2003 appropriation Executive Office Building, Room 10235, Pursuant to Public Law 92–463, issues, a Budget Update, and a update Washington, DC 20503. notice is hereby given of a meeting of on improvements in SAMHSA. There will also be presentations on SAMHSA’s Dated: April 4, 2003. the Substance Abuse and Mental Health Services Administration (SAMHSA) data collection projects and on Richard Kopanda, National Advisory Council in April SAMHSA’s science to services Executive Officer, SAMHSA. 2003. initiative. [FR Doc. 03–8888 Filed 4–10–03; 8:45 am] The SAMHSA National Advisory Attendance by the public will be BILLING CODE 4162–20–P Council meeting will be open and will limited to space available. Public include a report by the SAMHSA comments are welcome. Please Administrator on policy and program communicate with the individual listed
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as contact below to make arrangements Navajo County for emergency protective (The following Catalog of Federal Domestic to comment or to request special measures (Category B) under the Public Assistance Numbers (CFDA) are to be used accommodations for persons with Assistance program (already designated for for reporting and drawing funds: 83.537, disabilities. Public Assistance Categories A, Debris Community Disaster Loans; 83.538, Cora Substantive program information, a Removal; C, Roads and Bridges; E, Buildings Brown Fund Program; 83.539, Crisis and Equipment; F, Utilities and Individual Counseling; 83.540, Disaster Legal Services summary of the meeting, and a roster of Assistance). Program; 83.541, Disaster Unemployment Council members may be obtained Assistance (DUA); 83.556, Fire Management (The following Catalog of Federal Domestic either by accessing the SAMHSA Assistance; 83.558, Individual and Assistance Numbers (CFDA) are to be used Council Web site, http:// Household Housing; 83.559, Individual and for reporting and drawing funds: 83.537, Household Disaster Housing Operations; www.samhsa.gov/council/council or by Community Disaster Loans; 83.538, Cora communicating with the contact whose 83.560 Individual and Household Program- Brown Fund Program; 83.539, Crisis Other Needs, 83.544, Public Assistance name and telephone number is listed Counseling; 83.540, Disaster Legal Services below. Grants; 83.548, Hazard Mitigation Grant Program; 83.541, Disaster Unemployment Program.) Committee Name: SAMHSA National Assistance (DUA); 83.556, Fire Management Advisory Council. Assistance; 83.558, Individual and Michael D. Brown, Date/Time: Thursday, April 24, 2003, Household Housing; 83.559, Individual and Acting Under Secretary, Emergency 9 a.m. to 5:30 p.m. (open); Friday, April Household Disaster Housing Operations; Preparedness and Response. 25, 2003, 9 a.m. to 12:30 p.m. (open). 83.560 Individual and Household Program- [FR Doc. 03–8881 Filed 4–10–03; 8:45 am] Place: Embassy Suites Hotel, Chevy Other Needs, 83.544, Public Assistance BILLING CODE 6718–02–M Chase Room, 4300 Military Road, NW., Grants; 83.548, Hazard Mitigation Grant Program.) Washington, DC 20015. Contact: Toian Vaughn, Executive Michael D. Brown, DEPARTMENT OF HOMELAND Secretary, 5600 Fishers Lane, Parklawn Acting Under Secretary, Emergency SECURITY Building, Room 12C–05, Rockville, MD Preparedness and Response. 20857. Telephone: (301) 443–7016; [FR Doc. 03–8879 Filed 4–10–03; 8:45 am] Federal Emergency Management FAX: (301) 443–7590 and e-mail: BILLING CODE 6718–02–P Agency [email protected]. [FEMA–1454–DR] Dated: April 4, 2003. DEPARTMENT OF HOMELAND Kentucky; Amendment No. 2 to Notice Toian Vaughn, SECURITY of a Major Disaster Declaration Committee Management Officer, SAMHSA. [FR Doc. 03–8854 Filed 2–10–03; 8:45 am] Federal Emergency Management AGENCY: Federal Emergency BILLING CODE 4162–20–P Agency Management Agency, Emergency Preparedness and Response Directorate, [FEMA–1454–DR] Department of Homeland Security. DEPARTMENT OF HOMELAND ACTION: Notice. SECURITY Kentucky; Amendment No. 1 to Notice of a Major Disaster Declaration SUMMARY: This notice amends the notice Federal Emergency Management of a major disaster declaration for the AGENCY: Agency Federal Emergency Commonwealth of Kentucky (FEMA– Management Agency, Emergency 1454–DR), dated March 14, 2003, and [FEMA–1422–DR] Preparedness and Response Directorate, related determinations. Department of Homeland Security. EFFECTIVE DATE: Arizona; Amendment No. 5 to Notice of March 27, 2003. ACTION: a Major Disaster Declaration Notice. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal AGENCY: Federal Emergency SUMMARY: This notice amends the notice Emergency Management Agency, Management Agency, Emergency of a major disaster declaration for the Washington, DC 20472, (202) 646–2705. Commonwealth of Kentucky (FEMA– Preparedness and Response Directorate, SUPPLEMENTARY INFORMATION: The notice 1454–DR), dated March 14, 2003, and Department of Homeland Security. of a major disaster declaration for the related determinations. ACTION: Notice. Commonwealth of Kentucky is hereby EFFECTIVE DATE: March 27, 2003. amended to include the following area SUMMARY: This notice amends the notice FOR FURTHER INFORMATION CONTACT: among those areas determined to have of a major disaster declaration for the Magda Ruiz, Recovery Division, Federal been adversely affected by the State of Arizona, (FEMA–1422–DR), Emergency Management Agency, catastrophe declared a major disaster by dated June 25, 2002, and related Washington, DC 20472, (202) 646–2705. the President in his declaration of determinations. SUPPLEMENTARY INFORMATION: The notice March 14, 2003: Casey County for EFFECTIVE DATE: April 1, 2003. of a major disaster declaration for the Public Assistance. FOR FURTHER INFORMATION CONTACT: Commonwealth of Kentucky is hereby (The following Catalog of Federal Domestic Magda Ruiz, Recovery Division, Federal amended to include the following areas Assistance Numbers (CFDA) are to be used Emergency Management Agency, among those areas determined to have for reporting and drawing funds: 83.537, Washington, DC 20472, (202) 646–2705. been adversely affected by the Community Disaster Loans; 83.538, Cora SUPPLEMENTARY INFORMATION: The notice catastrophe declared a major disaster by Brown Fund Program; 83.539, Crisis of a major disaster declaration for the the President in his declaration of Counseling; 83.540, Disaster Legal Services State of Arizona is hereby amended to March 14, 2003: Anderson, Clay, Elliot, Program; 83.541, Disaster Unemployment Assistance (DUA); 83.556, Fire Management include the following area among those Estil, Knox, Lawrence, Magoffin, Mason, Assistance; 83.558, Individual and areas determined to have been adversely Menifee, Morgan, Nicholas, Powell, Household Housing; 83.559, Individual and affected by the catastrophe declared a Rowan, and Woodford Counties for Household Disaster Housing Operations; major disaster by the President in his Individual Assistance (already 83.560 Individual and Household Program- declaration of June 25, 2002: designated for Public Assistance). Other Needs, 83.544, Public Assistance
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Grants; 83.548, Hazard Mitigation Grant emergency is authorized at 75 percent U.S.C. 5121–5206 (the Stafford Act), as Program.) Federal funding for eligible costs. follows: Michael D. Brown, Further, you are authorized to make changes to this declaration to the extent I have determined that the damage in Acting Under Secretary, Emergency allowable under the Stafford Act. certain areas of the State of North Carolina, Preparedness and Response. resulting from an ice storm on February 27– [FR Doc. 03–8882 Filed 4–10–03; 8:45 am] The Federal Emergency Management 28, 2003, is of sufficient severity and BILLING CODE 6718–02–P Agency (FEMA) hereby gives notice that magnitude to warrant a major disaster pursuant to the authority vested in the declaration under the Robert T. Stafford Acting Under Secretary for Emergency Disaster Relief and Emergency Assistance DEPARTMENT OF HOMELAND Preparedness and Response, Department Act, 42 U.S.C. 5121–5206 (the Stafford Act). SECURITY of Homeland Security, under Executive I, therefore, declare that such a major disaster Order 12148, as amended, Peter exists in the State of North Carolina. Federal Emergency Management Martinasco, of FEMA is appointed to act In order to provide Federal assistance, you Agency as the Federal Coordinating Officer for are hereby authorized to allocate from funds available for these purposes, such amounts as [FEMA–3184–EM] this declared emergency. you find necessary for Federal disaster I do hereby determine the following assistance and administrative expenses. New York; Emergency and Related areas of the State of New York to have You are authorized to provide Public Determinations been affected adversely by this declared Assistance in the designated areas, Hazard emergency: Mitigation throughout the State, and any AGENCY: Federal Emergency The counties of Albany, Broome, other forms of assistance under the Stafford Management Agency, Emergency Act you may deem appropriate. Consistent Preparedness and Response Directorate, Chenango, Columbia, Delaware, Dutchess, Greene, Nassau, Orange, Putnam, Rockland, with the requirement that Federal assistance Department of Homeland Security. Schenectady, Schoharie, Suffolk, Sullivan, be supplemental, any Federal funds provided ACTION: Notice. Ulster and Westchester Counties, and New under the Stafford Act for Public Assistance York City for emergency protective measures and Hazard Mitigation will be limited to 75 SUMMARY: This is a notice of the (Category B) under the Public Assistance percent of the total eligible costs. If Other Presidential declaration of an program for a period of 48 hours. Needs Assistance under Section 408 of the emergency for the State of New York Stafford Act is later requested and warranted, (Catalog of Federal Domestic Assistance No. Federal funds provided under that program (FEMA–3184–EM), dated March 27, 83.516, Disaster Assistance.) 2003, and related determinations. will also be limited to 75 percent of the total Michael D. Brown, eligible costs. Further, you are authorized to EFFECTIVE DATE: March 27, 2003. Acting Under Secretary, Emergency make changes to this declaration to the extent FOR FURTHER INFORMATION CONTACT: Preparedness and Response. allowable under the Stafford Act. Magda Ruiz, Recovery Division, Federal [FR Doc. 03–8877 Filed 4–10–03; 8:45 am] Emergency Management Agency, The Federal Emergency Management BILLING CODE 6718–02–P Washington, DC 20472, (202) 646–2705. Agency (FEMA) hereby gives notice that SUPPLEMENTARY INFORMATION: Notice is pursuant to the authority vested in the hereby given that, in a letter dated DEPARTMENT OF HOMELAND Acting Under Secretary for Emergency March 27, 2003, the President declared SECURITY Preparedness and Response, Department an emergency under the authority of the of Homeland Security, under Executive Robert T. Stafford Disaster Relief and Federal Emergency Management Order 12148, as amended, Michael Emergency Assistance Act, 42 U.S.C. Agency Bolch, of FEMA is appointed to act as 5121–5206 (the Stafford Act), as follows: the Federal Coordinating Officer for this [FEMA–1457–DR] declared disaster. I have determined that the impact in certain areas of the State of New York, North Carolina; Major Disaster and I do hereby determine the following resulting from the record/near record snow Related Determinations areas of the State of North Carolina to on February 17–18, 2003, is of sufficient have been affected adversely by this severity and magnitude to warrant an AGENCY: Federal Emergency declared major disaster: emergency declaration under the Robert T. Management Agency, Emergency Stafford Disaster Relief and Emergency Alamance, Caswell, Forsyth, Granville, Preparedness and Response Directorate, Guilford, Orange, Person, Rockingham, and Assistance Act, 42 U.S.C. 5121–5206 Department of Homeland Security. (Stafford Act). I, therefore, declare that such Stokes Counties for Public Assistance. ACTION: Notice. an emergency exists in the State of New All counties in the State of North York. In order to provide Federal assistance, you SUMMARY: This is a notice of the Carolina and the Eastern Band of the are hereby authorized to allocate from funds Presidential declaration of a major Cherokee Indians are eligible to apply available for these purposes, such amounts as disaster for the State of North Carolina for assistance under the Hazard you find necessary for Federal disaster (FEMA–1457–DR), dated March 27, Mitigation Grant Program. assistance and administrative expenses. 2003, and related determinations. You are authorized to provide emergency (The following Catalog of Federal Domestic EFFECTIVE DATE: March 27, 2003. protective measures under the Public Assistance Numbers (CFDA) are to be used Assistance program to save lives, protect FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 83.537, public health and safety, and property. Other Magda Ruiz, Recovery Division, Federal Community Disaster Loans; 83.538, Cora forms of assistance under title V of the Emergency Management Agency, Brown Fund Program; 83.539, Crisis Stafford Act may be added at a later date, as Washington, DC 20472, (202) 646–2705. Counseling; 83.540, Disaster Legal Services you deem appropriate. You are further Program; 83.541, Disaster Unemployment SUPPLEMENTARY INFORMATION: Notice is authorized to provide this emergency Assistance (DUA); 83.556, Fire Management assistance in the affected areas for a period hereby given that, in a letter dated Assistance; 83.558, Individual and of 48 hours. You may extend the period of March 27, 2003, the President declared Household Housing; 83.559, Individual and assistance, as warranted. This assistance a major disaster under the authority of Household Disaster Housing Operations; excludes regular time costs for sub-grantees’ the Robert T. Stafford Disaster Relief 83.560 Individual and Household Program- regular employees. Assistance under this and Emergency Assistance Act, 42 Other Needs, 83.544, Public Assistance
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Grants; 83.548, Hazard Mitigation Grant DEPARTMENT OF HOMELAND Preparedness and Response, Department Program.) SECURITY of Homeland Security, under Executive Michael D. Brown, Order 12148, as amended, James N. Acting Under Secretary, Emergency Federal Emergency Management Russo, of FEMA is appointed to act as Preparedness and Response. Agency the Federal Coordinating Officer for this [FR Doc. 03–8886 Filed 4–10–03; 8:45 am] [FEMA–3182–EM] declared emergency. BILLING CODE 6718–02–P I do hereby determine the following Rhode Island; Emergency and Related areas of the State of Rhode Island to Determinations have been affected adversely by this DEPARTMENT OF HOMELAND declared emergency: AGENCY: Federal Emergency SECURITY Providence and Washington Counties for Management Agency, Emergency emergency protective measures (Category B) Federal Emergency Management Preparedness and Response Directorate, under the Public Assistance program for a Agency Department of Homeland Security. period of 48 hours. ACTION: Notice. (Catalog of Federal Domestic Assistance No. [FEMA–1453–DR] SUMMARY: This is a notice of the 83.516, Disaster Assistance) Ohio; Amendment No. 2 to Notice of a Presidential declaration of an Michael D. Brown, Major Disaster Declaration emergency for the State of Rhode Island Acting Under Secretary, Emergency (FEMA–3182–EM), dated March 27, Preparedness and Response. AGENCY: Federal Emergency 2003, and related determinations. [FR Doc. 03–8876 Filed 4–10–03; 8:45 am] Management Agency, Emergency EFFECTIVE DATE: March 27, 2003. BILLING CODE 6718–02–P Preparedness and Response Directorate, FOR FURTHER INFORMATION CONTACT: Department of Homeland Security. Magda Ruiz, Recovery Division, Federal DEPARTMENT OF HOMELAND ACTION: Notice. Emergency Management Agency, Washington, DC 20472, (202) 646–2705. SECURITY SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: Notice is Federal Emergency Management of a major disaster declaration for the hereby given that, in a letter dated Agency State of Ohio, (FEMA–1453–DR), dated March 27, 2003, the President declared March 14, 2003, and related an emergency under the authority of the [FEMA–1458–DR] determinations. Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Virginia; Major Disaster and Related EFFECTIVE DATE: April 1, 2003. 5121–5206 (the Stafford Act), as follows: Determinations FOR FURTHER INFORMATION CONTACT: I have determined that the emergency AGENCY: Federal Emergency Magda Ruiz, Recovery Division, Federal conditions in certain areas of the State of Management Agency, Emergency Emergency Management Agency, Rhode Island, resulting from record/near Preparedness and Response Directorate, Washington, DC 20472, (202) 646–2705. record snow on February 17–18, 2003, is of Department of Homeland Security. sufficient severity and magnitude to warrant ACTION: Notice. SUPPLEMENTARY INFORMATION: The notice an emergency declaration under the Robert T. of a major disaster declaration for the Stafford Disaster Relief and Emergency SUMMARY: This is a notice of the State of Ohio is hereby amended to Assistance Act, 42 U.S.C. 5121–5206 Presidential declaration of a major include the following areas among those (Stafford Act). I, therefore, declare that such disaster for the Commonwealth of areas determined to have been adversely an emergency exists in the State of Rhode Island. Virginia (FEMA–1458–DR), dated March affected by the catastrophe declared a In order to provide Federal assistance, you 27, 2003, and related determinations. major disaster by the President in his are hereby authorized to allocate from funds EFFECTIVE DATE: March 27, 2003. declaration of March 14, 2003: available for these purposes, such amounts as FOR FURTHER INFORMATION CONTACT: Gallia and Meigs Counties for Individual you find necessary for Federal disaster Magda Ruiz, Recovery Division, Federal Assistance (already designated for Public assistance and administrative expenses. Emergency Management Agency, Assistance). You are authorized to provide emergency Washington, DC 20472, (202) 646–2705. protective measures under the Public (The following Catalog of Federal Domestic Assistance program to save lives, protect SUPPLEMENTARY INFORMATION: Notice is Assistance Numbers (CFDA) are to be used public health and safety, and property. Other hereby given that, in a letter dated for reporting and drawing funds: 83.537, forms of assistance under Title V of the March 27, 2003, the President declared Community Disaster Loans; 83.538, Cora Stafford Act may be added at a later date, as Brown Fund Program; 83.539, Crisis a major disaster under the authority of you deem appropriate. You are further Counseling; 83.540, Disaster Legal Services the Robert T. Stafford Disaster Relief authorized to provide this emergency Program; 83.541, Disaster Unemployment and Emergency Assistance Act, 42 assistance in the affected areas for a period Assistance (DUA); 83.556, Fire Management U.S.C. 5121–5206 (the Stafford Act), as of 48 hours. You may extend the period of Assistance; 83.558, Individual and follows: assistance, as warranted. This assistance Household Housing; 83.559, Individual and excludes regular time costs for sub-grantees’ I have determined that the damage in Household Disaster Housing Operations; regular employees. Assistance under this certain areas of the Commonwealth of 83.560 Individual and Household Program- emergency is authorized at 75 percent Virginia, resulting from a severe winter Other Needs, 83.544, Public Assistance Federal funding for eligible costs. storm, record/near record snowfall, heavy Grants; 83.548, Hazard Mitigation Grant Further, you are authorized to make rain, flooding, and mudslides on February Program.) changes to this declaration to the extent 15–28, 2003, is of sufficient severity and Michael D. Brown, allowable under the Stafford Act. magnitude to warrant a major disaster declaration under the Robert T. Stafford Acting Under Secretary, Emergency The Federal Emergency Management Disaster Relief and Emergency Assistance Preparedness and Response. Agency (FEMA) hereby gives notice that Act, 42 U.S.C. 5121–5206 (the Stafford Act). [FR Doc. 03–8880 Filed 4–10–03; 8:45 am] pursuant to the authority vested in the I, therefore, declare that such a major disaster BILLING CODE 6718–02–P Acting Under Secretary for Emergency exists in the Commonwealth of Virginia.
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In order to provide Federal assistance, you Other Needs, 83.544, Public Assistance Other Needs, 83.544, Public Assistance are hereby authorized to allocate from funds Grants; 83.548, Hazard Mitigation Grant Grants; 83.548, Hazard Mitigation Grant available for these purposes, such amounts as Program.) Program.) you find necessary for Federal disaster Michael D. Brown, assistance and administrative expenses. Michael D. Brown, Acting Under Secretary, Emergency You are authorized to provide Individual Acting Under Secretary, Emergency Preparedness and Response. Assistance in the designated areas, Preparedness and Response. [FR Doc. 03–8883 Filed 4–10–03; 8:45 am] emergency assistance (emergency protective [FR Doc. 03–8887 Filed 4–10–03; 8:45 am] measures Category B under the Public BILLING CODE 6718–02–P BILLING CODE 6718–02–P Assistance program) for a period of 48 hours in the designated areas, and Hazard Mitigation throughout the State, and any DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND other forms of assistance under the Stafford SECURITY Act that you may deem appropriate. SECURITY Consistent with the requirement that Federal Federal Emergency Management Federal Emergency Management assistance be supplemental, any Federal Agency funds provided under the Stafford Act for Agency Public Assistance, Hazard Mitigation, and the [FEMA–1455–DR] Other Needs Assistance under Section 408 of [FEMA–1455–DR] the Stafford Act will be limited to 75 percent West Virginia; Amendment No. 3 to of the total eligible costs. West Virginia; Amendment No. 1 to Further, you are authorized to make Notice of a Major Disaster Declaration Notice of a Major Disaster Declaration changes to this declaration to the extent AGENCY: Federal Emergency AGENCY: Federal Emergency allowable under the Stafford Act. Management Agency, Emergency Management Agency, Emergency The time period prescribed for the Preparedness and Response Directorate, Preparedness and Response Directorate, implementation of section 310(a), Department of Homeland Security. Department of Homeland Security. Priority to Certain Applications for ACTION: Notice. Public Facility and Public Housing ACTION: Notice. Assistance, 42 U.S.C. 5153, shall be for SUMMARY: This notice amends the notice a period not to exceed six months after of a major disaster declaration for the SUMMARY: This notice amends the notice the date of this declaration. State of West Virginia, (FEMA–1455– of a major disaster declaration for the The Federal Emergency Management DR), dated March 14, 2003, and related Commonwealth of West Virginia Agency (FEMA) hereby gives notice that determinations. (FEMA–1455–DR), dated March 14, 2003, and related determinations. pursuant to the authority vested in the EFFECTIVE DATE: April 2, 2003. Acting Under Secretary for Emergency FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: March 27, 2003. Preparedness and Response, Department Magda Ruiz, Recovery Division, Federal FOR FURTHER INFORMATION CONTACT: of Homeland Security, under Executive Emergency Management Agency, Magda Ruiz, Recovery Division, Federal Order 12148, as amended, Justo Washington, DC 20472, (202) 646–2705. Emergency Management Agency, Hernandez, of FEMA is appointed to act SUPPLEMENTARY INFORMATION: The notice Washington, DC 20472, (202) 646–2705. as the Federal Coordinating Officer for of a major disaster declaration for the SUPPLEMENTARY INFORMATION: The notice this declared disaster. State of West Virginia is hereby of a major disaster declaration for the I do hereby determine the following amended to include the following areas Commonwealth of West Virginia is areas of the Commonwealth of Virginia among those areas determined to have hereby amended to include the to have been affected adversely by this been adversely affected by the following areas among those areas declared major disaster: catastrophe declared a major disaster by determined to have been adversely Buchanan, Dickenson, Montgomery, the President in his declaration of affected by the catastrophe declared a Russell, Tazewell, and Wise Counties and the March 14, 2003: major disaster by the President in his cities of Norton, Roanoke and Salem for declaration of March 14, 2003: All Individual Assistance. Calhoun, Greenbrier, Mason, McDowell, Arlington, Clarke, Fairfax, Fauquier, Mercer, Nicholas, Raleigh, Upshur, counties in the State of West Virginia Frederick, Highland, Loudoun, Orange, and Webster, and Wyoming Counties for are eligible to apply for assistance under Rappahannock Counties and the cities of Individual Assistance (already the Hazard Mitigation Grant Program. Alexandria, Fairfax, Falls Church, and designated for Public Assistance). (The following Catalog of Federal Domestic Winchester for emergency protective Fayette County for Individual Assistance Numbers (CFDA) are to be used measures (Category B) under the Public Assistance. for reporting and drawing funds: 83.537, Assistance program for a period of 48 hours. Boone, Summers, Tyler, and Wetzel Community Disaster Loans; 83.538, Cora All counties within the Counties for Public Assistance. Brown Fund Program; 83.539, Crisis Commonwealth of Virginia are eligible Kanawha County for Public Assistance Counseling; 83.540, Disaster Legal Services to apply for assistance under the Hazard (already designated for Individual Program; 83.541, Disaster Unemployment Mitigation Grant Program. Assistance). Assistance (DUA); 83.556, Fire Management Assistance; 83.558, Individual and (The following Catalog of Federal Domestic (The following Catalog of Federal Domestic Household Housing; 83.559, Individual and Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used Household Disaster Housing Operations; for reporting and drawing funds: 83.537, for reporting and drawing funds: 83.537, 83.560 Individual and Household Program- Community Disaster Loans; 83.538, Cora Community Disaster Loans; 83.538, Cora Other Needs, 83.544, Public Assistance Brown Fund Program; 83.539, Crisis Brown Fund Program; 83.539, Crisis Grants; 83.548, Hazard Mitigation Grant Counseling; 83.540, Disaster Legal Services Counseling; 83.540, Disaster Legal Services Program.) Program; 83.541, Disaster Unemployment Program; 83.541, Disaster Unemployment Michael D. Brown, Assistance (DUA); 83.556, Fire Management Assistance (DUA); 83.556, Fire Management Acting Under Secretary, Emergency Assistance; 83.558, Individual and Assistance; 83.558, Individual and Preparedness and Response. Household Housing; 83.559, Individual and Household Housing; 83.559, Individual and Household Disaster Housing Operations; Household Disaster Housing Operations; [FR Doc. 03–8884 Filed 4–10–03; 8:45 am] 83.560 Individual and Household Program- 83.560 Individual and Household Program— BILLING CODE 6718–02–P
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DEPARTMENT OF HOMELAND (FRPCC) advises the public that the surplus Federal property reviewed by SECURITY FRPCC will meet on April 23, 2003, in HUD for suitability for possible use to Washington, DC. assist the homeless. Federal Emergency Management DATES: The meeting will be held on FOR FURTHER INFORMATION CONTACT: Agency April 23, 2003, at 9 a.m. Mark Johnston, room 7266, Department [FEMA–1455–DR] ADDRESSES: The meeting will be held at of Housing and Urban Development, FEMA’s Lobby Conference Center, 500 C 451 Seventh Street, SW., Washington, West Virginia; Amendment No. 2 to Street, SW., Washington, DC 20472. DC 20410; telephone (202) 708–1234, Notice of a Major Disaster Declaration TTY number for the hearing- and FOR FURTHER INFORMATION CONTACT: Pat speech-impaired (202) 708–2565 (these AGENCY: Federal Emergency Tenorio, FEMA, 500 C Street, SW., telephone numbers are not toll-free), or Management Agency, Emergency Washington, DC 20472, telephone (202) call the toll-free title V information line Preparedness and Response Directorate, 646–2870; fax (202) 646–4321; or e-mail at 1–800–927–7588. Department of Homeland Security. [email protected]. SUPPLEMENTARY INFORMATION: In ACTION: Notice. SUPPLEMENTARY INFORMATION: The role accordance with 24 CFR part 581 and and functions of the FRPCC are section 501 of the Stewart B. McKinney SUMMARY: This notice amends the notice described in 44 CFR 351.10(a) and Homeless Assistance Act (42 U.S.C. of a major disaster declaration for the 351.11(a). The Agenda for the upcoming 11411), as amended, HUD is publishing State of West Virginia, (FEMA–1455– FRPCC meeting is expected to include: this notice to identify Federal buildings DR), dated March 14, 2003, and related (1) Introductions, (2) Federal agencies’ and other real property that HUD has determinations. updates, (3) reports from FRPCC reviewed for suitability for use to assist EFFECTIVE DATE: March 28, 2003. subcommittees, (4) old and new the homeless. The properties were FOR FURTHER INFORMATION CONTACT: business, and (5) business from the reviewed using information provided to Magda Ruiz, Recovery Division, Federal floor. HUD by Federal landholding agencies Emergency Management Agency, The meeting is open to the public, regarding unutilized and underutilized Washington, DC 20472, (202) 646–2705. subject to the availability of space. buildings and real property controlled SUPPLEMENTARY INFORMATION: Reasonable provision will be made, if Notice is by such agencies or by GSA regarding time permits, for oral statements from hereby given that the incident period for its inventory of excess or surplus the public of not more than five minutes this disaster is closed effective March Federal property. This notice is also in length. Any member of the public 28, 2003. published in order to comply with the who wishes to make an oral statement (The following Catalog of Federal Domestic December 12, 1988 Court Order in at the April 23, 2003, FRPCC meeting Assistance Numbers (CFDA) are to be used National Coalition for the Homeless v. should request time, in writing, from W. for reporting and drawing funds: 83.537, Veterans Administration, No. 88–2503– Craig Conklin, FRPCC Chair, FEMA, 500 Community Disaster Loans; 83.538, Cora OG (D.D.C.). Brown Fund Program; 83.539, Crisis C Street, SW., Washington, DC 20472. Properties reviewed are listed in this Counseling; 83.540, Disaster Legal Services The request should be received at least notice according to the following Program; 83.541, Disaster Unemployment five business days before the meeting. categories: Suitable/available suitable/ Assistance (DUA); 83.556, Fire Management Any member of the public who wishes unavailable, suitable/to be excess, and Assistance; 83.558, Individual and to file a written statement with the Household Housing; 83.559, Individual and unsuitable. The properties listed in the FRPCC should mail the statement to: Household Disaster Housing Operations; three suitable categories have been Federal Radiological Preparedness 83.560 Individual and Household Program- reviewed by the landholding agencies, Coordinating Committee, c/o Pat Other Needs, 83.544, Public Assistance and each agency has transmitted to Tenorio, FEMA, 500 C Street, SW., Grants; 83.548, Hazard Mitigation Grant HUD: (1) Its intention to make the Program.) Washington, DC 20472. property available for use to assist the Michael D. Brown, W. Craig Conklin, homeless, (2) its intention to declare the Acting Under Secretary, Emergency Director, Technological Services Division, property excess to the agency’s needs, or Preparedness and Response. Office of National Preparedness, Federal (3) a statement of the reasons that the [FR Doc. 03–8885 Filed 4–10–03; 8:45 am] Emergency Management Agency, Chair, property cannot be declared excess or BILLING CODE 6718–02–P Federal Radiological Preparedness made available for use as facilities to Coordinating Committee. assist the homeless. [FR Doc. 03–8878 Filed 4–10–03; 8:45 am] Properties listed as suitable/available DEPARTMENT OF HOMELAND BILLING CODE 6718–06–P will be available exclusively for SECURITY homeless use for a period of 60 days from the date of this notice. Where Federal Emergency Management DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Agency URBAN DEVELOPMENT only’’ recipients of the property will be required to relocate the building to their Federal Radiological Preparedness [Docket No. FR–4809–N–15] own site at their own expense. Coordinating Committee Meeting Federal Property Suitable as Facilities Homeless assistance providers AGENCY: Federal Emergency To Assist the Homeless interested in any such property should Management Agency (FEMA), send a written expression of interest to Emergency Preparedness and Response AGENCY: Office of the Assistant HHS, addressed to Shirley Kramer, Directorate, Department of Homeland Secretary for Community Planning and Division of Property Management, Security. Development, HUD. Program Support Center, HHS, room ACTION: Notice. ACTION: Notice. 5B–41, 5600 Fishers Lane, Rockville, MD 20857; (301) 443–2265. (This is not SUMMARY: The Federal Radiological SUMMARY: This notice identifies a toll-free number.) HHS will mail to the Preparedness Coordinating Committee unutilized, underutilized, excess, and interested provider an application
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packet, which will include instructions Policy Division, Naval Facilities Status: Excess for completing the application. In order Engineering Command, Washington Comment: approx. 400 sq. ft. each, most to maximize the opportunity to utilize a Navy Yard, 1322 Patterson Ave., SE., recent use—storage, off-site use only suitable property, providers should Suite 1000, Washington, DC 20374– Unsuitable Properties submit their written expression of 5065; (202) 685–9200; (These are not Buildings (by State) interest as soon as possible. For toll-free numbers). California complete details concerning the Dated: April 3, 2003. processing of application, the reader is Bldg. 6255 John D. Garrity, encouraged to refer to the interim rule National Park governing this program, 24 CFR part Director, Office of Special Needs Assistance Yosemite Co: Tuolumne CA Programs. 581. Landholding Agency: Interior For properties listed as suitable/to be TITLE V, FEDERAL SURPLUS PROPERTY Property Number: 61200310004 excess, that property may, if PROGRAM, FEDERAL REGISTER REPORT Status: Unutilized Reason: Extensive deterioration subsequently accepted as excess by FOR 4/11/03 GSA, be made available for use by the Residence #811 Suitable/Available Properties Cascades homeless in accordance with applicable Buildings (by State) Yosemite Co: Mariposa CA 95318– law, subject to screening for other Landholding Agency: Interior Federal use. At the appropriate time, Iowa Property Number: 61200310005 HUD will publish the property in a Fed. Bldg./Bldg. 87 Status: Unutilized notice showing it as either suitable/ 6921 Chaffee Road Reason: Extensive deterioration available or suitable/unavailable. Ft. Des Moines Co: Polk IA 50315– Residence #812 For properties listed as suitable/ Landholding Agency: GSA Cascades unavailable, the landholding agency has Property Number: 54200310022 Yosemite Co: Mariposa CA 95318– decided that the property cannot be Status: Surplus Landholding Agency: Interior declared excess or made available for Comment: 8375 sq. ft., presence of asbestos, Property Number: 61200310006 most recent use—storage Status: Unutilized use to assist the homeless, and the GSA Number: 7–G–IA–501 property will not be available. Reason: Extensive deterioration Properties listed as unsuitable will Post Office/Fed. Bldg. Residence #813 101 Parkside not be made available for any other Cascades West Branch Co: Cedar IA 52358– Yosemite Co: Mariposa CA 95318– purpose for 20 days from the date of this Landholding Agency: GSA notice. Homeless assistance providers Landholding Agency: Interior Property Number: 54200310023 Property Number: 61200310007 interested in a review by HUD of the Status: Surplus Status: Unutilized determination of unsuitability should Comment: 9500 sq. ft. Reason; Extensive deterioration call the toll free information line at 1– GAS Number: 7–G–IA–505 Residence #814 800–927–7588 for detailed instructions New Jersey Cascades or write a letter to Mark Johnston at the Warren Property Yosemite Co: Mariposa CA 95318– address listed at the beginning of this Jenks Hill Road Landholding Agency: Interior notice. Included in the request for Harding Co: Morris NJ 07960– Property Number: 61200310008 review should be the property address Landholding Agency: Interior Status: Unutilized (including zip code), the date of Property Number: 61200310019 Reason; Extensive deterioration publication in the Federal Register, the Status: Unutilized Residence #815 landholding agency, and the property Comment: 4066 sq. ft., needs major rehab, Cascades number. presence of asbestos/lead paint, off-site use Yosemite Co: Mariposa CA 95318– For more information regarding only Landholding Agency: Interior particular properties identified in this Pennsylvania Property Number: 61200310009 notice (i.e., acreage, floor plan, existing Status: Unutilized Marienville Ranger Ofc. Reason; Extensive deterioration sanitary facilities, exact street address), Rte 66 providers should contact the Marienville Co: PA 16239– Residence #816 appropriate landholding agencies at the Landholding Agency: Agriculture Cascades Yosemite Co: Mariposa CA 95318– following addresses: Agriculture: Ms. Property Number: 15200310001 Status: Excess Landholding Agency: Interior Marsha Pruitt, Department of Property Number: 61200310010 Agriculture, Reporters Building, 300 7th Comment: 1792 sq. ft., presence of asbestos, most recent use—office, considerable Status: Unutilized Street, SW., Room 310B, Washington, relocation costs, off-site use only Reason: Extensive deterioration DC 20250; (202) 720–4335; Energy: Mr. Texas Residence #817 Tom Knox, Department of Energy, Cascades Office of Engineering & Construction Tract 104–47 Yosemite Co: Mariposa CA 95318– Management, CR–80, Washington, DC San Antonio Missions Landholding Agency: Interior 20585; (202) 586–8715; GSA: Mr. Brian 8902 Graaf Road Property Number: 61200310011 San Antonio Co: Bexar TX 78223– Status: Unutilized K. Polly, Assistant Commissioner, Landholding Agency: Interior General Services Administration, Office Reason: Extensive deterioration Property Number: 61200310003 Residence #818 of the Property Disposal, 18th and F Status: Unutilized Streets, NW., Washington, DC 20450; Cascades Comment: 1379 sq. ft., Historic District, off- Yosemite Co: Mariposa CA 95318– (202) 501–0052; Interior: Ms. Linda site use only Landholding Agency: Interior Tribby, Acquisition & Property Virginia Property Number: 61200310012 Management, Department of the Bldg. 1443 & Adj. Bldg. Status: Unutilized Interior, 1849 C Street, NW., MS5512, NSS Norfolk Naval Shipyard Reason: Extensive deterioration Washington, DC 20240; (202) 219–0728; Portsmouth Co: VA 23704– Residence #819 Navy: Mr. Charles C. Cocks, Director, Landholding Agency: Navy Cascades Department of the Navy, Real Estate Property Number: 77200310060 Yosemite Co: Mariposa CA 95318–
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Landholding Agency: Interior Landholding Agency: Energy copies. Instructions for filing protests Property Number: 61200310013 Property Number: 41200310021 are contained in the Final Status: Unutilized Status: unutilized. Environmental Impact Statement Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or document cover sheet just inside the Residence #820 explosive material, secured Area. front cover, and are included below Cascades Tract No. 112–15 under SUPPLEMENTARY INFORMATION. Yosemite Co: Mariposa CA 95318– Big Thicket Nat’l Preserve Landholding Agency: Interior Livingston Co: Polk TX 77351– ADDRESSES: Public reading copies of the Property Number: 61200310014 Landholding Agency: Interior FEIS will be available for reading at Status: Unutilized Property Number: 61200310021 public libraries: Caliente Branch Reason: Extensive deterioration Status: Unutilized Library; Clark County Library; Las Vegas Residence #821 Reason: Extensive deterioration Public Library; Lincoln County Library; Cascades [FR Doc. 03–8548 Filed 4–10–03; 8:45 am] Mesquite Library; North Las Vegas Yosemite Co: Mariposa CA 95318– BILLING CODE 4210–29–M Library; Panaca High School Library; Landholding Agency: Interior University of Nevada-Las Vegas; James Property Number: 61200310015 R. Dickinson Library Documents Status: Unutilized Department; University of Nevada-Reno; Reason: Extensive deterioration DEPARTMENT OF THE INTERIOR Getchell Library Government Colorado Bureau of Land Management Publication Dept.; Washoe County Boker/Tract 01–138 Library; White Pine County Library. A 20632 Trail Ridge [NV–040–03–5101–ER–F336; N–74943] limited number of copies of the Grand Lake Co: Grand CO 80447– document will be available at the Notice of Availability of the Proposed Landholding Agency: Interior following BLM offices: BLM Nevada Property Number: 61200310016 Toquop Land Disposal Amendment to State Office, Las Vegas Field Office, Status: Unutilized the Caliente Management Framework Caliente Field Station, and Ely Field Reason: Extensive deterioration Plan and Final Environmental Impact Office. Boker/Tract 01–138 Statement for the Toquop Energy 20633 Trail Ridge Project FOR FURTHER INFORMATION CONTACT: Grand Lake Co: Grand CO 80447– Gene A. Kolkman, Field Manager, Landholding Agency: Interior AGENCY: Bureau of Land Management, Bureau of Land Management, Ely Field Property Number: 61200310017 Interior. Office, 702 N. Industrial Way, Ely, Status: Unutilized Reason: Extensive deterioration ACTION: Notice of availability of the Nevada 89301–9408; telephone (775) proposed Toquop Land Disposal 289–1800. Florida Amendment to the Caliente SUPPLEMENTARY INFORMATION: The Bldg. 292 Management Framework Plan (MFP) Environmental Protection Agency Naval Air Facility and Final Environmental Impact published the notice of availability of Key West Co: Monroe FL 33040– Landholding Agency: Navy Statement (FEIS) for the Toquop Energy the Draft EIS (DEIS) on May 31, 2002. Property Number: 77200310058 Project. The public comment period on the DEIS Status: Unutilized ended August 29, 2002. The FEIS Reason: Extensive deterioration SUMMARY: Pursuant to section 102(2)(C) addresses alternatives to resolve the Bldg. 1481 of the National Environmental Policy following major issues: ground water Naval Air Station Act (NEPA) of 1969, an FEIS has been resources, air quality, economic Milton Co: FL 32570–6001 prepared by the Bureau of Land benefits, and desert tortoise habitat. Landholding Agency: Navy Management (BLM), Ely Field Office, for This proposed Toquop Land Disposal Property Number 77200310059 the Toquop Energy Project. The FEIS Amendment to the Caliente MFP and Status: Excess was prepared to evaluate the effects of FEIS for the Toquop Energy Project Reasons: Within 2000 ft. of flammable or amending the Caliente Management evaluates the environmental effects that explosive material, secured area, extensive Framework Plan to identify specific deterioration would result from issuance of a right-of- sections of land as available for disposal way for the construction of the proposed Louisiana through sale or exchange, effects of an Toquop Energy electric power Mamolo Property, exchange of 640 acres in the Toquop generating plant. This 1,100-megawatt National Park, area for 640 acres in the Pah Rah area, (MW) natural gas-fired and water-cooled Marrero Co: Jefferson LA 70072– and to analyze the impacts of issuing a power plant and associated features Landholding Agency: Interior. right-of-way for the construction and would be located on public lands in Property Number: 61200310018. operation of a natural gas fired electric Status: Excess. Lincoln County and Clark County, Reason: Extensive deterioration. power generating plant and associated southern Nevada, that are presently facilities on public land currently New Mexico managed by the Ely and Las Vegas Field administered by the Ely and Las Vegas Offices of the U.S. Bureau of Land Trailer #S–8, Field Offices of the BLM. Management (BLM). The power plant Chaco Culture NHP, DATES: Nageezi Co: San Juan NM 87037– The Proposed Toquop Land site for the proposed action is Landholding Agency: Interior. Disposal Amendment to the Caliente approximately 50 miles south-southeast Property Number: 61200310020. Management Framework Plan and Final of Caliente, Nevada, and 12 miles Status: Unutilized. Environmental Impact Statement for the northwest of Mesquite, Nevada. An Reason: Extensive deterioration. Toquop Energy Project is available for a alternative power plant site located in Texas 30-day protest period starting from the the Tule Desert approximately 12 miles 5 Bldgs. date the Environmental Protection north-northwest of the Toquop Wash Pantex Plant. Agency (EPA) publishes its NOA in the plant site and an alternative air-cooled Amarillo Co: Carson TX 79120– Federal Register. Copies of the FEIS plant located at the Toquop Wash plant Location: 12–091, 15–023, 15–023A, 16–006, will be mailed to individuals, agencies, site are evaluated. This document also FS–008 or companies who previously requested evaluates the effects of amending the
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Caliente MFP, which would identify • A statement of the part or parts of Group I. Exxon Mobil Company specific sections of land as available for the document being protested. ExxonMobil Exploration Corporation. disposal. This action would be needed • A copy of all documents addressing to dispose of 640 acres in the Toquop the issue or issues previously submitted Group II. Shell Oil Company area through sale or exchange. This during the planning process by the SWEPILP. document also evaluates the effects of protesting party, or an indication of the Shell Frontier Oil and Gas Inc. an exchange of 640 acres in the Toquop date the issue or issues were discussed Shell Consolidated Energy Resources area for 640 acres of private land located for the record. Inc. in the Pah Rah Range in Washoe County • A concise statement explaining Shell Land and Energy Company. in northwestern Nevada. Federal actions precisely why the Bureau of Land Shell Onshore Ventures Inc. addressed in the accompanying Management, Nevada State Directors’s Shell Offshore Properties and Capital II, document are the BLM’s issuance of decision is wrong. Inc. rights-of-way needed to construct and Upon resolution of any protests, an Shell Rocky Mountain Production LLC. operate the Toquop Energy Project and Approved Plan Amendment and Record Shell Gulf of Mexico Inc. an amendment of the Caliente MFP to of Decision will be issued for the plan Group III. BP America Production identify specific public lands as amendment. The Approved Plan Company available for disposal through sale or Amendment/Record of Decision will be facilitation of a land exchange as it mailed to all individuals who Amoco Production Company. relates to the proposed project. This participated in this planning process BP Exploration and Production Inc. Final EIS satisfies the National and all other interested public upon BP Exploration (Alaska) Inc. Environmental Policy Act, which their request. Group IV. TotalFinaElf E&P USA, Inc. mandates that federal agencies analyze Mailing address for filing a protest: the environmental consequences of Group V. ChevronTexaco Corporation Regular Mail major undertakings. The agency Chevron U.S.A. Inc. preferred alternative is the selected Director (210), Attn: Brenda Williams, Texaco Exploration and Production Inc. alternative for the proposed plan and P.O. Box 66538, Washington, DC Texaco Production Inc. Final EIS. The preferred alternative 20035. includes a proposed Toquop Land Dated: March 21, 2003. Disposal Amendment to the Caliente Overnight Mail Johnnie Burton, MFP, water-cooled power plant, western U.S. Department of the Interior, Director, Minerals Management Service. utility alignment ROW, wellfield ROW, Director, Bureau of Land [FR Doc. 03–8923 Filed 4–10–03; 8:45 am] and access road ROW, southern power Management, Protest Coordinator BILLING CODE 4310–MR–P plant site ROW, Toquop land disposal (WO–210), 1620 ‘‘L’’ Street, NW., Rm (southern parcel) through exchange. In 1075, Washington, DC 20036. addition to the proposed action, three DEPARTMENT OF THE INTERIOR other alternatives were developed for Dated: February 14, 2003. the Toquop Land Disposal Amendment Robert V. Abbey, National Park Service to the Caliente MFP and Toquop Energy State Director, Nevada. Delaware Water Gap National Project. The document contains a [FR Doc. 03–8798 Filed 4–10–03; 8:45 am] Recreation Area Citizen Advisory summary of the decisions and resulting BILLING CODE 4310–HC–P Commission Meeting impacts, an overview of the planning process and planning issues, the AGENCY: National Park Service; Interior. DEPARTMENT OF THE INTERIOR Proposed Plan Amendment, comment ACTION: Notice of meeting; correction. letters and responses and verbal Minerals Management Service comments received during public SUMMARY: The National Park Service review of the Draft Plan Amendment Notice on Outer Continental Shelf Oil published a document in the Federal and Toquop Energy Project, and and Gas Lease Sales Register of December 3, 2002, responses to the substantive issues concerning public meetings of the raised during the review. AGENCY: Minerals Management Service, Delaware Water Gap National The proposed Toquop Land Disposal Interior. Recreation Area Citizen Advisory Amendment to the Caliente ACTION: List of restricted joint bidders. Commission. The dates, time and Management Framework Plan may be location for two of those meetings have protested by any person who SUMMARY: Pursuant to the authority been changed (one meeting has already participated in the planning process, vested in the Director of the Minerals been held as scheduled). and who has an interest which is or may Management Service by the joint Correction be, adversely affected by the approval of bidding provisions of 30 CFR 256.41, the proposed plan amendment. A each entity within one of the following In the Federal Register of December 3, protest may raise only those issues groups shall be restricted from bidding 2002, volume 67, page 71985, which were submitted for the record with any entity in any other of the concerning public meetings of the during the planning process (see 43 following groups at Outer Continental Delaware Water Gap National Code of Federal Regulations 1610.5–2). Shelf oil and gas lease sales to be held Recreation Area Citizen Advisory The protest shall contain the following during the bidding period May 1, 2003, Commisison, the dates, time and information: through October 31, 2003. The List of location of two of the meetings have • The name, mailing address, Restricted Joint Bidders published been changed: telephone number, and interest of the October 31, 2002, in the Federal SUMMARY: This notice announces public person filing the protest. Register at 67 FR 66416 covered the meetings of the Delaware Water Gap • A statement of the issue or issues period November 1, 2002, through April National Recreation Area Citizen being protested. 30, 2003. Advisory Commission. Notice of these
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meetings is required under the Federal 2003 Sample Survey of Law surveys have been conducted in 1987, Advisory Committee Act (Pub. L. 92– Enforcement Agencies. 1990, 1993, 1997, 1999, and 2000. Data- 463). DATES: Proposals must be received at the sets and reports for these prior collections are available on the BJS Web Correction Bureau of Justice Statistics (BJS) on or before 5 p.m. EST, May 12, 2003 or be site at http://www.ojp.usdoj.gov/bjs. Meeting Date and Time: Thursday, postmarked on or before May 12, 2003. Recently released reports from the latest April 24, 2003 at 6 p.m., ADDRESSES: Proposals should be sent to survey are available from the BJS Web Address: Walpack Valley Application Coordinator, Bureau of site, Local Police Departments, 2000, at Environmental Education Center, Justice Statistics, 810 Seventh Street, http://www.ojp.usdoj.gov/bjs/abstract/ Walpack, New Jersey 07881. NW., Washington, DC 20531; T: (202) lpd00.htm, and Sheriffs’ Offices, 2000, The agenda for this meeting will 616–3497. Due to recent interruptions in at http://www.ojp.usdoj.gov/bjs/ consist of Commission reports which mail service, it is recommended that abstract/so00.htm. typically include natural resources, applicants fax (202) 616–1351), e-mail The 2003 survey will add to the recreation, and historic structures. The ([email protected]), use a existing series by including questions Superintendent will provide reports on professional delivery service (e.g., related to terrorism/mass disaster park issues and items of interest brought FedEx, UPS, etc.), or personally deliver response, and other current topic areas. forth by the Commission and the public. applications, to ensure timely receipt. This will provide important information The agenda is set up to invite the public FOR FURTHER INFORMATION CONTACT: for the development and expansion of to bring issues of interest before the Matthew Hickman, Statistician, Bureau law enforcement activity, and the Commission. information will be useful for policy- Meeting Date and Time: Thursday, of Justice Statistics, 810 Seventh Street, NW., Washington, DC 20531; Phone makers engaged in research, planning, April 24, 2003 immediately following and budgeting. previous meeting, (202) 353–1631 (This is not a toll free Address: Walpack Valley number); Email: Eligibility Requirements [email protected]. Environmental Education Center, Both profit-making and nonprofit Walpack, New Jersey 07881. Authority: 42 U.S.C. 3732. organizations may apply for funds. The agenda for this meeting will SUPPLEMENTARY INFORMATION: Consistent with OJP fiscal requirements, consist of the annual Commission Program Goals however, no fees may be charged against meeting and election of officers for the project by profit-making The purpose of this award is to 2003–2004. organizations. SUPPLEMENTARY INFORMATION: The provide funding to administer the 2003 Delaware Water Gap National Sample Survey of Law Enforcement Scope of Work Agencies (SSLEA). This data collection Recreation Area Citizen Advisory The objective of this project is to is part of the Law Enforcement Commission was established by Pub. L. complete data collection for the 2003 Management and Administrative 100–573 to advise the Secretary of the Sample Survey of Law Enforcement Statistics (LEMAS) program, a recurring Interior and the United States Congress Agencies. This includes extensive survey series that collects information on matters pertaining to the follow-up, data verification, coding and from a nationally representative sample management and operation of the data entry, and delivery of a final data of law enforcement agencies. The survey Delaware Water Gap National set and documentation. The initial will obtain information about law Recreation Area, as well as on other survey instrument and respondent list enforcement personnel, equipment, matters affecting the recreation area and will be provided by BJS. Specifically, policies and programs, operations, its surrounding communities. the recipient of funds will: terrorism/mass disaster response, FOR FURTHER INFORMATION, CONTACT: computers and information systems, 1. Develop a detailed timetable for Superintendent, Delaware Water Gap and other topics. The initial survey each task in the project. Data collection National Recreation Area, Bushkill, PA instrument and respondent list will be should begin within three months of the 18324, (570) 588–2418. provided by the Bureau of Justice project start and be completed within Dated: January 14, 2003. Statistics (BJS). It is anticipated that twelve months. After the BJS project William G. Laitner, approximately 2,000 respondents will manager has agreed to the timetable, all work must be completed as scheduled. Superintendent. answer a 4-page questionnaire, and an 2. Conduct a pre-test of the survey [FR Doc. 03–8937 Filed 4–10–03; 8:45 am] additional 1,000 respondents will instrument in a minimum of five sites BILLING CODE 4310–70–P answer an 8-page questionnaire. BJS anticipates making one award for to assure that survey items are perceived a 12-month period under this by respondents as intended and can be solicitation. provided in a timely manner. This task DEPARTMENT OF JUSTICE will be performed with participation of Background Bureau of Justice Statistics BJS staff. The LEMAS program is currently the 3. Mail surveys to respondents and [OJP(BJS)–1370] most systematic and comprehensive provide extensive follow-up to source of national data on law respondents that require help, 2003 Sample Survey of Law enforcement personnel, expenditures clarification, or encouragement to Enforcement Agencies and pay, operations, equipment, complete the survey. This may involve AGENCY: Bureau of Justice Statistics, computers and information systems, multiple follow-up telephone calls, re- Office of Justice Programs, Justice. and policies and procedures. Findings mailing or re-faxing surveys, e-mail ACTION: Notice of solicitation. from the LEMAS program are designed correspondence, and site visits where to provide a broad picture of the current necessary. SUMMARY: The purpose of this notice is state of law enforcement in America, as 4. Develop an Internet-based or other to announce a public solicitation to well as to document both existing and electronic transmission option for obtain a data collection agent for the emerging trends. Previous LEMAS responding to the survey.
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5. Implement and maintain an produce SPSS readable data files for project, sub-contractual agreements, and automated system to provide ongoing analysis and report production. other allowable costs. The grant will be status of each survey respondent, 2. Demonstrated ability and made for a period of 12 months. complete documentation, and an experience in collecting data from law Dated: April 4, 2003. inventory of follow-up communication enforcement agencies or similar entities. Lawrence A. Greenfeld, and procedures for each case. This 3. Demonstrated fiscal, management, Director, Bureau of Justice Statistics. automated tracking system should staff, and organizational capacity to remain current and be accessible to the provide sound management for this [FR Doc. 03–8900 Filed 4–10–03; 8:45 am] BJS project monitor at all times. project. Applicant should include BILLING CODE 4410–18–P 6. Identify techniques necessary to detailed staff resources and other costs achieve a 90 percent or greater survey by project tasks. DEPARTMENT OF LABOR response rate. Response rates for Application and Award Process previous LEMAS surveys have ranged Office of the Secretary from 92.6 percent to 97.8 percent. An original and two (2) copies of the full proposal must be submitted 7. Identify techniques necessary to Submission for OMB Review; achieve a 90 percent or greater survey including: • Standard Form 424, Application for Comment Request item response rate. The data collection Federal Assistance. agent will have routine contact with the April 7, 2003. • OJP Form 7150/1, Budget Detail agencies and must be knowledgeable The Department of Labor (DOL) has Worksheet. about the content of the instrument. • submitted the following public OJP Form 4000/3, Program information collection request (ICR) to 8. Deliver to BJS electronic versions of Narrative and Assurances. the survey data, and documentation on • the Office of Management and Budget OJP Form 4061/6, Certification (OMB) for review and approval in diskette and in ASCII file format. Survey regarding Lobbying, Debarment, documentation should include, but is accordance with the Paperwork Suspension, and Other Responsibility Reduction Act of 1995 (Pub. L. 104–13, not limited to, a comprehensive Matters; Drug Free Workplace codebook detailing variable positions, 44 U.S.C. chapter 35). A copy of this requirements. ICR, with applicable supporting data coding, variable and value labels, • OJP Form 7120–1, Accounting documentation, may be obtained by any recoding implemented during the System and Financial Capability calling the Department of Labor. To data cleaning process, and copies of all Questionnaire (to be submitted by obtain documentation contact Darrin program code used to generate data or applicants who have not previously King on (202) 693–4129 or E-Mail: published statistics. All data generated received Federal Funds from the Office [email protected]. by this project belongs to BJS. of Justice Programs). Publication, presentation, or Comments should be sent to Office of These forms can be obtained online Information and Regulatory Affairs, dissemination of the data in any form, from http://www.ojp.usdoj.gov/ prior to official release by BJS, is Attn: OMB Desk Officer for ETA, Office forms.htm. of Management and Budget, Room prohibited. All data and documentation In addition, fund recipients are 10235, Washington, DC 20503 ((202) from this survey will be accessible required to comply with regulations 395–7316), within 30 days from the date through the BJS website, and the data designed to protect human subjects and of this publication in the Federal will be archived at the Inter-University ensure confidentiality of data. In Consortium for Political and Social Register. accordance with 28 CFR part 22, a The OMB is particularly interested in Research (ICPSR). Privacy Certificate must be submitted to comments which: Award Procedures and Evaluation BJS. Furthermore, a Screening Sheet for • Evaluate whether the proposed Criteria Protection of Human Subjects must be collection of information is necessary completed prior to the award being for the proper performance of the Proposals should describe the plan issued. Questions regarding Protection functions of the agency, including and implementation strategies outlined of Human Subjects and/or Privacy whether the information will have in the Scope of Work. Information on Certificate requirements can be directed practical utility; staffing levels and qualifications should to the Human Subjects Protection • Evaluate the accuracy of the be included for each task, as well as Officer (HSPO) at (202) 616–3282 (This agency’s estimate of the burden of the descriptions of experience relevant to is not a toll free number). proposed collection of information, the project. Resumes of the proposed Proposals must include a project including the validity of the project director and key staff should be description and detailed budget. The methodology and assumptions used; enclosed with the proposal. project narrative should describe • Enhance the quality, utility, and Applications will be reviewed activities as discussed in the Scope of clarity of the information to be competitively with the final award Work and address the evaluation collected; and decision made by the Director of BJS. criteria. The project narrative should • Minimize the burden of the The applicant will be evaluated on the contain a detailed timeline for project collection of information on those who basis of: activities, a description of the survey are to respond, including through the 1. Demonstrated knowledge of methodology to be used, including use of appropriate automated, applied survey research, including defined geographic boundaries, data electronic, mechanical, or other survey construction, interview collection method, data entry, and data technological collection techniques or techniques, data collection, data coding, documentation procedures. The detailed other forms of information technology, entry and verification, and the budget must provide detailed costs, e.g., permitting electronic submission of production of public use data files. This including salaries of staff involved in responses. includes availability of an adequate the project and the portion of those Agency: Employment and Training computing environment, knowledge of salaries to be paid from the award, Administration (ETA). standard social science data processing fringe benefits paid to each staff person, Type of Review: Extension of a software, and demonstrated ability to travel costs, supplies required for the currently approved collection.
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Title: Title XII Advances and FOR FURTHER INFORMATION CONTACT: worker adjustment assistance to be Voluntary Repayments. Melanie Baker, Staff Assistant, Office of issued, each of the group eligibility OMB Number: 1205–0199. the 21st Century Workforce, U.S. requirements of section 222 of the Act Affected Public: State, local, or tribal Department of Labor, Room S–2235, 200 must be met. government. Constitution Avenue, NW., Washington, (1) That a significant number or Type of Response: Reporting. DC 20210. The contact telephone proportion of the workers in the Frequency: On occasion. number is (202) 693–6490. workers’ firm, or an appropriate Number of Respondents: 8. subdivision thereof, have become totally Annual Responses: 80. SUPPLEMENTARY INFORMATION: The Average Time per Response: 1 hour. meeting is open to the public. The or partially separated, or are threatened Total Annual Burden Hours: 80. agenda for this meeting includes: to become totally or partially separated; Total Annualized Capital/Startup • Welcome and remarks by U.S. and Costs: $0. Secretary of Labor Elaine L. Chao; (2) That sales or production, or both, Total Annual Costs (operating/ • Welcome and remarks by the of the firm or sub-division have maintaining systems or purchasing Director of the Office of the 21st Century decreased absolutely, and services): $0. Workforce; (3) That increases of imports of Description: Section 1202(a) of the • Briefing by Department of Labor articles like or directly competitive with Social Security Act provides that the (DOL) Officials; articles produced by the firm or • Governor of any State may at any time Committee meeting on the Skills appropriate subdivision have request that funds be transferred from Gap, Changing Demographics and contributed importantly to the the account of such State to the Federal Workplace Issues. separations, or threat thereof, and to the Unemployment Account in repayment An official record of the meeting will absolute decline in sales or production of part or all of the balance of advances be available for public inspection in the of such firm or subdivision. made to such State under section 1201. Office of the 21st Century Workforce. Negative Determinations for Worker This ICR seeks approval to continue the All inquiries should be addressed to the Adjustment Assistance process of requesting and repaying Office of the 21st Century Workforce at advances through correspondence from the address and telephone number In each of the following cases the Governors to the Secretary of Labor. provided above. investigation revealed that criterion (3) Individuals needing special has not been met. A survey of customers Darrin A. King, accommodations for the Council or indicated that increased imports did not Acting Departmental Clearance Officer. Committee meeting should contact contribute importantly to worker [FR Doc. 03–8904 Filed 4–10–03; 8:45 am] Melanie Baker at 202–693–6490 before separations at the firm. BILLING CODE 4510–30–M April 21, 2003. TA–W–41,765; Regal Plastics, LLC, Interested parties may submit written Roseville, MI data, views or comments, preferably 20 DEPARTMENT OF LABOR copies, to Melanie Baker at the address In the following case, the listed above. The Office of the 21st investigation revealed that the criteria Office of the Secretary of Labor Century Workforce will forward for eligibility have not been met for the reasons specified. Notice of Meeting: President’s Council submissions received prior to the meeting to the appropriate Council or The investigation revealed that on the 21st Century Workforce and the criterion (a)(2)(A) (I.B) (No sales or Committees on Skills Gap, Committees and will include each submission in the record of the meeting. production decline and (a)(2)(B) (II.B) Demographics and Workplace Issues (No shift in production to a foreign Signed in Washington DC on April 7, 2003. AGENCY: Office of the Secretary of Labor. country) have not been met. Shelley S. Hymes, ACTION: Notice of meeting of the TA–W–51,313; Fishing Vessel (F/V) Director, Office of the 21st Century Workforce. President’s Council on the 21st Century Nanesse, Skagway, AK Workforce and meeting of Committees. [FR Doc. 03–8906 Filed 4–10–03; 8:45 am] TA–W–51,107; Halex/Scott Fetzer Co., BILLING CODE 4510–23–P Bedford Heights, OH SUMMARY: Pursuant to Executive Order The investigation revealed that 13218, the Secretary of Labor will hold criteria (b)(3) has not been met. The DEPARTMENT OF LABOR a meeting of the President’s Council on workers’ firm (or subdivision) is not an the 21st Century Workforce, hereafter supplier or downstream producer to a (The Council). This is the third meeting Employment and Training Administration firm (or subdivision) for trade-affected of the Council and its Committees on companies. the Skills Gap, Changing Demographics, Notice of Determinations Regarding TA–W–51,080; H and L Tool Co., Erie, and Workplace Issues. The Council and Eligibility To Apply for Worker PA Committees will provide information Adjustment Assistance and NAFTA The investigation revealed that and advice to the President, through the Transitional Adjustment Assistance Secretary of Labor and the Office of the criterion (a)(2)(A) (I.C.) (Increased 21st Century Workforce, on issues In accordance with section 223 of the imports) and (a) (2)(B) (II.B) (No shift in guided by Executive Order 13218. Trade Act of 1974, as amended, the production to a foreign country) have Date, Time & Location: The Council Department of Labor herein presents not been met. and the Committees will meet on April summaries of determinations regarding TA–W–50,836; Fishing Vessel (F/V) The 29, 2003, from 8:30 a.m. to eligibility to apply for trade adjustment Fox, Metlakatla, AK approximately 2 p.m. The location of assistance for workers (TA–W) issued TA–W–50,429; Universal Electronics, the meeting will be the Secretary’s during the period of March and April Inc., Menomonee Falls, WI Conference Room, U.S. Department of 2003. TA–W–50,496; U.S. Manufacturing Labor, Francis Perkins Building, 200 In order for an affirmative Corp., Fraser, MI Constitution Avenue, NW., Washington determination to be made and a TA–W–50,810; Deltech Polymers Corp., DC 20210. certification of eligibility to apply for Troy, OH
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TA–W–50,784; Sara Lee Hosiery, TA–W–51,234; HP Pelzer, Thompson, TA–W–50,305; State of Alaska Rockingham, NC GA Commercial Fisheries Entry TA–W–51,084; Gilinsky Logging, Inc., The investigation revealed that Commission Permit #SO4T64733Q, Rogue River, OR criterion (a)(2)(A) (I.C.) (Increased Manokotak, AK: March 21, 2002. TA–W–51,132; 4-C’s Fisheries, Kodiak, imports) and (a)(2)(B) (No shift in TA–W–50,946; Sara Lee Intimate AK production to a foreign country) have Apparel, Statesville, NC: February TA–W–50,511; Johns Manville, not been met. 11, 2002. Parkersburg Plant, Vienna, WV TA–W–50,945; Chem-Fab Corp., Hot TA–W–50,912; Kroehler Furniture TA–W–50,549; Sweetheart Cup Co., Springs, AR Manufacturing Co., Inc., Sewing Lafayette Div., Lafayette, GA Div., Conover, NC: February 5, TA–W–50,657; Hewlett Packard Co., Affirmative Determinations for Worker 2002. Supply Chain Div., Swedesboro, NJ Adjustment Assistance TA–W–51,146; Garan, Inc., Church TA–W–50,926; Hartford Compressors, The following certifications have been Point, LA: March 12, 2002. Inc., West Hartford, CT issued; the date following the company TA–W–50,739; Canron Construction TA–W–51,303; Pryor Fish Camp, name and location of each Corp., Canron East, Conklin, NY: Kodiak, AK determination references the impact January 29, 2002. The workers firm does not produce an date for all workers of such TA–W–50,939; J-Sports, Inc., Caryville, article as required for certification under determination. TN: February 14, 2002. Section 222 of the Trade Act of 1974. TA–W–42,180; Hy-Lift, LLC, Muskegon, TA–W–50,954; Eaton Corp., Fluid Power TA–W–50,874; Ocwem Federal Bank, MI: September 17, 2001. Group, Global Hose Div., including West Palm Beach, FL TA–W–42,360; Precision Twist Drill Co., leased workers of Holland TA–W–51,216; Lexmark International, Rhinelander, WI: September 16, Employment Agency, Norwood, NC: Inc., Orlando, FL 2001. February 13, 2002. TA–W–51,200; Synopsys, Inc., Hillsboro, The following certifications have been TA–W–50,972; Ontario Die International OR issued. The requirements of (a)(2)(A) of Tennessee, Lebanon, TN: TA–W–51,109; Worldcom Payroll (increased imports) of Section 222 have February 11, 2002. Services, LLC, Hunt Valley, MD been met. TA–W–51,088; Farley’s and Sathers TA–W–50,740; Argus Services, Inc., TA–W–50,727; United Defense, LP, Candy Co., Inc., Brooklyn, NY: Libby, MT Ground Systems Div., York, PA: February 26, 2002. TA–W–51,053; Eastman Kodak Co., January 28, 2002 TA–W–50,854; TA–W–51,178; My Room, Inc., Oakdale, MN Reitz Tool, Inc., Cochranton, PA: Lawrenceville, VA: March 12, 2002. TA–W–50,952; Trinity Industries, Inc., February 10, 2002. TA–W–51,249; OSRAM SYLVANIA McKees Rocks, PA TA–W–50,158; Stewart Apparel, Inc., Products, Inc., Bangor, ME: March TA–W–50,880; Savane International Greensboro, GA: March 6, 2002. 20, 2002 Corp., Santa Teresa, NM TA–W–50,732 &A; Oneida Limited, TA–W–51,063; Ingersoll-Rand Security TA–W–51,281; First Source Furniture Silversmiths Div., Sherrill, NY and and Safety, including leased Group LLC, Corporate Headquarters, Oneida, NY: workers of Adecco, Inc., Security, Support Center, Nashville, TN December 10, 2001. CO: February 10, 2002. TA–W–50,915; Techbooks, York, PA TA–W–50,197; Williamsport Wirerope TA–W–50,558; PCC Olofsson, a Div. of TA–W–51,140; Verizon Works, Inc., Williamsport, PA: Precision Castparts Corp., Lansing, Communications, Verizon Data November 22, 2001 MI: January 9, 2002. Services, Temple Terrace, FL TA–W–50,808; Thomson Industries, Also, pursuant to Title V of the North TA–W–51,077; Advanced Technology Inc., Port Washington, NY: American Free Trade Agreement Services, Inc., Mt. Clemens, MI December 31, 2001. Implementation Act (Pub. L. 103–182) The investigation revealed that TA–W–50,820; Lapp Insulator Co. LLC, concerning transitional adjustment criterion (a)(2)(A) (I.A) (no employment Substation Div., Leroy, NY: assistance hereinafter called (NAFTA– declines) has been met. November 7, 2001. TAA) and in accordance with section TA–W–51,302; Fishing Vessel (F/V) TA–W–50,845; Vishay Dale Electronics, 250(a), subchaper D, chapter 2, title II, Chasina Bay, Ketchikan, AK Inc., Standard Products Dept., of the Trade Act as amended, the TA–W–50,753; Fishing Vessel (F/V) Norfolk, NE: February 7, 2002. Department of Labor presents Lynn & Michelle, Monokotak, AK TA–W–050,968; Manitowoc Cranes, a summaries of determinations regarding TA–W–51,312; Fishing Vessel (F/V) Div, of Manitowoc Co., Inc., eligibility to apply for NAFTA–TAA Travis G, Manokotak, AK Manitowoc, WI: February 21, 2002. issued during the month of March and TA–W–51,102; Pozzi Windows, Div of TA–W–51,070; New World Pasta Co., April 2003. Jeld-Wen, Inc., Bend OR Louisville, KY: February 27, 2002. In order for an affirmative TA–W–51,134; Vanity Fair, Jeans Wear The following certifications have been determination to be made and a Div., Windsor, NC issued. The requirements of (a)(2)(B) certification of eligibility to apply for TA–W–51,308; State of Alaska (shift in production) of Section 222 have NAFTA–TAA the following group Commercial Fisheries Entry been met. eligibility requirements of section 250 of Commission Permit #SO4T60318C, TA–W–51,090; Liberty West, Wilsonville, the Trade Act must be met: Manokotak, AK OR: March 6, 2002. (1) That a significant number or The investigation revealed that TA–W–50,575; ITT Industries, Inc., proportion of the workers in the criterion (a)(2)(A) (I.B) (sales or Fluid Handling Systems, Rochester, workers’ firm, or an appropriate production, or both did not decline) and NY: January 7, 2002. subdivision thereof, (including workers (a)(2)(A) (II.B) (no shift in production to TA–W–51,306; State of Alaska in any agricultural firm or appropriate a foreign country) have not been met. Commercial Fisheries Entry subdivision thereof) have become totally TA–W–50,838; Fishing Vessel (F/V) Commission Permit #SO4T59828F, or partially separated from employment Windy Sea, Kodiak, AK Manokotak, AK: March 21, 2002. and either—
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(2) That sales or production, or both, DEPARTMENT OF LABOR DEPARTMENT OF LABOR of such firm or subdivision have decreased absolutely, Employment and Training Employment and Training Administration Administration (3) That imports from Mexico or Canada of articles like or directly [TA–W–50,017] competitive with articles produced by [TA–W–50,598] such firm or subdivision have increased, Blue Bird Corp., Blue Bird Body Co., Blandin Paper Co. Including Blue Bird Midwest Division, Including and that the increases imports Temporary Workers of Search contributed importantly to such Temporary Workers of Temp Resources, Grand Rapids, MN; Associates, CSI Employment Services, workers’ separations or threat of Amended Certification Regarding separation and to the decline in sales or Successful Futures, CSI LTD., Inc., Mt. Eligibility To Apply for Worker Pleasant, IA; Amended Certification production of such firm or subdivision; Adjustment Assistance or Regarding Eligibility To Apply for Worker Adjustment Assistance (4) That there has been a shift in In accordance with section 223 of the production by such workers’ firm or Trade Act of 1974 (19 U.S.C. 2273) the In accordance with section 223 of the subdivision to Mexico or Canada of Department of Labor issued a Trade Act of 1974 (19 U.S.C. 2273) the articles like or directly competitive with Certification of Eligibility to Apply for Department of Labor issued a articles which are produced by the firm Worker Adjustment Assistance on Certification of Eligibility to Apply for or subdivision. February 13, 2003, applicable to Worker Adjustment Assistance on workers of Blandin Paper Company, December 3, 2002, applicable to workers Negative Determinations NAFTA–TAA Grand Rapids, Minnesota. The notice of Blue Bird Corporation, Blue Bird was published in the Federal Register Body Company, Blue Bird Midwest In each of the following cases the on March 10, 2003 (68 FR 11410). Division, Mt. Pleasant, Iowa. The notice investigation revealed that criteria (3) was published in the Federal Register and (4) were not met. Imports from At the request of a company official, the Department reviewed the on December 23, 2002 (67 FR 78256). Canada or Mexico did not contribute certification for workers of the subject At the request of the State agency, the importantly to workers’ separations. firm. Information provided by the Department reviewed the certification There was no shift in production from company shows that temporary workers for workers of the subject firm. the subject firm to Canada or Mexico of Search Resources were employed at Information provided by the State and during the relevant period. Blandin Paper Company to produce the company shows that temporary None. coated magazine paper at the Grand workers of Temp Associates, CSI Employment Services, Successful The investigation revealed that the Rapids, Minnesota location of the Futures and CSI Ltd., Inc. were criteria for eligibility have not been met subject firm. employed at Blue Bird Corporation, Based on these findings, the for the reasons specified. Blue Bird Body Company, Blue Bird Department is amending this The investigation revealed that the Midwest Division to produce school certification to include temporary workers of the subject firm did not buses at the Mt. Pleasant, Iowa location workers of Search Resources, Grand produce an article within the meaning of the subject firm. Rapids, Minnesota employed at Blandin of Section 250(a) of the Trade Act, as Based on these findings, the Paper Company, Grand Rapids, amended. Department is amending this Minnesota. None. certification to include temporary The intent of the Department’s workers of Temp Associates, CSI Affirmative Determinations NAFTA– certification is to include all workers of Employment Services, Successful TAA Blandin Paper who were adversely Futures and CSI Ltd., Inc., Mt. Pleasant, affected by the shift in production to Iowa working at Blue Bird Corporation, None. Canada and Finland. Blue Bird Body Company, Blue Bird I hereby certify that the The amended notice applicable to Midwest Division, Mt. Pleasant, Iowa. aforementioned determinations were TA–W–50,598 is hereby issued as The intent of the Department’s issued during the month of March and follows: certification is to include all workers of Blue Bird Corporation, Blue Bird Body April 2003. Copies of these All workers of Blandin Paper, Grand determinations are available for Rapids, Minnesota including temporary Company, Blue Bird Midwest Division inspection in Room C–5311, U.S. workers of Search Resources, Grand Rapids, who were adversely affected by the shift Department of Labor, 200 Constitution Minnesota engaged in employment related to in production to Canada. Avenue, NW., Washington, DC 20210 the production of coated magazine paper at The amended notice applicable to during normal business hours or will be Blandin Paper Company, Grand Rapids, TA–W–50,017 is hereby issued as mailed to persons who write to the Minnesota, who became totally or partially follows: separated from employment on or after above address. All workers of Blue Bird Corporation, Blue January 17, 2002, through February 13, 2005, Bird Body Company, Blue Bird Midwest Dated: April 4, 2003. are eligible to apply for adjustment assistance Division, Mt. Pleasant, Iowa, including Edward A. Tomchick, under Section 223 of the Trade Act of 1974. temporary workers of Temp Associates, CSI Director, Division of Trade Adjustment Signed at Washington, DC this 26th day of Employment Services, Successful Futures Assistance. March 2003. and CSI Ltd., Inc., engaged in employment Richard Church, related to the production of school buses at [FR Doc. 03–8915 Filed 4–10–03; 8:45 am] Blue Bird Body Company, Blue Bird Midwest Certifying Officer, Division of Trade BILLING CODE 4510–30–P Division, Mt. Pleasant, Iowa, who became Adjustment Assistance. totally or partially separated from [FR Doc. 03–8916 Filed 4–10–03; 8:45 am] employment on or after November 5, 2001, BILLING CODE 4510–30–P through December 3, 2004, are eligible to
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apply for adjustment assistance under section initiated on February 24, 2003, in DEPARTMENT OF LABOR 223 of the Trade Act of 1974. response to a worker petition filed by a Signed at Washington, DC this 17th day of company official on behalf of workers at Employment and Training March 2003. CSI Ltd. Inc., Burlington, Iowa. Administration Linda G. Poole, The Department has amended an Investigations Regarding Certifications Certifying Officer, Division of Trade active certification for workers of Blue Adjustment Assistance. Bird Corporation, Blue Bird Body of Eligibility To Apply for Worker Adjustment Assistance [FR Doc. 03–8917 Filed 4–10–03; 8:45 am] Company, Blue Bird Midwest Division, BILLING CODE 4510–30–P Mt. Pleasant, Iowa (TA–W–50,017), to include the workers of CSI, Ltd., Inc., Petitions have been filed with the engaged in employment related to the Secretary of Labor under section 221(a) DEPARTMENT OF LABOR production of school buses at the Mt. of the Trade Act of 1974 (‘‘the Act’’) and Pleasant, Iowa plant. are identified in the Appendix to this Employment and Training Consequently, further investigation in notice. Upon receipt of these petitions, Administration this case would serve no purpose, and the Director of the Division of Trade the investigation has been terminated. Adjustment Assistance, Employment [TA–W–50,746] and Training Administration, has Signed in Washington, DC, this 17th day of CSI Employment Services, Mt. instituted investigations pursuant to March, 2003. section 221(a) of the Act. Pleasant, IA; Notice of Termination of Linda G. Poole, The purpose of each of the Investigation Certifying Officer, Division of Trade Adjustment Assistance. investigations is to determine whether Pursuant to section 221 of the Trade the workers are eligible to apply for [FR Doc. 03–8913 Filed 4–10–03; 8:45 am] Act of 1974, an investigation was adjustment assistance under title II, initiated on January 30, 2003, in BILLING CODE 4510–30–P chapter 2, of the Act. The investigations response to a worker petition filed on will further relate, as appropriate, to the behalf of workers of CSI Employment DEPARTMENT OF LABOR determination of the date on which total Services, Mt. Pleasant, Iowa. or partial separations began or The Department has amended an threatened to begin and the subdivision active certification for workers of Blue Employment and Training of the firm involved. Bird Corporation, Blue Bird Body Administration Company, Blue Bird Midwest Division, The petitioners or any other persons Mt. Pleasant, Iowa (TA–W–50,017), to [TA–W–51,257] showing a substantial interest in the include the workers of CSI Employment subject matter of the investigations may Services, engaged in employment Mason Shoe Manufacturing Co., request a public hearing, provided such related to the production of school Chippewa Falls, WI; Notice of request is filed in writing with the buses at the Mt. Pleasant, Iowa plant. Termination of Investigation Director, Division of Trade Adjustment Assistance, at the address shown below, Consequently, further investigation in Pursuant to section 221 of the Trade not later than April 21, 2003. this case would serve no purpose, and Act of 1974, as amended, an the investigation has been terminated. investigation was initiated on March 21, Interested persons are invited to Signed in Washington, DC, this 17th day of 2003 in response to a petition filed by submit written comments regarding the March, 2003. the United Food and Commercial subject matter of the investigations to Linda G. Poole, Workers, Local 268 on behalf of workers the Director, Division of Trade Certifying Officer, Division of Trade at Mason Shoe Manufacturing Adjustment Assistance, at the address Adjustment Assistance. Company, Chippewa, Wisconsin. shown below, not later than April 21, [FR Doc. 03–8910 Filed 4–10–03; 8:45 am] The petitioning group of workers is 2003. BILLING CODE 4510–30–P covered by an active certification (TA– The petitions filed in this case are W–41,017) which remains in effect until available for inspection at the Office of March 20, 2004. Consequently, further the Director, Division of Trade DEPARTMENT OF LABOR investigation in this case would serve Adjustment Assistance, Employment no purpose, and the investigation has and Training Administration, U.S. Employment and Training been terminated. Department of Labor, Room C–5311, 200 Administration Signed at Washington, DC, this 25th day of Constitution Avenue, NW., Washington, [TA–W–50,961] March, 2003. DC 20210. Linda G. Poole, Signed in Washington, DC this 25th day of CSI Ltd, Inc., Burlington, IA; Notice of Certifying Officer, Division of Trade March, 2003. Termination of Investigation Adjustment Assistance. Edward A. Tomchick, Pursuant to section 221 of the Trade [FR Doc. 03–8914 Filed 4–10–03; 8:45 am] Director, Division of Trade Adjustment Act of 1974, an investigation was BILLING CODE 4510–30–P Assistance.
APPENDIX.—PETITIONS INSTITUTED BETWEEN 03/17/2003 AND 03/25/2003
Date of Date of TAÐW Subject firm (petitions) Location institution petition
51,170 Siemens Energy and Automation (Comp) ...... Miami, FL ...... 03/17/2003 03/14/2003 51,171 SAP America, Inc. (Wkrs) ...... Newtown Square, PA ...... 03/17/2003 03/07/2003 51,172 Tabuchi Electric Company (TN) ...... Cordova, TN ...... 03/17/2003 03/14/2003 51,173 Ericssion, Inc. (Wkrs) ...... Brea, CA ...... 03/17/2003 01/06/2003 51,174 Mann Edge Tool Company (Comp) ...... Lewistown, PA ...... 03/17/2003 03/17/2003
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APPENDIX.—PETITIONS INSTITUTED BETWEEN 03/17/2003 AND 03/25/2003—Continued
Date of Date of TAÐW Subject firm (petitions) Location institution petition
51,175 Jamestown Precision Tooling, Inc. (Comp) ...... Jamestown, NY ...... 03/17/2003 02/05/2003 51,176 Remy Logistics (Comp) ...... Anderson, IN ...... 03/17/2003 03/11/2003 51,177 Kelly Services (Wkrs) ...... Newtown Square, PA ...... 03/17/2003 03/07/2003 51,178 My Room, Inc. (Comp) ...... Lawrenceville, VA ...... 03/17/2003 03/12/2003 51,179 Standard Corporation (Comp) ...... Duncan, SC ...... 03/17/2003 03/14/2003 51,180 General Electric (Wkrs) ...... Corpus Christi, TX ...... 03/17/2003 03/10/2003 51,181 Elliott Ebara Group (Wkrs) ...... Jeannette, PA ...... 03/17/2003 02/28/2003 51,182 Ball Container (AR) ...... Blytheville, AR ...... 03/17/2003 03/14/2003 51,183 Columbia Falls Aluminum Co. (Comp) ...... Columbia Falls, MT ...... 03/17/2003 03/13/2003 51,184 ABN Amro Bank (Wkrs) ...... Miami, FL ...... 03/17/2003 03/14/2003 51,185 Fishing Vessel North Runner (Comp) ...... Homer, AK ...... 03/17/2003 03/13/2003 51,186 State of Alaska Commerical Fisheries (Comp) ...... Togiak, AK ...... 03/17/2003 01/23/2003 51,187 Thermal-Arc, Inc. (Wkrs) ...... Troy, OH ...... 03/18/2003 03/07/2003 51,188 Thunderbird Mining Company ...... Eveleth, MN ...... 03/18/2003 03/17/2003 51,189 Nokia (Comp) ...... Santa Rosa, CA ...... 03/18/2003 03/11/2003 51,190 Zurn Industries, Inc. (Wkrs) ...... Erie, PA ...... 03/18/2003 03/13/2003 51,191 Getronics (Wkrs) ...... Billerica, MA ...... 03/18/2003 03/03/2003 51,192 U.S. Textile Corporation (Wkrs) ...... Newland, NC ...... 03/18/2003 03/12/2003 51,193 Journey Bottling, LLC (CA) ...... Santa Rosa, CA ...... 03/18/2003 03/06/2003 51,194 Weyerhaeuser Company (Comp) ...... Plymouth, NC ...... 03/18/2003 03/07/2003 51,195 Caraustar (Comp) ...... Rittman, OH ...... 03/18/2003 03/14/2003 51,196 Siemens Energy and Automation, Inc. (IUECWA) ...... Norwood, OH ...... 03/18/2003 01/13/2003 51,197 Boeing Company (The) (Comp) ...... Pueblo, CO ...... 03/18/2003 03/17/2003 51,198 Oregon Log Homes (OR) ...... Sisters, OR ...... 03/18/2003 03/17/2003 51,199 Dura Automotive Systems (NFIU) ...... Stockton, IL ...... 03/18/2003 03/10/2003 51,200 Synopsys, Inc. (OR) ...... Hillsboro, OR ...... 03/18/2003 03/11/2003 51,201 First International Computer of TX (Wkrs) ...... Austin, TX ...... 03/18/2003 03/12/2003 51,202 Spectrum Control (Wkrs) ...... Wesson, MS ...... 03/18/2003 03/03/2003 51,203 Arrow Electronics (Wkrs) ...... Foothill Ranch, CA ...... 03/18/2003 03/03/2003 51,204 Corbin Ltd. (Wkrs) ...... Ashland, NY ...... 03/18/2003 03/01/2003 51,205 Phoenix Gold (Wkrs) ...... Portland, OR ...... 03/18/2003 03/11/2003 51,206 Hosokawa Micron International, Inc. (CA) ...... Santa Rosa, CA ...... 03/18/2003 03/10/2003 51,207 General Electric (Wkrs) ...... Mebane, NC ...... 03/18/2003 03/07/2003 51,208 Stanley Works (IAMAW) ...... Farmington, CT ...... 03/19/2003 03/10/2003 51,209 WellChoice, Inc. (Wkrs) ...... New York, NY ...... 03/19/2003 03/10/2003 51,210 Intel Corporation (Wkrs) ...... Santa Clara, CA ...... 03/19/2003 03/07/2003 51,211 CommScope, Inc. (Wkrs) ...... Claremont, NC ...... 03/19/2003 02/12/2003 51,212 Siemens VDO Automotive (Wkrs) ...... Cheshire, CT ...... 03/19/2003 03/14/2003 51,213 MKS Instruments (CO) ...... Colorado Spring, CO ...... 03/19/2003 03/07/2003 51,214 Millward Brown (Wkrs) ...... Racine, WI ...... 03/19/2003 03/12/2003 51,215 Hydromatic Pump (Wkrs) ...... Ashland, OH ...... 03/19/2003 03/05/2003 51,216 Lexmark International, Inc. (Comp) ...... Orlando, FL ...... 03/19/2003 03/18/2003 51,217 Universal Instrument Corporation (NY) ...... Binghamton, NY ...... 03/19/2003 03/10/2003 51,218 Oregon Screw Machine Products (Comp) ...... Portland, OR ...... 03/19/2003 03/10/2003 51,219 Gemini Gas Compressors (Wkrs) ...... Corpus Christi, TX ...... 03/19/2003 03/10/2003 51,220 Wellington Leisure Products (Comp) ...... Crivitz, WI ...... 03/19/2003 03/18/2003 51,221 Industrial Clutch (IAMAW) ...... Waukesha, WI ...... 03/19/2003 03/17/2003 51,222 Parker Seals (IAMAW) ...... Waukesha, WI ...... 03/19/2003 03/17/2003 51,223 PPG (Wkrs) ...... Shelby, NC ...... 03/19/2003 03/17/2003 51,224 Olin Brass (USWA) ...... Indianapolis, IN ...... 03/19/2003 03/14/2003 51,225 Crompton Corporation (Comp) ...... Naugatuck, CT ...... 03/19/2003 03/13/2003 51,226 Haworth, Inc. (MI) ...... Holland, MI ...... 03/19/2003 03/13/2003 51,227 Corning Cable Systems, LLC (Wkrs) ...... Hickory, NC ...... 03/19/2003 03/18/2003 51,228 M.E.L., Inc. (Comp) ...... Winchester, MN ...... 03/19/2003 02/26/2003 51,229 Uniloy Milacron (Comp) ...... Manchester, MI ...... 03/19/2003 03/11/2003 51,230 Viasystems (OR) ...... Beaverton, OR ...... 03/19/2003 03/17/2003 51,231 Micron Technology Virginia (Wkrs) ...... Manassas, VA ...... 03/19/2003 03/10/2003 51,232 Lees Curtain Company (Wkrs) ...... Thayer, MO ...... 03/19/2003 03/05/2003 51,233 Universal Stainless and Alloy Products (USW) ...... Bridgeville, PA ...... 03/19/2003 03/17/2003 51,234 HP Pelzer (Wkrs) ...... Thomson, GA ...... 03/19/2003 03/06/2003 51,235 F/V Halo Wawa (Comp) ...... Ketchikan, AK ...... 03/19/2003 03/12/2003 51,236 KC Fisheries, Inc. (Comp) ...... Kodiak, AK ...... 03/19/2003 02/12/2003 51,237 F/V Sea Pride (Comp) ...... Everett, WA ...... 03/19/2003 03/15/2003 51,238 Brian Couch (Comp) ...... Kodiak, AK ...... 03/19/2003 03/13/2003 51,239 F/V Pamela Dawn (Comp) ...... Kodiak, AK ...... 03/19/2003 03/07/2003 51.240 P.Q. Controls (ME) ...... Dover-Foxcroft, ME ...... 03/20/2003 03/13/2003 51,241 Bethlehem Steel Corp. (MD) ...... Baltimore, MD ...... 03/20/2003 03/19/2003 51,242 PolyOne Corporation (Comp) ...... Yerington, NV ...... 03/20/2003 03/14/2003 51,243 Alcatel, USA (Wkrs) ...... Plano, TX ...... 03/20/2003 03/19/2003 51,244 Teletech Holdings (Wkrs) ...... Duluth, GA ...... 03/20/2003 03/17/2003 51,245 National Refractories and Minerals Corp. (USW) ...... Mexico, MO ...... 03/20/2003 03/16/2003
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APPENDIX.—PETITIONS INSTITUTED BETWEEN 03/17/2003 AND 03/25/2003—Continued
Date of Date of TAÐW Subject firm (petitions) Location institution petition
51,246 Cold Metal Products, Inc. (Wkrs) ...... Campbell, OH ...... 03/20/2003 03/10/2003 51,247 Agilent Technologies (Wkrs) ...... Rohnert Park, CA ...... 03/21/2003 03/13/2003 51,248 Agilent Technologies (Wkrs) ...... Rohnert Park, CA ...... 03/21/2003 03/12/2003 51,249 OSRAM Sylvania Products, Inc. (Comp) ...... Bangor, ME ...... 03/21/2003 03/20/2003 51,250 Shugart Corporation (Comp) ...... Tucson, AZ ...... 03/21/2003 03/20/2003 51,251 Western Geco (Wkrs) ...... Houston, TX ...... 03/21/2003 03/19/2003 51,252 Filtex, Inc. (Comp) ...... Guntersville, AL ...... 03/21/2003 03/21/2003 51,253 Delta Woodside Industries (Comp) ...... Maiden, NC ...... 03/21/2003 03/20/2003 51,254 Napco, Inc. (Comp) ...... Butler, PA ...... 03/21/2003 03/20/2003 51,255 Icy Waters US (Wkrs) ...... Oakville, WA ...... 03/21/2003 03/19/2003 51,256 Westinghouse Electric Company (Wkrs) ...... Blairsville, PA ...... 03/21/2003 03/20/2003 51,257 Mason Shoe Manufacturing Company (UFCW) ...... Chippewa Falls, WI ...... 03/21/2003 03/02/2003 51,258 Riley Golf (CA) ...... Monterey, CA ...... 03/21/2003 03/11/2003 51,259 TTM Technologies (Wkrs) ...... Redmond, WA ...... 03/21/2003 03/20/2003 51,260 L.L. Bean (Wkrs) ...... Brunswick, ME ...... 03/21/2003 03/07/2003 51,261 Fishing Vessel (F/V) Lonny A. (Comp) ...... Ekwok, AK ...... 03/21/2003 03/19/2003 51,262 Spang and Company (Comp) ...... Canton, NC ...... 03/21/2003 03/20/2003 51,263 Caterpillar, Inc. (IAMAW) ...... Joliet, IL ...... 03/21/2003 03/06/2003 51,264 Multek, Inc. (Wkrs) ...... Irvine, CA ...... 03/21/2003 03/13/2003 51,265 Galt Alloys, Inc. (Comp) ...... Canton, OH ...... 03/21/2003 03/12/2003 51,266 GE Plastics (Wkrs) ...... Pittsfield, MA ...... 03/21/2003 03/13/2003 51,267 Gemco, Inc. (Comp) ...... Estill, SC ...... 03/21/2003 03/17/2003 51,268 Hamilton Beach/Proctor-Silex Inc. (Comp) ...... El Paso, TX ...... 03/21/2003 03/12/2003 51,269 Hamilton Beach/Proctor-Silex Inc. (Comp) ...... Washington, NC ...... 03/21/2003 03/13/2003 51,270 American United Life (Wkrs) ...... Avon, CT ...... 03/21/2003 03/13/2003 51,271 James Moore and Son (Wkrs) ...... Brownsville, TN ...... 03/21/2003 03/13/2003 51,272 Erasteel, Inc. (Wkrs) ...... McKeesport, PA ...... 03/24/2003 03/21/2003 51,273 Sonoco Products Co. (Wkrs) ...... Denison, TX ...... 03/24/2003 03/07/2003 51,274 RFD Publications, LLC (Comp) ...... Wilsonville, OR ...... 03/24/2003 03/19/2003 51,275 Jon Van Ravenswaay (Comp) ...... Dillingham, AK ...... 03/24/2003 03/21/2003 51,276 Radio Frequency Systems, Inc. (Wkrs) ...... Corvallis, OR ...... 03/24/2003 02/15/2003 51,277 Houlton International Corporation (Comp) ...... Houlton, ME ...... 03/24/2003 01/30/2003 51,278 Stanley Furniture Company (Comp) ...... Lexington, NC ...... 03/24/2003 03/24/2003 51,279 Siemens Measurement Systems (Wkrs) ...... Spring House, PA ...... 03/24/2003 03/21/2003 51,280 Emerson Appliance Controls (Wkrs) ...... Frankfort, IN ...... 03/24/2003 03/12/2003 51,281 First Source Furniture Group (Comp) ...... Nashville, TN ...... 03/24/2003 03/20/2003 51,282 Gateway Country Store (Wkrs) ...... Asheville, NC ...... 03/24/2003 03/22/2003 51,283 Western Insulfoam (Wkrs) ...... The Dallas, OR ...... 03/24/2003 03/21/2003 51,284 ADC Telecommunications (Wkrs) ...... Chickamauga, GA ...... 03/24/2003 03/20/2003 51,285 Honeywell International (Comp) ...... Albuquerque, NM ...... 03/24/2003 03/10/2003 51,286 Celestica Corporation (IBEW) ...... Oklahoma City, OK ...... 03/24/2003 03/24/2003 51,287 Vision Teq (FL) ...... Ft. Lauderdale, FL ...... 03/24/2003 03/24/2003 51,288 Kyocera Tycom Corporation (Wkrs) ...... Arden Hills, MN ...... 03/24/2003 03/13/2003 51,289 Sun Hill Industries, Inc. (Wkrs) ...... Schenectady, NY ...... 03/25/2003 03/18/2003 51,290 Glassco, Inc. (Comp) ...... Altoona, AL ...... 03/25/2003 03/24/2003 51,291 U.S. Cotton, LLC (Comp) ...... Valley Park, MO ...... 03/25/2003 03/24/2003 51,292 Hamilton Sundstrand (Comp) ...... Denver, CO ...... 03/25/2003 03/24/2003 51,293 4 B’s Restaurant (Comp) ...... Libby, MT ...... 03/25/2003 03/21/2003 51,294 Acra-Line Products (Wkrs) ...... Tipton, IN ...... 03/25/2003 03/24/2003 51,295 Evening Vision Dresses, Ltd. (Wkrs) ...... New York, NY ...... 03/25/2003 03/20/2003 51,296 Federal Mogul (Comp) ...... Hampton, VA ...... 03/25/2003 03/19/2003 51,297 Bulk Handling Systems (OR) ...... Eugene, OR ...... 03/25/2003 03/19/2003 51,298 Faultless Caster (Comp) ...... Evansville, IN ...... 03/25/2003 03/17/2003 51,299 Ametek (Comp) ...... Grand Junction, CO ...... 03/25/2003 03/12/2003 51,300 Fujitsu Ten Corp. of America (Comp) ...... Rushville, IN ...... 03/25/2003 03/21/2003 51,301 Edgcomb Metals (USWA) ...... Roseville, MI ...... 03/25/2003 03/20/2003 51,302 Fishing Vessel Chasina Bay (Comp) ...... Ketchikan, AK ...... 03/25/2003 03/19/2003 51,303 Pryor Fish Camp (Comp) ...... Kodiak, AK ...... 03/25/2003 03/21/2003 51,304 Bristol Bay (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,305 Alaska Commercial Fisheries (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,306 Alaska Commerical Fisheries (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,307 Bristol Bay (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,308 F/V Miss Alatuss’ (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,309 Peter Nanalook (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,310 Fishing Vessel Lynn & Michelle (Comp) ...... Monokotak, AK ...... 03/25/2003 03/21/2003 51,311 F/V Gabriel (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,312 F/V Travis G (Comp) ...... Manokotak, AK ...... 03/25/2003 03/21/2003 51,313 F/V Nanesse (Comop) ...... Skagway, AK ...... 03/25/2003 03/24/2003
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[FR Doc. 03–8903 Filed 4–10–03; 8:45 am] Signed in Washington, DC, this 17th day of Signed at Washington, DC, this 17th day of BILLING CODE 4510–30–M March, 2003. March, 2003. Linda G. Poole, Linda G. Poole, Certifying Officer, Division of Trade Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. Adjustment Assistance. Employment and Training [FR Doc. 03–8911 Filed 4–10–03; 8:45 am] [FR Doc. 03–8912 Filed 4–10–03; 8:45 am] Administration BILLING CODE 4510–30–P BILLING CODE 4510–30–P [TA–W–50,325] DEPARTMENT OF LABOR DEPARTMENT OF LABOR Successful Futures, Mt. Pleasant, IA; Notice of Termination of Investigation Employment and Training Employment and Training Pursuant to section 221 of the Trade Administration Administration Act of 1974, an investigation was initiated on December 12, 2002, in [TA–W–41,391 and TA–W–41,391A] [NAFTA–7641] response to a worker petition filed by Iowa Workforce Development Center on Victor Forstmann, Inc., Dublin, GA; and Nutramax Oral Care, Florence, MA; behalf of workers at Successful Futures, Victor Forstmann, Inc., New York, NY; Notice of Revised Determination on Mt. Pleasant, Iowa. Amended Certification Regarding Reconsideration The Department has amended an Eligibility To Apply for Worker active certification for workers of Blue Adjustment Assistance By application of February 7, 2003, a Bird Corporation, Blue Bird Body petitioner requested administrative Company, Blue Bird Midwest Division, In accordance with section 223 of the reconsideration of the Department’s Mt. Pleasant, Iowa (TA–W–50,017), to Trade Act of 1974 (19 U.S.C. 2273) the denial regarding eligibility to apply for include the workers of Successful Department of Labor issued a Notice of North American Free Trade Agreement- Futures, engaged in employment related Certification Regarding Eligibility to Transitional Adjustment Assistance to the production of school buses at the Apply for Worker Adjustment (NAFTA–TAA), applicable to workers Mt. Pleasant, Iowa plant. Assistance on July 1, 2002, applicable to and former workers of the subject firm. Consequently, further investigation in workers of Victor Forstmann, Inc, The denial notice was issued on January this case would serve no purpose, and Dublin, Georgia. The notice was 13, 2003 and published in the Federal the investigation has been terminated. published in the Federal Register on Register on February 6, 2003 (67 FR Signed in Washington, DC, this 17th day of July 18, 2002 (67 FR 47400). 6212). March, 2003. At the request of the petitioners, the Workers were engaged in employment Linda G. Poole, Department reviewed the certification related to the production of dental floss Certifying Officer, Division of Trade for workers of the subject firm. The and toothbrushes. The workers were Adjustment Assistance. workers are engaged in the production denied NAFTA–TAA on the basis that [FR Doc. 03–8909 Filed 4–10–03; 8:45 am] of woolen and worsted fabrics. there was no shift in production to BILLING CODE 4510–30–P The company reports that worker Mexico or Canada, nor did imports from separations occurred at the New York, Canada or Mexico contribute DEPARTMENT OF LABOR New York location of the subject firm. importantly to workers’ separations. The New York, New York workers To support the request for Employment and Training provide sales, designing and marketing reconsideration, the petitioners Administration function services for the subject firm’s supplied additional information to [TA–W–50,747] production facility in Dublin, Georgia. supplement that which was gathered Based on these findings, the during the initial investigation. Upon Temp Associates, Mt. Pleasant, IA; Department is amending the further review and contact with the Notice of Termination of Investigation certification to include workers of company, it was revealed that the Pursuant to section 221 of the Trade Victor Forstmann, Inc., New York, New company shifted a portion of production Act of 1974, an investigation was York. to Canada, contributing to layoffs at the subject firm. initiated on January 30, 2003, in The intent of the Department’s response to a worker petition filed by certification is to include all workers of Conclusion Iowa Workforce Development Center on Victor Forstmann, Inc. who were behalf of workers at CSI Employment adversely affected by increased imports. After careful review of the facts Services, Mt. Pleasant, Iowa obtained in the investigation, I conclude The Department has amended an The amended notice applicable to that there was a shift in production from active certification for workers of Blue TA–W–41,391 is hereby issued as the workers’ firm to Canada of articles Bird Corporation, Blue Bird Body follows: that are like or directly competitive with Company, Blue Bird Midwest Division, All workers of Victor Forstmann, Inc., those produced by the subject firm: Mt. Pleasant, Iowa (TA–W–50,017), to Dublin Georgia (TA–W–41,391) and Victor All workers of Nutramax Oral Care, include the workers of Temp Associates, Forstmann, Inc., New York, New York (TA– Florence, Massachusetts, who became totally engaged in employment related to the W–41,391A) who became totally or partially or partially separated from employment on or production of school buses at the Mt. separated from employment on or after after September 25, 2001, through two years Pleasant, Iowa plant. March 22, 2001, through July 1, 2004, are from the date of certification, are eligible to Consequently, further investigation in eligible to apply for adjustment assistance apply for NAFTA–TAA under Section 250 of this case would serve no purpose, and under section 223 of the Trade Act of 1974. the investigation has been terminated. the Trade Act of 1974.
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Signed at Washington, DC, this 18th day of impractical and contrary to the public MD020047 (Mar. 1, 2002) March, 2003. interest. MD020050 (Mar. 1, 2002) Edward A. Tomchick, General wage determination MD020053 (Mar. 1, 2002) decisions, and modifications and MD020054 (Mar. 1, 2002) Director, Division of Trade Adjustment MD020058 (Mar. 1, 2002) Assistance. supersedeas decisions thereto, contain Pennsylvania [FR Doc. 03–8908 Filed 4–10–03; 8:45 am] no expiration dates and are effective PA020005 (Mar. 1, 2002) BILLING CODE 4510–30–P from their date of notice in the Federal PA020006 (Mar. 1, 2002) Register, or on the date written notice PA020007 (Mar. 1, 2002) is received by the agency, whichever is PA020024 (Mar. 1, 2002) DEPARTMENT OF LABOR earlier. These decisions are to be used PA020025 (Mar. 1, 2002) in accordance with the provisions of 29 PA020026 (Mar. 1, 2002) Employment Standards Administration CFR parts 1 and 5. Accordingly, the PA020030 (Mar. 1, 2002) PA020031 (Mar. 1, 2002) applicable decision, together with any Wage and Hour Division West Virginia modification issued, must be made a WV020001 (Mar. 1, 2002) part of every contract for performance of Minimum Wages for Federal and WV020002 (Mar. 1, 2002) the described work within the WV020003 (Mar. 1, 2002) Federally Assisted Construction; geographic area indicated as required by WV020006 (Mar. 1, 2002) General Wage Determination Decisions an applicable Federal prevailing wage WV020010 (Mar. 1, 2002) law and 29 CFR part 5. The wage rates Volume III General wage determination decisions and fringe benefits, notice of which is of the Secretary of Labor are issued in Alabama published herein, and which are AL020004 (Mar. 1, 2002) accordance with applicable law and are contained in the Government Printing based on the information obtained by AL020006 (Mar. 1, 2002) Office (GPO) document entitled AL020008 (Mar. 1, 2002) the Department of Labor from its study ‘‘General Wage Determinations Issued AL020017 (Mar. 1, 2002) of local wage conditions and data made Under The Davis-Bacon And Related AL020033 (Mar. 1, 2002) available from other sources. They Acts,’’ shall be the minimum paid by AL020034 (Mar. 1, 2002) specify the basic hourly wage rates and contractors and subcontractors to AL020052 (Mar. 1, 2002) Mississippi fringe benefits which are determined to laborers and mechanics. be prevailing for the described classes of MS020001 (Mar. 1, 2002) Any person, organization, or MS020003 (Mar. 1, 2002) laborers and mechanics employed on governmental agency having an interest construction projects of a similar in the rates determined as prevailing is Volume IV character and in the localities specified encouraged to submit wage rate and Illinois therein. fringe benefit information for IL020001 (Mar. 1, 2002) The determinations in these decisions consideration by the Department. IL020002 (Mar. 1, 2002) of prevailing rates and fringe benefits Further information and self- IL020003 (Mar. 1, 2002) have been made in accordance with 29 IL020004 (Mar. 1, 2002) explanatory forms for the purpose of IL020005 (Mar. 1, 2002) CFR part 1, by authority of the Secretary submitting this data may be obtained by IL020006 (Mar. 1, 2002) of Labor pursuant to the provisions of writing to the U.S. Department of Labor, IL020007 (Mar. 1, 2002) the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, IL020008 (Mar. 1, 2002) as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of IL020012 (Mar. 1, 2002) 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution IL020013 (Mar. 1, 2002) statutes referred to in 29 CFR part 1, Avenue, NW., Room S–3014, IL020014 (Mar. 1, 2002) Appendix, as well as such additional Washington, DC 20210. IL020015 (Mar. 1, 2002) statutes as may from time to time be IL020016 (Mar. 1, 2002) IL020031 (Mar. 1, 2002) enacted containing provisions for the Modification to General Wage Determination Decisions IL020036 (Mar. 1, 2002) payment of wages determined to be IL020049 (Mar. 1, 2002) prevailing by the Secretary of Labor in The number of the decisions listed to IL020067 (Mar. 1, 2002) accordance with the Davis-Bacon Act. the Government Printing Office Volume V The prevailing rates and fringe benefits document entitled ‘‘General Wage determined in these decisions shall, in Determinations Issued Under the Davis- Arkansas accordance with the provisions of the Bacon and Related Acts’’ being modified AR020003 (Mar. 1, 2002) Louisiana foregoing statutes, constitute the are listed by Volume and State. Dates of LA020001 (Mar. 1, 2002) minimum wages payable on Federal and publication in the Federal Register are LA020004 (Mar. 1, 2002) Federally assisted construction projects in parentheses following the decisions LA020005 (Mar. 1, 2002) to laborers and mechanics of the being modified. LA020009 (Mar. 1, 2002) LA020012 (Mar. 1, 2002) specified classes engaged on contract Volume I work of the character and in the LA020013 (Mar. 1, 2002) localities described therein. New Jersey LA020014 (Mar. 1, 2002) NJ020002 (Mar. 1, 2002) LA020016 (Mar. 1, 2002) Good cause is hereby found for not NJ020003 (Mar. 1, 2002) LA020017 (Mar. 1, 2002) utilizing notice and public comment LA020018 (Mar. 1, 2002) Volume II procedure thereon prior to the issuance LA020045 (Mar. 1, 2002) of these determinations as prescribed in Maryland LA020052 (Mar. 1, 2002) 5 U.S.C. 553 and not providing for delay MD020001 (Mar. 1, 2002) LA020054 (Mar. 1, 2002) MD020009 (Mar. 1, 2002) in the effective date as prescribed in that MD020011 (Mar. 1, 2002) Volume VI section, because the necessity to issue MD020021 (Mar. 1, 2002) North Dakota current construction industry wage MD020030 (Mar. 1, 2002) ND020010 (Mar. 1, 2002) determinations frequently and in large MD020035 (Mar. 1, 2002) ND020011 (Mar. 1, 2002) volume causes procedures to be MD020037 (Mar. 1, 2002) South Dakota
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SD020002 (Mar. 1, 2002) of the year, regular weekly updates will over-the-air broadcast signals. These Utah be distributed to subscribers. royalties are, in turn, distributed in one UT020003 (Mar. 1, 2002) of two ways to copyright owners whose UT020004 (Mar. 1, 2002) Signed in Washington, DC, this 3rd day of April 2003. works were included in a UT020005 (Mar. 1, 2002) retransmission of an over-the-air UT020006 (Mar. 1, 2002) Carl J. Poleskey, broadcast signal and who timely filed a UT020007 (Mar. 1, 2002) Chief, Branch of Construction Wage UT020008 (Mar. 1, 2002) Determinations. claim for royalties with the Copyright Office. The copyright owners may either UT020010 (Mar. 1, 2002) [FR Doc. 03–8545 Filed 4–10–03; 8:45 am] UT020011 (Mar. 1, 2002) negotiate the terms of a settlement as to UT020013 (Mar. 1, 2002) BILLING CODE 4510–27–M the division of the royalty funds, or the UT020015 (Mar. 1, 2002) Librarian of Congress may convene a UT020020 (Mar. 1, 2002) Copyright Arbitration Royalty Panel UT020023 (Mar. 1, 2002) LIBRARY OF CONGRESS (CARP) to determine the distribution of UT020028 (Mar. 1, 2002) the royalty fees that remain in UT020030 (Mar. 1, 2002) Copyright Office controversy. 17 U.S.C. 111(d)(4)(B). UT020033 (Mar. 1, 2002) UT020034 (Mar. 1, 2002) [Docket No. 2001–8 CARP CD 98–99] On September 6, 2000, the Library of Congress published a notice in the Volume VII Distribution of 1998 and 1999 Cable Federal Register seeking comment as to Nevada Royalty Fund the existence of controversies for the NV020002 (Mar. 1, 2002) distribution of the 1998 cable royalties. NV020003 (Mar. 1, 2002) AGENCY: Copyright Office, Library of 65 FR 54077 (September 6, 2000). The Congress. parties to the distribution reported both General Wage Determination ACTION: Initiation of arbitration and Phase I and Phase II controversies and Publication announcement of schedule. filed their Notices of Intent to General Wage Determinations issued Participate. On October 2, 2001, the SUMMARY: The Copyright Office of the Library published a Notice in the under the Davis-Bacon and related Acts, Library of Congress is announcing the including those noted above, may be Federal Register seeking comments as initiation of and schedule for the 180- to the existence of controversies for the found in the Government Printing Office day arbitration period for the Phase I (GPO) document entitled ‘‘General Wage distribution of 1999 cable royalties. 66 distribution of royalties collected under FR 50219 (October 2, 2001). The parties determinations Issued Under the Davis- the cable statutory license of the Bacon And Related Acts’’. This to this distribution reported Phase I and Copyright Act for the 1998 and 1999 Phase II controversies as well and filed publication is available at each of the 50 calendar years. Regional Government Depository their Notices of Intent to Participate. By Libraries and many of the 1,400 EFFECTIVE DATE: April 11, 2003. Order dated February 20, 2002, the Government Depository Libraries across ADDRESSES: All hearings and meetings Library consolidated the distribution of the country. for the proceeding to distribute section the 1998 and 1999 cable royalties into a single proceeding before a single General wage determinations issued 111 royalties shall take place in the CARP. Order in Docket No. 2001–8 under the Davis-Bacon and related Acts James Madison Memorial Building, CARP CD 98–99 (February 20, 2002). are available electronically at no cost on Room LM–414, First and Independence Avenues, SE., Washington, DC 20540. Of the eight parties that filed Notices the Government Printing Office site at of Intent to Participate in this FOR FURTHER INFORMATION CONTACT: www.access.gpo.gov/davisbacon. They consolidated Phase I distribution are also available electronically by David O. Carson, General Counsel, or proceeding, two parties, National Public subscription to the Davis-Bacon Online Susan N. Grimes, CARP Specialist, P.O. Radio and the Devotional Claimants Service (http://davisbacon.fedworld.gov Box 70977, Southwest Station, Group, have settled. The parties that of the National Technical Information Washington, DC 20024. Telephone: remain are the Joint Sports Claimants, Service (NTIS) of the U.S. Department of (202) 707–8380. Telefax: (202) 252– the Music Claimants, the Program Commerce at 1–800–363–2068. This 3423. Suppliers, the Canadian Claimants, the subscription offers value-added features SUPPLEMENTARY INFORMATION National Association of Broadcasters on such as electronic delivery of modified behalf of commercial broadcasters, and Background wage decisions directly to the user’s the Public Television Claimants on desktop, the ability to access prior wage This notice fulfills the requirement of behalf of noncommercial broadcasters. decisions issued during the year, 37 CFR 251.72 and 17 U.S.C. These parties have filed their written extensive Help desk Support, etc. 111(d)(4)(B). Section 251.72 of the direct cases setting forth their requested Hard-copy subscriptions may be CARP rules provides that: distribution percentages, and the purchased from: Superintendent of If the Librarian determines that a Library has conducted discovery on the Documents, U.S. Government Printing controversy exists among claimants to either written direct cases under 37 CFR Office, Washington, DC 20402. (202) cable, satellite carrier, or digital audio 251.45. The cases are now ready for 512–1800. recording devices and media royalties, the proceeding before a CARP under When ordering hard-copy Librarian shall publish in the Federal chapter 8 of the Copyright Act. subscription(s), be sure to specify the Register a declaration of controversy along State(s) of interest since subscriptions with a notice of initiation of an arbitration Selection of Arbitrators may be ordered for any or all of the six proceeding. Such notice shall, to the extent In accordance with § 251.6 of the separate Volumes, arranged by State. feasible, describe the nature, general CARP rules, the arbitrators have been structure and schedule of the proceeding. Subscriptions include an annual edition selected for this proceeding. They are: 37 CFR 251.72. (issued in January or February) which The Honorable Michael Wolf includes all current general wage Each year cable systems submit (Chairperson) determinations for the States covered by royalties to the Copyright Office for the The Honorable Jeffrey Gulin each volume. Throughout the remainder retransmission to their subscribers of The Honorable Michael Young
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Initiation of the Proceeding Babe Winkelman, Marsha Kessler, SUPPLEMENTARY INFORMATION: This Pursuant to § 251.72 of the CARP Howard Green, Carl Carey, Jonda meeting will be conducted via telecon rules, the Librarian is formally Martin, Paul Lindstrom, Paul with Panel members and consultants. announcing the existence of a Phase I Donato, Arthur Gruen, Robert This meeting will be open to the public controversy as to the distribution of the Thompson. up to the seating capacity of the room 1998 and 1999 cable royalty funds. Any Filing of Written Rebuttal Testimony: (45). The Aerospace Safety Advisory Phase II controversies will be resolved June 20, 2003. Panel is performing an evaluation of the in a separate CARP proceeding. Hearings on Discovery Disputes: July 2, safety of operating the International This Phase I proceeding commences 2003. Space Station with only two on April 24, 2003, and runs for a period Presentation of Rebuttal Cases: July 7– crewmembers instead of the standard of 180 days. The arbitrators shall file 19, 2003 (includes Saturdays). three while the Space Shuttle is non- operational. The reason for the short their written report with the Librarian Filing of Proposed Findings of Fact and notification is that the evaluation must on or before October 21, 2003, in Conclusions of Law: August 22, be completed in a timely manner to accordance with § 251.53 of the CARP 2003. allow the National Aeronautics and rules. Filing of Replies to Proposed Findings Space Administration and its Russian Schedule for the Proceeding of Fact and Conclusions of Law: partners two weeks to take any needed September 12, 2003. actions prior to the scheduled Soyuz Section 251.11(b) of the CARP rules Oral Argument: TBA. provides that: launch on April 26, 2003. Close of 180-day period: October 21, The agenda for the meeting is as At the beginning of each proceeding, the 2003. follows: To discuss the safety of CARP shall develop the original schedule of Hearings will begin at 10 a.m. on April operating the International Space the proceeding which shall be published in 24, 2003. Thereafter, all hearings will Station with only two crewmembers the Federal Register at least seven calendar begin at 9 a.m. At this time, none of the days in advance of the first meeting. Such instead of the standard three while the announcement shall state the times, dates, parties have moved for closed hearings. Space Shuttle is non-operational. and place of the meetings, the testimony to Further refinements to the schedule will It is imperative that the meeting be be heard, whether any of the meetings, or any be announced in open meetings and held on this date to accommodate the portion of a meeting, is to be closed, and if issued as orders to the parties in the scheduled Soyuz launch on April 26, so, which ones, and the name and telephone proceeding. All changes will be noted in 2003. Visitors will be requested to sign number of the person to contact for further the docket file of the proceeding and are a visitor’s register and asked to comply information. open to public inspection. with NASA security requirements, This notice fulfills the requirements of Dated: April 7, 2003. including the presentation of a valid picture ID before receiving an access the rule. David O. Carson, badge. Foreign Nationals attending this The following is the schedule of the General Counsel. proceeding: meeting will be required to provide the [FR Doc. 03–8936 Filed 4–10–03; 8:45 am] following information: Full name; Opening Statements: April 24, 2003. BILLING CODE 1410–33–P gender; date/place of birth; citizenship; Presentation of the Direct Cases: April Green card/via information (number, 24–June 11, 2003. type, expiration date); passport Witnesses for the Joint Sports NATIONAL AERONAUTICS AND information (number, country, Claimants: SPACE ADMINISTRATION expiration date); employer/affiliation April 24–25, 28–30, May 1, 2003: Paul information (name of institution, Tagliabue, James Trautman, Robert [Notice (03–040)] address, country, phone); and title/ Crandall, Thomas Hazlett, Michael position of visitor. To expedite Aerospace Safety Advisory Panel Eagan, Judith Allan, Allan Selig, admittance, attendees can provide (ASAP); Meeting June Travis. identifying information in advance by Witnesses for the National AGENCY: National Aeronautics and contacting Ms. Susan Burch via e-mail Association of Broadcasters: Space Administration, (NASA). at [email protected] or by May 6–9, 2003: Richard Ducey, Mark ACTION: Notice of meeting. telephone at (202) 358–0914. Fratrik, Marcellus Alexander, Jr., June W. Edwards, SUMMARY: In accordance with the Laurence DeFranco, Gregory Advisory Committee Management Officer, Rosston. Federal Advisory Committee Act, Public National Aeronautics and Space Witnesses for Public Television Law 92–463, as amended, the National Administration. Claimants: Aeronautics and Space Administration [FR Doc. 03–8857 Filed 4–10–03; 8:45 am] announces a forthcoming meeting of the May 13–15, 2003: John Wilson, John BILLING CODE 7510–01–P Aerospace Safety Advisory Panel. Fuller, Leland Johnson. DATES: Friday, April 11, 2003, 1 p.m. to Witnesses for Music Claimants: 2 p.m. Eastern Time. May 16, 19–21, 2003: Seth Saltzman, NATIONAL COMMUNICATIONS ADDRESSES: National Aeronautics and W.G. ‘‘Snuffy’’ Walden, Jeffrey SYSTEM Space Administration Headquarters, 300 Lyons, Frank Krupit, Peter Boyle. E Street, SW., Room 5H46A, Telecommunications Service Priority Witnesses for Canadian Claimants: Washington, DC 20546. System Oversight Committee May 22–23, 28, 2003: Janice de FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: National Communications Freitas, Andrea Wood, Lucy Leonard B. Sirota, Executive Director, Medeiros, David Bennett, Debra System (NCS). Aerospace Safety Advisory Panel, Code ACTION: Notice of meeting. Ringold. Q–1, National Aeronautics and Space Witnesses for Program Suppliers: Administration, Washington, DC 20546, A meeting of the Telecommunications June 2–5, 9–11, 2003: Jack Valenti, 202/358–0914. Service Priority (TSP) System Oversight
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Committee will convene Wednesday, Foundation, 4201 Wilson Boulevard, respondent will be required to complete May 7, 2002 from 9 a.m. to 12 p.m. The Suite 295, Arlington, Virginia 22230 or the RFP. meeting will be held at 701 South Court send e-mail to [email protected]. Respondents: Individuals; business or House Road, Arlington, VA in the NCS Comments regarding these information other for-profit; not-for-profit conference room on the 2nd floor. collections are best assured of having institutions; Federal government; state, —TSP Program Update their full effect if received within 30 local, or tribal governments. —TSP Revalidation Procedures days of this notification. Copies of the Estimated Number of Responses: 75. —TSP Provisioning Philosphy submission(s) may be obtained by Estimated Total Annual Burden on Respondents: 41,850 hours. Anyone interested in attending or calling 703–292–7555. presenting additional information to the NSF may not conduct or sponsor a Dated: April 8, 2003. Committee, please contact Deborah Bea, collection of information unless the Teresa R. Pierce, Office of Priority Telecommunications, collection of information displays a Reports Clearance Officer, National Science (703) 607–4933. currently valid OMB control number Foundation. and the agency informs potential [FR Doc. 03–8960 Filed 4–10–03; 8:45 am] Nick Andre, persons who are to respond to the BILLING CODE 7555–01–M Alternate Certifying Officer, National collection of information that such Communications System. persons are not required to respond to the collection of information unless it [FR Doc. 03–8870 Filed 4–10–03; 8:45 am] NUCLEAR REGULATORY displays a currently valid OMB control BILLING CODE 5001–08–M COMMISSION number. Title: Request for Proposals. [Docket No. 030–05337] NATIONAL SCIENCE FOUNDATION OMB Control Number: 3145–0080. Proposed Project: The Federal Notice of Finding of No Significant Agency Information Collection Acquisition Regulations (FAR) Subpart Impact and Availability of Activities: Comment Request 15.2—‘‘Solicitation and Receipt of Environmental Assessment for Proposals and Information’’ prescribes License Amendment of Byproduct AGENCY: National Science Foundation. policies and procedures for preparing Material License No. 29–07694–01, ACTION: Submission for OMB review; and issuing Requests for Proposals. The BASF Corporation, West Windsor, NJ comment request. FAR System has been developed in accordance with the requirement of the I. Introduction SUMMARY: The National Science Office of Federal Procurement Policy The U.S. Nuclear Regulatory Foundation (NSF) has submitted the Act of 1974, as amended. The NSF Act Commission (NRC) is considering the following information collection of 1950, as amended, 42 U.S.C. 1870, issuance of a license amendment to requirement to OMB for review and Sec. II, states that NSF has the authority BASF Corporation for Byproduct clearance under the Paperwork to: Material License No. 29–07694–01, to Reduction Act of 1995, Pub. L. 104–13. (c) Enter into contracts or other authorize release of its facility in West This is the second notice for public arrangements, or modifications thereof, Windsor, New Jersey, for unrestricted comment; the first was published in the for the carrying on, by organizations or use and has prepared an Environmental Federal Register at 68 FR 5937, and no individuals in the United States and Assessment (EA) in support of this comments were received. NSF is foreign countries, including other action in accordance with the forwarding the proposed renewal government agencies of the United requirements of 10 CFR part 51. Based submission to the Office of Management States and of foreign countries, of such on the EA, the NRC has concluded that and Budget (OMB) for clearance scientific or engineering activities as the a Finding of No Significant Impact simultaneously with the publication of Foundation deems necessary to carry (FONSI) is appropriate. this second notice. Comments regarding out the purposes of this Act, and, at the II. EA Summary (a) whether the collection of information request of the Secretary of Defense, is necessary for the proper performance specific scientific or engineering The purpose of the proposed action is of the functions of the agency, including activities in connection with matters to allow for the release of the licensee’s whether the information will have relating to international cooperation or West Windsor, New Jersey facility for practical utility; (b) the accuracy of the national security, and, when deemed unrestricted use. BASF Corporation agency’s estimate of burden including appropriate by the Foundation, such (previously American Cyanamid the validity of the methodology and contracts or other arrangements or Company) was authorized by NRC from assumptions used; (c) ways to enhance modifications thereof, may be entered September 25, 1961 to use radioactive the quality, utility and clarity of the into without legal consideration, materials for research and development information to be collected; or (d) ways without performance or other bonds and purposes at the site. On October 31, to minimize the burden of the collection without regard to section 5 of title 41, 2001, BASF Corporation submitted a of information on those who are to U.S.C. Facility Release Plan although one was respond, including through the use of Use of the Information: Request for not required. On March 8, 2002, the appropriate automated, electronic, Proposals (RFP) is used to competitively NRC issued amendment 40 to License mechanical, or other technological solicit proposals in response to NSF No. 29–07694–01 which authorizes collection techniques or other forms of need for services. Impact will be on BASF to proceed with the information technology should be those individuals or organizations who decontamination and decommissioning addressed to: Office of Information and elect to submit proposals in response to as discussed in this plan. On September Regulatory Affairs of OMB, Attention: the RFP. Information gathered will be 20, 2002, BASF Corporation requested Desk Officer for National Science evaluated in light of NSF procurement release for unrestricted use of the Foundation, 725—17th Street, NW., requirements to determine who will be buildings at Quakerbridge and Room 10235, Washington, DC 20503, awarded a contract. Clarksville Roads, West Windsor, New and to Teresa R. Pierce, Reports Estimate of burden: The Foundation Jersey as authorized by the NRC License Clearance Officer, National Science estimates that, on average, 558 hours per No. 29–07694–01, and termination of
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the license. BASF Corporation has or Radiac) for Byproduct Material to transport prepacked licensed material conducted surveys of the facility and License No. 31–17528–01, to authorize from one licensee to another. determined that the facility meets the an increase in possession limits of III. Finding of No Significant Impact license termination criteria in subpart E byproduct and source material for its of 10 CFR part 20. facility in Brooklyn, New York. The NRC has prepared the EA NRC staff has prepared an (summarized above) in support of the III. Finding of No Significant Impact Environmental Assessment (EA) in Licensee’s application for renewal of its The NRC staff has evaluated BASF support of this action in accordance NRC License and the change in Corporation’s request and the results of with the requirements of 10 CFR part possession limits and authorized the surveys. The NRC staff has 51. The conclusion of the EA is a activities. The increase in risk to the concluded that the completed action Finding of No Significant Impact public and workers, and environment complies with 10 CFR part 20. The staff (FONSI) for the proposed licensing from the renewal and increase in has prepared the EA (summarized action. possession limits is small and expected above) in support of the proposed doses from routine operations, as well license amendment to terminate the II. EA Summary as potential accidents, are well below license and release the facility for The purpose of the proposed action is regulatory limits. Additionally, the unrestricted use. On the basis of the EA, to renew Radiac’s Byproduct Materials increase in the number of shipments NRC has concluded that the License No. 31–17528–01 and authorize will be small. Therefore, NRC has environmental impacts from the the increased possession limits the concluded that the environmental proposed action are expected to be Licensee has requested. The Licensee impacts from the proposed amendment insignificant and has determined not to currently transports prepackaged and renewal are expected to be prepare an environmental impact radioactive waste from its clients’ insignificant and has determined not to statement for the proposed action. facilities to various disposal sites, and prepare an environmental impact IV. Further Information wants to include transport of properly statement for the proposed action. packaged devices containing licensed IV. Further Information The EA and the documents related to material, such as irradiators, ‘EXIT’ this proposed action, including the signs, etc., back to vendors of the The EA and the documents related to application for the license amendment devices, other licensees or to disposal this proposed action, including the and supporting documentation, are sites as an additional service. Such application for the license amendment available for inspection at NRC’s Public devices may contain up to several and supporting documentation, are Electronic Reading Room at http:// thousand curies of licensed material in available for inspection at NRC’s Public www.nrc.gov/reading-rm/adams.html sealed form. The Licensee needs these Electronic Reading Room at http:// (ADAMS Accesion No. ML030930120). increased possession limits in order to www.nrc.gov/reading-rm/adams.html. Any questions with respect to this supply a competitive service to clients. The ADAMS Accession Number of the action should be referred to Kathy The Licensee will not store packages EA is ML030940154; the specific Modes, Nuclear Materials Safety Branch containing such devices at its facilities documents used in reviewing the action 2, Division of Nuclear Materials Safety, in Brooklyn, New York, because the are described in the EA. Questions Region I, 475 Allendale Road, King of contents of the packages may exceed the regarding this action should be directed Prussia, Pennsylvania 19406, telephone possession limits authorized by its State to Dr. Sattar Lodhi, Nuclear Materials (610) 337–5251, fax (610) 337–5269. of New York license. Instead, the Safety Branch 2, Division of Nuclear Dated at King of Prussia, Pennsylvania this Licensee will transfer such packages Materials Safety, Region I, 475 3rd day of April, 2003. from the client’s facility directly to Allendale Road, King of Prussia, For the Nuclear Regulatory Commission. another licensee or a disposal site. Pennsylvania 19406, telephone (610) John D. Kinneman, Radiac’s NRC License currently 337–5364, fax (610) 337–5269. Chief, Nuclear Materials Safety Branch 2, authorizes it to transport radioactive Dated at King of Prussia, Pennsylvania, this Division of Nuclear Materials Safety, Region waste that may contain as much as 50 4th day of April, 2003. I. curies of byproduct and source material For the Nuclear Regulatory Commission. [FR Doc. 03–8898 Filed 4–10–03; 8:45 am] and as much as 700 grams of special John D. Kinneman, BILLING CODE 7590–01–P nuclear material. The Licensee initially Chief, Nuclear Materials Safety Branch 2, requested to renew its license based on Division of Nuclear Materials Safety, Region the procedures and statements I. NUCLEAR REGULATORY contained in its license application [FR Doc. 03–8899 Filed 4–10–03; 8:45 am] COMMISSION dated November 21, 1989. Since there BILLING CODE 7590–01–P [Docket No. 030–12908] have been changes in regulatory requirements and NRC policy since that Notice of Finding of No Significant date, on May 20, 2002, the NRC Impact and Availability of requested that the Licensee submit a RAILROAD RETIREMENT BOARD Environmental Assessment for new application in accordance with Agency Forms Submitted for OMB License Amendment of Byproduct current NRC policy and incorporating Review Material License No. 31–17528–01, current regulatory requirements. The Radiac Research Corporation, Licensee submitted a revised Summary: In accordance with the Brooklyn, NY application dated July 31, 2002. That Paperwork Reduction of Act of 1995 (44 application included a request for an U.S.C. chapter 35), the Railroad I. Introduction increase in authorized possession limit Retirement Board (RRB) has submitted The U.S. Nuclear Regulatory for byproduct and source material from the following proposal(s) for the Commission (NRC) is considering the 50 curies to 1500 curies, and collection of information to the Office of issuance of a license amendment to authorization to possess an additional Management and Budget for review and Radiac Research Corporation’s (Licensee 5000 curies of hydrogen 3 (tritium) and approval.
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Summary of Proposal(s) Life Insurance Company Variable Life transact life insurance and annuity (1) Collection title: Survivor Separate Account (the ‘‘Separate business in all of the United States and Questionnaire. Account’’). the District of Columbia. 2. The Separate Account was (2) Form(s) submitted: RL–94–F. SUMMARY OF APPLICATION: Applicants established in 1987 by Principal Life as (3) OMB Number: 3220–0032. seek an order to permit, under the a separate account under Iowa law for (4) Expiration date of current OMB specific circumstances identified in the the purpose of funding variable life clearance: 6/30/2003. application, the substitution of shares of contracts issued by Principal Life. The (5) Type of request: Extension of a the Bond Account of Principal Variable only contract affected by this currently approved collection. Contracts Fund, Inc. (‘‘Bond Account’’) application is a flexible premium (6) Respondents: Individuals or for shares of the High Yield Account of variable life insurance policy called households. Principal Variable Contracts Fund, Inc. ‘‘Flex Variable Life’’ (File No. 33–13481) (7) Estimated annual number of (‘‘High Yield Account’’). The shares are (the ‘‘Contract’’). The Separate Account respondents: 8,000. currently held by the Separate Account is registered as a unit investment trust (8) Total annual responses: 8,000. which is a unit investment trust under the Act. Applicants also request an under the Act. (9) Total annual reporting hours: 3. Purchase payments for the Contract 1,391. order exempting the proposed substitution from the provisions of are allocated to one or more (10) Collection description: Under subaccounts (‘‘Divisions’’) of the section 17(a) of the Act. section 6 of the Railroad Retirement Act, Separate Account. The Contracts permit benefits are payable to the survivors or FILING DATE: The Application was filed allocations of accumulation value to the the estates of deceased railroad on May 8, 2002, and amended on available Divisions. Each Division employees. The collection obtains December 19, 2002, and March 24, 2003. invests in shares of an underlying information about the survivors if any, HEARING OR NOTIFICATION OF HEARING: An mutual fund (‘‘Underlying Fund’’). the payment of burial expenses and order granting the Application will be There currently are 40 Divisions administration of estate when unknown issued unless the SEC orders a hearing. available under the Contract, 23 of to the Railroad Retirement Board. The Interested persons may request a which invest in Principal Variable information is used to determine hearing by writing to the SEC’s Contracts Fund, Inc. (‘‘Principal Fund’’), whether and to whom benefits are Secretary and serving Applicants with a an open-end management investment payable. copy of the request, personally or by company registered under the Act (File Additional Information or Comments: mail. Hearing requests should be Nos. 811–01944 and 002–35570). The Copies of the forms and supporting received by the SEC by 5:30 on April 29, only Divisions affected by this documents can be obtained from Chuck 2003 and should be accompanied by application are the High Yield Division Mierzwa, the agency clearance officer proof of service on Applicants, in the which invests solely in the High Yield (312–751–3363). form of an affidavit or, for lawyers, a Account and the Bond Division which Comments regarding the information certificate of service. Hearing requests invests solely in the Bond Account. The collection should be addressed to should state the nature of the writer’s High Yield Account and the Bond Ronald J. Hodapp, Railroad Retirement interest, the reason for the request, and Account are referred to collectively as Board, 844 North Rush Street, Chicago, the issues contested. Persons who wish the ‘‘Funds.’’ Illinois, 60611–2092 and to the OMB to be notified of a hearing may request 4. The Contract permits transfers of Desk Officer for the RRB, at the Office notification by writing to the SEC’s accumulation value from one Division of Management and Budget, Room Secretary. to another. No sales charge applies to a 10230, New Executive Office Building, transfer of accumulation value among ADDRESSES: Secretary, SEC, 450 5th Washington, DC 20503. the Divisions. Under the Contract, four Street, NW, Washington, DC 20549. free transfers are permitted each year, Chuck Mierzwa, Applicants, c/o John W. Blouch, Esq., and $25 is charged for each subsequent Clearance Officer. Jones & Blouch L.L.P., 1025 Thomas transfer. Jefferson Street, NW., Washington, DC [FR Doc. 03–8871 Filed 4–10–03; 8:45 am] 5. Applicants propose a substitution 20007–0805; copy to Michael D. BILLING CODE 7905–01–M of shares of the Bond Account for shares Roughton, Esq., Principal Financial of the High Yield Account held by the Group, Inc., 711 High Street, Des High Yield Division. SECURITIES AND EXCHANGE Moines, Iowa 50392–0200. 6. The High Yield Account is COMMISSION FOR FURTHER INFORMATION CONTACT: managed by Principal Management Rebecca A. Marquigny, Senior Counsel, [Release No. IC–25994; File No. 812–12815] Corporation (‘‘PMC’’), an indirect, or Zandra Bailes, Branch Chief, Office of wholly-owned subsidiary of Principal Principal Life Insurance Company, et Insurance Products, Division of Financial Group, Inc. The High Yield al., Notice of Application Investment Management, at (202) 942– Account’s investment objective is to 0670. seek high current income primarily by April 7, 2003. SUPPLEMENTARY INFORMATION: Following purchasing high yielding, lower or non- AGENCY: Securities and Exchange is a summary of the Application; the rated, fixed income securities which are Commission (‘‘SEC’’ or ‘‘Commission’’). complete Application is available for a believed not to involve undue risk to ACTION: Notice of application for an fee from the SEC’s Public Reference income or principal. Capital growth is a order pursuant to section 26(c) of the Branch, 450 Fifth Street, NW., secondary objective when consistent Investment Company Act of 1940 (the Washington, DC 20549–0102 (telephone with the objective of high current ‘‘Act’’) approving the substitution of (202) 942–8090). income. The expense ratio of the High securities and an order of exemption Yield Account for 2002 was 0.66%. The pursuant to section 17(b) of the Act. Applicants’ Representations High Yield Account has no 12b–1 plan. 1. Principal Life is a stock life The total return of the High Yield APPLICANTS: Principal Life Insurance insurance company organized under the Account was 1.90% for the year ended Company (‘‘Principal Life’’), Principal laws of Iowa in 1879. It is authorized to December 31, 2002. The average annual
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total return for the five-year period Substitution, Principal Life will not 13. Applicants represent that ended December 31, 2002, was ¥0.12% increase asset-based fees or charges Principal Life will pay all expenses and and for the ten-year period ended under the Contract. transaction costs of the substitution. December 31, 2002 was 6.51%. 10. The substitution will be effected Affected contractowners will not incur 7. The Bond Account is managed by by having the High Yield Division any fees or charges as a result of the PMC. The Bond Account’s investment redeem its shares of the High Yield substitution, nor will their rights or the objective is to seek as high a level of Account for cash at the net asset value obligations of Principal Life under the income as is consistent with the calculated on the date of the Contract be altered in any way. The preservation of capital and prudent substitution and purchase shares of the proposed substitution will not cause the investment risk by investing primarily Bond Account for cash at net asset value fees and charges under the Contract in intermediate maturity fixed-income on the same date. In the alternative, the currently being paid by contractowners or debt securities rated BBB or higher by substitution may be effected by having to be greater after the substitution than Standard & Poor’s Rating Service or Baa a partial ‘‘in-kind’’ redemption with the before the substitution. The proposed or higher by Moody’s Investor’s Service, High Yield Division receiving from the substitution will not have a tax impact Inc. The expense ratio of the Bond High Yield Account securities that are on contractowners. Account for 2002 was 0.49%. The Bond eligible investments for the Bond Account has no 12b–1 plan. The total Account and that have a value equal to Applicants’ Legal Analysis return of the Bond Account for the year the net asset value of the shares of the 1. Applicants request an order ended December 31, 2002, was 9.26%. High Yield Account being redeemed pursuant to section 26(c) of the Act The average annual total return for the and then contributing these securities to approving the substitution. Section five-year period ended December 31, the Bond Account in exchange for 26(c) of the Act makes it unlawful for 2002, was 6.04%, and for the ten-year shares of the Bond Account having a net any depositor or trustee of a registered period ended December 31, 2002 was asset value equal to the value of the unit investment trust holding the 7.23%. There are no fee waiver or securities contributed (the ‘‘In-Kind security of a single issuer to substitute expense reimbursement provisions with Transaction’’). In connection with the another security for such security unless respect to either Fund. completion of the substitution, Principal the Commission approves the 8. Applicants believe that the Life will withdraw its seed money from substitution. The Commission will substitution will better serve the the High Yield Account and terminate approve such a substitution if the interests of contractowners because it the High Yield Account. In addition, evidence establishes that it is consistent will eliminate an investment option Principal Life will combine the High with the protection of investors and the under the Contract that has never been Yield Division with the Bond Division. purposes fairly intended by the policy able to attract significant contractowner 11. Applicants represent that the and provisions of the Act. interest, will provide contractowners proposed substitution was described in 2. Applicants assert that the purposes, with an investment in an account that a supplement to the prospectus for the terms and conditions of the substitution has similar, although not identical, Contract (‘‘Sticker’’) filed with the are consistent with the principles and investment objectives and policies, a Commission on August 16, 2002, and purposes of section 26(c) and do not lower expense ratio and superior mailed to contractowners. The Sticker entail any of the abuses that section historical performance, and should gave contractowners notice of the 26(c) is designed to prevent. benefit contractowners by providing substitution, described the reasons for Substitution is an appropriate solution economies of scale that result from engaging in the substitution and to the small size and higher relative investing in a much larger account. informed the contractowners that no expense of the High Yield Account. Applicants represent that the amounts may be transferred to the High Applicants believe that the Bond substitution will take place at the Yield Division on or after May 31, 2003. Account will better serve contractowner relative net asset values determined on In addition, the Sticker informed interests because of its larger size, lower the date of the substitution in affected contractowners that they will expenses and better historical accordance with Section 22 of the Act have an opportunity to reallocate performance. Moreover, Principal Life and Rule 22c–1 thereunder. Applicants accumulation value, prior to the has reserved the right to effect represent that there will be no financial substitution, from the High Yield substitutions in the Contract and impact to any contractowner. Division, or for 60 days after the disclosed this reserved right in the 9. Applicants agree that, to the extent substitution, from the Bond Division to prospectus for the Contract. that the annualized expenses of the another Division available under the 3. Applicants represent that the Bond Account exceed, for each fiscal Contract, without the imposition of any substitution will not result in the type quarter during the two-year period transfer-charge or limitation and of costly, forced redemption that section following the Substitution, the 2002 net without counting the transfer as one of 26(c) was intended to guard against and, expense level of the High Yield the four annual free transfers (the ‘‘Free for the following reasons, is consistent Account, Principal Life will, for each Transfer Right’’). Contractowners may with the protection of investors and the Contract outstanding on the date of the elect to reallocate accumulation value to purposes fairly intended by the Act: Substitution, make a reduction in (or the Fidelity VIP High Yield Division (a) The proposed substitution permits reimbursement of) the Bond Division (‘‘Fidelity High Income Division’’) that contractowners continuity of investment expenses on the last day of each such invests solely in an Underlying Fund objectives and expectations. Both the fiscal period, such that the sum of the that, like the High Yield Account, Bond Account and the High Yield net expenses of the Bond Account and emphasizes investment in lower-quality Account seek a high level of income the net expenses of the Bond Division debt securities. through investing in fixed-income will, on an annualized basis, be no 12. Each contractowner has been securities. Although the Bond Account greater than the sum of the net expenses provided a prospectus for the Bond and the High Yield Account differ of the High Yield Account and the net Account. Within five days after the significantly in the credit quality of the expenses of the High Yield Division for substitution, Principal Life will send to securities in which each principally the 2002 fiscal year. In addition, for the contractowners written confirmation invests, there is substantial overlap in two-year period following the that the substitution has occurred. the range of the credit qualities of the
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securities in which each may invest, increase asset-based fees or charges registered investment company and the Bond Account, with its under the Contract. concerned, as recited in the registration emphasis on investment grade 4. Section 17(a) of the Act provides, statements and reports filed under the securities, will afford shareholders of in pertinent part, that it is unlawful for Act; and the High Yield Account an opportunity any affiliated person of a registered (c) The proposed transaction is for continued, if reduced, investment investment company, or any affiliated consistent with the general purposes of exposure to high yield securities. person of such an affiliated person, the Act. (b) The contract owners will have acting as principal, knowingly to sell 7. Applicants assert that the terms of ample opportunity to consider their any security or other property to such the proposed In-Kind Transaction are investment options because they will be registered company or to purchase from reasonable and fair and do not involve given notice prior to the substitution such registered company any security or any overreaching on the part of any and will have an opportunity to other property. Section 2(a)(3) of the Act person concerned. The substitution will reallocate accumulation value among defines the term ‘‘affiliated person’’ of be accomplished on the basis of the other available Divisions without the another person to include in pertinent relative net asset values of each of the imposition of any transfer charge or part ‘‘(A) any person directly or Funds and, therefore, will have no limitation as a result of the Free indirectly owning, controlling, or economic impact on the interest of any Transfer Right. Contractowners who holding with power to vote, 5 per contractowner. wish to maintain a higher investment centum or more of the outstanding 8. Applicants assert that the exposure to high yield securities than is voting securities of such other person; substitution is consistent with the possible through the Bond Division may (B) any person 5 per centum or more of investment objective of each of the elect to reallocate accumulation value to whose outstanding voting securities are Funds in that both Funds seek a high level of income through investing if the Fidelity High Income Division directly or indirectly owned, controlled, fixed-income securities. Although the available under the Contract. or held with power to vote, by such funds differ significantly in the credit (c) The costs of the substitution will other person; (C) any person directly or quality of the securities in which each be borne by Principal Life and will not indirectly controlling, controlled by, or principally invests, there is substantial be borne by the Funds or the under common control with such other overlap in the range of the credit contractowners. person; * * * (E) if such other person is an investment company, any qualities of the securities in which each (d) The substitution will be at net may invest, and the Bond Account, with asset values of the respective shares, investment adviser thereof or any member of an advisory board thereof.’’ its emphasis on investment grade without the imposition of any transfer 5. Each of the Funds was sponsored securities, will nonetheless afford or similar charge and with no change in by Principal Life. Principal Life may be contractowners with an interest in the the amount of any contractowner’s deemed an affiliated person of an High Yield Division an opportunity for accumulation value under the Contract. affiliated person of each of the Funds continued, if reduced, investment (e) The substitution will not cause the because it is under common control exposure to high yield securities. In fees and charges under the Contract with PMC, which serves as the addition, contractowners with an currently being paid by contractowners investment adviser to the Funds. opportunity to transfer their interest, to be greater after the substitution than Moreover, Principal Life is the owner of without charge, to any other Division, before the substitution. all the outstanding shares of the Bond including the Fidelity High Income (f) Within five days after the Account and all of the outstanding Division. substitution, Principal Life will send to shares of the High Yield Account. As a 9. Applicants assert that the contractowners written confirmation result of these relationships, the Funds substitution is consistent with the that the substitution has occurred. might be deemed to be under common general purposes of the Act. Section (g) The substitution will in no way control and, therefore, affiliated persons 1(b)(2) of the Act declares that the alter the insurance benefits to of each other for purposes of the public interest and interest of investors contractowners or the contractual prohibitions set forth in section 17(a) of are adversely affected when investment obligations of Principal Life. the Act. Thus, absent exemptive relief, companies are organized and managed (h) The substitution will in no way consummation of the substitution using in the interest of affiliated persons, alter the tax benefits to contractowners. the In-Kind Transaction could result in rather than in the interest of the (i) To the extent that the annualized a violation of section 17(a) because the company’s security holders. The expenses of the Bond Account exceed, transaction would involve the purchase substitution does not result in any of the for each fiscal quarter during the two- from and sale of securities to an self-dealing abuses that the Act was year period following the substitution, investment company by an affiliated designed to prevent. Principal Life will the 2002 net expense level of the High person, or an affiliated person of an pay all expenses incurred in connection Yield Account, Principal Life will, for affiliated person, of that investment with the substitution. The substitution each Contract outstanding on the date of company. will be effected by Principal Life in the substitution, make a reduction in (or 6. Section 17(b) of the Act provides accordance with the terms of the reimbursement of) the Bond Division that the Commission may exempt any Contract. The substitution will expenses on the last day of each such transaction from the prohibitions of eliminate a small fund that has never fiscal period, such that the sum of the section 17(a) if the evidence establishes been able to attract significant investor net expenses of the Bond Account and that: interest, will provide contractowners the net expenses of the Bond Division (a) The terms of the proposed with an interest in that fund with an will, on an annualized basis, be no transaction, including the consideration interest in a fund that has similar, greater than the sum of the net expenses to be paid or received, are fair and although not identical, investment of the High Yield Account and the net reasonable and do not involve objectives and policies as well as a expenses of the High Yield Division for overreaching on the part of any person lower expense ratio and superior the 2002 fiscal year. In addition, for the concerned; historical performance, and should two-year period following the (b) The proposed transaction is benefit the shareholders of both Funds substitution, Principal Life will not consistent with the policy of each by providing economies of scale that
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result from combining the assets and SECURITIES AND EXCHANGE FOR FURTHER INFORMATION CONTACT: operations of the two Funds. COMMISSION Rebecca A. Marquigny, Senior Counsel, or Zandra Bailes, Branch Chief, Office of 10. Applicants request an order of the [Release No. IC–25995; File No. 812–12840] Commission pursuant to Section 26(c) Insurance Products, Division of of the Act approving the substitution Principal Life Insurance Company, et Investment Management, at (202) 942– 0670. and an order of exemption pursuant to al., Notice of Application SUPPLEMENTARY INFORMATION: Following section 17(b) of the Act in connection April 7, 2003. is a summary of the Application; the with aspects of the substitution that may AGENCY: Securities and Exchange complete Application is available for a be deemed to be prohibited by section Commission (‘‘SEC’’ or ‘‘Commission’’). 17(a), as described above. Section 26(c), fee from the SEC’s Public Reference ACTION: Notice of application for an Branch, 450 Fifth Street, NW., in pertinent part, provides that the order pursuant to section 26(b) of the Commission shall issue an order Washington, DC 20549–0102 (telephone Investment Company Act of 1940 (the (202) 942–8090). approving a substitution of securities if ‘‘Act’’) approving the substitution of the evidence establishes that it is securities and an order of exemption Applicants’ Representations consistent with the protection of pursuant to section 17(b) of the Act. 1. Principal Life is a stock life investors and the purposes fairly insurance company organized under the APPLICANTS: intended by the policy and provisions of Principal Life Insurance laws of Iowa in 1879. It is authorized to Company (‘‘Principal Life’’), Principal the Act. For the reasons and upon the transact life insurance and annuity Life Insurance Company Variable Life facts set forth above, Applicants believe business in all of the United States and VL Separate Account (the ‘‘VL Separate that the requested order meets the the District of Columbia. Account’’), and Principal Life Insurance standards set forth in section 26(c) and 2. The VL Separate Account was Company Separate Account B should, therefore, be granted. Section established in 1987 by Principal Life as (‘‘Separate Account B’’). 17(b) of the Act provides that the a separate account under Iowa law for Commission may grant an order SUMMARY: Applicants seek an order to the purpose of funding variable life exempting transactions prohibited by permit, under the specific contracts issued by Principal Life (File section 17(a) of the Act upon circumstances identified in the No. 811–05118). Separate Account B application, the substitution of shares of application subject to certain was established in 1970 by Principal the SmallCap Account of Principal Life as a separate account under Iowa conditions. Applicants represent that Variable Contracts Fund, Inc, the proposed In-Kind Transaction meets law for the purpose of funding variable (‘‘SmallCap Account’’) for shares of the annuity contracts issued by Principal all of the requirements of section 17(b) MicroCap Account of Principal Variable of the Act and that an exemption should Life (File No. 811–02091). The only Contracts Fund, Inc. (‘‘MicroCap contracts affected by this application be granted, to the extent necessary, from Account’’). Applicants also request an are: (a) Four flexible premium variable the provisions of section 17(a). order exempting the proposed life insurance policies called ‘‘Flex substitution from the provisions of Conclusion Variable Life’’ (File No. 033–13481) section 17(a) of the Act. (‘‘FVL Contract’’), ‘‘Prinflex Life’’ (File Section 6(c) of the Act, in pertinent DATES: The Application was filed on No. 333–00101) (‘‘Prinflex Contract’’), part, provides that the Commission, by May 8, 2002, and amended on December ‘‘Survivorship Variable Universal Life’’ order upon application, may 19, 2002, and March 24, 2003. (File No. 333–71521) (‘‘Survivorship conditionally or unconditionally HEARING OR NOTIFICATION OF HEARING: An Contract’’), and ‘‘Principal Variable exempt any persons, security or order granting the Application will be Universal Life Accumulator’’ (File No. transaction, or any class or classes of issued unless the SEC orders a hearing. 333–65690) (‘‘Accumulator Contract’’); persons, securities or transactions, from Interested persons may request a (b) an individual deferred annuity any provision or provisions of the Act, hearing by writing to the SEC’s contract called ‘‘Flexible Variable or any rule or regulation thereunder, to Secretary and serving Applicants with a Annuity’’ (File No. 33–74232) (‘‘FVA the extent that such exemption is copy of the request, personally or by Contract’’); and (c) a group variable necessary or appropriate in the public mail. Hearing requests should be annuity contract called ‘‘Premier interest and consistent with the received by the SEC by 5:30 on April 29, Variable Annuity Contract’’ (File No. 2003, and should be accompanied by protection of investors and the purposes 333–63401) (‘‘Premier Contract,’’ proof of service on Applicants, in the fairly intended by the policy and collectively with FVL Contract, Prinflex form of an affidavit or, for lawyers, a provisions of the Act. Applicants submit Contract, Survivorship Contract, certificate of service. Hearing requests that, for the reasons stated in the Accumulator Contract and FVA should state the nature of the writer’s Contract, the ‘‘Contracts’’). Application, their exemptive requests interest, the reason for the request, and meet the standards set out in section 3. Purchase payments for FVL, the issues contested. Persons who wish Prinflex, Survivorship and Accumulator 6(c) and that an order should, therefore, to be notified of a hearing may request be granted. Contracts are allocated to one or more notification by writing to the SEC’s subaccounts (‘‘Divisions’’) of VL For the Commission, by the Division of Secretary. Separate Account. Purchase payments Investment Management, pursuant to ADDRESSES: Secretary, SEC, 450 5th for FVA and Premier Contracts are delegated authority. Street, NW., Washington, DC 20549. allocated to one or more Divisions of Margaret H. McFarland, Applicants, c/o John W. Blouch, Esq., Separate Account B. The Contracts Deputy Secretary. Jones & Blouch L.L.P., 1025 Thomas permit allocations of accumulation [FR Doc. 03–8921 Filed 4–10–03; 8:45 am] Jefferson Street, NW., Washington, DC value to the available Divisions. Each BILLING CODE 8010–01–P 20007–0805; copy to Michael D. Division invests in shares of an Roughton, Esq., Principal Financial underlying mutual fund (‘‘Underlying Group, Inc., 711 High Street, Des Fund’’). There currently are 40 Moines, Iowa 50392–0200. Divisions available under the FVL
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Contract, 23 of which invest in Principal managed by Invista Capital of scale that result from investing in a Variable Contracts Fund, Inc. Management, LLC (‘‘Invista’’), a much larger account. Applicants (‘‘Principal Fund’’), an open-end registered investment adviser under the represent that the substitution will take management investment company Advisers Act. Invista is an indirect, place at the relative net asset values registered under the Act (File Nos. 811– wholly-owned subsidiary of Principal determined on the date of the 01944 and 002–35570). There currently Life. substitution in accordance with section are 47 Divisions available under the 7. The MicroCap Account’s 22(c) of the Act and rule 22c–1 Accumulator and Prinflex Contracts, 25 investment objective is to seek long term thereunder. Applicants represent that of which invest in Principal Fund. growth of capital primarily by investing there will be no financial impact to any There currently are 39 Divisions in value and growth oriented companies contractowner. The substitution will be available under the Survivorship with small market capitalizations. effected by having the MicroCap Contract, 25 of which invest in Principal Under normal market conditions, the Divisions redeem their shares of the Fund. There currently are 41 Divisions MicroCap Account invests at least 80% MicroCap Account for cash at the net available under the FBA Contract, 26 of of its net assets plus any borrowings for asset value calculated on the date of the which invest in Principal Fund. There investment purposes (measured at the substitution and purchase shares of the currently are 25 Divisions available time of purchase) in a broadly SmallCap Account for cash at net asset under the Premier Contract, all of which diversified portfolio of equity securities value on the same date. In the invest in Principal Fund. The only in microcap U.S. issuers (including alternative, the substitution may be Divisions affected by this application foreign issuers that are traded in the effected by having a partial ‘‘in-kind’’ are the MicroCap Divisions of VL United States). These microcap issuers redemption with the MicroCap Separate Account and Separate Account will generally have market Divisions receiving from the MicroCap B which invest solely in the MicroCap capitalizations of less than $1 billion at Account securities that are eligible Account and the SmallCap Division of the time of investment. The expense investments for the SmallCap Account those two Separate Accounts which ratio of the MicroCap Account for 2002 and that have a value equal to the net invest solely in the SmallCap Account. was 1.25%. The MicroCap Account has asset value of the shares of the MicroCap Account and SmallCap no 12b–1 plan. The total return of the MicroCap Account being redeemed and Account are referred to collectively as MicroCap Account was ¥16.89% for then contributing these securities to the the ‘‘Funds.’’ the year ended December 31, 2002, and SmallCap Account in exchange for 4. The Contracts permit transfers of the average annual total return for the shares of the SmallCap Account having accumulated value from one Division to life of the Account through December a net asset value equal to the value of another. The total amount transferred 31, 2002, was ¥5.54%. the securities contributed (the ‘‘In-Kind each time must be at least $250 under 8. The SmallCap Account’s Transaction’’). In connection with the the FVL Contract or $100 under the investment objective is to seek long term completion of the substitution, Principal FVA, Survivorship, Accumulator, or growth of capital by investing primarily Life will withdraw its seed money from Prinflex Contracts, unless a lesser in equity securities of both growth and the MicroCap Account and terminate amount constitutes the Contract’s entire value oriented companies with the MicroCap Account. In addition, accumulated value in a Division. comparatively smaller market Principal Life will combine the Transfers between Divisions under the capitalizations. Under normal market MicroCap Division with the SmallCap Premier Contract are not subject to a conditions, the SmallCap Account Division. minimum amount or any charge. A invests at least 80% of its assets in 10. Applicants represent that the transaction charge of $25 is imposed on common stocks of companies with small proposed substitution was described in each transfer of accumulated value market capitalizations (those with supplements to the prospectuses for the among Divisions under the FVL market capitalizations similar to Contracts (‘‘Stickers’’) which were filed Contract exceeding four per policy year. companies in the Russell 2000 Index) at with the Commission on August 16, A transaction charge of $30 is imposed the time of purchase. The expense ratio 2002, and mailed to contractowners. on each transfer of accumulated value of the SmallCap Account for 2002 was The Stickers gave contractowners notice among Divisions under the FVA 0.97%. The SmallCap Account has no of the substitution, described the Contract exceeding twelve per policy 12b–1 plan. The total return of the reasons for engaging in the substitution, year. No transaction charge applies to SmallCap Account for the year ended and informed contractowners that no transfers under the Prinflex, December 31, 2002, was ¥27.33%, and amounts may be transferred to the Accumulator or Survivorship Contracts. the average annual total return for the MicroCap Division on or after May 31, 5. Applicants propose a substitution life of the Account through December 2003. In addition, the Stickers informed of shares of the SmallCap Account for 31, 2002, was ¥5.95%. There are no fee affected contractowners that they will shares of the MicroCap Account held by waiver or expense reimbursement have an opportunity to reallocate the MicroCap Divisions of VL Separate provisions with respect to either Fund. accumulation value, prior to the Account and Separate Account B. 9. Applicants believe that the substitution, from the MicroCap 6. Principal Management Corporation substitution will better serve the Division, or for 60 days after the (‘‘PMC’’), a registered investment interests of contractowners because it substitution, from the SmallCap adviser under the Investment Advisers will eliminate an investment option Division to another Division available Act of 1940, as amended (‘‘Advisers under the Contracts that has never been under the Contracts, without the Act’’), and an indirect, wholly-owned able to attract significant contractowner imposition of any transfer charge or subsidiary of Principal Financial Group, interest and will provide limitation and without counting the Inc., serves as the investment adviser for contractowners with an investment in transfer as one of the annual free the Funds. Pursuant to sub-advisory an account that has similar, although transfers (the ‘‘Free Transfer Right’’). agreements, the MicroCap Account is not identical, investment objectives and 11. Each contractowner has been managed by Goldman Sachs Asset policies as well as a lower expense ratio. provided a prospectus for the SmallCap Management (‘‘GSAM’’), a registered Applicants also believe that the Account. Within five days after the investment adviser under the Advisers substitution should benefit substitution, Principal Life will send to Act, and the SmallCap Account is contractowners by providing economies contractowners written confirmation
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that the substitution has occurred. The the market capitalization of the Account and the net expenses of the confirmation will be accompanied by a companies in which they invest, with MicroCap Division for the 2002 fiscal notice describing the Free Transfer the SmallCap Account investing year. In addition, for the two-year Right. primarily in companies with small period following the substitution, 12. Applicants represent that market capitalizations ranging Principal Life will not increase asset- Principal Life will pay all expenses and approximately from $150 million to $1.4 based fees or charges under the transaction costs of the substitution. billion, and the MicroCap Account Contracts. Affected contractowners will not incur investing primarily in companies with 4. Section 17(a) of the Act provides, any fees or charges as a result of the market capitalizations under $1 billion, in pertinent part, that it is unlawful for substitution, nor will their rights or the there is substantial overlap in the any affiliated person of a registered obligations of Principal Life under the securities in which each may invest. investment company, or any affiliated Contracts be altered in any way. The The SmallCap Account, with its person of such an affiliated person, proposed substitution will not cause the emphasis on investing in companies acting as principal, knowingly to sell fees and charges under the Contracts with small market capitalizations, will any security or other property to such currently being paid by contractowners afford shareholders of the MicroCap registered company or to purchase from to be greater after the substitution than Account an opportunity for continued such registered company any security or before the substitution. The proposed investment exposure to companies with other property. Section 2(a)(3) of the Act substitution will not have a tax impact smaller market capitalizations. defines the term ‘‘affiliated person’’ of on contractowners. (b) The contract owners will have another person to include in pertinent ample opportunity to consider their Applicants’ Legal Analysis part ‘‘(A) any person directly or investment options because they will be indirectly owning, controlling, or 1. Applicants request an order given notice prior to the substitution holding with power to vote, 5 per pursuant to section 26(c) of the Act and will have an opportunity to centum or more of the outstanding approving the substitution. Section reallocate accumulation value among voting securities of such other person; 26(c) of the Act makes it unlawful for other available Divisions without the any depositor or trustee of a registered (B) any person 5 per centum or more of imposition of any transfer charge or whose outstanding voting securities are unit investment trust holding the limitation as a result of the Free security of a single issuer to substitute directly or indirectly owned, controlled, Transfer Right. or held with power to vote, by such another security for such security unless (c) The costs of the substitution will the Commission approves the other person; (C) any person directly or be borne by Principal Life and will not indirectly controlling, controlled by, or substitution. The Commission will be borne by the Funds or the contract approve such a substitution if the under common control with such other owners. person; * * * (E) if such other person evidence establishes that it is consistent (d) The substitution will be at net is an investment company, any with the protection of investors and the asset values of the respective shares, investment adviser thereof or any purposes fairly intended by the policy without the imposition of any transfer member of an advisory board thereof.’’ and provisions of the Act. or similar charge and with no change in 5. Each of the Funds was sponsored 2. Applicants assert that the purposes, the amount of any contract owner’s by Principal Life. Principal Life may be terms and conditions of the substitution accumulation value under the Contracts. are consistent with the principles and (e) The substitution will not cause the deemed an affiliated person of an purposes of section 26(c) and do not fees and charges under the Contracts affiliated person of each of the Funds entail any of the abuses that section currently being paid by contract owners because it is under common control 26(c) is designed to prevent. to be greater after the substitution than with Principal Management Substitution is an appropriate solution before the substitution. Corporation, which serves as the to the small size and higher relative (f) Within five days after the investment adviser to the Funds. expense of the MicroCap Account. substitution, Principal Life will send to Moreover, Principal Life is the owner of Applicants believe that the SmallCap contract owners written confirmation all the outstanding shares of the Account will better serve contractowner that the substitution has occurred. SmallCap Account and all of the interests because of its larger size and (g) The substitution will in no way outstanding shares of the MicroCap lower expenses. Moreover, Principal alter the insurance benefits to contract Account. As a result of these Life has reserved the right to effect owners or the contractual obligations of relationships, the Funds might be substitutions in the Contracts and Principal Life. deemed to be under common control disclosed this reserved right in the (h) The substitution will in no way and, therefore, affiliated persons of each prospectus for the Contracts. alter the tax benefits to contract owners. other for purposes of the prohibitions 3. Applicants represent that the (i) To the extent that the annualized set forth in section 17(a) of the Act. substitution will not result in the type expenses of the SmallCap Account Thus, absent exemptive relief, of costly, forced redemption that section exceed, for each fiscal quarter during consummation of the substitution using 26(c) was intended to guard against and, the two-year period following the the In-Kind Transaction could result in for the following reasons, is consistent substitution, the 2002 net expense level a violation of section 17(a) because the with the protection of investors and the of the MicroCap Account, Principal Life transaction would involve the purchase purposes fairly intended by the Act: will, for each Contract outstanding on from and sale of securities to an (a) The proposed substitution permits the date of the substitution, make a investment company by an affiliated contractowners continuity of investment reduction in (or reimbursement of) the person, or an affiliated person of an objectives and expectations. Both the SmallCap Division expenses on the last affiliated person, of that investment SmallCap Account and the MicroCap day of each such fiscal period, such that company. Account seek long term growth of the sum of the net expenses of the 6. Section 17(b) of the Act provides capital primarily by investing in value SmallCap Account and the net expenses that the Commission may exempt any and growth oriented companies. of the SmallCap Division will, on an transaction from the prohibitions of Although the SmallCap Account and the annualized basis, be no greater than the section 17(a) if the evidence establishes MicroCap Account differ primarily in sum of the net expenses of the MicroCap that:
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(a) The terms of the proposed pay all expenses incurred in connection set out in section 6(c) and that an order transaction, including the consideration with the substitution. The substitution should, therefore, be granted. to be paid or received, are fair and will be effected by Principal Life in For the Commission, by the Division of reasonable and do not involve accordance with the terms of the Investment Management, pursuant to overreaching on the part of any person Contracts. The substitution will delegated authority. concerned; eliminate a small fund that has never Margaret H. McFarland, (b) The proposed transaction is been able to attract significant investor Deputy Secretary. consistent with the policy of each interest, will provide contract owners registered investment company with an interest in that fund with an [FR Doc. 03–8922 Filed 4–10–03; 8:45 am] concerned, as recited in the registration interest in a fund that has similar, BILLING CODE 8010–01–P statements and reports filed under the although not identical, investment Act; and objectives and policies as well as a (c) The proposed transaction is lower expense ratio, and should benefit SECURITIES AND EXCHANGE consistent with the general purposes of the shareholders of both Funds by COMMISSION the Act. providing economies of scale that result Sunshine Act; Meetings 7. Applicants represent that the terms from combining the assets and of the proposed In-Kind Transaction are operations of the two Funds. reasonable and fair and do not involve Notice is hereby given, pursuant to 10. Applicants request an order of the any overreaching on the part of any the provisions of the Government in the Commission pursuant to section 26(c) of person concerned. The substitution will Sunshine Act, Pub. L. 94–409, that the the Act approving the substitution and be accomplished on the basis of the Securities and Exchange Commission an order of exemption pursuant to relative net asset values of each of the will hold the following meeting during section 17(b) of the Act in connection Funds and, therefore, will have no the week of April 14, 2003: with aspects of the substitution that may economic impact on the interest of any be deemed to be prohibited by section A Closed Meeting will be held on contract owner. Tuesday, April 15, 2003 at 10 a.m. 8. Applicants represent that the 17(a), as described above. Section 26(c), substitution is consistent with the in pertinent part, provides that the Commissioners, Counsel to the investment objective of each of the Commission shall issue an order Commissioners, the Secretary to the Funds in that both Funds seek long term approving a substitution of securities if Commission, and recording secretaries growth of capital by investing primarily the evidence establishes that it is will attend the Closed Meeting. Certain in value and growth oriented consistent with the protection of staff members who have an interest in companies. Although the SmallCap investors and the purposes fairly the matters may also be present. intended by the policy and provisions of Account and the MicroCap Account The General Counsel of the differ primarily in the market the Act. For the reasons and upon the facts set forth above, Applicants believe Commission, or his designee, has capitalization of the companies they certified that, in his opinion, one or invest in, with the SmallCap Account that the requested order meets the standards set forth in section 26(c) and more of the exemptions set forth in 5 investing primarily in companies with U.S.C. 552b(c) (5), (7), (8), (9)(B) and small market capitalizations, ranging should, therefore, be granted. Section 17(b) of the Act provides that the (10) and 17 CFR 200.402(a) (5), (7), (8), approximately from $150 million to $1.4 (9)(ii) and (10), permit consideration of billion, and the MicroCap Account Commission may grant an order exempting transactions prohibited by the scheduled matters at the Closed investing primarily in companies with Meeting. market capitalizations under $1 billion, section 17(a) of the Act upon there is substantial overlap in the application subject to certain The subject matter of the Closed securities in which each may invest, conditions. Applicants represent that Meeting scheduled for Tuesday, April and the SmallCap Account, with its the proposed In-Kind Transaction meets 15, 2003 will be: all of the requirements of section 17(b) emphasis on investing in companies Institution and settlement of of the Act and that an exemption should with small market capitalizations, will administrative proceedings of an be granted, to the extent necessary, from afford shareholders of the MicroCap enforcement nature; Account an opportunity for continued the provisions of section 17(a). Regulatory matter regarding a financial investment exposure to companies with Conclusion smaller market capitalizations. In institution; addition, contract owners with an Section 6(c) of the Act, in pertinent Institution and settlement of injunctive interest in the MicroCap Division will part, provides that the Commission, by actions; and have the opportunity to transfer their order upon application, may Formal Orders of Investigation; interest, without charge, to any other conditionally or unconditionally Division. exempt any persons, security or At times, changes in Commission 9. Applicants represent that the transaction, or any class or classes of priorities require alterations in the substitution is consistent with the persons, securities or transactions, from scheduling of meeting items. For further general purposes of the Act. Section any provision or provisions of the Act, information and to ascertain what, if 1(b)(2) of the Act declares that the or any rule or regulation thereunder, to any, matters have been added, deleted, public interest and interest of investors the extent that such exemption is or postponed, please contact: are adversely affected when investment necessary or appropriate in the public The Office of the Secretary at (202) companies are organized and managed interest and consistent with the 942–7070. in the interest of affiliated persons, protection of investors and the purposes Dated: April 8, 2003. rather than in the interest of the fairly intended by the policy and company’s security holders. The provisions of the Act. Jonathan G. Katz, substitution does not result in any of the Applicants submit that, for the Secretary. self-dealing abuses that the Act was reasons stated in the Application, their [FR Doc. 03–8996 Filed 4–8–03; 4:08 pm] designed to prevent. Principal Life will exemptive requests meet the standards BILLING CODE 8010–01–P
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SECURITIES AND EXCHANGE for the first 150 logons $200/month in Item IV below. Nasdaq has prepared COMMISSION for each additional logon summaries, set forth in Sections A, B, Additional Circuit/SDP Charge—[$3,075 and C below, of the most significant [Release No. 34–47637; File No. SR–NASD– 2003–47] per month from December 1, 2000 aspects of such statements. through February 28, 2001, and] A. Self-Regulatory Organization’s $3,235/month [beginning March 1, Self-Regulatory Organizations; Notice Statement of the Purpose of, and of Filing and Immediate Effectiveness 2001]* Statutory Basis for, the Proposed Rule Maintenance—$55/[SDP or] of Proposed Rule Change by the Change National Association of Securities presentation device (‘‘PD’’) logon or Dealers, Inc. To Modify the Display SDP/month 1. Purpose Charge Associated With the Use of the A subscriber that accesses Nasdaq The NWII service allows market Nasdaq Workstation II Service by Workstation II Service via an participants to access The Nasdaq Stock NASD Members application programming interface Market and other Nasdaq facilities (‘‘API’’) shall be assessed the Service through Nasdaq’s Enterprise Wide April 7, 2003. Charge for each of the subscriber’s SDPs Network II (‘‘EWN II’’). To use the NWII Pursuant to section 19(b)(1) of the and shall be assessed the Display Charge service, each subscriber location has at Securities Exchange Act of 1934 1 2 for each of the subscriber’s [API least one service delivery platform (‘‘Act’’), and Rule 19b–4 thereunder, linkages] logons, including logons of an (‘‘SDP’’) that connects to the EWN II by notice is hereby given that on March 21, NWII substitute or quote-update facility. a dedicated T1 circuit pair. The 2003, the National Association of API subscribers also shall be subject to subscriber then connects the Securities Dealers, Inc. (‘‘NASD’’), the Additional Circuit/SDP Charge. workstations used by its employees to through its subsidiary, The Nasdaq (2) No change. the SDP. Thus, the SDP functions as the Stock Market, Inc. (‘‘Nasdaq’’), filed * A subscriber shall be subject to the gateway from the subscriber’s with the Securities and Exchange Additional Circuit/SDP Charge when workstations to the EWN II. Commission (‘‘Commission’’) the the subscriber has not maximized Different subscribers use different proposed rule change as described in capacity on its SDP(s) by placing eight types of workstations. A subscriber may Items I, II, and III below, which Items [PDs and/or API servers] logons on an use either an ‘‘NWII presentation have been prepared by Nasdaq. The SDP and obtains an additional SDP(s); device’’ (a workstation and associated Commission is publishing this notice to in such case, the subscriber shall be software provided by Nasdaq) or its own solicit comments on the proposed rule charged the Additional Circuit/SDP workstation and software (often referred change from interested persons. Charge (in lieu of the service charge) for to as an ‘‘application programming I. Self-Regulatory Organization’s each ‘‘underutilized’’ SDP(s) (i.e., the interface’’ device, or an ‘‘NWII Statement of the Terms of Substance of difference between the number of SDPs substitute’’), and many subscribers use the Proposed Rule Change a subscriber has and the number of both options. Each workstation, Nasdaq proposes to modify the SDPs the subscriber would need to however, is associated with a particular 4 display charge paid by NASD members support its logons [PDs and/or API ‘‘logon,’’ the code that a user enters to for use of the Nasdaq Workstation II servers], assuming an eight-to-one ratio). identify himself or herself as an (‘‘NWII’’) Service.3 Nasdaq proposes to A subscriber also shall be subject to the authorized NWII user and thereby gain implement the proposed rule change on Additional Circuit/SDP Charge when access to the NWII service. Nasdaq April 1, 2003. the subscriber has not maximized currently assesses a ‘‘display charge’’ of The text of the proposed rule change capacity on its T1 circuits by placing $525 per month for each logon.5 appears below. New text is in italics. eighteen SDPs on a T1 circuit; in such Nasdaq represents that, as part of an Deleted text is in brackets. case, the subscriber shall be charged the ongoing effort to reduce costs incurred * * * * * Additional Circuit/SDP Charge (in lieu by Nasdaq’s market participants to use of the service charge) for each its systems and services, Nasdaq is 7000. CHARGES FOR SERVICES AND ‘‘underutilized’’ SDP slot on the existing proposing to modify the display charge EQUIPMENT T1 circuit(s). Regardless of the SDP to reflect the economies of scale realized 7010. System Services allocation across T1 circuits, a when providing subscribers with a large (a)–(e) No change subscriber will not be subject to the number of logons. Specifically, Nasdaq (f) Nasdaq Workstation TM Service Additional Circuit/SDP Charge if the asserts that if a subscriber has more than (1) The following charges shall apply subscriber does not exceed the 150 logons, the per logon average cost to the receipt of Level 2 or Level 3 minimum number of T1 circuits needed to provide NWII service to that Nasdaq Service via equipment and to support its SDP, assuming an subscriber will decrease over a communications linkages prescribed for eighteen-to-one ratio. substantial range of additional logons. the Nasdaq Workstation II Service: (g)–(s) No change. Moreover, Nasdaq represents that the Service Charge—[$1,875/month per * * * * * service delivery platform (‘‘SDP’’) 4 Nasdaq represents that the term ‘‘logon’’ as used from December 1, 2000 through II. Self-Regulatory Organization’s throughout the proposed rule change refers to a Statement of the Purpose of, and logon ID (or logon identifier) and not a logon event. February 28, 2001] $2,035/month Telephone conversation between John M. Yetter, per service delivery platform Statutory Basis for, the Proposed Rule Assistant General Counsel, Nasdaq, and Frank N. (‘‘SDP’’) [beginning March 1, 2001] Change Genco, Attorney, Division of Market Regulation (‘‘Division’’), Commission, on March 28, 2003. Display Charge—$525/month per In its filing with the Commission, [presentation device (‘‘PD’’)] logon 5 Nasdaq notes that NASD Rule 7010(f)(1), as in Nasdaq included statements concerning effect prior to the amendments made by this the purpose of and basis for the proposed rule change, uses a variety of terms to 1 15 U.S.C. 78s(b)(1). proposed rule change and discussed any refer to the concept reflected in the term ‘‘logon.’’ 2 17 CFR 240.19b–4. As a part of this proposed rule change, Nasdaq is 3 On March 21, 2003, Nasdaq also submitted a comments it received on the proposed clarifying the rule by using the term ‘‘logon’’ proposed rule change to modify this charge for non- rule change. The text of these statements throughout, and is also removing language members. See File No. SR–NASD–2003–48. may be examined at the places specified describing fees in effect prior to March 1, 2001.
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average costs associated with subscriber C. Self-Regulatory Organization’s SECURITIES AND EXCHANGE support also decrease as the number of Statement on Comments on the COMMISSION logons increases. Accordingly, Nasdaq Proposed Rule Change Received From believes that it is reasonable to offer a Members, Participants, or Others [Release No. 34–47644; File No. SR–NSCC– discount on additional logons to Written comments were neither 2003–04] subscribers with more than 150 logons, solicited nor received. to reflect the lower average costs Self-Regulatory Organizations; associated with providing this volume III. Date of Effectiveness of the National Securities Clearing of logons.6 A subscriber will pay the Proposed Rule Change and Timing for Corporation; Notice of Filing and Order current display charge of $525 per Commission Action Granting Accelerated Approval of a month per logon for its first 150 logons, The foregoing proposed rule change Proposed Rule Change Relating to and a reduced charge of $200 per month has become effective pursuant to section NSCC’s Insurance Processing Service for each additional logon.7 Nasdaq 10 19(b)(3)(A)(ii) of the Act and April 7, 2003. believes that this reduction will also subparagraph (f)(2) of Rule 19b–4 11 make it more economical for subscribers thereunder, because it establishes or Pursuant to section 19(b)(1) of the to install systems with redundancy, changes a due, fee, or other charge. At Securities Exchange Act of 1934 which will enable them to remain fully any time within 60 days of March 21, (‘‘Act’’),1 notice is hereby given that on operational even if they experience 2003, the Commission may summarily March 14, 2003, National Securities equipment failures or an unexpected abrogate such rule change if it appears Clearing Corporation (‘‘NSCC’’) filed increase in demand. to the Commission that such action is with the Securities and Exchange In determining the number of logons necessary or appropriate in the public Commission (‘‘Commission’’) the used by a particular subscriber, Nasdaq interest, for the protection of investors, proposed rule change as described in will permit a particular corporate entity or otherwise in furtherance of the Items I and II below, which items have 12 to aggregate its logons with those used purposes of the Act. been prepared primarily by NSCC. The by its wholly owned subsidiaries, parent IV. Solicitation of Comments Commission is publishing this notice to corporations of which it is a wholly solicit comments on the proposed rule owned subsidiary, or affiliated Interested persons are invited to change from interested persons and to submit written data, views, and corporations that are wholly owned by grant accelerated approval. arguments concerning the foregoing, a common parent. A subscriber that including whether the proposed rule I. Self-Regulatory Organization’s wishes to aggregate its logons with those change is consistent with the Act. Statement of the Terms of Substance of of its affiliates in this manner will be Persons making written submissions the Proposed Rule Change required to provide supporting should file six copies thereof with the The proposed rule change consists of information about its corporate structure Secretary, Securities and Exchange to Nasdaq. Commission, 450 Fifth Street, NW., an enhancement to NSCC’s Insurance Processing Service (‘‘IPS’’) that will 2. Statutory Basis Washington DC 20549–0609. Copies of the submission, all subsequent provide information about insurance Nasdaq believes that the proposed amendments, all written statements products to distributors of those rule change is consistent with the with respect to the proposed rule products. The enhancement will allow provisions of section 15A of the Act,8 in change that are filed with the Insurance Carrier Members and Data general, and section 15A(b)(5) of the Commission, and all written Services Only Members of NSCC to Act,9 in particular, in that it provides for communications relating to the populate a series of databases the equitable allocation of reasonable proposed rule change between the maintained by NSCC (known dues, fees, and other charges among Commission and any person, other than collectively as the ‘‘Product members and issuers and other persons those that may be withheld from the Repository’’) with information related to using any facility or system which the public in accordance with the insurance products. NASD operates or controls. provisions of 5 U.S.C. 552, will be available for inspection and copying in II. Self-Regulatory Organization’s B. Self-Regulatory Organization’s the Commission’s Public Reference Statement of the Purpose of, and Statement on Burden on Competition Room. Copies of such filings will also be Statutory Basis for, the Proposed Rule available for inspection and copying at Change Nasdaq does not believe that the the principal office of the NASD. All In its filing with the Commission, proposed rule change will result in any submissions should refer to File No. NSCC included statements concerning burden on competition that is not SR–NASD–2003–47 and should be the purpose of and basis for the necessary or appropriate in furtherance submitted by May 2, 2003. of the purposes of the Act. proposed rule change and discussed any For the Commission, by the Division of comments it received on the proposed Market Regulation, pursuant to delegated rule change. The text of these statements 6 authority.13 Telephone conversation between John M. Yetter, may be examined at the places specified Assistant General Counsel, Nasdaq, and Hong-Anh Margaret H. McFarland, in Item IV below. NSCC has prepared Tran, Special Counsel, Division, Commission, on Deputy Secretary. April 1, 2003. summaries, set forth in sections (A), (B), [FR Doc. 03–8919 Filed 4–10–03; 8:45 am] 7 Nasdaq represents that a change to its Tools Plus and (C) below, of the most significant SDP pricing is not warranted at this time. See also BILLING CODE 8010–01–P aspects of such statements.2 Securities Exchange Act Release No. 46973 (December 9, 2002), 67 FR 77305 (December 17, 10 15 U.S.C. 78s(b)(3)(A)(ii). 2002) (File No. SR–NASD–2002–164). 11 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). 8 15 U.S.C. 78o–3. 12 See 15 U.S.C. 78(b)(3)(C). 2 The Commission has modified parts of these 9 15 U.S.C. 78o–3(b)(5). 13 17 CFR 200.30–3(a)(12). statements.
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(A) Self-Regulatory Organization’s (C) Self-Regulatory Organization’s electronically at the following e-mail Statement of the Purpose of, and Statement on Comments on the address: [email protected]. All Statutory Basis for, the Proposed Rule Proposed Rule Change Received From comment letters should refer to File No. Change Members, Participants, or Others SR–NSCC–2003–04. This file number No written comments relating to the should be included on the subject line The purpose of the proposed rule proposed rule change have been if e-mail is used. To help us process and filing is to create an enhancement to IPS solicited or received. NSCC will notify review comments more efficiently, that will provide information about the Commission of any written comments should be sent in hardcopy insurance products to distributors of comments received by NSCC. or by e-mail but not by both methods. those products. Insurance Carrier Copies of the submission, all subsequent Members and Data Services Only III. Date of Effectiveness of the amendments, all written statements Members of NSCC will populate the Proposed Rule Change and Timing for with respect to the proposed rule Product Repository databases with Commission Action change that are filed with the information related to insurance The Commission finds that the Commission, and all written products, and Members and Data proposed rule change is consistent with communications relating to the Services Only Members may access the the requirements of the Act and the proposed rule change between the Product Repository to obtain rules and regulations thereunder and Commission and any person, other than information about insurance products. particularly with the requirements of those that may be withheld from the section 17A(b)(3)(F).3 Section public in accordance with the The Product Repository will be a 17A(b)(3)(F) requires that the rules of a provisions of 5 U.S.C. 552, will be series of databases maintained by IPS clearing agency be designed to assure available for inspection and copying in that will contain information relating to the safeguarding of securities and funds the Commission’s Public Reference insurance products. Initially, the which are in the custody or control of Section, 450 Fifth Street NW., product repository will contain the clearing agency or for which it is Washington, DC 20549. Copies of such information relating to annuities and responsible. The Commission believes filing will also be available for thereafter to life insurance and other that the proposed rule change is inspection and copying at the principal long term care products. With respect to consistent with this requirement office of NSCC. All submissions should each contract of a particular Insurance because while providing a useful service refer to the File No. SR–NSCC–2003–04 Carrier Member or Data Services Only to its Insurance Processing Service, and should be submitted by May 2, Member, the Product Repository NSCC is not responsible for the 2003. completeness or accurateness of the databases will be populated only by that V. Conclusion Insurance Carrier Member or Data information of the database or in the Services Only Member. absence of NSCC’s gross negligence for On the basis of the foregoing, the any errors, omissions, or delays relating Commission finds that the proposed The Insurance Carrier Member or Data to the database. As a result, NSCC’s rule change is consistent with the Services Only Member that populates ability to safeguard securities and funds requirements of the Act and in the relevant database for a particular which are in its custody or control or for particular with the requirements of contract will be responsible for the which it is responsible will not be Section 17A of the Act and the rules and contents and for any necessary updates. affected by the offering of the Product regulations thereunder applicable. Such Insurance Carrier Member or Data Repository databases. It is therefore ordered, pursuant to Services Only Member will specify any NSCC has requested that the section 19(b)(2) of the Act, that the limitation with respect to access to such Commission approve this rule change proposed rule change (File No. SR– data. As with other IPS services, NSCC prior to the thirtieth day after the date NSCC–2003–04) be, and hereby is, will not be responsible for the of publication of notice of the filing approved. completeness or accuracy of any of the because the Product Repository will be For the Commission by the Division of information contained in the databases, available to NSCC’s members beginning Market Regulation, pursuant to delegated or for any errors, omissions, or delays on April 7, 2003. The Commission finds authority.4 which may occur relating to the good cause for approving the proposed Margaret H. McFarland, databases in the absence of gross rule change prior to the thirtieth day Deputy Secretary. after publication of notice because by so negligence on NSCC’s part. [FR Doc. 03–8920 Filed 4–10–03; 8:45 am] approving NSCC will be able to There will be no money settlement implement the enhancements in BILLING CODE 8010–01–P associated with the Product Repository. accordance with its systems NSCC believes that the proposed rule implementation schedule. SOCIAL SECURITY ADMINISTRATION change is consistent with the provisions IV. Solicitation of Comments of the Act and the rules and regulations Interested persons are invited to Privacy Act of 1974 as Amended; thereunder because it will provide submit written data, views, and Computer Matching Program (SSA/ information that may facilitate the arguments concerning the foregoing, Department of Labor (DOL))—Match prompt and accurate processing of including whether the proposed rule Number 1003 transactions. change is consistent with the Act. AGENCY: Social Security Administration (B) Self-Regulatory Organization’s Persons making written submissions (SSA). should file six copies thereof with the Statement on Burden on Competition ACTION: Notice of the renewal of an Secretary, Securities and Exchange existing computer matching program NSCC does not believe that the Commission, 450 Fifth Street NW., which is scheduled to expire on May 16, proposed rule change would have an Washington, DC 20549–0609. 2003. impact on or impose a burden on Comments may also be submitted competition. 3 15 U.S.C. 78q–1(b)(3)(F). 4 17 CFR 200.30–3(a)(12).
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SUMMARY: In accordance with the (5) Notify applicants and beneficiaries agencies, but no sooner than 40 days provisions of the Privacy Act, as that their records are subject to after notice of the matching program is amended, this notice announces the matching; and sent to Congress and the Office of renewal of an existing computer (6) Verify match findings before Management and Budget, or 30 days matching program that SSA is currently reducing, suspending, terminating or after publication of this notice in the conducting with DOL. denying an individual’s benefits or Federal Register, whichever date is DATES: SSA will file a report of the payments. later. The matching program will continue for 18 months from the subject matching program with the B. SSA Computer Matches Subject to the effective date and may be extended for Committee on Governmental Affairs of Privacy Act the Senate, the Committee on an additional 12 months thereafter, if Government Reform of the House of We have taken action to ensure that certain conditions are met. Representatives and the Office of all of SSA’s computer matching programs comply with the requirements [FR Doc. 03–8907 Filed 4–10–03; 8:45 am] Information and Regulatory Affairs, BILLING CODE 4191–02–P Office of Management and Budget of the Privacy Act, as amended. (OMB). The renewal of the matching Dated: April 4, 2003. program will be effective as indicated Martin H. Gerry, below. Deputy Commissioner for Disability and DEPARTMENT OF STATE Income Security Programs. ADDRESSES: Interested parties may comment on this notice by either telefax Notice of Computer Matching Program, [Public Notice 4335] to (410) 965–8582 or writing to the Social Security Administration (SSA) Associate Commissioner for Income With the Department of Labor (DOL) Culturally Significant Objects Imported Security Programs, 760 Altmeyer for Exhibition Determinations: Building, 6401 Security Boulevard, A. Participating Agencies ‘‘Kazimir Malevich: Suprematism’’ Baltimore, MD 21235–6401. All SSA and DOL. AGENCY: Department of State. comments received will be available for B. Purpose of the Matching Program ACTION: public inspection at this address. Notice. The purpose of this matching program FOR FURTHER INFORMATION CONTACT: The SUMMARY: Notice is hereby given of the is to establish the conditions, safeguards Associate Commissioner for Income following determinations: Pursuant to and procedures for DOL’s disclosure of Security Programs as shown above. the authority vested in me by the Act of Part C Black Lung (BL) benefit data to SUPPLEMENTARY INFORMATION: October 19, 1965 (79 Stat. 985; 22 U.S.C. SSA. SSA will use the match results to 2459), Executive Order 12047 of March verify that recipients of Part C BL A. General 27, 1978, the Foreign Affairs Reform and benefits are receiving the correct The Computer Matching and Privacy Restructuring Act of 1998 (112 Stat. amount of Social Security disability Protection Act of 1988 (Public Law 2681, et seq.; 22 U.S.C. 6501 note, et benefits, as required by the Social (Pub. L.) 100–503), amended the Privacy seq.), Delegation of Authority No. 234 of Security Act (the Act). Act (5 U.S.C. 552a) by describing the October 1, 1999 (64 FR 56014), and manner in which computer matching C. Authority for Conducting the Delegation of Authority No. 236 of involving Federal agencies could be Matching Program October 19, 1999 (64 FR 57920), as performed and adding certain Section 224(h)(1) of the Act (42 U.S.C. amended, I hereby determine that the protections for individuals applying for 424a(h)(1)). objects to be included in the exhibition, and receiving Federal benefits. Section ‘‘Kazimir Malevich: Suprematism,’’ 7201 of the Omnibus Budget D. Categories of Records and imported from abroad for temporary Reconciliation Act of 1990 (Pub. L. 101– Individuals Covered by the Matching exhibition within the United States, are 508) further amended the Privacy Act Program of cultural significance. These objects regarding protections for such DOL will provide SSA with an are imported pursuant to loan individuals. electronic or magnetic tape file agreements with foreign lenders. I also The Privacy Act, as amended, extracted from the Office of Workers’ determine that the exhibition or display regulates the use of computer matching Compensation Programs’ BL Benefits of the exhibit objects at the Solomon R. by Federal agencies when records in a Payments File. The extracted file will Guggenheim Museum, New York, New system of records are matched with contain information about all live York, from on or about May 22, 2003, other Federal, State, or local government miners, under age 65, entitled to Part C to on or about September 7, 2003, the records. It requires Federal agencies BL benefits. Each record on the DOL file Menil Collection, Houston, Texas, from involved in computer matching will be matched with SSA’s Master on or about October 2, 2003, to on or programs to: Beneficiary Record (SSA/OEEAS 60– about January 11, 2004, and at possible (1) Negotiate written agreements with 0090), to identify individuals additional venues yet to be determined, the other agency or agencies potentially subject to benefit reductions is in the national interest. Public Notice participating in the matching programs; due to their receipt of Part C BL of these determinations is ordered to be (2) Obtain the approval of the benefits, under section 224 of the Act published in the Federal Register. matching agreement by the Data (42 U.S.C. 424a). FOR FURTHER INFORMATION CONTACT: For Integrity Boards (DIB) of the further information, including a list of participating Federal agencies; E. Inclusive Dates of the Matching exhibit objects, contact Paul W. (3) Publish notice of the computer Program Manning, Attorney-Adviser, Office of matching program in the Federal The matching program will become the Legal Adviser, 202/619–5997, and Register; effective upon signing of the agreement the address is United States Department (4) Furnish detailed reports about by both parties to the agreement and of State, SA–44, Room 700, 301 4th matching programs to Congress and approval of the agreement by the Data Street, SW., Washington, DC 20547– OMB; Integrity Boards of the respective 0001.
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Dated: April 4, 2003. SUMMARY: The Federal Transit The Baltimore Sun Patricia S. Harrison, Administration (FTA) and the Maryland The Afro-American Assistant Secretary for Educational and Transit Administration (MTA) are The Baltimore Times Cultural Affairs, Department of State. issuing this notice to advise agencies The Morgan University Spokesman [FR Doc. 03–9049 Filed 4–10–03; 8:45 am] and the public that, in accordance with The Johns Hopkins Gazette The Northeast Booster BILLING CODE 4710–08–P the National Environmental Policy Act, the FTA and the MTA will prepare a Scoping material will be available at the Draft Environmental Impact Statement meetings and may also be obtained in (DEIS) to assess the impacts of potential advance of the meetings by contacting DEPARTMENT OF TRANSPORTATION transit alternatives in the Green Line Mr. Lorenzo Bryant, Project Manager, at Office of the Secretary Corridor. This corridor extends from the address below. Scoping material Johns Hopkins Medical Center north to will also be made available on the Aviation Proceedings, Agreements Morgan State University. The Green project Web site accessed through http:/ Filed the Week Ending April 4, 2003 Line Corridor Transit Project would /www.mtamaryland.com. Oral and serve older dense city neighborhoods in written comments may be given at the The following Agreements were filed northeast Baltimore and would provide scoping meetings; a stenographer will be with the Department of Transportation convenient and efficient access between available to record all comments. under the provisions of 49 U.S.C. 412 Johns Hopkins Medical Center, the Information will be made available in and 414. Answers may be filed within proposed East Baltimore Biotechnology both English and Spanish. 21 days after the filing of the Park, Morgan State University, and the ADDRESSES: Written comments on the application. Baltimore City Central Business District, project scope should be sent by August Docket Number: OST–2003–14869. as well as improved connectivity with 1, 2003 to Mr. Lorenzo Bryant, Attn: Date Filed: April 3, 2003. other transit services in Baltimore and Green Line, Maryland Transit Parties: Members of the International support economic development. The 23- Administration, William Donald Air Transport Association. member Advisory Committee to MTA Schaefer Tower, 6 St. Paul Street, Subject: PTC12 NMS–AFR 0161 dated that developed the Baltimore Region Baltimore, MD 21202–1614, or via e- 14 March 2002 (Mail Vote 279), Mid Rail System Plan identified growing mail to [email protected]. Mr. Atlantic-Africa Resolutions r1–r10, traffic congestion in the Baltimore Bryant may also be reached by calling PTC12 NMS–AFR 0162 dated 14 March region, the need for improved access to (410) 767–3754. 2003 (Mail Vote 280), South Atlantic- jobs, improving air quality and the FOR FURTHER INFORMATION CONTACT: If Africa Resolutions r11–r23, Minutes— desire to keep the Baltimore region you wish to be placed on the mailing PTC12 NMS–AFR 0163 dated 21 March competitive as important concerns for list to receive further information as the 2003, Tables—PTC12 NMS–AFR Fares the Baltimore Region. The Green Line study develops, contact Mr. Lorenzo 0079 dated 21 March 2003, PTC12 Corridor Transit Project was identified Bryant, Project Manager, or Mr. Jamie NMS–AFR Fares 0080 dated 21 March as a priority project for addressing these Kendrick, Project Outreach Manager, at 2003, Intended effective date: 1 May issues. The project is also included in the above address or 2003. the Baltimore Region Constrained Long- [email protected]. For further Docket Number: OST–2003–14870. Range Plan. information you may also contact Ms. Date Filed: April 3, 2003. The purpose of the Green Line DEIS Gail McFadden-Roberts, AICP, Parties: Members of the International is to examine the engineering feasibility, Community Planner, Office of Planning Air Transport Association. potential benefits, costs, and social, and Program Development, Federal Subject: PTC2 EUR 510 dated 4 April cultural, economic, built and natural Transit Administration, Region III, 2003, Mail Vote 290—Resolution 010d, environmental impacts of feasible phone: (215) 656–7100, fax: (215) 656– TC2 Within Europe Special Passenger alternatives in the corridor to improve 7260. Amending Resolution, from Poland to transit mobility in the Baltimore SUPPLEMENTARY INFORMATION: Europe, Intended effective date: 11 metropolitan area. The DEIS will April 2003. examine and evaluate rail, bus rapid I. Scoping Dorothy Y. Beard, transit (BRT), transportation systems The FTA and MTA invite all Chief, Docket Operations & Media management/transportation demand interested individuals and Management, Federal Register Liaison. management (TSM/TDM), and no-build organizations, and federal, state, and [FR Doc. 03–8950 Filed 4–10–03; 8:45 am] alternatives. Tunnel, surface and/or local agencies to provide comments on aerial alignment options will be BILLING CODE 4910–62–P the scope of the study. During the considered for rail and BRT alternatives. scoping process, comments should Scoping Meetings: Public scoping focus on identifying specific social, DEPARTMENT OF TRANSPORTATION meetings for the Green Line Corridor cultural, economic, or natural Transit Project DEIS will be held at environmental issues to be evaluated Federal Transit Administration times and locations to be held on: and suggest alternatives, which may be June 12—Dunbar High School, 1400 less costly or have less environmental Draft Environmental Impact Statement Orleans Street—3:30 p.m.–8 p.m. impacts, while achieving similar for the Green Line Corridor Transit June 14—Good Samaritan Hospital, transportation objectives. The objectives Project; Baltimore, MD 5601 Loch Raven Boulevard—10 of the Green Line Corridor Transit a.m.–2 p.m. AGENCY: Federal Transit Administration Project are to: connect northeastern (FTA), U.S. Department of Additional meeting dates, times and Baltimore to Johns Hopkins Medical Transportation. locations will be announced on the Center, downtown Baltimore, the major project Web site accessed through growth area of Owings Mills; serve ACTION: Notice of intent to prepare a http://www.mtamaryland.com, and will Morgan State University; provide Draft Environmental Impact Statement be published in the following convenient service to existing (DEIS). newspapers: neighborhoods; provide connections to
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Baltimore’s existing Metro, Light Rail Green Line Corridor Project DEIS is to for each of the build alternative and MARC lines; provide access to the examine in further detail potential alignments. Multi-modal alternatives proposed East Baltimore Biotechnology solutions for addressing mobility issues will also be explored. Park; support Smart Growth by serving in the Baltimore region. The focus of the IV. Probable Effects established city neighborhoods; improve DEIS will be to identify a preferred transportation accessibility to existing alternative to improve mobility within The FTA and MTA will evaluate all employment centers in downtown the region while being sensitive to the potential changes to the social, cultural, Baltimore; and provide a viable transit socioeconomic, cultural and natural economic, built and natural alternative to single occupancy vehicle environmental considerations on a local environment, including land acquisition (SOV) travel in the Baltimore region, and regional basis. and displacements; land use, zoning, which is a non-attainment area under The following existing and forecasted economic development; parklands; the Clean Air Act. Comments should reasons dictate the need for a community disruption; aesthetics; focus on the issues and alternatives for transportation investment in the historical and archaeological resources; analysis and not on a preference for a Baltimore Metropolitan region: traffic and parking; air quality; noise particular alternative. • Growth and development in the and vibration; water quality; wetlands; Following public scoping meetings, region continue at high rates. Smart environmentally sensitive areas; public outreach activities will include Growth principles require that the endangered species; energy meetings with Local Working Groups region’s economic centers such as requirements and potential for established for the study and comprised Baltimore need to be stimulated, remain conservation; hazardous waste; of community leaders; public meetings vibrant and continue to grow into the environmental justice; safety and and hearings; distribution of a study future; the Green Line extension would security; and secondary and cumulative newsletter; project website and support regional economic centers by impacts. Key areas of environmental electronic mail newsletters; and other providing convenient access to these concern include areas of potential new outreach methods and forums. The areas. construction (e.g. structures, new transit purpose of the public outreach activities • Increased travel demand is causing stations, new track, etc.). Impacts will during the scoping process is to inform traffic congestion, unsafe roadway be evaluated for both the short-term the public of the proposed study process conditions and longer travel delays; the construction period and for the long- and to solicit input from the community Green Line would provide term period of operation associated with on the proposed study. Every effort will transportation alternatives to those who each alternative. Measures to avoid, be made to ensure that the widest currently drive, and would help free minimize and mitigate any significant possible range of public participants road space for those who are auto- adverse impacts will be identified. have the opportunity to attend general dependent, making roadways safer and V. Federal Transit Administration public meetings held by MTA to solicit less prone to delays. (FTA) Procedures input on the Green Line Corridor • Many residents in the region lack Transit Project DEIS. Attendance will be convenient and accessible transit The Green Line Corridor Transit sought through mailings, notices, service to job opportunities; the Green Project DEIS will be prepared in advertisements, press releases and other Line will provide fast efficient transit accordance with section 102(2)(C) of the outreach efforts. service to these areas and provide National Environmental Policy Act residents with enhanced opportunities (NEPA) of 1969 (as amended) and as II. Description of Primary Study Area for employment and mobility through implemented by the Council on and Transportation Needs increased connectivity with existing Environmental Quality (CEQ) The Green Line study area extends transit services. regulations (40 CFR parts 1500 ‘‘ 1508) approximately 4 miles in a northeast • Air quality is a serious problem in and Federal Transit Administration direction within Baltimore City. The the Baltimore region; the Green Line (FTA) regulations (23 CFR part 771), study area begins at the existing Corridor Transit Project can help the and the FTA Statewide Planning/ terminus of the Baltimore Metro line at region meet federal health standards for Metropolitan Planning regulations (23 Johns Hopkins Medical Center and clean air by reducing single occupancy CFR part 450). These studies will also extends north and east to Morgan State vehicle use. comply with the requirements of the University campus. The southern National Historic Preservation Act of portion of the study area consists III. Alternatives 1966, as amended, section 4(f) of the primarily of dense residential and The alternatives proposed for 1966 U.S. Department of Transportation institutional land use, while the evaluation include: a no-build Act, the 1990 Clean Air Act northern portion consists primarily of alternative, which includes the current Amendments, the Executive Order lower-density residential areas and network plus all ongoing, programmed, 12898 on Environmental Justice, and institutional use. and committed projects listed in the other applicable rules, regulations, and The Green Line Corridor Transit Transportation Improvement Program guidance documents. In addition, MTA Project would provide a connection (TIP for the years 2002–2006); a TSM/ will seek section 5309 New Starts between communities in northeast TDM alternative, which would include funding for the project, and will be Baltimore City and western Baltimore improving existing transit services such subject to the FTA New Starts regulation County and would provide convenient as additional bus service and routes; (49 CFR part 611). New Starts regulation and efficient access to major BRT alternatives; and rail alternatives. requires the submission of certain employment centers in downtown and The no-build alternative will provide a specific information to FTA to support northeast Baltimore at Johns Hopkins basis for comparison with the TSM/ a request to initiate preliminary Medical Center, the proposed East TDM and build alternatives. engineering, which is normally done in Baltimore Biotechnology Park and Each build alternative will explore the conjunction with the NEPA process. Morgan State University. It would construction of new transportation Upon completion, the DEIS will be support the redevelopment and infrastructure, such as tracks, stations, available for both public and agency revitalization efforts in east and and maintenance yards. Tunnel, surface review and comment. Public hearings northeast Baltimore. The purpose of the and/or aerial options will be developed will be held within the study area.
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Based on the DEIS and the public and environmental analysis, planning and stenographer will be available at the agency comments received, a locally design studies’’ for the project, based on meetings to record comments. preferred alternative will be selected an assessment that this project will best Information will be made available in that will be further detailed in the Final provide an east-west link to jobs, both English and Spanish. EIS. tourism sites and the University of ADDRESSES: Written comments on the Issued on: April 8, 2003. Maryland in the central business project scope should be sent by August Herman C. Shipman, district; provide a link to the 1, 2003 to Mr. Lorenzo Bryant, Attn: Red employment center with 20,000 jobs in Acting Regional Administrator, Federal Line, Maryland Transit Administration, Transit Administration TRO III. the Social Security/Woodlawn area; William Donald Schaefer Tower, 6 St. provide improved transit service to East [FR Doc. 03–8939 Filed 4–10–03; 8:45 am] Paul Street, Baltimore, MD 21202–1614, and West Baltimore communities; and BILLING CODE 4910–57–P or via e-mail to provide connectivity to the existing bus, [email protected]. Mr. Bryant MARC commuter and Metro rail lines in may also be reached by calling (410) DEPARTMENT OF TRANSPORTATION Baltimore. The project is also included 767–3754. in the Baltimore Region Constrained Federal Transit Administration Long-Range Transportation Plan. FOR FURTHER INFORMATION CONTACT: If The purpose of the Red Line Corridor you wish to be placed on the mailing Draft Environmental Impact Statement Transit Project DEIS is to examine the list to receive further information as the for the Red Line Corridor Transit engineering feasibility, potential study develops, contact Mr. Lorenzo Project; Baltimore, MD benefits, costs, and social, cultural, Bryant, Project Manager, or Mr. Jamie economic, built and natural Kendrick, Public Outreach Manager, at AGENCIES: Federal Transit environmental impacts of feasible the above address or Administration (FTA), U.S Department alternatives in the corridor that will [email protected]. For further of Transportation. improve transit mobility in the information you may also contact Ms. ACTION: Notice of intent to prepare a Baltimore metropolitan area. The DEIS Gail McFadden-Roberts, AICP, Draft Environmental Impact Statement will examine and evaluate rail, bus Community Planner, Office of Planning (DEIS). rapid transit (BRT), transportation and Program Development, Federal Transit Administration, Region III, SUMMARY: The Federal Transit systems management and transportation phone: (215) 656–7100, fax: (215) 656– Administration (FTA) and the Maryland demand management (TSM/TDM) 7260. Transit Administration (MTA) are strategies, and a no-build alternative. issuing this notice to advise agencies Tunnel, surface and/or aerial SUPPLEMENTARY INFORMATION: construction options will be considered and the public that, in accordance with I. Scoping the National Environmental Policy Act, for rail and BRT alternatives. the FTA and the MTA will prepare a Scoping Meetings: Public scoping The FTA and MTA invite all Draft Environmental Impact Statement meetings for the Red Line Corridor interested individuals and (DEIS) to assess the impacts of potential Transit Project DEIS will be held on: organizations, and Federal, State, and transit alternatives in the Red Line June 5—Rosemont Tower, 740 Poplar local agencies to provide comments on Corridor. This corridor extends from the Grove Street—4 p.m.–8 p.m. the scope of the study. During the Social Security complex in Baltimore June 7—Woodlawn Community scoping process, comments should County through the Baltimore City Center, 2120 Gwynn Oak Avenue—10 focus on identifying specific social, Central Business District (CBD) to a.m.–2 p.m. cultural, economic, or natural Patterson Park in Baltimore, MD. The Additional meeting dates, times and environmental issues to be evaluated Red Line Corridor Transit Project would locations will be announced on the and suggest alternatives, which may be connect eastern and western project web-site accessed through less costly or have less environmental communities of Baltimore City and http://www.mtamaryland.com, and impacts, while achieving the similar Baltimore County, providing the first these details will be published in the transportation objectives. The objectives east-west fixed rail or bus rapid transit following newspapers: of the Red Line Corridor Transit Project connection in Baltimore, and would The Daily Record are: to provide the first east-west transit provide convenient and efficient access The Baltimore Sun connection in the Baltimore region; to to major employment centers in The Catonsville Times connect communities in eastern and downtown and in Woodlawn. Growing The Baltimore Times western Baltimore City and County with traffic congestion in the Baltimore The Afro-American Baltimore’s existing bus, Metro, Light region has been identified, particularly Howard County Times Rail and MARC lines; to provide more in the western quadrant of Baltimore East Baltimore Guide efficient travel times for people on one City and Baltimore County and there is El Tiempo of the most heavily traveled corridors in an intent to improve access to jobs and El Mesejeros the region and which is presently improve air quality. Significant Baltimore Business Journal subject to increasing traffic congestion; development and revitalization efforts Scoping material will be available at the to improve transportation accessibility are also underway in the corridor that meetings and may also be obtained in to existing employment centers in will require additional transportation advance of the meetings by contacting downtown Baltimore and Woodlawn as access. Mr. Lorenzo Bryant, Project Manager, at well as emerging redevelopment areas A 23-member Advisory Committee to the address below. Scoping material in Inner Harbor East, Canton, West MTA developed the Baltimore Region will also be made available on the Baltimore, and at University Center; and Rail System Plan and identified a transit project web-site accessed through to provide a viable transit alternative to project in the Red Line Corridor as a http://www.mtamaryland.com. Oral and single occupancy vehicle (SOV) travel priority project for implementation. The written comments may be given at the in the Baltimore region, which is a non- Advisory Committee recommended scoping meetings or comments may be attainment area under the Clear Air Act. ‘‘that the MTA immediately begin sent to the address below. A Comments should focus on the issues
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and alternatives for analysis and not on cultural and natural environmental alignments. Multi-modal alternatives a preference for a particular alternative. considerations on a local and regional will also be explored. Following the public scoping process, basis. public outreach activities will include: The following existing and expected IV. Probable Effects meetings with Local Working Groups future conditions dictate the need for a The FTA and MTA will evaluate all established for the study and comprised transit investment in the Baltimore potential changes to the social, cultural, of community leaders; public meetings Metropolitan region: economic, built and natural and hearings; distribution of a study • While growth and development in environment, including land acquisition newsletter; project Web site and the region continue at high rates, and displacements; land use, zoning, electronic mail newsletters; and use of mobility and access for commuters to economic development; parklands; other outreach methods and forums. transit options within the region has not community disruption; aesthetics; The purpose of the public outreach grown to the same extent; the Red Line historical and archaeological resources; activities during the Scoping process is transit project would help to improve traffic and parking; air quality; noise to inform the public of the proposed current travel and access conditions and and vibration; water quality; wetlands; study process and to solicit input from anticipate future demands; environmentally sensitive areas; the community on the proposed study. • Increased travel is causing endangered species; energy Every effort will be made to ensure that congestion and the Red Line transit requirements and potential for the widest possible range of public project would give travelers a real conservation; hazardous waste; participants have the opportunity to choice in how to get from place to place environmental justice; safety and attend general public meetings held by in the region while helping to free road security; and secondary and cumulative MTA to solicit input on the Red Line space for those who chose to drive or impacts. Key areas of environmental Corridor Transit Project DEIS. who must drive; concern include areas of potential new Attendance will be sought through • Delay affects all transit users, but construction (e.g. structures, new transit mailings, notices, advertisements, press the time required to complete commutes stations, new track, etc.). Impacts will releases, and other outreach activities. by bus or rail continue to increase be evaluated for both the short-term substantially; the Red Line would give construction period and for the long- II. Description of Primary Study Area the region a needed east-west transit term period of operation associated with and Transportation Needs link that would offer new ridership and each alternative. Measures to avoid, The Red Line Corridor Transit Project provide connectivity with existing bus, minimize and mitigate any significant area extends approximately 10.5 miles heavy rail and light rail service, which adverse impacts will be identified. in an east-west direction within would enhance the service and V. FTA Procedures Baltimore City and Baltimore County. ridership of existing facilities; The western-most terminus of the study • The Baltimore Region is struggling The Red Line Corridor Transit Project area is located at the Center of Medical/ to meet federal health standards for air DEIS will be prepared in accordance Medicaid Services approximately 2 pollution. New development oriented to with section 102(2)(C) of the National miles west of I–695 (Baltimore Beltway) a new transit system can help the region Environmental Policy Act (NEPA) of near the Social Security Complex in meet both its air quality and its 1969 (as amended) and as implemented Baltimore County and extends east economic development goals; and by the Council on Environmental through the Baltimore City Central • Many residents in the region lack Quality (CEQ) regulations (40 CFR parts Business District (CBD), ending at its transit service and any nearby bus 1500–1508) and Federal Transit eastern-most terminus near Patterson service is often inconvenient, limited Administration (FTA) regulations (23 Park. Much of the study area is and slow due to traffic congestion. The CFR part 771), and the FTA Statewide intensely developed. The western Red Line transit project would provide Planning/Metropolitan Planning portion of the study area consists a feasible mode of transport for regulations (23 CFR part 450). These primarily of residential land use while commuters while improving the studies will also comply with the the CBD consists primarily of efficiency and effectiveness of the requirements of the National Historic commercial and office space with current transit services. Preservation Act of 1966, as amended, scattered high-density residential section 4(f) of the 1966 U.S. Department development. The eastern portion of the III. Alternatives of Transportation Act, the 1990 Clean study area consists of commercial land The alternatives proposed for Air Act Amendments, the Executive use and residential development. evaluation include: a no-build Order 12898 on Environmental Justice, The Red Line Corridor Transit Project alternative, which includes the current and other applicable rules, regulations, would provide a connection for eastern network plus all ongoing and committed and guidance documents. In addition, if and western communities of Baltimore projects listed in the Transportation MTA seeks section 5309 New Starts City and Baltimore County and would Improvement Program (TIP for the years funding for the project, MTA will be provide convenient and efficient access 2002–2006); a TSM/TDM alternative, subject to the FTA New Starts regulation to major employment centers in which would include improving (49 CFR part 611). New Starts regulation downtown and in Woodlawn, thus existing transit services such as requires the submission of certain supporting redevelopment and additional bus service and routes; and specific information to FTA to support neighborhood revitalization efforts in build alternatives which include rail a request to initiate preliminary Baltimore City and Baltimore County. and BRT. The no-build alternative will engineering, which is normally done in The purpose of the Red Line Corridor provide a basis for comparison with the conjunction with the NEPA process. Transit Project DEIS is to examine in TSM/TDM and build alternatives. Upon completion, the DEIS will be further detail potential solutions for Each build alternative will explore the available for both public and agency addressing mobility issues in the construction of new transportation review and comment. Public hearings Baltimore region. The focus of the DEIS infrastructure such as tracks, stations, will be held within the study area. will be to identify a preferred alternative and maintenance yards. Tunnel, surface Based on the DEIS and the public and to improve mobility in the region while and/or aerial options will be developed agency comments received, a locally being sensitive to the socio-economic, for each of the build alternative preferred alternative will be selected
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that will be further detailed in the Final penetration tests, retention system tests located in Paramount, California tested EIS. and labeling. four NexL model 02 helmets to the Issued on: April 8, 2003. In an impact attenuation test pursuant performance requirements of FMVSS to S7.1 of 49 CFR 571.218, a guided free Herman C. Shipman, No. 218. Subsequently, on July 29, 2002, fall anvil impacts the helmet at SGS U.S. Testing Company, Inc. (UST), Acting Regional Administrator, Federal specified locations. The height and Transit Administration, TRO III. located in Fairfield, New Jersey, tested speed of the guided free fall anvil are set four other NexL model 02 helmets. [FR Doc. 03–8940 Filed 4–10–03; 8:45 am] forth in the Standard. To pass, all of the Again, on February 28, 2003, HPR BILLING CODE 4910–57–P following requirements must be met: (a) conducted more tests on NexL model 02 Peak accelerations must not exceed helmets. Each series of test results 400g; (b) accelerations in excess of 200g DEPARTMENT OF TRANSPORTATION indicated failures of NexL’s model 02 must not exceed a cumulative duration helmets to comply with many of the National Highway Traffic Safety of 2.0 milliseconds; and (c) requirements set forth in FMVSS No. Administration accelerations in excess of 150g must not 218. exceed a cumulative duration of 4.0 Following initial test failures, OVSC milliseconds. [Docket No. NHTSA 2003–14880] opened an investigation into the In a penetration test pursuant to S7.2, compliance of the model 02 helmets Initial Decision That Certain NexL a guided free fall test striker impacts the with FMVSS No. 218 (CI–218–020612). Sports Products Motorcycle Helmets outer surface of the complete helmet. To As part of that investigation, OVSC sent Fail To Comply With Federal Motor pass, the metal striker must not come an Information Request (IR) letter to Vehicle Safety Standard 218; Public into contact with the surface of the NexL in which it requested information Proceeding Scheduled To Hear specified test headform inside the concerning the number of model 02 Arguments and To Determine helmet. helmets manufactured by NexL, all tests A retention system test, in accordance Adequacy of Remedy by NexL Sports performed by NexL to support its with S7.3, addresses the retention Products certification that the model 02 helmets system of a helmet on a DOT headform met all applicable FMVSS, consumer by adding specified force to the AGENCY: National Highway Traffic complaints, and any engineering retention system. The retention system Safety Administration (NHTSA), DOT. analysis regarding the test failures or its components cannot separate or the ACTION: Notice of public meeting. identified by OVSC. NexL responded to test device move more than 1 inch (2.5 that IR on September 4, 2002. Among SUMMARY: NHTSA will hold a public cm) when measured between other things, NexL asserted that the meeting, beginning at 10 a.m. on May preliminary and test load positions. results of tests conducted by 14, 2003 regarding its Initial Decision For labeling purposes, S5.6.1 requires Sacramento Test Laboratory (STL), that NexL Sports Products (NexL) that each helmet be permanently and dated August 23, 2002, demonstrated ‘‘Beanie DOT Motorcycle Helmets’’ legibly labeled with the manufacturer’s that the model 02 helmets comply with (model 02) fail to comply with Federal identification and a label that the FMVSS No. 218. However, contrary to Motor Vehicle Safety Standard (FMVSS) helmet meets all applicable FMVSS. NexL’s assertion, the STL tests also No. 218, Motorcycle Helmets. At the The label must also include specific indicate numerous failures to meet the same time, NHTSA will conduct a language that is set forth in S5.6. performance requirements of the hearing to determine if NexL’s remedy In 2000, NexL began manufacturing standard. for the noncompliance of its model 01 and selling model 01 motorcycle OVSC’s Report of Investigation, which helmets with FMVSS No. 218 was helmets. NHTSA’s Office of Vehicle contains a full description of the adequate. Safety Compliance (OVSC) tested several model 01 helmets on May 18, compliance investigation, is attached as FOR FURTHER INFORMATION CONTACT: 2001. Those tests indicated numerous an Appendix to this notice. The Andrew J. DiMarsico, Office of Chief apparent failures to comply with several complete public file for the Counsel, National Highway Traffic requirements of FMVSS No. 218. NexL investigation is available at Technical Safety Administration, 400 Seventh subsequently advised NHTSA in a Information Services, Room 5111, 400 Street, SW., Washington, DC 20590; Noncompliance Information Report, Seventh Street, SW., Washington, DC (202) 366–5263. NHTSA’s Initial dated March 8, 2002, of its decision that 20590; Telephone: 202–366–2588. Decision, and the information on which the model 01 helmets did not comply Based upon all of the available it is based, is available at NHTSA’s with FMVSS No. 218. NexL therefore information, NHTSA’s Associate Technical Information Services, Room conducted a recall campaign (NHTSA Administrator for Enforcement has 5111, 400 Seventh Street, SW., No. 02E–008) in which its designated made an Initial Decision, pursuant to 49 Washington, DC 20590;Telephone: 202– remedy for the noncompliance was to U.S.C. 30118(a) and 49 CFR 554.10, that 366–2588. When visiting Technical replace each model 01 helmet with a NexL model 02 motorcycle helmets fail Information Services or contacting it via NexL model 02 helmet. to comply with FMVSS No. 218. the telephone, refer to Investigation File The model 02 motorcycle helmet is a Pursuant to 49 U.S.C. 30118(b)(1) and CI–218–020612. redesigned version of the recalled model 49 CFR 554.10(b), NHTSA will conduct SUPPLEMENTARY INFORMATION: Pursuant 01 helmet. In addition to being NexL’s a public meeting, beginning at 10 a.m. to 49 U.S.C. 30118(a), NHTSA’s designated remedy for the earlier on May 14, 2003 in Room 6332, Associate Administrator for noncompliance, model 02 helmets have Department of Transportation Building, Enforcement made an Initial Decision been sold to the public. 400 Seventh Street, SW., Washington, that NexL model 02 motorcycle helmets As part of its annual compliance DC, at which time the manufacturer and do not comply with the requirements of testing program, OVSC conducted all other interested persons will be Federal Motor Vehicle Safety Standard compliance tests of NexL model 02 afforded an opportunity to present (FMVSS) No. 218, Motorcycle Helmets, helmets at two independent test information, views, and arguments on 49 CFR 571.218. These requirements laboratories. On June 12, 2002, Head the issues of whether NexL’s model 02 include: Impact attenuation tests, Protection Research Laboratory (HPR) helmets covered by NHTSA’s Initial
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Decision fail to comply with FMVSS DEPARTMENT OF TRANSPORTATION conditions imposed in Norfolk and No. 218. Western Ry. Co.—Trackage Rights—BN, Surface Transportation Board In addition, in view of the fact that 354 I.C.C. 605 (1978), as modified in the model 02 helmet was the remedy [STB Finance Docket No. 34177 (Sub–No. Mendocino Coast Ry., Inc.—Lease and designated by NexL to address the 1)] Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR noncompliance of its model 01 helmet Iowa, Chicago & Eastern Railroad 1180.2(d)(7). If it contains false or in Recall 02E–008, there is reason to Corporation—Trackage Rights misleading information, the exemption believe that this remedy is inadequate to Exemption—Commuter Rail Division of is void ab initio. Petitions to revoke the assure compliance with FMVSS No. Regional Transportation Authority of exemption under 49 U.S.C. 10502(d) 218, as required by 49 U.S.C. 30120(c). Northeast Illinois and Soo Line may be filed at any time. The filing of Therefore, in accordance with 49 U.S.C. Railroad Company a petition to revoke will not 30120(e) and 49 CFR 557.6 and 557.7, automatically stay the transaction. Soo Line Railroad Company, d/b/a NHTSA will conduct a public hearing to An original and 10 copies of all Canadian Pacific Railway (CPR), will decide whether that remedy was pleadings, referring to STB Finance agree to grant overhead trackage rights 1 adequate and whether to order NexL to Docket No. 34177 (Sub-No. 1), must be to Iowa, Chicago & Eastern Railroad provide a different remedy. Because of filed with the Surface Transportation Corporation (IC&E) 2 over: (1) A line of the similarity of the subject matter, this Board, 1925 K Street, NW., Washington, railroad owned by Metra, between hearing will be combined with the milepost 40.3, near Pingree Grove, IL, DC 20423–0001. In addition, a copy of public meeting on the Initial Decision. and the connection with Belt Railway each pleading must be served on Interested persons are invited to Company of Chicago (BRC) at milepost Thomas J. Litwiler, Fletcher & Sippel participate in this proceeding through 6.6, at Cragin Junction, Chicago, IL, a LLC, Two Prudential Plaza, Suite 3125, written and/or oral presentations. distance of approximately 33.7 miles;3 180 North Stetson Avenue, Chicago, IL 60601–6721. Persons wishing to make oral and (2) certain CPR-owned connecting Board decisions and notices are presentations must notify Tilda Proctor, track at Tower B–12 in Franklin Park, IL, as necessary to connect and available on our website at http:// National Highway Safety www.stb.dot.gov. Administration, Room 5321, 400 interchange with the Indiana Harbor Seventh Street, SW., Washington, DC Belt Railroad Company at that location. Decided: April 4, 2003. 20590, (202) 366–4759, or by fax at (202) The transaction was scheduled to be By the Board, David M. Konschnik, consummated on April 1, 2003, the Director, Office of Proceedings. 366–8065, before the close of business effective date of the exemption. Vernon A. Williams, on May 7, 2003. The notifications The purpose of the trackage rights is should specify the amount of time that Secretary. to allow IC&E to effectively and [FR Doc. 03–8843 Filed 4–10–03; 8:45 am] the presentation is expected to last. The efficiently interchange traffic in the agency will prepare a schedule of Chicago terminal on a permanent basis. BILLING CODE 4915–00–P presentations. Depending upon the As a condition to this exemption, any number of persons who wish to make employees affected by the trackage oral presentations, and the anticipated rights will be protected by the DEPARTMENT OF THE TREASURY length of those presentations, the agency Submission for OMB Review; 1 On March 25, 2003, IC&E concurrently filed a may add an additional day or days to Comment Request the meeting/hearing and may limit the motion for a protective order pursuant to 49 CFR 1104.14(b) for a draft Trackage Rights Agreement length of oral presentations. between IC&E and CPR. The draft Trackage Rights April 3, 2003. Persons who wish to file written Agreement was submitted under seal, as Exhibit 2 The Department of Treasury has to the notice of exemption. By decision served on submitted the following public comments should submit them to the April 4, 2003, the Board granted IC&E’s motion for same address, preferably no later than a protective order. information collection requirement(s) to the beginning of the meeting/hearing on In its motion, IC&E explains that, pursuant to a OMB for review and clearance under the separate contract between CPR and the Commuter Paperwork Reduction Act of 1995, Pub. May 14, 2003. However, the agency will Rail Division of the Regional Transportation accept written submissions until May L. 104–13. Copies of the submission(s) Authority of Northeast Illinois, d/b/a Metra (Metra), may be obtained by calling the Treasury 28, 2003. CPR has certain rights to admit a third party to use of the subject line owned by Metra. IC&E states that Bureau Clearance Officer listed. Authority: 49 U.S.C. 30118(a), (b), and 49 CPR is admitting it to the Metra line as such a third- Comments regarding this information U.S.C. 30120(c), (e); delegations of authority party user, and that the trackage rights agreement collection should be addressed to the at 49 CFR 1.50(a) and 49 CFR 501.8. is solely between CPR and IC&E. IC&E advises that CPR’s admittance of IC&E to the Metra line is with OMB reviewer listed and to the Issued on: April 7, 2003. the consent of Metra. Treasury Department Clearance Officer, Kenneth N. Weinstein, 2 IC&E is a Class II rail carrier operating Department of the Treasury, Room approximately 1400 miles of trackage in the states 11000, 1750 Pennsylvania Avenue, Associate Administrator for Enforcement. of Iowa, Illinois, Kansas, Missouri, Minnesota, and NW., Washington, DC 20220. [FR Doc. 03–8941 Filed 4–10–03; 8:45 am] Wisconsin. IC&E began rail operations on July 30, 2002, after acquiring the rail lines of I&M Rail Link, DATES: Written comments should be BILLING CODE 4910–59–P LLC. See Iowa, Chicago & Eastern Railroad received on or before May 12, 2003, to Corporation—Acquisition and Operation be assured of consideration. Exemption—Lines of I&M Rail Link, LLC, STB Finance Docket No. 34177 (STB served June 12, Internal Revenue Service (IRS) 2002, July 22, 2002, and Jan. 21, 2003). 3 The proposed Metra trackage rights permit IC&E OMB Number: 1545–0817. to connect and interchange with BRC at Cragin Regulation Project Number: EE–28–78 Junction (including the use of CPR’s Galewood Yard Final. at Cragin Junction in connection with movements to and from BRC), CPR at Bensenville Yard in Type of Review: Extension. Bensenville, IL, and Elgin, Joliet & Eastern Railway Title: Inspection of Applications for Company at Spaulding, IL. Tax Exemption and Applications for
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Determination Letters for Pension and education of employees with respect to Frequency of Response: On occasion. Other Plans. the plan. The credit is 50 percent of the Estimated Total Reporting Burden: Description: Internal Revenue Code qualified costs for the tax year, up to a 100,000 hours. (IRC) section 6104 requires applications maximum credit of $500 for the first tax Clearance Officer: Glenn Kirkland, for tax exempt status, annual reports of year and each of the two subsequent tax (202) 622–3428, Internal Revenue private foundations, and certain years. Service, Room 6411–03, 1111 portions of returns to be open for public Respondents: Business or other for- Constitution Avenue, NW., Washington, inspection. Some information may be profit. DC 20224. withheld from disclosure. IRS needs the Estimated Number of Respondents/ OMB Reviewer: Joseph F. Lackey, Jr., information to comply with requests for Recordkeepers: 100,000. (202) 395–7316, Office of Management public inspection of the above-named Estimated Burden Hours per and Budget, Room 10235, New documents. Respondent/Recordkeeper: Executive Office Building, Washington, Respondents: Business or other for- Recordkeeping—7 hr., 39 min. DC 20503. profit, individuals or households, not- Learning about the law or the form—53 Mary A. Able, for-profit institutions. min. Estimated Number of Respondents: Preparing and sending the form to the Departmental Reports, Management Officer. 42,370. IRS—1 hr., 3 min. [FR Doc. 03–8863 Filed 4–10–03; 8:45 am] Estimated Burden Hours per Frequency of Response: Annually. BILLING CODE 4830–01–P Respondent: 12 minutes. Estimated Total Reporting/ Frequency of Response: On occasion. Recordkeeping Burden: 960,000 hours. Estimated Total Reporting Burden: DEPARTMENT OF THE TREASURY OMB Number: 1545–1815. 8,538 hours. Form Number: IRS Form 5498–ESA. Submission for OMB Review; OMB Number: 1545–1809. Type of Review: Extension. Comment Request Form Number: IRS Form 8882. Title: Coverdell ESA Contribution Type of Review: Extension. Information. April 3, 2003. Title: Credit for Employer-Provided Description: Form 5498–ESA is used The Department of the Treasury has Child Care Facilities and Services. by trustees and issuers of Coverdell submitted the following public Description: Qualified employers use Education Savings accounts to report information collection requirement(s) to Form 8882 to request a credit for contributions made to these accounts to OMB for review and clearance under the employer-provided child care facilities beneficiaries. Paperwork Reduction Act of 1995, Pubic and services. Section 45F provides Respondents: Business or other for- Law 104–13. Copies of the credit based on costs incurred by an profit. submission(s) may be obtained by employer in providing child care Estimated Number of Respondents/ calling the Treasury Bureau Clearance facilities and resource and referral Recordkeepers: 10,000. Officer listed. Comments regarding this services. The credit is 25 percent of the Estimated Burden Hours per information collection should be qualified child care expenditures plus Respondent/Recordkeeper: 7 minutes. addressed to the OMB reviewer listed 10 percent of the qualified child care Frequency of Response: Annually. and to the Treasury Department resource and referral expenditures for Estimated Total Reporting/ Clearance Officer, Department of the the tax year, up to a maximum credit of Recordkeeping Burden: 18,000 hours. Treasury, Room 11000, 1750 $150,000 per tax year. OMB Number: 1545–1822. Pennsylvania Avenue, NW., Respondents: Business or other for- Revenue Procedure Number: Revenue Washington, DC 20220. profit, individuals or households. Procedure 2003–11. DATES: Written comments should be Estimated Number of Respondents/ Type of Review: Extension. received on or before May 12, 2003 to Recordkeepers: 1,000,000. Title: Offshore Voluntary Compliance be assured of consideration. Estimated Burden Hours per Initiative. Respondent/Recordkeeper: Internal Revenue Service (IRS) Description: Revenue Procedure Recordkeeping—8 hr., 7 min. 2003–11 describes the Offshore OMB Number: 1545–1233. Learning about the law or the form—42 Voluntary Compliance Initiative, which Regulation Project Number: IA–14–91 min. is directed at taxpayers that have under- Final. Preparing and sending the form to the reported their tax liability through Type of Review: Extension. IRS—51 min. financial arrangements outside the Title: Adjusted Current Earnings. Frequency of Response: Annually. United States that rely on the use of Description: This regulation affects Estimated Total Reporting/ credit, debit, or charge cards (offshore business and other for-profit Recordkeeping Burden: 9,680,000 hours. credit cards) or foreign banks, financial institutions. This information is OMB Number: 1545–1810. institutions, corporations, partnerships, required by the IRS to ensure the proper Form Number: IRS Form 8881. trusts, or other entities (offshore application of section 1.56(g)–1 of the Type of Review: Extension. financial arrangements). Taxpayers that regulation. It will be used to verify that Title: Credit for Small Employer participate in the initiative and provide taxpayers have properly elected the Pension Plan Startup Costs. the information and material that their benefits of section 1.56(g)–1 of the Description: Qualified small participation requires can avoid certain regulation. employers use Form 8881 to request a penalties. Respondents: Business or other for- credit for start up costs related to Respondents: Individuals or profit. eligible retirement plans. Form 8881 households, business or other for-profit, Estimated Number of Respondents: implements section 45E, which not-for-profit institutions. 1,000. provides a credit based on costs Estimated Number of Respondents: Estimated Burden Hours Per incurred by an employer in establishing 2,000. Respondent: 1 hour. or administering an eligible employer Estimated Burden Hours per Estimated Total Reporting/ plan or for the retirement-related Respondent: 50 hours. Recordkeeping Burden: 1,000 hours.
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OMB Number: 1545–1380. DEPARTMENT OF THE TREASURY committee’s deliberations and reports Regulation Project Number: IA–17–90 would be likely to lead to significant Final. Departmental Offices; Debt financial speculation in the securities Type of Review: Extension. Management Advisory Committee market. Thus, these meetings fall within Meeting Title: Reporting Requirements for the exemption covered by 5 U.S.C. Recipients of Points Paid on Residential Notice is hereby given, pursuant to 5 552b(c)(9)(A). The Office of Financial Markets is Mortgages. U.S.C. App. 2, 10(a)(2), that a meeting responsible for maintaining records of Description: To encourage compliance will be held at the U.S. Treasury debt management advisory committee with the tax laws relating to the Department, 15th and Pennsylvania meetings and for providing annual mortgage interest deduction, the Avenue, NW., Washington, DC, on April reports setting forth a summary of regulations require the reporting on 29, 2003, of the following debt committee activities and such other Form 1098 of points paid on residential management advisory committee: matters as may be informative to the mortgages. Only businesses that receive The Bond Market Association, Treasury public consistent with the policy of 5 mortgage interest in the course of a trade Borrowing Advisory Committee. U.S.C. 552b. The Designated Federal or business are affected by this The agenda for the meeting provides Officer or other responsible agency requirement. for a technical background briefing by official who may be contacted for Respondents: Business or other for- Treasury staff, followed by a charge by additional information is Tim profit. the Secretary of the Treasury or his Bitsberger, Deputy Assistant Secretary, Estimated Number of Respondents/ designate that the Committee discuss Federal Finance, at 202–622–2245. Recordkeepers: 37,644. particular issues, and a working session. Dated: April 7, 2003. Estimated Burden Hours per Following the working session, the Respondent/Recordkeeper: 7 hours, 31 Committee will present a written report Brian C. Roseboro, minutes. of its recommendations. Assistant Secretary, Financial Markets. The background briefing by Treasury Frequency of Response: Annually. [FR Doc. 03–8875 Filed 4–10–03; 8:45 am] staff will be held at 9 a.m. eastern time BILLING CODE 4810–25–M Estimated Total Reporting/ and will be open to the public. The Recordkeeping Burden: 283,056 hours. remaining sessions and the committee’s OMB Number: 1545–1431. reporting session will be closed to the DEPARTMENT OF THE TREASURY Regulation Project Number: IA–74–93 public, pursuant to 5 U.S.C. App. 2, Final. 10(d) and Pub. L. 103–202, 202(c)(1)(B) Internal Revenue Service Type of Review: Extension. (31 U.S.C. 3121 note). [REG–130477–00; REG–130481–00] Title: Substantiation Requirement for This notice shall constitute my Certain Contributions. determination, pursuant to the authority Proposed Collection; Comment Description: These regulations placed in heads of departments by 5 Request for Required Distributions provide that, for purposes of U.S.C. App. 2, 10(d) and vested in me From Retirement Plans substantiation for certain charitable by Treasury Department Order No. 101– 05, that the closed portions of the AGENCY: Internal Revenue Service (IRS), contributions, consideration does not Treasury. include de minimis goods or services. It meeting are concerned with discussions ACTION: Notice and request for also provides guidance on how of the issues presented to the Committee comments. taxpayers may satisfy the substantiation by the Secretary and recommendations of the Committee to the Secretary, requirement for contributions of $250 or SUMMARY: The Department of the pursuant to Pub. L. 103–202, more. Treasury, as part of its continuing effort 202(c)(1)(B). Thus, this information is Respondents: Business or other for- to reduce paperwork and respondent exempt from disclosure under that profit, Individuals or households, not- burden, invites the general public and provision and 5 U.S.C. 552b(c)(3)(B). In for-profit institutions. other Federal agencies to take this addition, the closed portions of the opportunity to comment on proposed Estimated Number of Respondents: meeting are concerned with information and/or continuing information 16,000. that is exempt from disclosure under 5 collections, as required by the Estimated Burden Hours per U.S.C. 552b(c)(9)(A). The public interest Paperwork Reduction Act of 1995, Pub. Respondent: 3 hours, 13 minutes. requires that such meetings be closed to L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Frequency of Response: On occasion. the public because the Treasury Currently, the IRS is soliciting Estimated Total Reporting Burden: Department requires frank and full comments concerning an existing final 51,500 hours. advice from representatives of the regulations, REG–130477–00; REG– Clearance Officer: Glenn Kirkland, financial community prior to making its 130481–00 (TD 8987), Required (202) 622–3428, Internal Revenue final decision on major financing Distributions From Retirement Plans Service, Room 6411–03, 1111 operations. Historically, this advice has (§ 1.403(b)–3). Constitution Avenue, NW., Washington, been offered by debt management DC 20224. advisory committees established by the DATES: Written comments should be received on or before June 10, 2003, to OMB Reviewer: Joseph F. Lackey, Jr., several major segments of the financial be assured of consideration. (202) 395–7316, Office of Management community. When so utilized, such a and Budget, Room 10235, New committee is recognized to be an ADDRESSES: Direct all written comments Executive Office Building, Washington, advisory committee under 5 U.S.C. App. to Glenn P. Kirkland, Internal Revenue DC 20503. 2, 3. Service, room 6411, 1111 Constitution Although the Treasury’s final Avenue, NW., Washington, DC 20224. Lois K. Holland, announcement of financing plans may FOR FURTHER INFORMATION CONTACT: Departmental Reports Management Officer. not reflect the recommendations Requests for additional information or [FR Doc. 03–8864 Filed 4–10–03; 8:45 am] provided in reports of the advisory copies of the regulations should be BILLING CODE 4830–01–P committee, premature disclosure of the directed to Carol Savage, (202) 622–
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3945, or through the internet or start-up costs and costs of operation, circumstances—ranging from Affluent ([email protected].), Internal maintenance, and purchase of services Families and Empty Nesters at the Revenue Service, room 6407, 1111 to provide information. higher end of the income scale, to the Constitution Avenue, NW., Washington, Approved: April 7, 2003. Stable Middle Class in the center, to Surviving Spouses, Struggling Young DC 20224. Glenn P. Kirkland, SUPPLEMENTARY INFORMATION: Families, and Unmarried Poor at the IRS Reports Clearance Officer. lower end of the income scale. The Title: Required Distributions From [FR Doc. 03–8961 Filed 4–10–03; 8:45 am] Retirement Plans. research also showed that Small BILLING CODE 4830–01–P OMB Number: 1545–0996. Business Owners are an important Regulation Number: REG–130477–00; element of the target audience, while Non-English speaking Taxpayers are not REG–130481–00. DEPARTMENT OF THE TREASURY Abstract: This regulations relates to as important as had been believed (with the required minimum distributions Internal Revenue Service the latter segment being no more from qualified plans, individual prevalent in the TAS target audience retirement plans, deferred compensation Proposed Collection; Comment than in the Total Taxpayer audience). plans under section 457, and section Request for IRS Taxpayer Service TAS is planning communications to the 403(b) annuity contracts, custodial Benchmark Survey, Focus Group and Underserveds, with a focus on four key accounts, and retirement income Telephone Interview segments of the Underserved accounts. audience—Surviving Spouses, AGENCY: Internal Revenue Service (IRS), Current Actions: There is no change to Struggling Young Families, Unmarried Treasury. this existing regulation. Poor, and Small Business Owners. It is Type of Review: Extension of a ACTION: Notice and request for necessary to conduct a marketing currently approved collection. comments. research effort to guide development of new communications and track their Affected Public: Not-for-profit SUMMARY: The Department of the impact, while continuing the tracking of institutions, and state, local, or tribal Treasury, as part of its continuing effort governments. the target audience that is a part of the to reduce paperwork and respondent overall research strategy of TAS. Estimated Number of Respondents: burden, invites the general public and 8,400. Current Actions: This is a new other Federal agencies to take this collection of information. Estimated Time Per Respondent: 1 opportunity to comment on proposed hour. Type of Review: New OMB Approval. and/or continuing information Affected Public: Individuals or Estimated Total Annual Burden collections, as required by the households. Hours: 8,400. Paperwork Reduction Act of 1995, Estimated Number of Respondents: The following paragraph applies to all Public Law 104–13 (44 U.S.C. 1,180. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Estimated Time Per Respondent: 5 by this notice: soliciting comments concerning IRS hrs., 26 min. An agency may not conduct or Taxpayer Advocate Service Benchmark Estimated Total Annual Burden sponsor, and a person is not required to Survey, Focus Group and Telephone Hours: 6,422. respond to, a collection of information Interview. The following paragraph applies to all unless the collection of information of the collections of information covered DATES: Written comments should be displays a valid OMB control number. by this notice: Books or records relating to a collection received on or before June 10, 2003, to An agency may not conduct or of information must be retained as long be assured of consideration. sponsor, and a person is not required to as their contents may become material ADDRESSES: Direct all written comments respond to, a collection of information in the administration of any internal to Glenn P. Kirkland, Internal Revenue unless the collection of information revenue law. Generally, tax returns and Service, room 6411, 1111 Constitution displays a valid OMB control number. tax return information are confidential, Avenue, NW., Washington, DC 20224. Books or records relating to a collection as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: of information must be retained as long Request for Comments: Comments Requests for additional information or as their contents may become material submitted in response to this notice will copies of information collection should in the administration of any internal be summarized and/or included in the be directed to Carol Savage, (202) 622– revenue law. Generally, tax returns and request for OMB approval. All 3945, or through the internet tax return information are confidential, comments will become a matter of ([email protected].), Internal as required by 26 U.S.C. 6103. public record. Comments are invited on: Revenue Service, room 6407, 1111 Request for Comments: Comments (a) Whether the collection of Constitution Avenue, NW., Washington, submitted in response to this notice will information is necessary for the proper DC 20224. be summarized and/or included in the performance of the functions of the SUPPLEMENTARY INFORMATION: request for OMB approval. All agency, including whether the Title: IRS Taxpayer Advocate comments will become a matter of information shall have practical utility; Benchmark Survey, Focus Group and public record. Comments are invited on: (b) the accuracy of the agency’s estimate Telephone Interview. (a) Whether the collection of of the burden of the collection of OMB Number: To be assigned later. information is necessary for the proper information; (c) ways to enhance the Abstract: In September 2002, the performance of the functions of the quality, utility, and clarity of the Taxpayer Advocate Service (TAS) agency, including whether the information to be collected; (d) ways to completed an extensive one-year information shall have practical utility; minimize the burden of the collection of research program that identified its (b) the accuracy of the agency’s estimate information on respondents, including target audience far more definitively. of the burden of the collection of through the use of automated collection The research program showed that the information; (c) ways to enhance the techniques or other forms of information actual target was much broader and quality, utility, and clarity of the technology; and (e) estimates of capital included a wide mix of different life information to be collected; (d) ways to
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minimize the burden of the collection of Current Actions: There are no changes ACTION: Notice and request for information on respondents, including being made to the forms at this time. comments. through the use of automated collection Type of Review: Extension of a techniques or other forms of information currently approved collection. SUMMARY: The Department of the technology; and (e) estimates of capital Affected Public: Business or other for- Treasury, as part of its continuing effort or start-up costs and costs of operation, profit organizations. to reduce paperwork and respondent burden, invites the general public and maintenance, and purchase of services Estimated Number of Responses: other Federal agencies to take this to provide information. 1,668,000. opportunity to comment on proposed Approved: April 7, 2003. Estimated Time Per Respondent: 3 and/or continuing information minutes. Glenn P. Kirkland, collections, as required by the IRS Reports Clearance Officer. Estimated Total Annual Burden Paperwork Reduction Act of 1995, [FR Doc. 03–8962 Filed 4–10–03; 8:45 am] Hours: 83,400. Public Law 104–13 (44 U.S.C. BILLING CODE 4830–01–P The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered soliciting comments concerning by this notice: Revenue Procedure 2003–33, Section DEPARTMENT OF THE TREASURY An agency may not conduct or 9100 Relief for 338 Election. sponsor, and a person is not required to DATES: Written comments should be Internal Revenue Service respond to, a collection of information received on or before June 10, 2003, to unless the collection of information Proposed Collection; Comment be assured of consideration. displays a valid OMB control number. Request for Forms 7018 and 7018–A Books or records relating to a collection ADDRESSES: Direct all written comments AGENCY: Internal Revenue Service (IRS), of information must be retained as long to Glenn P. Kirkland, Internal Revenue Treasury. as their contents may become material Service, room 6411, 1111 Constitution Avenue, NW., Washington, DC 20224. ACTION: Notice and request for in the administration of any internal comments. revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: tax return information are confidential, Requests for additional information or SUMMARY: The Department of the as required by 26 U.S.C. 6103. copies of the revenue procedure should Treasury, as part of its continuing effort Request for Comments: Comments be directed to Carol Savage, (202) 622– to reduce paperwork and respondent submitted in response to this notice will 3945, or through the internet burden, invites the general public and be summarized and/or included in the ([email protected].), Internal other Federal agencies to take this request for OMB approval. All Revenue Service, room 6407, 1111 opportunity to comment on proposed comments will become a matter of Constitution Avenue, NW., Washington, and/or continuing information public record. Comments are invited on: DC 20224. collections, as required by the (a) Whether the collection of SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, information is necessary for the proper Title: Section 9100 Relief for 338 Public Law 104–13 (44 U.S.C. performance of the functions of the Elections. 3506(c)(2)(A)). Currently, the IRS is agency, including whether the OMB Number: 1545–1820. soliciting comments concerning Form information shall have practical utility; Revenue Procedure Number: Revenue 7018, Employer’s Order Blank for (b) the accuracy of the agency’s estimate Procedure 2003–33. Forms, and Form 7018–A, Employer’s of the burden of the collection of Abstract: Revenue Procedure 2003–33 Order Blank for 2003 Forms. information; (c) ways to enhance the provides qualifying taxpayers with an DATES: Written comments should be quality, utility, and clarity of the extension of time pursuant to received on or before June 10, 2003, to information to be collected; (d) ways to § 301.9100–3 of the Procedure and be assured of consideration. minimize the burden of the collection of Administration Regulations to file an ADDRESSES: Direct all written comments information on respondents, including election described in § 338(a) or to Glenn P. Kirkland, Internal Revenue through the use of automated collection § 338(h)(10) of the Internal Revenue Service, room 6411, 1111 Constitution techniques or other forms of information Code to treat the purchase of the stock Avenue, NW., Washington, DC 20224. technology; and (e) estimates of capital of a corporation as an asset acquisition. FOR FURTHER INFORMATION CONTACT: or start-up costs and costs of operation, Current Actions: There are no changes Requests for additional information or maintenance, and purchase of services being made to the revenue procedure at copies of the form and instructions to provide information. this time. should be directed to Carol Savage, Approved: April 7, 2003. Type of Review: Extension of a currently approved collection. (202) 622–3945, or through the internet Glenn P. Kirkland, ([email protected].), Internal Affected Public: Business or other for- IRS Reports Clearance Officer. Revenue Service, room 6407, 1111 profit organizations, and individuals or Constitution Avenue, NW., Washington, [FR Doc. 03–8964 Filed 4–10–03; 8:45 am] households. DC 20224. BILLING CODE 4830–01–P Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: 60. Title: Form 7018, Employer’s Order Estimated Average Time Per DEPARTMENT OF THE TREASURY Blank for Forms, and Form 7018–A, Respondent: 5 hours. Estimated Total Annual Reporting Employer’s Order Blank for 2003 Forms. Internal Revenue Service OMB Number: 1545–1059. Burden: 300 hours. Form Number: Forms 7018 and 7018– Proposed Collection; Comment The following paragraph applies to all A. Request for Revenue Procedure 2003– of the collections of information covered Abstract: Forms 7018 and 7018–A 33 by this notice: allow taxpayers who must file An agency may not conduct or information returns a systematic way to AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to order information tax forms materials. Treasury. respond to, a collection of information
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unless the collection of information burden, invites the general public and Type of Review: Extension of a displays a valid OMB control number. other Federal agencies to take this currently approved collection. Books or records relating to a collection opportunity to comment on proposed Affected Public: Business or other for- of information must be retained as long and/or continuing information profit organizations. as their contents may become material collections, as required by the Estimated Number of Respondents: in the administration of any internal Paperwork Reduction Act of 1995, 2,600. revenue law. Generally, tax returns and Public Law 104–13 (44 U.S.C. Estimated Time Per Respondent: 7 tax return information are confidential, 3506(c)(2)(A)). Currently, the IRS is hrs., 47 min. as required by 26 U.S.C. 6103. soliciting comments concerning Form Estimated Total Annual Burden Request for Comments: Comments 5712, Election To Be Treated as a Hours: 20,234. submitted in response to this notice will Possessions Corporation Under Section The following paragraph applies to all be summarized and/or included in the 936, and Form 5712–A, Election and of the collections of information covered request for OMB approval. All Verification of the Cost Sharing or Profit by this notice: comments will become a matter of Split Method Under Section 936(h)(5). An agency may not conduct or public record. Comments are invited on: DATES: Written comments should be sponsor, and a person is not required to (a) Whether the collection of received on or before June 10, 2003, to respond to, a collection of information information is necessary for the proper be assured of consideration. unless the collection of information performance of the functions of the ADDRESSES: Direct all written comments displays a valid OMB control number. agency, including whether the to Glenn P. Kirkland, Internal Revenue Books or records relating to a collection information shall have practical utility; Service, room 6411, 1111 Constitution of information must be retained as long (b) the accuracy of the agency’s estimate Avenue, NW., Washington, DC 20224. as their contents may become material of the burden of the collection of in the administration of any internal FOR FURTHER INFORMATION CONTACT: information; (c) ways to enhance the revenue law. Generally, tax returns and Requests for additional information or quality, utility, and clarity of the tax return information are confidential, copies of the forms and instructions information to be collected; (d) ways to as required by 26 U.S.C. 6103. should be directed to Carol Savage, minimize the burden of the collection of Request for Comments: Comments (202) 622–3945, or through the internet information on respondents, including submitted in response to this notice will ([email protected].), Internal through the use of automated collection be summarized and/or included in the Revenue Service, room 6407, 1111 techniques or other forms of information request for OMB approval. All Constitution Avenue, NW., Washington, technology; and (e) estimates of capital comments will become a matter of DC 20224. or start-up costs and costs of operation, public record. Comments are invited on: maintenance, and purchase of services SUPPLEMENTARY INFORMATION: (a) Whether the collection of to provide information. Title: Election To Be Treated as a information is necessary for the proper Possessions Corporation Under Section performance of the functions of the Approved: April 7, 2003. 936 (Form 5712), and Election and Glenn P. Kirkland, agency, including whether the Verification of the Cost Sharing or Profit information shall have practical utility; IRS Reports Clearance Officer. Split Method Under Section 936(h)(5) (b) the accuracy of the agency’s estimate [FR Doc. 03–8965 Filed 4–10–03; 8:45 am] (Form 5712–A). of the burden of the collection of BILLING CODE 4830–01–P OMB Number: 1545–0215. Form information; (c) ways to enhance the Number: Forms 5712 and 5712–A. quality, utility, and clarity of the Abstract: Domestic corporations may information to be collected; (d) ways to DEPARTMENT OF THE TREASURY elect to be treated as possessions minimize the burden of the collection of corporations on Form 5712. This Internal Revenue Service information on respondents, including election allows the corporation to take through the use of automated collection Proposed Collection; Comment a tax credit. Possession corporations techniques or other forms of information Request for Forms 5712 and 5712–A may elect on Form 5712–A to share technology; and (e) estimates of capital their taxable income with their affiliates or start-up costs and costs of operation, AGENCY: Internal Revenue Service (IRS), under Internal Revenue Code section maintenance, and purchase of services Treasury. 936(h)(5). These forms are used by the to provide information. IRS to ascertain if corporations are ACTION: Notice and request for Approved: April 7, 2003. comments. entitled to the credit and if they may share their taxable income with their Glenn P. Kirkland, SUMMARY: The Department of the affiliates. IRS Reports Clearance Officer. Treasury, as part of its continuing effort Current Actions: There are no changes [FR Doc. 03–8966 Filed 4–10–03; 8:45 am] to reduce paperwork and respondent being made to the forms at this time. BILLING CODE 4830–01–P
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Part II
Department of Labor Management of U.S. Department of Labor Web Sites; Notice
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DEPARTMENT OF LABOR achieve these objectives, the Department c. ‘‘Internet Web sites’’ refers to will: Departmental and Agency Web sites that Office of the Secretary a. Establish a Web Site Management are available to the general public. [Secretary’s Order 2–2003] Group that effectively leverages the d. ‘‘Departmental Web Site programmatic content, legal, policy and Information Technology Standards’’ Management of U.S. Department of information technology expertise refers to the policies, processes, and Labor Web Sites throughout the Department; procedures, defined by the Office of the b. Ensure that the Department’s Web Chief Information Officer (OCIO), to 1. Purpose. To establish policy and sites present a common, unified meet architectural, interoperability, and assign responsibilities for the message to the public and Departmental security goals that are within the management of Department of Labor employees, while reflecting the guidelines of the Federal and (DOL) Internet and Intranet Web sites, Department’s purpose and mission; Department Enterprise Architectures. and the content published on these Web Such guidance will establish c. Apply Web information technology sites. Department-wide baselines and targets standards across all DOL Web sites in 2. Authority and Relationship to for managing and operating DOL accordance with the Federal and Other Orders. Internet Web sites and Intranet Web Departmental Enterprise Architectures; a. Authority. This Order is issued sites, and related information pursuant to 29 U.S.C. 551 et seq.; 5 d. Ensure appropriately secure and technologies. U.S.C. 301; sections 5122–5127 of the confidential exchange of information via 6. Delegation of Authority and Clinger-Cohen Act (40 U.S.C. 11312– the Department’s Web sites; Assignment of Responsibilities. 17); and the E-Government Act of 2002 e. Ensure appropriate review and a. The Assistant Secretary for Public (Pub. L. 107–347). approval of information prior to Affairs (ASPA) is delegated authority b. Relationship to Other Orders. publication on Departmental Web sites; and assigned responsibility for (1) This Order does not affect the f. Ensure that Web site content is management of DOL Web sites as authorities and responsibilities assigned timely, accurate, and complete and outlined below: by any other Secretary’s Order, unless managed in compliance with legislative (1) Appointing a DOL Web Sites otherwise expressly so provided in this and administrative mandates, including Director to manage the Department’s or another Order. the Federal Records Act, Privacy Act, Internet Web sites and Intranet Web (2) This Order repeals Secretary’s and Rehabilitation Act; sites, including the DOL.GOV and Order 2–2000, U.S. Department of Labor g. Ensure that e-correspondence Labornet Web sites; Internet Services. coming in via DOL Internet Web sites is (2) Maintaining and operating the (3) This Order amends Paragraph tracked and answered in a timely DOL.GOV and Labornet Web sites in 4(a)(10) of Secretary’s Order 2–2002, to fashion and preserved in accordance accordance with DOL policies and the extent of any inconsistencies. with the Federal Records Act to protect procedures, including Departmental (4) This Order amends Secretary’s the legal rights of, and minimize the Web Site Information Technology Order 37–65, to assign responsibilities legal risks to, the Department; Standards and design requirements; to Office of Public Affairs for certain h. Ensure that all records of business (3) Coordinating with the Office of the Web site functions. transacted on DOL Web sites are Assistant Secretary for Policy (OASP), 3. Background. The Department managed in accordance with the Federal Office of the Assistant Secretary for receives more than 550 million visits a Records Act, Privacy Act, and other Administration and Management year on its various Web sites and relies applicable legislative and administrative (OASAM), OCIO, and the Office of the on its public Web sites to provide mandates and guidance; Solicitor (SOL) in the development of services to individuals, businesses, i. Ensure that Agency Heads are policy, procedure and guidelines to organizations, and other government ensure that DOL Internet Web site entities. DOL also relies heavily on accountable for compliance with all Federal and Departmental mandates, content and services are accurate, intranets to communicate internally timely, and regularly updated; and with the Department’s employees. The policies, and legislative requirements; and aligned with the Department’s mission management of our Internet and Intranet and Secretarial goals; Web sites will become more critical as j. Ensure that the Department (2) Coordinating with DOL agencies, the Department implements its e- conducts privacy impact assessments as OASP, OASAM, OCIO, and SOL, to government strategy and improves the required by the E-Government Act. ensure that all information published on electronic delivery of products and 5. Definitions. DOL Internet Web sites, all e- services to our internal and external a. ‘‘Information Technology’’ refers to correspondence coming into Web sites customers. This Order is designed to any equipment or interconnected as well as responses, and all Federal ensure that the Department system or subsystem of equipment, that Records Act, Privacy Act and other communicates its policies and programs is used in the automatic acquisition, applicable legislative and administrative more effectively and efficiently via our storage, manipulation, management, mandates and guidance to protect the Internet and Intranet Web sites. movement, control, display, switching, legal rights of, and minimize the legal 4. Statement of Policy. The interchange, transmission, or reception risks to, the Department; Department’s ability to communicate of data or information by the executive (5) Ensuring a common look and feel, and conduct business will continue to agency. It also refers to computers, navigation, and branding for all require the effective use and ancillary equipment, software, firmware appropriate DOL Internet Web sites and management of the Department’s Web and similar procedures, services Intranet Web sites by developing DOL sites. To maximize the potential of our (including support services), and related design requirements; Web sites, while meeting customer resources. (6) Establishing and chairing a Web expectations, the Department will b. ‘‘Intranet Web sites’’ refers to Site Management Group comprising employ common Web management Departmental and Agency Web sites that designated Agency Internet standards and approaches for all DOL provide general access for Coordinators and designated policy- Internet and Intranet Web sites. To communicating to DOL employees. level representatives from OPA, OCIO,
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OASP and SOL, and other agencies or Reduction Act, Section 508 of the (3) Participating as a Vice-Chair of the offices as appropriate for the purpose of Rehabilitation Act, Federal Information Web Site Management Group. implementing DOL-wide Internet and Security Management Act (FISMA) and f. DOL Agency Heads are delegated Intranet Web site policies consistent other applicable statutory and authority and assigned responsibility for with other applicable Departmental administrative mandates; developing, implementing, operating, review processes; and (2) In consultation with SOL as and expanding their respective agency (7) Consistent with other applicable appropriate, set Departmental Web Site Internet services in accordance with this Departmental review processes, Information Technology Standards and Order and DOL policy and standards. approving or disapproving, after technical policy for all Departmental These responsibilities include the consultations with the Web Site Web sites, including standards to ensure following: Management Group, the creation of all compliance with the technical (1) Designating an agency Web site new Internet Web sites and Intranet requirements of legislative and Coordinator at the policy level to serve Web sites, including new individual administrative mandates, such as as point of contact on any Internet Web agency Internet Web Sites and Intranet Section 508 of the Rehabilitation Act; site-related issue, and to serve as a Web sites. (5) Ensuring information technology member of the Web Site Management b. The Assistant Secretary for Policy resources are in alignment with the Group; (ASP) is delegated authority and Department’s capital planning and (2) Ensuring compliance with all assigned responsibility for: investment management program, in Federal and Departmental mandates, (1) Establishing, managing, and accordance with CIO statutory policies, and legislative requirements, overseeing, in coordination with DOL responsibilities, under the Clinger- including the Federal Records Act, agencies, OPA, OASAM, SOL and other Cohen Act, and E-Government Act. Privacy Act, and Section 508 of the relevant offices, the Departmental (6) Participating as a Vice-Chair of the Rehabilitation Act, Clinger-Cohen Act, Internet Web site content clearance Web Site Management Group; and and E-Government Act; process and the Departmental Internet (7)Coordinating and consulting, as (3) Overseeing and ensuring Web site content clearance appropriate, with other DOL agencies in appropriate clearance of all Agency requirements, which shall provide for: fulfilling the above responsibilities. Internet Web site content for publication (a) Appropriate and timely approval d. The Assistant Secretary for prior to providing the content to OPA; or disapproval of content for policy Administration and Management (4) Supporting and implementing consistency, prior to publication on all (ASAM) is delegated authority and Departmental Web Site Information Departmental Internet Web sites; and assigned responsibility for: Technology Standards and initiatives; (b) Appropriate coordination with (1) Ensuring, through the (5) Developing, implementing and SOL to ensure compliance with Department’s budget review process, maintaining Agency Internet Web site legislative and administrative mandates, that agencies have appropriate plans content clearance processes, in including the Federal Records Act, and budgetary commitment to support consultation with SOL and OASP, Privacy Act, and Section 508 of the the continuing development, which comport with Departmental Rehabilitation Act. implementation, operation, and review and clearance requirements; (2) In coordination with DOL expansion of DOL Web services. (6) Producing appropriate plans and Agencies, OPA, OASAM, and SOL, (2) Providing operational and budgets to support their Internet and establishing appropriate Department- maintenance support to OPA for the Intranet Web sites in compliance with wide policy for designing, developing, hardware and operating system used to the Department’s Capital Planning and and overseeing implementation of an run Internet Information Services, Investment Control guidelines and the electronic correspondence tracking and Internet Web sites, and Labornet, Enterprise Architecture; reporting process to manage responses including network connectivity and (7) Providing the resources and to electronic correspondence received backups. training necessary to develop, via Internet Web sites. The process shall (3) In coordination with OASP, OPA, implement, operate, and expand ensure that all information published on OCIO and SOL, ensuring that individual agency Web site services; the Internet Web sites, all e- information published on Internet Web (8) Developing, implementing and correspondence coming into the Internet sites, e-correspondence coming in via maintaining Agency Internet and Web sites as well as responses, and all Internet Web sites, and records of Intranet Web site design processes, records of business transacted in whole business transacted in whole or in part which shall comport with the or in part via the Web sites are managed via Internet Web sites are managed in Departmental Internet and Intranet Web in accordance with the Federal Records accordance with the Federal Records site design requirements and be Act, Privacy Act and other applicable Act, Privacy Act and other applicable properly integrated with general legislative and administrative mandates legislative and administrative mandates Department and agency design and guidance to protect the legal rights and guidance to protect the legal rights processes, as evidenced by review and of, and minimize the legal risks to, the of, and minimize the legal risks to, the approval by OPA and SOL; Department. Department. (9) Developing, implementing and (3) Participating as a Vice-Chair of the e. The Solicitor of Labor (SOL) is maintaining Agency Internet Web site Web Site Management Group. delegated authority and assigned information technology practices, which c. The Chief Information Officer (CIO) responsibility for: shall accord, at a minimum, with the is delegated authority and assigned (1) Providing legal advice and counsel Departmental Internet Web Site responsibility for: to the DOL agencies and offices on all Information Technology Standards, and (1) In consultation with SOL as matters arising in the administration of be properly integrated with the Federal appropriate, supporting, consistent with this Order; and Departmental Enterprise Secretary’s Order 1–2000, all (2) Reviewing all Internet content for Architectures; information technology aspects of DOL legal issues, in accordance with (10) Ensuring that all information Internet Web sites and Intranet Web Departmental and Agency Web site published on agency Web sites, all e- sites pursuant to the Clinger-Cohen Act, content clearance processes and correspondence coming into the Web E-Government Act, Paperwork requirements; and sites as well as responses, and all
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records of business transacted in whole a. The submission of reports and requirements authorized under this or in part via DOL’s Internet Web sites recommendations to the President and Order are established. are managed in accordance with Federal Congress concerning the administration b. Existing Departmental and Agency Records Act, Privacy Act and other of statutory or administrative provisions Web site information technology shall applicable legislative and administrative is reserved to the Secretary of Labor. continue in effect until the new mandates and guidance; b. This Secretary’s Order does not standards authorized under this Order (11) Ensuring quality control and full affect the authorities or responsibilities are established. compliance with all Departmental of the Office of Inspector General under c. OPA shall ensure that all Internet and Intranet policies and the Inspector General Act of 1978, as grandfathered Web sites comport with processes; amended, or under Secretary’s Order 2– the Departmental Web Site design (12) Obtaining approval from OPA for 90 (January 31, 1990). requirements authorized under this all new Internet and Intranet Web sites c. The Secretary retains all authorities Order. before making the sites available to the delegated herein. d. OCIO shall ensure that all public or employees; 9. Redelegations and Transfers of grandfathered Web sites interoperate (13) Ensuring that all grandfathered Authority: with the Departmental Web Site Internet Web site content is cleared a. All of the authorities delegated Information Technology Standards consistent with the requirements of this herein may be redelegated. authorized under this Order. Order; and e. The grandfather clause expires b. The Assistant Secretary for Public (14) Ensuring agency compliance with when new requirements and standards Affairs may transfer authorities set forth the Departmental Internet Web site become effective. content clearance process and in paragraph 6a to other agency heads, Dated: April 4, 2003. requirements consistent with the as appropriate. requirements of this Order. 10. Grandfather Clause: Elaine L. Chao, 7. Effective Date. This Order is a. Existing Departmental and Agency Secretary of Labor. effective immediately. Web site design requirements shall [FR Doc. 03–8905 Filed 4–10–03; 8:45 am] 8. Reservation of Authority: continue in effect until the new BILLING CODE 4510–23–P
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Part III
Department of Transportation Federal Aviation Administration
14 CFR Part 91 Prohibition Against Certain Flights Within the Territory and Airspace of Iraq; Final Rule
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DEPARTMENT OF TRANSPORTATION (2) Visiting the Office of Rulemaking’s The Amendment web page at http://www.faa.gov/avr/ Federal Aviation Administration armhome.htm; or ■ For the reasons set forth above, the (3) Accessing the Federal Register’s Federal Aviation Administration 14 CFR Part 91 web page at http://www.access.gpo.gov/ amends 14 CFR Part 91 as follows: _ [Docket No. FAA–2003–14766; SFAR 77] su docs/aces/aces140.html. You may also obtain a paper copy of PART 91—GENERAL OPERATING AND Prohibition Against Certain Flights this document by submitting a request FLIGHT RULES Within the Territory and Airspace of to the Federal Aviation Administration, Iraq Office of Rulemaking, ARM–1, 800 ■ 1. The authority citation for Part 91 Independence Ave, SW., Washington, continues to read as follows: AGENCY: Federal Aviation DC 20591, or by calling (202) 267–9680. Authority: 49 U.S.C. 106(g), 1155, 40103, Administration (FAA), DOT. You must identify the docket number 40113, 40120, 44101, 44701, 44709, 44711, ACTION: Final rule; technical (28691) of this action. amendment. 44712, 44715, 44716, 44717, 44722, 46306, Background 46315, 46316, 46504, 46506–46507, 47122, SUMMARY: This amendment corrects SFAR 77 was issued October 16, 1996, 47508, 47528–47531; Articles 12 and 29 of language in Special Federal Aviation as a safety precaution for flights over the the Convention on International Civil Regulation (SFAR) No. 77, prohibition territory of Iraq. The FAA now Aviation (61 Stat. 1180). against certain flights within the anticipates that when hostilities are ■ 2. Revise Section 3 of Special Federal territory and airspace of Iraq, to ended, humanitarian efforts may be Aviation Regulation (SFAR) No. 77 to correspond to standard procedures used needed to assist the people of Iraq. In read as follows: for permitted operations under the order to facilitate these humanitarian Federal Aviation Administration’s efforts, the FAA standardizes the SPECIAL FEDERAL AVIATION authority for all similar SFAR’s. This language traditionally used for REGULATION NO. 77—PROHIBITION final rule informs the public of this permitted operations over restricted AGAINST CERTAIN FLIGHTS WITHIN THE minor change. flight areas. TERRITORY AND AIRSPACE OF IRAQ DATES: This action is effective April 8, The FAA amends SFAR 77 to * * * * * 2003, and shall remain in effect until eliminate a technical inaccuracy in the 3. Permitted operations. This SFAR does further notice. current SFAR, namely that another not prohibit persons described in paragraph FOR FURTHER INFORMATION CONTACT: agency could allow persons covered by 1 from conducting flight operations within David Catey, Air Transportation paragraph 1 to operate into Iraq without the territory and airspace of Iraq when such Division, Flight Standards Service, prior FAA approval. Because the FAA is operations are authorized either by another Federal Aviation Administration, 800 responsible for the safety of U.S. air agency of the United States Government with Independence Avenue, SW., carriers, U.S. commercial operators, U.S. the approval of the FAA or by an exemption Washington, DC 20591. Telephone: registered aircraft, and airmen relying issued by the Administrator. (202) 267–3732 or 267–8166. on U.S. issued airman certificates, the * * * * * SUPPLEMENTARY INFORMATION: FAA must be the final decisionmaker as to whether it is appropriate to waive the Issued in Washington, DC, on April 7, Availability of This Action applicability of this SFAR in certain 2003. You can get an electronic copy of this situations. Marion C. Blakey, final rule through the Internet by: List of Subjects in 14 CFR Part 91 Administrator. (1) Searching the Department of [FR Doc. 03–8947 Filed 4–8–03; 4:07 pm] Transportation’s electronic Docket Air traffic control, Aircraft, Airmen, Management System (DMS) web page Airports, Aviation safety, Freight, BILLING CODE 4910–13–P (http://www.dms.dot.gov/search); Afghanistan.
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Part IV
The President Proclamation 7660—National Former Prisoner of War Recognition Day, 2003 Proclamation 7661—National D.A.R.E. Day, 2003
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Federal Register Presidential Documents Vol. 68, No. 70
Friday, April 11, 2003
Title 3— Proclamation 7660 of April 8, 2003
The President National Former Prisoner of War Recognition Day, 2003
By the President of the United States of America
A Proclamation
America’s former prisoners of war (POWs) are national heroes whose service to our country will never be forgotten. These brave men and women who fought for America and endured cruelties and deprivation as prisoners of war helped to protect our Nation, liberated millions of people from the threats of tyranny and terror, and advanced the cause of freedom worldwide. This year, our Nation commemorates the 50th anniversary of the signing of the armistice to end armed conflict in the Korean War. We remember Operation Little Switch, conducted April through May 1953, that freed 149 American POWs, and Operation Big Switch, conducted August through Sep- tember 1953, which returned 3,597 Americans to our country. Finally, Oper- ation Glory, conducted July through November 1954, was responsible for the return of the remains of 2,944 Americans from North Korea. During this observance, we also recognize and honor the more than 8,100 Americans still unaccounted for from the Korean War. This year also marks the 30th anniversary of Operation Homecoming, in which 591 American POWs from Vietnam were returned. We also recognize and honor those Americans still unaccounted for from the Vietnam War. All of these individuals are to be honored for their strength of character and for the difficulties they and their families endured. From World War II, the Korean War, and Vietnam, to the 1991 Gulf War, Operation Iraqi Freedom, and other conflicts, our service men and women have sacrificed much to secure freedom, defend the ideals of our Nation, and free the oppressed. By answering the call of duty and risking their lives to protect others, these proud patriots continue to inspire us today as we work with our allies to extend peace, liberty, and opportunity to people around the world. As we honor our former POWs, we are reminded of our current POWs, captured in Operation Iraqi Freedom. We will work to secure their freedom, and we pray for their speedy and safe return. These brave men and women in uniform follow in the footsteps of these former POWs who placed country above self to advance peace in a troubled world. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 9, 2003, as National Former Prisoner of War Recognition Day. I call upon all the people of the United States to join me in remembering former American prisoners of war by honoring the memory of their sacrifices and in praying for the safe return of our POWs. I also call upon Federal, State, and local government officials and private organizations to observe this day with appropriate cere- monies and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of April, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 03–9156 Filed 4–10–03; 11:02 am] Billing code 3195–01–P
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Proclamation 7661 of April 9, 2003
National D.A.R.E. Day, 2003
By the President of the United States of America
A Proclamation Drugs destroy the hopes, dreams, and the health of our children, and we must continue to work to reduce drug use among America’s young people. Today we honor Drug Abuse Resistance Education (D.A.R.E.), the most widely recognized substance abuse and violence prevention curriculum in America. As we celebrate the 20th anniversary of this important program, we recognize D.A.R.E.’s proud record of helping millions of young people lead productive, drug-free, and violence-free lives, and reaffirm our commitment to end illegal drug use among our youth. D.A.R.E. was founded in 1983 by the Los Angeles Police Department (LAPD), which faced an overwhelming drug use problem among juveniles and saw the need for a program to educate children and young adults about the destructive realities of substance abuse. Teaming with the Los Angeles Uni- fied School District, the LAPD sent specially trained police officers into classrooms to teach middle school students how to resist peer pressure and make positive decisions. Since that beginning 20 years ago, D.A.R.E. has grown to reach 36 million students in more than 300,000 classrooms in the United States and around the world. Today, D.A.R.E. programs are taught in 80 percent of our Nation’s school districts. D.A.R.E.’s in-school curriculum focuses on giving children practical skills to avoid becoming involved in drugs, gangs, and violence. D.A.R.E. officers serve as supportive role models and encourage young people to develop healthy self-esteem. D.A.R.E. also helps young people in the critical after- school hours through D.A.R.E. P.L.U.S. (Play and Learn Under Supervision), a follow-up program that serves as a safe and fun alternative to the local streets. D.A.R.E. P.L.U.S. is designed to encourage middle school students to start taking responsibility for their actions and to engage in activities other than drug use. One of the core principles of my National Drug Control Strategy is to stop drug use before it starts, and D.A.R.E. and D.A.R.E. P.L.U.S. play an important role in my community-based approach. Through these programs, parents, educators, law enforcement officials, and other caring citizens are joining together in a collaborative fight against illegal drugs. However, we have more to do to reduce illegal drug use among America’s youth. The most effective way to reduce the supply of drugs is to reduce the demand, and I am confident that we can help accomplish this goal through a focus on effective, family-centered education and prevention. Toward this end, I have proposed the creation of a Parents Drug Corps to educate and train parents to lead the effort in preventing drug use among children and teens. In addition, I have asked the Congress to support millions of parents and concerned citizens in communities nationwide by doubling funding for the Drug-Free Communities Support Program. These new efforts will complement our ongoing work to surround our most vulnerable children with caring adults who can offer support, guidance, and encouragement. As we honor the dedicated individuals whose extraordinary efforts make D.A.R.E. work, we resolve to continue to help young people avoid the
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dangers of drug use and violence. By helping to ensure that all our children are educated and supported by positive and caring role models, we contribute to a promising future that offers hope and opportunity for all. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 10, 2003, as National D.A.R.E. Day. I call upon all the people of the United States, particularly our youth, parents, and educators, to observe this day by joining the fight against drugs in our communities. I also encourage our citizens to express appreciation for the law enforcement officers, volunteers, and others who work to help young people avoid the dangers of drug use. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-seventh. W
[FR Doc. 03–9172 Filed 4–10–03; 11:24 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 68, No. 70 Friday, April 11, 2003
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 9 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 71...... 16922 Proclamations: 92...... 16922 The United States Government Manual 741–6000 7657...... 15921 93...... 16922 Other Services 7658...... 16403 94...... 15932, 16922 7659...... 17253 Electronic and on-line services (voice) 741–6020 98...... 16922 7660...... 17873 130...... 16922 Privacy Act Compilation 741–6064 7661...... 17875 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: TTY for the deaf-and-hard-of-hearing 741–6086 2...... 17752 10448 (Amended by 77...... 16733 13293) ...... 15917 105...... 17327 ELECTRONIC RESEARCH 11157 (Revoked by 115...... 17327 13294) ...... 15919 World Wide Web 11800 (Revoked by 10 CFR Full text of the daily Federal Register, CFR and other publications 13294) ...... 15919 Proposed Rules: is located at: http://www.access.gpo.gov/nara 12452 (Revoked by 170...... 16374 13295) ...... 17255 171...... 16374 Federal Register information and research tools, including Public 13293...... 15917 Inspection List, indexes, and links to GPO Access are located at: 13294...... 15919 11 CFR http://www.archives.gov/federallregister/ 13295...... 17255 110...... 16715 E-mail Administrative Orders: Memorandums: 12 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of March an open e-mail service that provides subscribers with a digital 226...... 16185 28, 2003 ...... 17529 1730...... 16715 form of the Federal Register Table of Contents. The digital form Presidential Proposed Rules: of the Federal Register Table of Contents includes HTML and Determinations: 702...... 16450 PDF links to the full text of each document. No. 2003–18 of March 704...... 16450 To join or leave, go to http://listserv.access.gpo.gov and select 24, 2003 ...... 16165 712...... 16450 Online mailing list archives, FEDREGTOC-L, Join or leave the list No. 2003–19 of March 723...... 16450 (or change settings); then follow the instructions. 24, 2003 ...... 16167 PENS (Public Law Electronic Notification Service) is an e-mail 13 CFR 5 CFR service that notifies subscribers of recently enacted laws. Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5201...... 16398 121...... 15971 and select Join or leave the list (or change settings); then follow Proposed Rules: the instructions. 870...... 17315 14 CFR 1600...... 16449 1...... 16943 FEDREGTOC-L and PENS are mailing lists only. We cannot 1605...... 16449 respond to specific inquiries. 39 ...... 15653, 15937, 16190, 1606...... 16449 16192, 16195, 16198, 16200, Reference questions. Send questions and comments about the 1655...... 16449 16203, 16205, 16948, 17544, Federal Register system to: [email protected] 17727 7 CFR The Federal Register staff cannot interpret specific documents or 71 ...... 16207, 16351, 16409, regulations. 25...... 16169 16410, 16943, 16950, 16951, 718...... 16170 16952, 17153, 17729 723...... 16170 91...... 17545, 17870 FEDERAL REGISTER PAGES AND DATE, APRIL 916...... 17257 95...... 16943, 17730 15653–15920...... 1 917...... 17257 93...... 15657 15921–16164...... 2 923...... 15923 97 ...... 16411, 16412, 16943 989...... 15926 121 ...... 15884, 17514, 17545 16165–16402...... 3 993...... 17267, 17539 125...... 15884 16403–16714...... 4 1412...... 16170 129...... 15884 16715–16942...... 7 1413...... 16170 135...... 17545 16943–17252...... 8 1465...... 17272 145...... 17545 17253–17528...... 9 1940...... 17153 Proposed Rules: 17529–17726...... 10 Proposed Rules: 1...... 16992 17727–17876...... 11 762...... 17316 21...... 16217 772...... 17320 25...... 16458 930...... 15971 39 ...... 15682, 15684, 15687, 956...... 17325 16220, 16222, 16225, 16458, 1901...... 17320 16735, 16736, 17563, 17755, 1941...... 17316 17757 1943...... 17316 71 ...... 16227, 16229, 16230, 1951...... 17316, 17320 16992
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91...... 16992 27 CFR Proposed Rules: 47 CFR 201...... 15972 95...... 16992 Proposed Rules: 2...... 16962 97...... 16992 73...... 17760 38 CFR 21...... 16962 121...... 16992 25...... 16446, 16962 125...... 16992 28 CFR 1...... 15659, 17549 54...... 15669 14...... 17549 129...... 16992 2...... 16718 73...... 16730, 16968 135...... 16992 17...... 17549 Proposed Rules: 74...... 16962, 17560 2...... 16743 40 CFR 76...... 17312 15 CFR 78...... 16962 740...... 16144, 16208 29 CFR 9...... 16708 101...... 16962 46...... 16708 742...... 16144, 16208 Proposed Rules: 70...... 16398 52 ...... 15661, 15664, 16721, 762...... 16208 1...... 17577 71...... 16398 16724, 16726, 16959, 17551 774...... 16144, 16208 64...... 16250 96...... 16162 61...... 16726 Proposed Rules: 73 ...... 16750, 16968, 17592, 99...... 16162 62...... 17738 911...... 16993 17593 2509...... 16399 82...... 16728, 16729 2510...... 16399, 17472 16 CFR 89...... 17741 2520...... 16399, 17494 180 ...... 15945, 15958, 15963, 48 CFR Proposed Rules: 2550...... 16399 16436, 17307 1847...... 16969 305...... 16231 2560...... 16399, 17503 271 ...... 17308, 17553, 17556, 1852...... 16969 310...... 16238, 16414 2570 ...... 16399, 17484, 17506 17748 Proposed Rules: 2575...... 16399 Proposed Rules: 2...... 16366 17 CFR 2582...... 16399 Ch. 1 ...... 16747 4...... 16366 2584...... 16399 228...... 15939 52 ...... 15696, 16644, 16748, 13...... 16366 2589...... 16399 229...... 15939 17002, 17331, 17573, 17576 32...... 16366 2590...... 16399 244...... 15939 62...... 17763 52...... 16366 249...... 15939 30 CFR 82...... 16749 Proposed Rules: 89...... 17763 49 CFR 240...... 15688 901...... 17545 261...... 17234 Proposed Rules: 271 ...... 17332, 17576, 17577, Ch. 4 ...... 16953 18 CFR 70...... 15691 17767 1...... 16215 533...... 16868 1305...... 17545 72...... 15691 75...... 15691 41 CFR 665...... 15672 1109...... 17312 20 CFR 90...... 15691 Ch. 101 ...... 16730 206...... 17565 1111...... 17312 404...... 15658 943...... 17566 42 CFR 1114...... 17312 408...... 16415 70...... 17558 Proposed Rules: 31 CFR 172...... 16751 21 CFR 71...... 17558 800...... 16720 422...... 16652 173...... 16751 172...... 17277 Proposed Rules: 489...... 16652 174...... 16751 1308...... 16427 175...... 16751 103...... 17569 Proposed Rules: Proposed Rules: 440...... 15973 176...... 16751 1...... 16998 32 CFR 177...... 16751 10...... 16461 Proposed Rules: 43 CFR 178...... 16751 192...... 17593 199...... 16247 10...... 16354 24 CFR 266...... 16753 312...... 16249 423...... 16214 Proposed Rules: 806b...... 16746 202...... 15906 44 CFR 50 CFR 33 CFR 902...... 16461 Ch.1 ...... 15666 17 ...... 15804, 16970, 17156, 1000...... 17000 Ch. 1 ...... 16953 61...... 15666 17428, 17430, 17560 117 ...... 15943, 16721, 16953 64...... 15967 222...... 17560 26 CFR 165 ...... 16955, 17291, 17733, 224...... 15674 1 ...... 15940, 16430, 17002, 17734, 17736 45 CFR 226...... 17560 17277 Proposed Rules: 164...... 17153 230...... 15680 40...... 15940 110...... 15691 2506...... 16437 635...... 16216 48...... 15940 117...... 17571 648...... 16731 49...... 15940 165...... 15694 46 CFR 679 ...... 15969, 16990, 17314, 54...... 17277 Ch. 1 ...... 16953 17750 301...... 16351 36 CFR Ch. 3 ...... 16953 697...... 16732 602 ...... 15940, 15942, 17277 7...... 16432, 17292 Proposed Rules: Proposed Rules: Proposed Rules: 401...... 15697 17 ...... 15876, 15879, 16602 1 ...... 15801, 16462, 17759 37 CFR 530...... 15978 600 ...... 17004, 17005, 17333 49...... 15690 201...... 16958 540...... 17003 660...... 16754
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REMINDERS comments due by 4-14- for designated facilities and nonoxynol 9; labeling The items in this list were 03; published 3-14-03 [FR pollutants: requirements; comments editorially compiled as an aid 03-06164] New York; comments due due by 4-16-03; published to Federal Register users. AGRICULTURE by 4-14-03; published 3- 1-16-03 [FR 03-00902] Inclusion or exclusion from DEPARTMENT 13-03 [FR 03-05908] HOMELAND SECURITY this list has no legal Animal and Plant Health Air quality implementation DEPARTMENT significance. Inspection Service plans; approval and Coast Guard Interstate transportation of promulgation; various Drawbridge operations: animals and animal products States: Virginia; comments due by RULES GOING INTO (quarantine): Kentucky; comments due by 4-14-03; published 2-12- EFFECT APRIL 11, 2003 Exotic Newcastle disease; 4-18-03; published 3-19- 03 [FR 03-03458] quarantine area 03 [FR 03-06584] Ports and waterways safety: ENVIRONMENTAL designations— Missouri; comments due by Columbia River, Vancouver, PROTECTION AGENCY Arizona; comments due 4-17-03; published 3-18- WA; safety zone; Air programs; approval and by 4-15-03; published 03 [FR 03-06311] comments due by 4-15- promulgation; State plans 2-14-03 [FR 03-03685] Hazardous waste program 03; published 2-14-03 [FR for designated facilities and COMMERCE DEPARTMENT authorizations: 03-03605] pollutants: National Oceanic and Virginia; comments due by San Diego Bay, CA; New Hampshire; published Atmospheric Administration 4-14-03; published 3-13- security zones; comments 2-10-03 Fishery conservation and 03 [FR 03-06110] due by 4-14-03; published Air quality implementation management: Pesticides; tolerances in food, 2-11-03 [FR 03-03263] plans; approval and Magnuson-Stevens Act animal feeds, and raw Tampa Bay Captain of Port promulgation; various provisions— agricultural commodities: Zone, FL; security zones; States: National standard Methoprene, etc.; comments comments due by 4-14- West Virginia; published 2- guidelines; revision; due by 4-14-03; published 03; published 2-12-03 [FR 10-03 comments due by 4-16- 2-12-03 [FR 03-03236] 03-03460] 03; published 3-3-03 HOMELAND SECURITY LABOR DEPARTMENT Water pollution control: [FR 03-04886] Clean Water Act— DEPARTMENT Mine Safety and Health Federal Emergency Administration COMMODITY FUTURES Waters of United States; TRADING COMMISSION Management Agency Civil penalties; inflation definition; comments Commodity pool operators and Disaster assistance: adjustment; assessment due by 4-16-03; commodity trading advisors: Federal assistance to criteria and procedures; published 2-28-03 [FR individuals and published 2-10-03 Commodity trading advisors; 03-04768] performance data and FEDERAL households; comments TRANSPORTATION disclosure; comments due due by 4-15-03; published DEPARTMENT COMMUNICATIONS by 4-14-03; published 3- COMMISSION 9-30-02 [FR 02-24733] Federal Aviation 13-03 [FR 03-06081] Common carrier services: National Flood Insurance Administration Program: DEFENSE DEPARTMENT Federal-State Joint Board Airworthiness directives: Group flood insurance Federal Acquisition Regulation on Universal Service— Piaggio Aero Industries policy; comments due by (FAR): Universal services; S.p.A.; published 2-19-03 Cost-reimbursement 4-15-03; published 9-30- definition; comments 02 [FR 02-24734] contracts; payment bonds; due by 4-14-03; RULES GOING INTO comments due by 4-15- published 3-13-03 [FR INTERIOR DEPARTMENT EFFECT APRIL 12, 2003 03; published 2-14-03 [FR 03-06092] Fish and Wildlife Service 03-03575] Radio frequency devices: Endangered and threatened Fish, shellfish, and seafood species: Advanced wireless service; HOMELAND SECURITY products; comments due comments due by 4-14- Canada lynx; contiguous DEPARTMENT by 4-15-03; published 2- 03; published 3-13-03 [FR U.S. distinct population Coast Guard 14-03 [FR 03-03574] 03-06038] segment; comments due Ports and waterways safety: Security-guard functions; by 4-16-03; published 3- Television broadcasting: Long Beach, CA; safety contractor performance; 17-03 [FR 03-06291] zone; published 3-19-03 comments due by 4-15- Digital television conversion; transition issues; INTERIOR DEPARTMENT 03; published 2-14-03 [FR Minerals Management 03-03577] comments due by 4-14- COMMENTS DUE NEXT 03; published 2-18-03 [FR Service Vessel repair and alteration Royalty management: WEEK contracts; loss liability; 03-03812] comments due by 4-15- GENERAL SERVICES Federal geothermal resources; discussions for AGRICULTURE 03; published 2-14-03 [FR ADMINISTRATION developing consensus on DEPARTMENT 03-03576] Acquisition regulations: royalty valuation Agricultural Marketing DEFENSE DEPARTMENT Industrial funding fee and approaches; comments Service Engineers Corps sales reporting clauses; due by 4-16-03; published Cotton classing, testing, and Water pollution control: consolidation and fee 3-17-03 [FR 03-06254] reduction; comments due standards: Clean Water Act— Oil value for royalties due by 4-17-03; published 3- Classification services to Waters of United States; on Indian leases; 18-03 [FR 03-06458] growers; 2003 user fees; definition; comments establishment; comments comments due by 4-15- due by 4-16-03; HEALTH AND HUMAN due by 4-14-03; published 03; published 3-31-03 [FR published 2-28-03 [FR SERVICES DEPARTMENT 2-12-03 [FR 03-03466] 03-07631] 03-04768] Food and Drug PENSION BENEFIT Cotton research and ENVIRONMENTAL Administration GUARANTY CORPORATION promotion order: PROTECTION AGENCY Human drugs: Government Paperwork Cotton Board rules and Air programs; approval and Vaginal contraceptive Elimination Act; regulations; amendments; promulgation; State plans products (OTC) containing implementation:
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Electronic transactions; Boeing; comments due by TRANSPORTATION Register but may be ordered removal of regulatory 4-17-03; published 3-3-03 DEPARTMENT in ‘‘slip law’’ (individual impedments to filings, [FR 03-04842] Saint Lawrence Seaway pamphlet) form from the issuances, computation of Dassault; comments due by Development Corporation Superintendent of Documents, time, and electronic 4-17-03; published 3-18- Seaway regulations and rules: U.S. Government Printing record retention; 03 [FR 03-06261] Tariff of tolls; comments due Office, Washington, DC 20402 comments due by 4-15- (phone, 202–512–1808). The Empresa Basileira de by 4-16-03; published 3- 03; published 2-14-03 [FR 17-03 [FR 03-06347] text will also be made 03-03081] Aeronautica S.A. available on the Internet from TREASURY DEPARTMENT (EMBRAER); comments GPO Access at http:// SECURITIES AND due by 4-16-03; published Disclosure of records: EXCHANGE COMMISSION www.access.gpo.gov/nara/ 3-17-03 [FR 03-06259] Legal proceedings; access nara005.html. Some laws may Investment advisers and Eurocopter France; to information and not yet be available. investment companies: comments due by 4-15- records; clarification; Compliance programs; 03; published 2-14-03 [FR comments due by 4-16- H.R. 395/P.L. 108–10 comments due by 4-18- 03-03774] 03; published 3-17-03 [FR 03; published 2-11-03 [FR Do-Not-Call Implementation McDonnell Douglas; 03-06247] 03-03315] Act (Mar. 11, 2003; 117 Stat. comments due by 4-14- VETERANS AFFAIRS 557) TRANSPORTATION 03; published 2-27-03 [FR DEPARTMENT Last List March 10, 2003 DEPARTMENT 03-04587] Disabilities rating schedule: Federal Aviation Turbomeca S.A.; comments Musculoskeletal system; Administration due by 4-14-03; published comments due by 4-14- Air carrier certification and 2-12-03 [FR 03-03473] 03; published 2-11-03 [FR Public Laws Electronic 03-02119] operations: Class E airspace; comments Notification Service Transponder continuous due by 4-16-03; published (PENS) operation; comments due 3-17-03 [FR 03-06334] LIST OF PUBLIC LAWS by 4-18-03; published 3- 18-03 [FR 03-06511] TRANSPORTATION PENS is a free electronic mail DEPARTMENT This is a continuing list of Air traffic operating and flight public bills from the current notification service of newly rules, etc.: National Highway Traffic session of Congress which enacted public laws. To Safety Administration Reduced vertical separation have become Federal laws. It subscribe, go to http:// minimum in domestic U.S. Motor vehicle safety may be used in conjunction listserv.gsa.gov/archives/ airspace; comments due standards: with ‘‘PLUS’’ (Public Laws publaws-l.html Update Service) on 202–741– by 4-14-03; published 2- Lamps, reflective devices, Note: This service is strictly 6043. This list is also 28-03 [FR 03-04765] and associated for E-mail notification of new available online at http:// Airworthiness directives: equipment— laws. The text of laws is not www.nara.gov/fedreg/ available through this service. BAE Systems (Operations) Adaptive frontal-lighting plawcurr.html. Ltd.; comments due by 4- systems; comments due PENS cannot respond to 16-03; published 3-17-03 by 4-14-03; published The text of laws is not specific inquiries sent to this [FR 03-06260] 2-12-03 [FR 03-03505] published in the Federal address.
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