7–23–03 Wednesday Vol. 68 No. 141 July 23, 2003

Pages 43455–43612

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1 II Federal Register / Vol. 68, No. 141 / Wednesday, July 23, 2003

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

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2 III

Contents Federal Register Vol. 68, No. 141

Wednesday, July 23, 2003

Agency for Healthcare Research and Quality See Defense Logistics Agency NOTICES See Navy Department Meetings: NOTICES Health Care Policy and Research Special Emphasis Panel, Meetings: 43530 Science Board task forces, 43498 Privacy Act: Agriculture Department Systems of records, 43498–43501 See Federal Crop Insurance Corporation Inspector General Office, 43501–43502 See Food and Nutrition Service See Forest Service Defense Logistics Agency NOTICES Antitrust Division Privacy Act: NOTICES Systems of records, 43504–43505 National cooperative research notifications: Interchangeable Virtual Instruments Foundation, Inc., Education Department 43552 NOTICES PXI Systems Alliance, Inc., 43552 Agency information collection activities; proposals, submissions, and approvals, 43505–43506 Army Department NOTICES Energy Department Privacy Act: See Federal Energy Regulatory Commission Systems of records, 43502–43504 Environmental Protection Agency Centers for Disease Control and Prevention RULES NOTICES Air quality implementation plans; approval and Meetings: promulgation; various States: Disease, Disability, and Injury Prevention and Control New Jersey, 43462–43465 Special Emphasis Panels; correction, 43530–43531 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Civil Rights Commission Thiophanate methyl, 43465–43470 NOTICES PROPOSED RULES Meetings; State advisory committees: Air quality implementation plans; approval and Arkansas and Mississippi, 43489–43490 promulgation; various States: New York, 43490 California, 43481–43482 NOTICES Coast Guard Toxic and hazardous substances control: RULES Interagency Testing Committee report— Great Lakes pilotage regulations: Receipt and comment request, 43607–43612 Lake Erie and navigable waters from Southeast Shoal to Port Huron, MI; rates update, 43470–43472 Executive Office of the President PROPOSED RULES See Presidential Documents Drawbridge operations: Wisconsin [Editorial Note: This document, published at Federal Aviation Administration 68 FR 43066 in the Federal Register of Monday, July NOTICES 21, 2003, was inadvertently listed in that issue’s Aeronautical land-use assurance; waivers: Table of Contents under Homeland Security Otsego County Regional Airport, MI, 43567–43568 Department.] Presque Isle County/Rogers City Airport, MI, 43568

Commerce Department See International Trade Administration Federal Communications Commission See National Oceanic and Atmospheric Administration RULES NOTICES Common carrier services: Agency information collection activities; proposals, Federal-State Joint Board on Universal Service— submissions, and approvals, 43490 Tennessee; immediate relief request, 43472–43473

Customs and Border Protection Bureau Federal Crop Insurance Corporation PROPOSED RULES RULES Electronic cargo information; advance presentation Crop insurance regulations: requirement, 43573–43606 General administrative regulations, group risk plan of insurance regulations, and common crop insurance Defense Department regulations See Army Department Correction, 43457

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Federal Emergency Management Agency Forest Service NOTICES NOTICES National Flood Insurance Program: Environmental statements; notice of intent: Map and insurance products; fee schedule, 43538–43540 Bridger-Teton National Forest, WY, 43487–43489 Meetings: Federal Energy Regulatory Commission Olympic Provincial Advisory Committee, 43489 NOTICES Electric rate and corporate regulation filings: General Services Administration Mobile Energy Services Co., LLC, et al., 43506–43507 Northern Electric Power Co. L.P. et al., 43507–43508 NOTICES Environmental statements; availability, etc.: Meetings: Big Wood Canal Co., 43508–43509 National Travel Forum (2004), 43519 Meetings; Sunshine Act, 43509–43512 Reports and guidance documents; availability, etc.: Applications, hearings, determinations, etc.: National origin discrimination as it affects limited Childs-Irving Hydroelectric Project, 43506 English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, Federal Maritime Commission 43519–43530 NOTICES Ocean transportation intermediary licenses: Health and Human Services Department OTS Ocean Transportation Lines et al., 43512–43513 See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Federal Reserve System See Food and Drug Administration NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 43513–43514 Homeland Security Department Permissible nonbanking activities, 43514 See Coast Guard See Customs and Border Protection Bureau Federal Trade Commission See Federal Emergency Management Agency NOTICES Prohibited trade practices: Interior Department Global Instruments Ltd. et al, 43514–43515 See Fish and Wildlife Service Maine Health Alliance et al., 43515–43517 See Land Management Bureau Washington University Physician Network, 43517–43519 See National Park Service NOTICES Fish and Wildlife Service Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 43540–43541 Importation, exportation, and transportation of wildlife: Meetings: Injurious wildlife— Exxon Valdez Oil Spill Public Advisory Committee, Silver carp, 43482–43483 43541 NOTICES Meetings: Trinity Adaptive Management Working Group, 43541– International Trade Administration 43542 NOTICES Agency information collection activities; proposals, Food and Drug Administration submissions, and approvals, 43490–43491 NOTICES Antidumping: Agency information collection activities; proposals, Honey from— submissions, and approvals, 43531–43534 Argentina, 43491 Meetings: Countervailing duties: Drug Safety and Risk Management Advisory Committee, Honey from— 43534 Argentina, 43492–43493 Medical Devices Advisory Committe, 43534–43535 Overseas trade missions: Pulmonary-Allergy Drugs Advisory Committee, 43535 2003 trade missions— Reports and guidance documents; availability, etc.: Energy trade mission to Nigeria, Gabon, Sao Tome, and Channels of trade policy for commodities with residues Principe, 43493 of pesticide chemicals, for which tolerances have Applications, hearings, determinations, etc.: been revoked, suspended, or modified by EPA, University of— 43535–43538 Missouri-Kansas City, 43492 Medical devices— Texas Health Science Center at San Antonio et al., Reprocessed single-use medical devices; validation data 43492 in premarket notification submissions; correction, Vermont, 43492 43538 Justice Department Food and Nutrition Service See Antitrust Division NOTICES Food distribution programs: Donated foods national average minimum value (July 1, Labor Department 2003 to June 30, 2004), 43487 See Occupational Safety and Health Administration

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Land Management Bureau Navy Department NOTICES RULES Meetings: Privacy Act; implementation, 43461–43462 Resource Advisory Councils— NOTICES Northeastern Great Basin et al., 43542 Patent licenses; non-exclusive, exclusive, or partially exclusive: National Aeronautics and Space Administration Phase IV Engineering, Inc., 43505 NOTICES Unique Technologies, Inc., 43505 Meetings: Return to Flight Task Group, 43552 Nuclear Regulatory Commission NOTICES National Oceanic and Atmospheric Administration Environmental statements; availability, etc.: RULES University of Connecticut Health Center [Editorial Note: Fishery conservation and management: This document, published at 68 FR 43400 in the Alaska; fisheries of Exclusive Economic Zone— Federal Register of Tuesday, July 22, 2003, should Northern rockfish, 43480 have been listed in that issue’s Table of Contents at Pelagic shelf rockfish, 43479 68 FR 43381.] West Coast States and Western Pacific fisheries— Reports and guidance documents; availability, etc.: Pacific Coast groundfish, 43473–43479 Fire Dynamics Tools; Quantitative Fire Hazard Analysis PROPOSED RULES Methods for Fire Protection Inspection Program Fishery conservation and management: [Editorial Note: This document, published at 68 FR Alaska; fisheries of Exclusive Economic Zone— 43381 in the Federal Register of Tuesday, July 22, Salmon, 43483–43486 2003, should have been listed in that issue’s Table of NOTICES Contents at 68 FR 43400.] Agency information collection activities; proposals, submissions, and approvals, 43493–43494 Occupational Safety and Health Administration Committees; establishment, renewal, termination, etc.: RULES Hydrographic Services Review Panel, 43494–43495 State plans: Reports and guidance documents; availability, etc.: Virgin Islands; conversion and approval of plan for U.S. Marine Managed Areas Inventory; criteria, 43495– public employees only, 43457–43461 43498

National Park Service Presidential Documents NOTICES PROCLAMATIONS Environmental statements; availability, etc.: Special observances: Carl Sandburg Home National Historic Site, NC, 43542– Captive Nations Week (Proc. 7691), 43455 43543 Colonial National Historical Park, VA, 43543–43544 Railroad Retirement Board Glen Canyon National Recreation Area, AZ and UT, NOTICES 43544 Agency information collection activities; proposals, Rock Creek Park, Washington, DC, 43544–43545 submissions, and approvals, 43553 Schuylkill River Valley National Heritage Area, PA, 43545 Securities and Exchange Commission Environmental statements; notice of intent: NOTICES Indiana Dunes National Lakeshore, IN, 43545–43546 Self-regulatory organizations; proposed rule changes: Padre Island National Seashore, TX, 43546–43547 National Association of Securities Dealers, Inc., 43553– Meetings: 43555 Acadia National Park Advisory Commission, 43547 OneChicago, LLC, 43555–43564 National Park System Advisory Board, 43547 Pacific Exchange, Inc., 43564–43565 National Register of Historic Places: Pending nominations, 43547–43549 Small Business Administration Native American human remains and associated funerary NOTICES objects: Disaster loan areas: Phoebe A. Hearst Museum of Anthropology, University of Arizona, 43565 California, CA— West Virginia, 43565–43566 Inventory from Clark County, NV, 43549–43550 Reports and guidance documents; availability, etc.: Springfield Science Museum, MA— Goal setting under procurement preference programs, Human cranium from North McGregor, IA, 43550 43566 Reports and guidance documents; availability, etc.: Civic Engagement and Public Involvement; Director’s State Department Order, 43551 NOTICES Environmental Management Systems; policies and Presidential permits: procedures; Director’s Order, 43551 Brownsville, Cameron County, TX; international rail bridge construction, operation, and maintenance, National Science Foundation 43566–43567 NOTICES El Paso County, TX; construction and maintenance of Antarctic Conservation Act of 1978; permit applications, international bridge between Texas and Mexico, etc., 43552–43553 43567

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Surface Transportation Board Separate Parts In This Issue NOTICES Motor carriers: Part II Finance transactions— Homeland Security Department, Customs and Border KBUS Holdings, LLC, 43569–43570 Protection Bureau, 43573–43606 Part III Transportation Department Environmental Protection Agency, 43607–43612 See Federal Aviation Administration See Surface Transportation Board Reader Aids Treasury Department Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Agency information collection activities; proposals, To subscribe to the Federal Register Table of Contents submissions, and approvals, 43570–43571 LISTSERV electronic mailing list, go to http:// Reports and guidance documents; availability, etc.: listserv.access.gpo.gov and select Online mailing list Securities, U.S.; foreign ownership survey, 43571 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 7691...... 43455 7 CFR 400...... 43457 407...... 43457 457...... 43457 19 CFR Proposed Rules: 4...... 43574 103...... 43574 113...... 43574 122...... 43574 123...... 43574 192...... 43574 29 CFR 1952...... 43457 1956...... 43457 32 CFR 701...... 43461 40 CFR 52...... 43462 180...... 43465 Proposed Rules: 52...... 43481 46 CFR 401...... 43470 47 CFR 54...... 43472 50 CFR 660...... 43473 679 (2 documents) ...... 43479, 43480 Proposed Rules: 16...... 43482 679...... 43483

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Federal Register Presidential Documents Vol. 68, No. 141

Wednesday, July 23, 2003

Title 3— Proclamation 7691 of July 18, 2003

The President Captive Nations Week, 2003

By the President of the United States of America

A Proclamation During Captive Nations Week, first declared in 1959 as a statement against the continuing Communist domination of Eastern Europe, America expresses its dedication to freedom and democracy. While many countries around the world uphold these principles, millions of people still live under regimes that violate their citizens’ rights daily. In countries such as Burma and Iran, citizens lack the right to choose their government, speak out against oppression, and practice their religion freely. The despot who rules Cuba imprisons political opponents and crushes peaceful opposition, while in North Korea hundreds of thousands languish in prison camps and citizens suffer from malnutrition as the regime pursues weapons of mass destruction. Violence, corruption, and mismanagement reign in Zimbabwe and an authori- tarian government in Belarus smothers political dissent. Yet the cause of freedom is advancing. With the demise of the brutal regime of Saddam Hussein, the Iraqi people are no longer captives in their own country. Their freedom is evidence of the fall of one of the most oppressive dictators in history. Today, American and coalition forces are helping to restore civil order and provide critical humanitarian aid to the Iraqi people. Iraqis are now meeting openly and freely to discuss the future of their country. The United States vows to continue to work with those trying to bring about peaceful democratic change and greater respect for human rights. The Congress, by Joint Resolution approved July 17, 1959, (73 Stat. 212), has authorized and requested the President to issue a proclamation desig- nating the third week in July of each year as ‘‘Captive Nations Week.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim July 20 through July 26, 2003, as Captive Nations Week. I call upon the people of the United States to observe this week with appropriate ceremonies and activities and to reaffirm their commit- ment to all those seeking liberty, justice, and self-determination. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of July, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-eighth. W [FR Doc. 03–18897 Filed 7–22–03; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 68, No. 141

Wednesday, July 23, 2003

This section of the FEDERAL REGISTER Background SUMMARY: This action amends the Code contains regulatory documents having general The final regulations that are the of Federal Regulations (CFR) to reflect applicability and legal effect, most of which the withdrawal of approval by the are keyed to and codified in the Code of subject of this correction implemented changes mandated by the Federal Crop Occupational Safety and Health Federal Regulations, which is published under Administration (OSHA) of the United 50 titles pursuant to 44 U.S.C. 1510. Insurance Act, as amended by the Agricultural Risk Protection Act of States Virgin Islands’ (the ‘‘Virgin The Code of Federal Regulations is sold by 2000, and required an earlier notice of Islands’’) comprehensive State plan the Superintendent of Documents. Prices of loss for prevented planting in response covering both private and public sector new books are listed in the first FEDERAL to an Office of Inspector General Audit. employers and employees, and the REGISTER issue of each week. conversion and approval of a public Need for Correction employee State plan, covering As published, the final regulations employers and employees of the DEPARTMENT OF AGRICULTURE contained a typographical error which Territory and its political subdivisions only. This action is taken as the result Federal Crop Insurance Corporation may prove to be misleading and is in need of correcting. Section 37(a) of the of unique structural and performance issues in the Virgin Islands and with 7 CFR Parts 400, 407 and 457 Common Crop Insurance Regulations, Basic Provisions contained a cite, mutual agreement. Federal OSHA will ‘‘section 8(b)(2)’’, which should have now exercise exclusive jurisdiction over RIN 0563–AB85 been ‘‘section 8(b)(1).’’ all private sector employers and employees in the Virgin Islands. In General Administrative Regulations, Correction of Publication addition to public employee coverage, Subpart J—Appeal Procedure and the Territory will provide expanded on- Subpart T—Federal Crop Insurance ■ Accordingly, the publication on Wednesday, June 25, 2003 of the final site consultation services to the private Reform, Insurance Implementation, sector in the U.S. Virgin Islands Regulations for the 1999 and regulations at 68 FR 37697–37726 is corrected as follows: pursuant to a new cooperative Subsequent Reinsurance Years; Group agreement with OSHA as authorized by Risk Plan of Insurance Regulations for PART 457—[CORRECTED] Section 21(d) of the Occupational Safety the 2001 and Succeeding Crop Years; and Health Act. and the Common Crop Insurance § 457.8 [Corrected] EFFECTIVE DATE: July 23, 2003. Regulations, Basic Provisions ■ On page 37726, in the second column, section 37(a) cites ‘‘section 8(b)(2)’’ FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Crop Insurance Barbara Bryant, Director, Office of State Corporation, USDA. which is corrected to read ‘‘section 8(b)(1)’’. Programs, Directorate of Cooperative ACTION: Final rule; correction. and State Programs, Occupational Safety Signed in Washington, DC, on July 11, and Health Administration, U.S. SUMMARY: This document contains a 2003. Department of Labor, Room N–3700, correction to the final regulations which Ross J. Davidson, Jr., 200 Constitution Avenue, NW., were published Wednesday, June 25, Manager, Federal Crop Insurance Washington, DC 20210. Telephone (202) 2003 (68 FR 37697–37726). The Corporation. 693–2200, Fax (202) 693–1671, E-mail: regulations pertain to the General [FR Doc. 03–18720 filed 7–22–03; 8:45 am] [email protected]. Administrative Regulations, Subpart J— BILLING CODE 3410–08–P Appeal Procedure and Subpart T— SUPPLEMENTARY INFORMATION: Federal Crop Insurance Reform, A. Background Insurance Implementation, Regulations for the 1999 and Subsequent DEPARTMENT OF LABOR Section 18 of the Occupational Safety Reinsurance Years; Group Risk Plan of and Health Act of 1970 (the OSH Act), Occupational Safety and Health Insurance Regulations for the 2001 and 29 U.S.C. 667, provides the basis for Administration Succeeding Crop Years; and the States to assume responsibility for the Common Crop Insurance Regulations, development and enforcement of 29 CFR Parts 1952 and 1956 Basic Provisions. occupational safety and health standards by submitting to the Assistant EFFECTIVE DATE: June 18, 2003. Partial Withdrawal of Approval of the Secretary of Labor for Occupational FOR FURTHER INFORMATION CONTACT: For Virgin Islands State Plan; Resumption Safety and Health (‘‘Assistant further information contact Janice of Exclusive Federal Enforcement Secretary’’), and obtaining Federal Nuckolls, Insurance Management Authority in the Private Sector; and approval of, a State plan. Under Specialist, Research and Development, Conversion and Approval of the Virgin regulations at 29 CFR part 1902 and Product Development Division, Risk Islands State Plan to a State Plan for 1956 respectively, there are two types of Management Agency, United States Public Employees Only State plans which a State may operate: Department of Agriculture, 6501 Beacon AGENCY: Occupational Safety and Health a comprehensive ‘‘State plan’’ covering Drive, Stop 0812, Room 421, Kansas Administration (OSHA), Department of both private and public (State, or City, MO, 64133–4676, telephone (816) Labor. Territory, and its political subdivisions) 926–7730. employees; or a ‘‘State plan for public ACTION: Final rule. SUPPLEMENTARY INFORMATION: employees only.’’

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Section 3(7) of the OSH Act makes allowing the Virgin Islands time and Virgin Islands State plan, in a manner several U.S. Territories and possessions assistance to improve its performance. which recognizes Federal OSHA’s including the U.S. Virgin Islands However, since the agreement in 1995 ongoing responsibility to provide eligible to submit State plans under the Virgin Islands has been unable to staffing and resources for private sector Section 18. The United States Virgin institute significant improvements to its enforcement in the Virgin Islands, while Islands (‘‘Virgin Islands’’) State plan staffing and operational performance. assuring continued recognition and received initial approval for its Federal OSHA monitoring of the State funding for the valuable public sector comprehensive State plan on September plan has not indicated sufficient compliance and consultation activity 11, 1973 (38 FR 24896). A description improvements in the Territory’s provided by the Territory. The of the plan and Federal OSHA approval performance to alleviate the deficiencies agreement makes it possible for OSHA was codified in the Code of Federal identified at that time. This has made it to devote its resources to providing Regulations at 29 CFR part 1952, necessary for OSHA to continue to safety and health protection in Virgin subpart S. The Virgin Islands provide Federal staffing and resources Islands workplaces, rather than Department of Labor, Division of in recent years to assure an appropriate expending its resources in a possibly Occupational Safety and Health level of worker safety and health lengthy and complex proceeding under (VIDOSH) was designated as the State protection in workplaces in the Virgin 29 CFR part 1955 to formally withdraw agency with responsibility for Islands. State plan approval. The agreement also administering the State plan, and allows the Virgin Islands to qualify for B. Partial Withdrawal of the Virgin operations under the plan commenced enhanced funding under a provision of Islands State Plan; Resumption of at the time of initial plan approval in the Omnibus Insular Areas Act of 1977 Exclusive Federal Enforcement 1973. The Virgin Islands State plan (48 U.S.C. Section 1469 (d)), which Authority in the Private Sector covered all issues of occupational safety authorizes OSHA to waive the in private and public sector workplaces In a letter dated May 12, 2003, requirement for Territorial matching located within the Virgin Islands. Governor Charles Turnbull of the funds for grant amounts under Although in the public sector the State United States Virgin Islands notified the $200,000. plan covered occupational health as Assistant Secretary of the decision of Accordingly, OSHA is revising 29 well as safety, in the private sector the the Territory to formally withdraw that CFR 1952 and 29 CFR part 1956 to State plan did not exercise enforcement portion of its federally-approved reflect the Virgin Islands’ decision to authority over occupational health occupational safety and health State exclude private sector employment from issues; enforcement of health standards plan which provides for occupational coverage under the plan while retaining and other health-related requirements in safety coverage of private sector coverage of public sector employment, the Virgin Islands with regard to private employment, pursuant to 29 CFR and to reflect the new status of the plan sector employment remained a Federal 1955.3(b). This letter also notified the as one that applies to the public sector OSHA responsibility. Assistant Secretary of the Virgin Islands’ only. Pursuant to the Governor’s May 12 The Virgin Islands State plan request that the OSHA-approved State letter, State plan coverage of all private successfully completed all of its State plan be converted from a sector employers and employees is plan developmental steps and was comprehensive State plan covering both terminated effective July 1, 2003; certified as structurally complete on private and public sector employees, as exclusive Federal OSHA jurisdiction September 22, 1981. Pursuant to Section currently reflected in 29 CFR 1952, over private sector employment in the 18(e) of the OSH Act and procedures at subpart S, to a public employee only Virgin Islands is resumed on the same 29 CFR 1902, OSHA determined that the State plan, as authorized by 29 CFR part date. In accordance with Section 18(f) of Virgin Islands program met all 1956, covering employees of the the OSH Act and 29 CFR part 1955.4, requirements and, in actual operation, Territory and its political subdivisions the Territory may retain jurisdiction in was ‘‘at least as effective’’ as the Federal only. In addition, the Governor any case commenced prior to the July 1 program, granted the Virgin Islands expressed the Territory’s agreement to voluntary termination of its private State plan final approval, and provide on-site consultation services to sector program in order to enforce relinquished Federal enforcement the private sector in the Virgin Islands standards under the plan. 29 CFR 1952, authority effective April 17, 1984 (49 FR pursuant to a cooperative agreement subpart S, which reflects the prior status 16766). However, on November 13, under section 21(d) of the OSH Act. of the Virgin Islands program as a 1995, OSHA announced that, as a result (The Virgin Islands, up-to-now, has comprehensive State plan, is being of its monitoring, it had found that the provided private sector consultation rescinded and reserved. Virgin Islands State plan, was no longer services under the auspices and funding The Virgin Islands’ decision to retain ‘‘at least as effective as’’ Federal OSHA of its State plan.) The Virgin Islands its existing State plan in the public and that other 18(e) requirements were indicated such conversion would allow sector is being implemented by adding no longer being met. In response to this it to focus resources on increasing the a new subpart H to 29 CFR part 1956, finding, the Virgin Islands protection provided to public sector which reflects the new status of the Commissioner of Labor agreed to employees, while at the same time Virgin Islands plan as a public sector voluntarily relinquish the State plan’s providing increased safety and health only plan. The new subpart codifies the final approval status under Section assistance for small business employers Virgin Islands plan as a developmental 18(e), to the reassertion of concurrent and employees in the Territory with the plan under 29 CFR part 1956, as it will Federal OSHA enforcement authority additional Federal funding and be necessary for the Territory to make and jurisdiction, and to undertake assistance available through a Section certain adjustments to its public necessary corrective action to regain 21(d) consultation agreement. employee program structure and to final approval status (60 FR 56950). OSHA has conveyed to the Virgin revise its State plan document to reflect The decision to reinstate concurrent Islands its agreement with the its new, more limited scope. The State jurisdiction in 1995 allowed Federal resolution set forth in the Governor’s plan already meets the majority of the OSHA to exercise full discretionary May 12 letter. This agreement resolves criteria for public sector State plans in concurrent enforcement authority to unique and long-standing issues 29 CFR 1956.10 and the indices of assure worker protection, while regarding the status and funding of the effectiveness in 29 CFR part 1956.11.

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However, to provide a procedure for cause exists for making these revisions in effect in the Virgin Islands since 1973 documenting how it meets those without an opportunity for public and all public sector employers, requirements, the Virgin Islands has comment, and for making them effective including small units of local submitted a developmental schedule for immediately upon publication in the government, have been subject to its making the necessary adjustments to the Federal Register. terms. State plan to reflect its change in scope, D. Decision including the amendment and/or Unfunded Mandates Reform Act revision of Territorial legislation to In accordance with the Governor’s The procedures in 29 CFR parts 1952, provide more explicit authority for the request and in order to assure the most 1955 and 1956 for submission, initial public employee program, State plan effective protection possible to both approval and withdrawal of OSHA- narrative, implementing regulations and private and public sector workers in the approved State plans apply only to administrative procedures including U.S. Virgin Islands, the withdrawal of States and Territories which have revisions to its standards adoption the Virgin Islands’ State plan in the voluntarily submitted a State plan for procedures, and the development of a private sector and its conversion to a OSHA approval under the OSH Act, and public employee only consultation public employee only State plan under accordingly these procedures do not program, strategic plan, and poster. 29 CFR 1956 is hereby approved. This meet the definition of a ‘‘Federal The State plan action and associated decision incorporates the requirements intergovernmental mandate’’ under reconfiguration of the Virgin Islands of the OSH Act and of regulations section 421(5) of UMRA (2 U.S.C. workplace safety and health program applicable to State plans generally. 658(5)). will also result in changes in the Federal E. Effective Date of State Plan Federalism funding arrangements. As the reduction Conversion in the size and administrative cost of its Executive Order 13132, ‘‘Federalism,’’ State plan will reduce its funding The Virgin Islands State plan ceased (64 FR 43255; Aug. 4, 1999) establishes requirements, OSHA has determined inspections and other compliance fundamental Federalism criteria to be that the provisions of the Omnibus activity in the private sector, except for applied in formulating and Insular Areas Act of 1977 (48 U.S.C. previously initiated cases, and began implementing Federal policies, and Section 1469(d)) can now apply. This operating as a public employee only requires agencies to consult with authorizes OSHA to waive the State plan limiting its coverage to affected State, Territorial and local Territory’s matching share requirement employees of the Territory and its officials in the development of for Federal funding under $200,000. The political subdivisions on July 1, 2003. regulatory policies. Although OSHA has Virgin Islands is appropriately F. Paperwork Reduction determined that the requirements and amending its grant documents to reflect consultation procedures provided in This final rule contains no collections these changes in status and funding. Executive Order 13132 are not of information other than those already applicable to plan approval decisions C. Waiver of Comment Period; imposed by State plan regulations under the Act, which have no effect Immediate Effective Date which have been previously reviewed outside the particular State or Territory and approved by the Office of OSHA finds that good cause exists for receiving approval, OSHA has reviewed amending 29 CFR parts 1952 and 1956 Management and Budget (‘‘OMB’’), and assigned OMB control number 1218– this action and believes it is consistent to reflect the modification in coverage of with the principles and criteria set forth the Virgin Islands State plan without an 0247 under the provisions of the Paperwork Reduction Act of 1995 (Pub. in the Executive Order. This rule was opportunity for public comment, and for developed in coordination with making this rule effective immediately L. 104–13). The OMB approval of these collections of information contained in representatives from the U.S. Virgin upon publication in the Federal Islands, and opportunities for additional Register. Today’s action imposes no these regulations expires November 30, 2005. State input have been afforded through new rights or obligations on affected consultation with the Occupational parties, since as discussed above, G. Regulatory Review Safety and Health State Plan private sector workplaces in the Virgin Regulatory Flexibility Act Association (OSHSPA), the organization Islands have been subject to of State agencies which administer enforcement of Federal OSHA safety OSHA certifies pursuant to the Federally-approved plans. requirements since 1995, and subject to Regulatory Flexibility Act of 1980 (5 Federal OSHA health requirements U.S.C. 601 et seq.) that the approval of Executive Order since the inception of the Virgin Islands the withdrawal of the complete plan This final rule has been deemed not State plan. (Federal OSHA and Virgin and conversion to a public employee significant under Executive Order Islands safety and health standards and only plan will not have a significant 12866. regulations are identical.) Public sector economic impact on a substantial employers in the Virgin Islands are number of small entities. This final rule List of Subjects in 29 CFR Parts 1952 likewise unaffected, as they remain applies only to the one Territorial and 1956 subject to the same requirements agency operating an OSHA-approved Administrative practice and approved as part of the Territory’s State plan, and would not place small procedure, Intergovernmental relations, existing plan, which was approved after units of government under any new or Law enforcement, Occupational safety public notice and comment (38 FR different requirements, nor would any and health, Reporting and 24896). Today’s revisions to the 29 CFR additional burden be placed upon the recordkeeping requirements. parts 1952 and 1956 have no substantial Territorial government beyond the effect on the rights or obligations of any responsibilities already assumed as part Authority member of the public, and are made of the approved plan. By its own terms, This document was prepared under only to update these basic public the converted plan will have no effect the direction of John L. Henshaw, references to reflect the current coverage on private sector employment, but is Assistant Secretary of Labor for of the Virgin Islands State plan. limited to the Territory and its political Occupational Safety and Health. It is Accordingly, OSHA finds that good subdivisions. Moreover, a plan has been issued under Section 18 of the

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Occupational Safety and Health Act of U.S. Virgin Islands (the ‘‘Virgin covering the private (safety only) and public 1970 (29 U.S.C. 667), 29 CFR 1902, Islands’’). The Virgin Islands public sectors on September 11, 1973 (38 FR 24896) 1952, 1955, and 1956, and Secretary of employee program, established by and final approval under Section 18(e) of the Labor’s Order 5–2002 (67 FR 65008, Executive Order 200–76 on July 11, Act on April 17, 1984 (49 FR 16766). Final approval status for that State plan was October 22, 2002). 1975, extends full authority under suspended and full Federal concurrent Signed at Washington, DC this 16th day of Virgin Islands Act No. 3421, Section 16 enforcement authority was reinstated on July, 2003. (April 27, 1973) and implementing November 13, 1995 (60 FR 56950). Effective John L. Henshaw, regulations to the agency to enforce and July 1, 2003, the Virgin Islands withdrew the administer all laws and rules protecting portion of its State plan which covered Assistant Secretary of Labor. the safety and health of employees of private sector employment, and exclusive ■ Accordingly, the 29 CFR Ch. XVII is the Government of the Virgin Islands, its Federal enforcement jurisdiction for the amended as set forth below: departments, agencies and private sector resumed. instrumentalities, including any PART 1952—APPROVED STATE political subdivisions. It covers all § 1956.71 Developmental schedule. PLANS FOR ENFORCEMENT OF activities of public employers and The Virgin Islands State plan for STATE STANDARDS employees and places of public public employees only is ■ 1. The authority for 29 CFR part 1952 employment. The Territory has adopted developmental. The following is a is revised to read as follows: all Federal standards promulgated as of schedule of major developmental steps June 2003, and has given assurances to be completed: Authority: Section 18 of the Occupational (a) The Virgin Islands will review and Safety and Health Act of 1970 (29 U.S.C. that it will continue to adopt and update all Federal standards, revisions and amend its legislation and regulations, as 667), 29 CFR part 1902 and 1955, and appropriate, to assure proper statutory Secretary of Labor’s Order 5–2002 (67 FR amendments. The plan is accompanied 65008, October 22, 2002). by a statement of the Governor’s authority for ‘‘at least as effective’’ support. coverage of all public sector employers ■ 2. Subpart S of 29 CFR part 1952 is (b) The plan establishes procedures and employees including Territorial removed and reserved to read as follows: for variances and the protection of government employers and employees employees from hazards under a and any employers or employees of Subpart S—[Removed and Reserved] variance; insures inspection in response municipalities or other local governmental entities. The plan will be PART 1956—STATE PLANS FOR THE to complaints; provides employer and revised to include a legal opinion that DEVELOPMENT AND ENFORCEMENT employee representatives an the converted plan meets the OF STATE STANDARDS APPLICABLE opportunity to accompany inspectors requirements of the Occupational Safety TO STATE AND LOCAL GOVERNMENT and to call attention to possible and Health Act of 1970 and is consistent EMPLOYEES IN STATES WITHOUT violations before, during, and after with the laws of the Virgin Islands. APPROVED PRIVATE EMPLOYEE inspections; notification to employees These actions will occur within one PLANS or their representatives when no compliance action is taken as a result of year of plan conversion approval. ■ 3. The authority for 29 CFR part 1956 alleged violations, including informal (b) The Virgin Islands will review and is revised to read as follows: review; notification of employees of amend its legislation and regulations as necessary to reflect its more limited Authority: Section 18 of the Occupational their protection; protection of employees against discharge or coverage and to be consistent with Safety and Health Act of 1970 (29 U.S.C. formal withdrawal of Federal approval 667), 29 CFR 1902, 1952, and 1955, and discrimination in terms and conditions Secretary of Labor’s Order 5–2002 (67 FR of employment; includes provision for of the private sector portion of the State 65008, October 22, 2002). prompt notices to employers and plan, within one year of plan conversion ■ 4. 29 CFR part 1956 is amended by employees of violations of standards approval. adding a new subpart H to read as and abatement requirements and either (c) The Virgin Islands will review its follows: sanctions or alternative mechanisms to statutory authority regarding standards adoption and take appropriate Subpart H—The Virgin Islands assure abatement; employer’s right to appeal citations for violations, legislative or administrative action to Sec. abatement periods and any proposed assure that it is consistent with 29 CFR 1956.70 Description of plan as approved. sanctions and/or compulsory process; part 1953 and that all standards 1956.71 Developmental schedule. employee’s right to appeal abatement applicable to the public sector will be 1956.72 Changes to approved plan. promulgated within six months of the [Reserved.] periods; and employee participation in review proceedings. Also included are promulgation date of new Federal 1956.73 Determination of operational OSHA standards, within one year of effectiveness. [Reserved.] provisions for right of entry for 1956.74 Location of basic State plan inspection, prohibition of advance plan conversion approval. (d) The Virgin Islands will take documentation. notice of inspection and the appropriate legislative or administrative requirement for both employers and action to assure effective sanctions, Subpart H—The Virgin Islands employees to comply with the either as monetary penalties, or an applicable rules, standards, and orders, § 1956.70 Description of plan as approved. alternative mechanism for compelling and employer obligations to maintain (a) The Virgin Islands State plan was abatement in the public sector within records and provide reports as required. converted to a public employee only one year of plan conversion approval. occupational safety and health program Further, the plan provides assurances of (e) The Virgin Islands will develop a on July 1, 2003, and received initial a fully trained adequate staff and five-year strategic plan and approval on July 23, 2003. It is sufficient funding, and for voluntary corresponding annual performance plan administered and enforced by the Virgin compliance programs, including a within two years of plan conversion Islands Department of Labor, Division of public sector consultation program. approval. Occupational Safety and Health (‘‘the Note: The Virgin Islands’ received initial (f) A new State poster will be agency,’’ or ‘‘VIDOSH’’) throughout the approval for a comprehensive State plan developed and distributed to reflect

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coverage of the public sector only SUMMARY: The Department of the Navy and that such rulemaking will not within one year of plan conversion is revising the exemption rule for significantly or uniquely affect small approval. N05520–5, entitled ’’Personnel Security governments. (g) The Virgin Islands will submit a Program Management Records System’’. Executive Order 13132, ‘‘Federalism’’. revised State plan, in electronic format The revision includes deleting the (k)(1) It has been determined that this Privacy to the extent possible, reflecting its exemption because it is redundant to 32 Act rule for the Department of Defense coverage of public employers and CFR 701.117; and claiming subsections does not have federalism implications. employees only in accordance with 29 (c)(3) and (e)(1) under the (k)(5) The rule does not have substantial CFR 1956, within one year of plan exemption. The principal purpose of the direct effects on the States, on the conversion approval. (k)(5) exemption is to protect the relationship between the National (h) The Virgin Islands will hire and identity of a confidential source. The Government and the States, or on the provide appropriate training for their expansion is considered supportive, and distribution of power and public sector compliance and in furtherance, of the overall purpose of responsibilities among the various consultation staffs, within one year of the exemption. levels of government. plan conversion approval. EFFECTIVE DATE: July 8, 2003. List of Subjects in 32 CFR Part 701 (i) The Virgin Islands will develop a FOR FURTHER INFORMATION CONTACT: Mrs. Privacy. public sector consultation program Doris Lama at (202) 685–6545 or DSN ■ within two years of plan conversion 325–6545. Accordingly, 32 CFR part 701 is approval. amended to read as follows: SUPPLEMENTARY INFORMATION: The § 1956.72 Changes to approved plan. proposed rule was published on May 9, PART 701—AVAILABILITY OF [Reserved] 2003, at 68 FR 24904. No comments DEPARTMENT OF THE NAVY were received, therefore, the rule, as RECORDS AND PUBLICATION OF § 1956.73 Determination of operational changed, is being adopted as final. effectiveness. [Reserved] DEPARTMENT OF THE NAVY Executive Order 12866. It has been DOCUMENTS AFFECTING THE § 1956.74 Location of basic State plan determined that this Privacy Act rule for PUBLIC documentation. the Department of Defense does not ■ Copies of basic State plan constitute ‘significant regulatory action’. 1. The authority citation for 32 CFR documentation are maintained at the Analysis of the rule indicates that it part 701, Subpart F continues to read as following locations. Specific documents does not have an annual effect on the follows: are available upon request, and will be economy of $100 million or more; does Authority: Pub. L. 93–579, 88 Stat. 1896 (5 provided in electronic format, to the not create a serious inconsistency or U.S.C. 552a). extent possible. Contact the: Directorate otherwise interfere with an action taken ■ 2. Section 701.118, paragraph (n) is of Cooperative and State Programs, or planned by another agency; does not revised to read as follows: Office of State Programs, U.S. materially alter the budgetary impact of Department of Labor, Occupational entitlements, grants, user fees, or loan § 701.118 Exemptions for specific Navy Safety and Health Administration, 200 programs or the rights and obligations of record systems. Constitution Avenue, NW., Room N– recipients thereof; does not raise novel * * * * * 3700, Washington, DC 20210; Office of legal or policy issues arising out of legal (n) System identifier and name: the Regional Administrator, U.S. mandates, the President’s priorities, or (1) N05520–5, Personnel Security Department of Labor, Occupational the principles set forth in Executive Program Management Records System. Safety and Health Administration, 201 Order 12866 (1993). (2) Exemption: (i) Investigative Varick Street, Room 670, New York, Regulatory Flexibility Act. It has been material compiled solely for the purpose New York 10014; and the Virgin Islands determined that this Privacy Act rule for of determining suitability, eligibility, or Department of Labor, Division of the Department of Defense does not qualifications for federal civilian Occupational Safety and Health, 3021 have significant economic impact on a employment, military service, federal Golden Rock, Christiansted, St. Croix, substantial number of small entities contracts, or access to classified Virgin Islands, 00840. Current contact because it is concerned only with the information may be exempt pursuant to information for these offices (including administration of Privacy Act systems of 5 U.S.C. 552a(k)(5), but only to the telephone numbers, mailing and e-mail records within the Department of extent that such material would reveal addresses) is available on OSHA’s Web Defense. the identity of a confidential source. Paperwork Reduction Act. It has been site, http://www.osha.gov. (ii) Therefore, portions of this system determined that this Privacy Act rule for may be exempt pursuant to 5 U.S.C. [FR Doc. 03–18719 Filed 7–22–03; 8:45 am] the Department of Defense imposes no 552a(k)(5) from the following BILLING CODE 4510–26–P information requirements beyond the subsections of 5 U.S.C. 552a(c)(3), (d), Department of Defense and that the and (e)(1). information collected within the (3) Authority: 5 U.S.C. 552a(k)(5). DEPARTMENT OF DEFENSE Department of Defense is necessary and (4) Reasons: (i) From subsection (c)(3) consistent with 5 U.S.C. 552a, known as and (d) when access to accounting Department of the Navy the Privacy Act of 1974. disclosures and access to or amendment Section 202, Public Law 104–4, of records would cause the identity of 32 CFR Part 701 ‘‘Unfunded Mandates Reform Act’’. It a confidential sources to be revealed. has been determined that this Privacy Disclosure of the source’s identity not [Secretary of the Navy Instruction 5211.5] Act rulemaking for the Department of only will result in the Department Defense does not involve a Federal breaching the promise of confidentiality Privacy Act; Implementation mandate that may result in the made to the source but it will impair the AGENCY: Department of the Navy, DOD. expenditure by State, local and tribal Department’s future ability to compile governments, in the aggregate, or by the investigatory material for the purpose of ACTION: Final rule. private sector, of $100 million or more determining suitability, eligibility, or

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qualifications for Federal civilian attainment of the 1-hour NAAQS for action concurrently with a state’s employment, Federal contracts, or ozone in the New York-Northern New procedures for amending its regulations. access to classified information. Unless Jersey-Long Island nonattainment area The proposed SIP revision was initially sources can be assured that a promise of (NAA) and the Philadelphia- submitted to EPA on January 31, 2003, confidentiality will be honored, they Wilmington-Trenton NAA. and the final SIP revision was formally will be less likely to provide EFFECTIVE DATE: This rule will be submitted on April 8, 2003. New Jersey information considered essential to the effective August 22, 2003. also submitted additional information in Department in making the required ADDRESSES: Copies of the state a letter dated June 26, 2003 to determinations. submittal(s) are available at the supplement the April 8, 2003 SIP (ii) From (e)(1) because in the following addresses for inspection revision. A detailed description of New collection of information for during normal business hours: Jersey’s submittal and EPA’s rationale investigatory purposes, it is not always for the proposed action were presented Environmental Protection Agency, possible to determine the relevance and in the May 5, 2003 notice of proposed Region 2 Office, Air Programs Branch, necessity of particular information in rulemaking and will not be restated 290 Broadway, 25th Floor, New York, the early stages of the investigation. In here. In response to EPA’s proposed New York 10007–1866. some cases, it is only after the Environmental Protection Agency, Air action on this New Jersey SIP revision, information is evaluated in light of other and Radiation Docket and Information no comments were received. information that its relevance and Center, Air Docket (6102), 401 M II. What Are the Details of EPA’s necessity becomes clear. Such Street, SW., Washington, DC 20460. Specific Actions? information permits more informed New Jersey Department of decision-making by the Department Environmental Protection, Bureau of A. Emission Inventories Revised with when making required suitability, Air Quality Planning, 401 East State MOBILE6 eligibility, and qualification Street, CN027, Trenton, New Jersey New Jersey’s April 8, 2003 SIP determinations. 08625. revision contained revised 1996, 2005, * * * * * and 2007 motor vehicle emissions FOR FURTHER INFORMATION CONTACT: Dated: July 16, 2003. Michael Moltzen, Air Programs Branch, inventories recalculated with the Patricia L. Toppings, 290 Broadway, 25th Floor, New York, MOBILE6 motor vehicle emissions Alternate OSD Federal Register Liaison NY 10007–1866, (212) 637–4249. factor model. Consistent with EPA’s policy regarding the use of MOBILE6 in Officer, Department of Defense. SUPPLEMENTARY INFORMATION: [FR Doc. 03–18649 Filed 7–22–03; 8:45 am] SIP development in its ‘‘Policy Table of Contents Guidance on the Use of MOBILE6 for BILLING CODE 5001–08–P I. Background SIP Development and Transportation II. What Are the Details of EPA’s Specific Conformity’’ and ‘‘Clarification of Policy Actions? Guidance for MOBILE6 in Mid-course ENVIRONMENTAL PROTECTION A. Emission Inventories Revised with Review Areas’’, New Jersey included in AGENCY MOBILE6 the April 8, 2003 submittal a relative B. Motor Vehicle Emissions Budgets Revised 40 CFR Part 52 reduction comparison to show that its 1- with MOBILE6 Hour Ozone Attainment Demonstration C. Revised General Conformity Budgets [Region II Docket No. NJ62–262, FRL–7535– SIP continues to demonstrate attainment 4] D. Modified Date for Submittal of the Mid- course Review using revised MOBILE6 inventories for the Northern New Jersey NAA and the Approval and Promulgation of III. Conclusions Trenton NAA. The State’s methodology Implementation Plans; New Jersey; IV. Statutory and Executive Order Reviews for the relative reduction comparison Revised Motor Vehicle Emissions I. Background consisted of comparing the new Inventories for 1996, 2005, and 2007 On May 5, 2003 (68 FR 23662), EPA MOBILE6 inventories with the and Motor Vehicle Emissions Budgets published a notice of proposed previously approved on February 4, for 2005 and 2007 Using MOBILE6 rulemaking regarding a SIP revision 2002 (67 FR 5152) MOBILE5 inventories AGENCY: Environmental Protection submitted by the State of New Jersey for for the Northern New Jersey NAA and Agency (EPA). its portions of the two severe ozone the Trenton NAA to determine if ACTION: Final rule. NAAs—the New York-Northern New attainment will still be predicted by the Jersey-Long Island Area and the established attainment dates. SUMMARY: EPA is approving a revision to Philadelphia-Wilmington-Trenton Area. Specifically, the State calculated the the New Jersey State Implementation For purposes of this action, these areas relative reductions (expressed as Plan (SIP) for the attainment and will be referred to as the Northern New percent reductions) in ozone precursors maintenance of the 1-hour national Jersey NAA and the Trenton NAA, between the 1996 base year and ambient air quality standard (NAAQS) respectively. That notice proposed to attainment year inventory, both for ozone. Specifically, EPA is approve New Jersey’s revised 1996, MOBILE5-based. These percent approving New Jersey’s: revised 1996, 2005, and 2007 motor vehicle emission reductions were then compared to the 2005, and 2007 motor vehicle emission inventories and 2005 and 2007 motor percent reductions between the revised inventories and 2005 and 2007 motor vehicle emissions ‘‘budgets’’ MOBILE6-based 1996 base year and vehicle emissions budgets recalculated recalculated using MOBILE6, modified attainment year inventories. using MOBILE6; modified date for date for submittal of the State’s mid- To further support the relative submittal of the State’s mid-course course review, and updated general reduction comparison submitted in the review; and updated general conformity conformity emissions budgets for April 8, 2003 submittal, New Jersey emissions budgets for McGuire Air McGuire Air Force Base. performed a supplemental analysis, Force Base. The intended effect of this The SIP revision was proposed under submitted as an addendum on June 26, action is to approve a SIP revision that a procedure called parallel processing, 2003, which estimated the change in will help the State continue to plan for whereby EPA proposes a rulemaking emission factors in going from MOBILE5

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to MOBILE6 for 1990 and the attainment achieved, and the SIP continues to of 2007 for the Northern New Jersey years of 2005 and 2007 for the Trenton demonstrate attainment. NAA and 2005 for the Trenton NAA. NAA and Northern New Jersey NAA, New Jersey’s submittal satisfies the Table 1 below summarizes the revised respectively. This supplemental conditions outlined in EPA’s MOBILE6 Reasonable Further Progress (RFP) and analysis shows that the percent Policy guidance, and demonstrates that attainment year motor vehicle emissions reduction calculated with MOBILE6 is the new levels of motor vehicle inventories statewide and by greater than the percent reduction emissions calculated using MOBILE6 nonattainment area in tons per summer calculated with MOBILE5, thus the continue to support achievement of the day (tpd). EPA is approving these required emission reductions needed to projected attainment of the 1-Hour revised motor vehicle emissions attain the 1-hour ozone NAAQS are Ozone NAAQS by the attainment dates inventories as part of New Jersey’s SIP.

TABLE 1.—NEW JERSEY’S REVISED MOTOR VEHICLE EMISSIONS INVENTORIES

2005 NAA area NOX VOC NOX VOC (tpd) (tpd) (tpd) (tpd)

Atlantic City ...... 14.63 22.07 (1) (1) Northern New Jersey ...... 156.37 237.17 134.00 186.93 Trenton ...... 50.48 77.72 (1) (1) Allentown ...... 5.59 12.89 4.77 10.25

State total ...... 227.08 349.85 (1) (1) 1 Not applicable.

B. Motor Vehicle Emissions Budgets Planning Commission (DVRPC) the 2005 32749), EPA found the revised Revised With MOBILE6 budgets are revised attainment year attainment year budgets adequate for New Jersey’s April 8, 2003 SIP budgets. For the North Jersey transportation conformity purposes. revision contained revised motor Transportation Planning Authority EPA is approving all of these budgets as vehicle emissions budgets recalculated (NJTPA) the 2005 budgets are revised part of New Jersey’s SIP. Table 2 below using MOBILE6. For the South Jersey budgets based on the RFP Plans, while summarizes New Jersey’s revised Transportation Planning Organization the 2007 budgets are revised attainment budgets contained in the April 8, 2003 (SJTPO) and Delaware Valley Regional year budgets. On June 2, 2003 (68 FR submittal.

TABLE 2.—NEW JERSEY MOTOR VEHICLE EMISSIONS BUDGETS

2005 2007 Transportation planning area VOC NOX VOC NOX (tpd) (tpd) (tpd) (tpd)

North Jersey Transportation Planning Authority (NJTPA) ...... 161.97 250.05 138.77 197.19 South Jersey Transportation Planning Organization (SJTPO) ...... 22.12 36.36 (1) (1) Delaware Valley Regional Planning Commission (DVRPC) ...... 42.99 63.44 (1) (1) (1) Not applicable, since the attainment year is 2005.

C. Revised General Conformity Budgets budgets approved by EPA on February emission reductions. Table 3 below 4, 2002 (67 FR 5152). Specifically, New summarizes the revised general New Jersey’s April 8, 2003 SIP Jersey is increasing the 2005 NOX conformity budgets. EPA is approving revision contained updated general budget and decreasing the 2005 VOC the revised 2005 general conformity conformity budgets for the McGuire Air budget consistent with EPA’s policy on emissions budgets. Force Base, which replace the previous substitution of ozone precursor

TABLE 3.—MCGUIRE AIR FORCE BASE GENERAL CONFORMITY EMISSIONS BUDGETS

Previously approved budgets New budgets

VOC NOX VOC NOX Tons/year Tons/year Tons/year Tons/year

1990 Baseline...... 1,112 1,038 1,112 1,038 1996 ...... 1,186 1,107 1,186 1,107 1999 ...... 1,223 1,142 1,223 1,142 2002 ...... 1,405 875 1,405 875 *2005 ...... 1,406 884 1,198 1,084

* 2005 budgets updated such that the increase in NOX is offset by a decrease in VOC, resulting in no expected net increase in ozone formation.

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D. Modified Date for Submittal of the impact on a substantial number of small that before a rule may take effect, the Mid-Course Review entities under the Regulatory Flexibility agency promulgating the rule must New Jersey’s April 8, 2003 SIP Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a revision contained a modified date for rule approves pre-existing requirements copy of the rule, to each House of the submittal of the State’s mid-course under state law and does not impose Congress and to the Comptroller General any additional enforceable duty beyond review. As approved into New Jersey’s of the United States. EPA will submit a that required by state law, it does not SIP on February 4, 2002 (67 FR 5152), report containing this rule and other contain any unfunded mandate or the State originally committed to submit required information to the U.S. Senate, significantly or uniquely affect small its mid-course review analysis to EPA the U.S. House of Representatives, and governments, as described in the by December 31, 2003. However, EPA the Comptroller General of the United Unfunded Mandates Reform Act of 1995 allowed states to revise their mid-course States prior to publication of the rule in (Public Law 104–4). the Federal Register. A major rule commitments to provide for the review This rule also does not have tribal no later than December 31, 2004 in cannot take effect until 60 days after it implications because it will not have a is published in the Federal Register. order to include the benefit of the substantial direct effect on one or more Regional NO Program in its mid-course This action is not a ‘‘major rule’’ as X Indian tribes, on the relationship defined by 5 U.S.C. 804(2). review and to be consistent with between the Federal Government and surrounding states. Therefore, New Indian tribes, or on the distribution of List of Subjects in 40 CFR Part 52 Jersey revised its commitment to power and responsibilities between the perform a mid-course review to Environmental protection, Air Federal Government and Indian tribes, pollution control, Carbon monoxide, December 31, 2004. EPA is approving as specified by Executive Order 13175 this revised commitment. Intergovernmental relations, Nitrogen (65 FR 67249, November 9, 2000). This dioxide, Ozone, Reporting and III. Conclusions action also does not have Federalism recordkeeping requirements, Volatile implications because it does not have organic compounds. EPA is taking final action to approve substantial direct effects on the States, New Jersey’s April 8, 2003 SIP revision. on the relationship between the national Dated: July 10, 2003. This submittal revises New Jersey’s government and the States, or on the Jane M. Kenny, 1996, 2005, and 2007 motor vehicle distribution of power and Regional Administrator, Region 2. emission inventories and 2005 and 2007 responsibilities among the various ■ Part 52, chapter I, title 40 of the Code motor vehicle emissions budgets using levels of government, as specified in MOBILE6, modifies the planned date to of Federal Regulations is amended as Executive Order 13132 (64 FR 43255, follows: complete the State’s mid-course review August 10, 1999). This action merely to December 31, 2004, and updates the approves a state rule implementing a PART 52—[AMENDED] general conformity emissions budgets Federal standard, and does not alter the for McGuire Air Force Base. In relationship or the distribution of power ■ 1. The authority citation for part 52 accordance with the parallel processing and responsibilities established in the continues to read as follows: procedures, EPA has evaluated New Clean Air Act. This rule also is not Authority: 42 U.S.C. 7401 et seq. Jersey’s final SIP revision submitted on subject to Executive Order 13045 April 8, 2003 and supplemental ‘‘Protection of Children from Subpart FF—New Jersey information submitted on June 26, 2003, Environmental Health Risks and Safety and finds that no substantial changes Risks’’ (62 FR 19885, April 23, 1997), ■ 2. Section 52.1582 is amended by were made from the proposed SIP because it is not economically removing and reserving paragraphs revision submitted on January 31, 2003. significant. (d)(4) and (h)(5), removing paragraphs New Jersey has demonstrated that its In reviewing SIP submissions, EPA’s (h)(7)(iii) and (h)(7)(iv) and adding revised 1-Hour Attainment role is to approve state choices, paragraph (i) to read as follows: Demonstration SIP for the Northern provided that they meet the criteria of New Jersey NAA and the Trenton NAA § 52.1582 Control strategy and the Clean Air Act. In this context, in the regulations: Ozone. continues to demonstrate attainment absence of a prior existing requirement with the revised MOBILE6 inventories. for the State to use voluntary consensus * * * * * standards (VCS), EPA has no authority (i)(1) The revised 1996, 2005 and 2007 IV. Statutory and Executive Order motor vehicle emission inventories Reviews to disapprove a SIP submission for failure to use VCS. It would thus be calculated using MOBILE6 included in Under Executive Order 12866 (58 FR inconsistent with applicable law for New Jersey’s April 8, 2003 State 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Implementation Plan revision is not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission approved. therefore is not subject to review by the that otherwise satisfies the provisions of (2) The 2005 conformity emission Office of Management and Budget. For the Clean Air Act. Thus, the budgets for the New Jersey portion of this reason, this action is also not requirements of section 12(d) of the the Philadelphia/Wilmington/Trenton subject to Executive Order 13211, National Technology Transfer and nonattainment area and the 2005 and ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. 2007 conformity emission budgets for Significantly Affect Energy Supply, 272 note) do not apply. This rule does the New Jersey portion of the New York/ Distribution, or Use’’ (66 FR 28355, May not impose an information collection Northern New Jersey/Long Island 22, 2001). This action merely approves burden under the provisions of the nonattainment area included in New state law as meeting Federal Paperwork Reduction Act of 1995 (44 Jersey’s April 8, 2003 State requirements and imposes no additional U.S.C. 3501 et seq.). Implementation Plan revision are requirements beyond those imposed by The Congressional Review Act, 5 approved. state law. Accordingly, the U.S.C. 801 et seq., as added by the Small (3) The conformity emission budgets Administrator certifies that this rule Business Regulatory Enforcement for the McGuire Air Force Base included will not have a significant economic Fairness Act of 1996, generally provides in New Jersey’s April 8, 2003 State

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Implementation Plan revision have been pesticide manufacturer potentially docket that are available electronically. approved. affected entities may include, but are Although not all docket materials may (4) The revised commitment to not limited to: be available electronically, you may still perform a mid-course review and • Crop producers (NAICS 111) access any of the publicly available submit the results by December 31, 2004 • Animal producers (NAICS 112) docket materials through the docket • Food manufacturing (NAICS 311) facility identified in Unit I.B.1. Once in included in the April 8, 2003 SIP • revision is approved. Pesticide manufacturing (NAICS the system, select ‘‘search,’’ then key in 32532) the appropriate docket ID number. [FR Doc. 03–18853 Filed 7–22–03; 8:45 am] This listing is not intended to be BILLING CODE 6560–50–P exhaustive, but rather provides a guide II. Background and Statutory Findings for readers regarding entities likely to be EPA, on its own initiative, in ENVIRONMENTAL PROTECTION affected by this action. Other types of accordance with sections 408(e) and 408 AGENCY entities not listed in this unit could also (l)(6) of the Federal Food, Drug, and be affected. The North American Cosmetic Act (FFDCA), 21 U.S.C. 346a, 40 CFR Part 180 Industrial Classification System is establishing a tolerance for residues of (NAICS) codes have been provided to the fungicide thiophanate methyl and [OPP–2003–0242; FRL–7317–5] assist you and others in determining its metabolite methyl 2-benzimidazoyl whether this action might apply to Thiophanate Methyl; Pesticide carbamate, in or on vegetables, fruiting, certain entities. If you have any Tolerance for Emergency Exemptions group 8 at 0.5 parts per million (ppm). questions regarding the applicability of This tolerance will expire and is AGENCY: Environmental Protection this action to a particular entity, consult revoked on December 31, 2005. EPA Agency (EPA). the person listed under FOR FURTHER will publish a document in the Federal ACTION: Final rule. INFORMATION CONTACT. Register to remove the revoked B. How Can I Get Copies of this tolerance from the Code of Federal SUMMARY: Regulations. This regulation establishes a Document and Other Related Section 408(l)(6) of the FFDCA time-limited tolerance for residues of Information? thiophanate methyl and its metabolite requires EPA to establish a time-limited methyl 2-benzimidazoyl carbamate 1. Docket. EPA has established an tolerance or exemption from the (MBC) in or on fruiting vegetables. This official public docket for this action requirement for a tolerance for pesticide action is in response to EPA’s granting under docket identification ID number chemical residues in food that will of an emergency exemption under OPP–2003–0242. The official public result from the use of a pesticide under section 18 of the Federal Insecticide, docket consists of the documents an emergency exemption granted by Fungicide, and Rodenticide Act (FIFRA) specifically referenced in this action, EPA under section 18 of FIFRA. Such authorizing use of the pesticide on any public comments received, and tolerances can be established without fruiting vegetables. This regulation other information related to this action. providing notice or period for public establishes a maximum permissible Although a part of the official docket, comment. EPA does not intend for its level for residues of thiophanate methyl the public docket does not include actions on section 18 related tolerances in this food commodity. The tolerance Confidential Business Information (CBI) to set binding precedents for the will expire and is revoked on December or other information whose disclosure is application of section 408 of the FFDCA 31, 2005. restricted by statute. The official public and the new safety standard to other docket is the collection of materials that tolerances and exemptions. Section DATES: This regulation is effective July 408(e) of the FFDCA allows EPA to 23, 2003. Objections and requests for is available for public viewing at the establish a tolerance or an exemption hearings, identified by docket ID Public Information and Records from the requirement of a tolerance on number OPP–2003–0242, must be Integrity Branch (PIRIB), Rm. 119, its own initiative, i.e., without having received on or before September 22, Crystal Mall #2, 1921 Jefferson Davis received any petition from an outside 2003. Hwy., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., party. ADDRESSES: Written objections and Monday through Friday, excluding legal Section 408(b)(2)(A)(i) of the FFDCA hearing requests may be submitted holidays. The docket telephone number allows EPA to establish a tolerance (the electronically, by mail, or through hand is (703) 305–5805. legal limit for a pesticide chemical delivery/courier. Follow the detailed 2. Electronic access. You may access residue in or on a food) only if EPA instructions as provided in Unit VII. of this Federal Register document determines that the tolerance is ‘‘safe.’’ the SUPPLEMENTARY INFORMATION. electronically through the EPA Internet Section 408(b)(2)(A)(ii) of the FFDCA FOR FURTHER INFORMATION CONTACT: under the ‘‘Federal Register’’ listings at defines ‘‘safe’’ to mean that ‘‘there is a Andrea Conrath, Registration Division http://www.epa.gov/fedrgstr/. A reasonable certainty that no harm will (7505C), Office of Pesticide Programs, frequently updated electronic version of result from aggregate exposure to the Environmental Protection Agency, 1200 40 CFR part 180 is available at http:// pesticide chemical residue, including Pennsylvania Ave., NW., Washington, www.access.gpo.gov/nara/cfr/ all anticipated dietary exposures and all DC 20460–0001; telephone number: cfrhtml_00/Title _40/40cfr180_00.html, other exposures for which there is (703) 308–9356; e-mail address: a beta site currently under development. reliable information.’’ This includes [email protected]. An electronic version of the public exposure through drinking water and in docket is available through EPA’s residential settings, but does not include SUPPLEMENTARY INFORMATION: electronic public docket and comment occupational exposure. Section I. General Information system, EPA Dockets. You may use EPA 408(b)(2)(C) of the FFDCA requires EPA Dockets at http://www.epa.gov/edocket/ to give special consideration to A. Does this Action Apply to Me? to submit or view public comments, exposure of infants and children to the You may be potentially affected by access the index listing of the contents pesticide chemical residue in this action if you are an agricultural of the official public docket, and to establishing a tolerance and to ‘‘ensure producer, food manufacturer, or access those documents in the public that there is a reasonable certainty that

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no harm will result to infants and safe and lawful, EPA is issuing this 408(b)(2) of the FFDCA, for a time- children from aggregate exposure to the tolerance without notice and limited tolerance for residues of pesticide chemical residue. . . .’’ opportunity for public comment as thiophanate methyl in or on fruiting Section 18 of the FIFRA authorizes provided in section 408(l)(6) of the vegetables at 0.5 ppm. EPA to exempt any Federal or State FFDCA. Although this tolerance will The most recent estimated aggregate Agency from any provision of FIFRA, if expire and is revoked on December 31, risks resulting from the use of EPA determines that ‘‘emergency 2005, under section 408(l)(5) of the thiophanate methyl, are discussed in the conditions exist which require such FFDCA, residues of the pesticide not in Federal Register ofAugust 28, 2002 (67 exemption.’’ This provision was not excess of the amounts specified in the FR 55137) (FRL–7192–1), final rule amended by the Food Quality Protection tolerance remaining in or on fruiting establishing tolerances for residues of Act of 1996 (FQPA). EPA has vegetables after that date will not be thiophanate methyl in/on grapes, pears, established regulations governing such unlawful, provided the pesticide is potatoes, canola, and pistachios. In that emergency exemptions in 40 CFR part applied in a manner that was lawful prior action, risk was estimated 166. under FIFRA, and the residues do not assuming tolerance level residues in all commodities for established and III. Emergency Exemptions for exceed a level that was authorized by proposed tolerances. Available residue Thiophanate Methyl on Fruiting this tolerance at the time of that data indicate that the use pattern for Vegetables and FFDCA Tolerances application. EPA will take action to revoke this tolerance earlier if any these emergency exemptions will not Benomyl has historically been used to experience with, scientific data on, or result in residues of thiophanate methyl control the disease caused by sclerotinia other relevant information on this in fruiting vegetables over 0.5 ppm. sclerotiorum, more commonly known as pesticide indicate that the residues are Therefore, a tolerance is being white mold, timber rot, or sclerotinia not safe. established for this crop group at this stem rot, in fruiting vegetables, Because this tolerance is being level. The risk assessment related to including tomatoes. The recent approved under emergency conditions, incremental addition of these items at cancellation of benomyl has left fruiting EPA has not made any decisions about this level to dietary exposure is vegetable producers in Florida, and whether thiophanate methyl meets discussed below. Refer also to the tomato producers in New Jersey and EPA’s registration requirements for use August 28, 2002 Federal Register Virginia without sufficient means to on fruiting vegetables or whether a document for a detailed discussion of control this disease, and the applicants permanent tolerance for this use would the aggregate risk assessments and claim that there are no other registered be appropriate. Under these determination of safety. EPA relies in fungicides or alternative control circumstances, EPA does not believe part upon that risk assessment and the practices which are effective to control that this tolerance serves as a basis for findings made in the Federal Register this disease. Thiophanate methyl is registration of thiophanate methyl by a document in support of this action. related to benomyl, and degrades to the State for special local needs under Below is a brief summary of the same active compound as benomyl. FIFRA section 24(c). Nor does this aggregate risk assessment. Field trial data also shows thiophanate tolerance serve as the basis for any EPA has evaluated the available methyl to be significantly effective at States other than Florida, New Jersey, or toxicity data and considered its validity, controlling white mold. It is expected Virginia to use this pesticide on this completeness, and reliability as well as that a similar level of control would be crop under section 18 of FIFRA without the relationship of the results of the achieved with thiophanate methyl as following all provisions of EPA’s studies to human risk. EPA has also that achieved in the past with benomyl. regulations implementing FIFRA section considered available information Significant economic losses are 18 as identified in 40 CFR part 166. For concerning the variability of the expected without the requested use of additional information regarding the sensitivities of major identifiable thiophanate methyl. EPA has authorized emergency exemption for thiophanate subgroups of consumers, including under FIFRA section 18 the use of methyl, contact the Agency’s infants and children. A summary of the thiophanate methyl on fruiting Registration Division at the address toxicological dose and endpoints for vegetables in Florida, and tomatoes only provided under FOR FURTHER thiophanate methyl for use in human in New Jersey and Virginia, for control INFORMATION CONTACT. risk assessment is discussed in the final of white mold, also known as timber rot, rule published in the Federal Register or sclerotinia stem rot (sclerotinia IV. Aggregate Risk Assessment and of August 28, 2002 (67 FR 55137) (FRL– sclerotiorum). After having reviewed the Determination of Safety 7192–1). For thiophanate methyl, the submissions, EPA concurs that EPA performs a number of analyses to Agency recently modified the tolerance emergency conditions exist for these determine the risks from aggregate expression, so that the residues to be States. exposure to pesticide residues. For regulated in plant and animal As part of its assessment of this further discussion of the regulatory commodities for purposes of tolerance emergency exemption, EPA assessed the requirements of section 408 of the enforcement will consist of the residues potential risks presented by residues of FFDCA and a complete description of of thiophanate methyl and its metabolite thiophanate methyl in or on fruiting the risk assessment process, see the final methyl 2-benzimidazolyl carbamate, vegetables. In doing so, EPA considered rule on Bifenthrin Pesticide Tolerances expressed as thiophanate methyl. the safety standard in section 408(b)(2) November 26, 1997 (62 FR 62961) (FRL– Exposure from the use of benomyl, of the FFDCA, and EPA decided that the 5754–7). another pesticide which degrades under necessary tolerance under section Consistent with section 408(b)(2)(d) of environmental conditions to MBC was 408(l)(6) of the FFDCA would be the FFDCA , EPA has reviewed the not included in this assessment because consistent with the safety standard and available scientific data and other the only basic registrant of benomyl with FIFRA section 18. Consistent with relevant information in support of this requested voluntary cancellation of all the need to move quickly on the action. EPA has sufficient data to assess benomyl-containing products in April emergency exemption in order to the hazards of thiophanate methyl and 2001. Product cancellations were address an urgent non-routine situation to make a determination on aggregate effective in early 2001 with sales and and to ensure that the resulting food is exposure, consistent with section distribution of benomyl containing

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products ending by December 31, 2001. and its metabolites methyl 2- (blackberries, tomatoes and fruiting However, the Agency conducted a benzimidazolyl carbamate plus 2-amine- vegetables) were included. When dietary assessment using United States 1-H-benzimidazole (MBC+2-AB). calculating risk estimates from MBC+2- Department of Agriculture (USDA) To update the previous risk AB, an FQPA safety factor of 10 was Pesticide Data Program (PDP) assessment, thiophanate-methyl acute applied for all infant and children monitoring data for benomyl, measured and chronic dietary exposure population subgroups. Percent of crop as MBC to estimate residues of assessments were conducted using the treated information was also thiophanate methyl because MBC is a most current version of the Dietary incorporated for most established uses common metabolite of both benomyl Exposure Evaluation Model software and for all of the section 18 uses. and thiophanate methyl. PDP data were with the Food Commodity Intake The acute and chronic dietary risk available for apples, bananas, beans, Database (DEEMTM-FCID), Version 1.3), estimates for thiophanate methyl were cucurbits, peaches and strawberries. which incorporates consumption data <100% of the acute and chronic The PDP analytical method employs a from USDA’s Continuing Surveys of Population Adjusted Doses (aPAD and hydrolysis step that converts any Food Intakes by Individuals (CSFII), cPAD) at the 99.9th exposure percentile benomyl present to MBC. MBC is then 1994–1996/98. The 1998 CSFII survey for the general U.S. population and all quantitated and corrected for molecular focused on children from birth to 9 population subgroups. The acute and weight, and results are measured as the years old and greatly expanded (by chronic dietary risk estimates for MBC sum of benomyl and MBC. Therefore, several fold) the number of children +2-AB were also <100% of the aPAD using MBC data to estimate thiophanate aged birth to 4 years. Importantly, the and cPAD at the 99.9th exposure methyl residues may be a conservative supplemental survey was designed in a percentile for the general U.S. approach in that it may overestimate manner such that the results from the population and all population thiophanate methyl residues. 1998 CSFII survey could be combined Monitoring data on benomyl from the with the 1994–96 survey. The data in subgroups. EPA generally has no PDP were used to estimate dietary this newer CSFII survey (termed the concern for exposures below 100% of exposure to MBC, for apples, apple 1994–1996/98 CSFII) are based on the the PADs, because the PADs represent juice, bananas, succulent beans, reported consumption of more than the level at or below which daily cantaloupes, cucumbers, peaches, 20,000 individuals over two non- aggregate dietary exposure over a strawberries, citrus, and fruiting consecutive survey days and is lifetime will not pose appreciable risks vegetables. considered to be a more appropriate and to human health. The most highly EPA assessed risk scenarios for more robust data set than the 1989–91 exposed subgroup for all risk estimates thiophanate methyl under acute, CSFII survey, which was used in the calculated was children 1–2 years. chronic, and short-term and previous assessment. Table 1 summarizes the percentages intermediate-term exposures. Risk The most current version of DEEMTM- of aPADs and cPADs for all scenarios for estimates were calculated for the FCID was used for all dietary risk the overall U.S. population and for the residues of toxicological concern, the estimates calculated, and existing uses, most highly exposed population parent compound thiophanate methyl, as well as the proposed section 18 uses subgroup (children 1–2 years).

TABLE 1.—ACUTE AND CHRONIC DIETARY RISK ESTIMATES FOR THIOPHANATE METHYL EXISTING AND PROPOSED USES

Population aPAD Utilized cPAD Utilized Subgroup TM MBC +2-AB TM MBC +2-AB U.S. population 6% 2% <1% <1% Children (1–2 years) 22% 58% 2% 10%

The acute drinking water assessment, in chronic DWLOCs for the overall U.S. Short-term aggregate exposure takes based on simultaneous dietary exposure population of 870 ppb, and for children into account residential exposure plus to both MBC and thiophanate methyl (1–2 years) of 22 ppb (the population chronic exposure to food and water (which was converted to MBC subgroup with the lowest DWLOC). All (considered to be a background equivalents) resulted in Drinking Water chronic DWLOCs were well above the exposure level). Thiophanate methyl Levels of Comparison (DWLOCs) for the chronic EEC for ground water of 3 ppb. and MBC are currently registered for overall U.S. population of 5,833 parts The chronic DWLOCs were also above uses that could result in short-term per billion (ppb), and for children (1–2 the chronic EEC for surface water of 23– residential exposure and the Agency has years) of 72 ppb (the population 24 ppb, except for that of the most determined that it is appropriate to subgroup with the lowest DWLOC). All highly exposed subgroup, children (1–2 aggregate chronic food and water and acute DWLOCs were well above the years), which is slightly below the EEC short-term exposures for thiophanate acute Estimated Environmental with a chronic DWLOC of 22 ppb. methyl and MBC. Concentrations (EECs) for ground water However, given the conservative nature All residential exposures are and surface water, at 3 and 44 ppb, of the screening-level approach to considered to be short-term. The respectively estimated drinking water risks, and the Margins of Exposure (MOEs) (converted The chronic drinking water equivalent levels of the chronic DWLOC to MBC equivalents) for aggregate short- assessment, based on simultaneous and EEC (22–23–24 ppb), the Agency term exposure to thiophanate methyl are dietary exposure to both MBC and does not believe this represents a as follows: Oral exposure of children (1– thiophanate methyl (which was significant risk or concern for chronic 6 years) is 670; dermal exposure of converted to MBC equivalents) resulted aggregate exposures. children (1–6 years) is 1,000; and

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dermal exposure of females (13–50 it is based on the maximum rate being VI. Conclusion years) is 1,315. Prior to the application applied every season for 70 years. The Therefore, the tolerance is established rate change agreed to by the registrants risk estimate calculations also assumed for residues of thiophanate methyl and in connection with the Agency’s that the modeled surface water EEC is its metabolite, MBC, expressed as reregistration process evaluation of equivalent to concentrations in finished thiophanate methyl, in or on vegetables, thiophanate methyl, MOEs for aggregate drinking water. Thus, food plus water fruiting, group 8 at 0.5 ppm. exposure to MBC from the use of MBC plus non-occupational residential as an in-can paint preservative were 670 cancer risk is 2.2 x 10-6 which is within VII. Objections and Hearing Requests for dermal exposure and 770 for the range considered as negligible. Under section 408(g) of the FFDCA, as exposure via inhalation. As a result of Therefore, the risks do not exceed the amended by the FQPA, any person may negotiated mitigation measures related Agency’s level of concern. file an objection to any aspect of this to the reregistration review of this Based on these risk assessments, EPA regulation and may also request a chemical, the registrant has now concludes that there is a reasonable hearing on those objections. The EPA lowered the application rate for the in- certainty that no harm will result to the procedural regulations which govern the can paint uses to the extent that the general population, and to infants and submission of objections and requests > MOEs are now acceptable ( 1,000). The children from aggregate exposure to for hearings appear in 40 CFR part 178. MOEs (converted to MBC equivalents) thiophanate methyl and MBC+2-AB Although the procedures in those for the total thiophanate methyl and residues. regulations require some modification to MBC aggregate exposure are as follows: reflect the amendments made to the V. Other Considerations 630 for oral and dermal exposure of FFDCA by the FQPA, EPA will continue children (1–6 years); 770 for exposure A. Analytical Enforcement Methodology to use those procedures, with via inhalation for females (13–50 years); appropriate adjustments, until the and 620 for oral and dermal exposure Adequate enforcement methodology necessary modifications can be made. for females (13–50 years). The aggregate is available to enforce the tolerance The new section 408(g) of the FFDCA short-term exposure to MBC and expression. The method may be provides essentially the same process thiophanate methyl resulting from food, requested from: Chief, Analytical for persons to ‘‘object’’ to a regulation water and residential use exceeds the Chemistry Branch, Environmental for an exemption from the requirement Agency’s level of concern for children Science Center, 701 Mapes Rd., Ft. of a tolerance issued by EPA under new (infants, and 1–6 years), and females Meade, MD 20755–5350; telephone section 408(d) of the FFDCA, as was 13–50 years, due primarily to post- number: (410) 305–2905; e-mail provided in the old sections 408 and application exposures on turf. address:[email protected]. 409 of the FFDCA. However, the period Registrants are performing a hand press B. International Residue Limits for filing objections is now 60 days, study and have submitted a 5–day rather than 30 days. inhalation study to help refine this The Codex Alimentarius Commission assessment. Based on these mitigation has established maximum residue limits A. What Do I Need to Do to File an measures, and the conservative method (MRLs) for thiophanate methyl residues Objection or Request a Hearing? of exposure estimation, the risks do not in/on various plant and animal You must file your objection or exceed the Agency’s level of concern. commodities. Codex MRLs for request a hearing on this regulation in Aggregate cancer risk for U.S. thiophanate methyl are currently accordance with the instructions population. The total thiophanate expressed as MBC. The Codex MRL provided in this unit and in 40 CFR part methyl and MBC+2-AB dietary cancer residue definition and the U.S. tolerance 178. To ensure proper receipt by EPA, risk is 1.1 x 10-6 for existing and definition, previously expressed as only you must identify docket ID number proposed new uses (incorporating the thiophanate methyl, have been OPP–2003–0242 in the subject line on refinements and amortizations as incompatible and will remain the first page of your submission. All previously described). The cancer risk incompatible even with the recent requests must be in writing, and must be from non-occupational residential revision of the U.S. tolerance definition, mailed or delivered to the Hearing Clerk exposure is 1.1 x 10-6. Therefore, since the revised tolerance definition on or before September 22, 2003. aggregate cancer risk is 2.2 x 10-6. This includes both thiophanate methyl and 1. Filing the request. Your objection risk estimate includes cancer risk from MBC. Additionally, there is a 5.0 ppm must specify the specific provisions in both thiophanate methyl and MBC+2- Codex MRL for thiophanate methyl on the regulation that you object to, and the AB on food including all pending uses tomatoes. The 0.5 ppm tolerance for grounds for the objections (40 CFR and section 18 uses, thiophanate methyl fruiting vegetables, including tomatoes, 178.25). If a hearing is requested, the exposure from treating ornamentals, being established by this document will objections must include a statement of thiophanate methyl exposure from not harmonize with Codex. the factual issues(s) on which a hearing performing post-application lawn C. Conditions is requested, the requestor’s contentions activities, and exposure from applying on such issues, and a summary of any paint containing MBC. This is The pesticide, thiophanate methyl evidence relied upon by the objector (40 considered to be a high-end risk may be applied using ground CFR 178.27). Information submitted in scenario since it is not expected that equipment, at a rate of 1 lb. of connection with an objection or hearing someone would treat ornamentals, formulated product (0.7 lb. active request may be claimed confidential by perform high exposure post-application ingredient (a.i.)) per acre, not to exceed marking any part or all of that activities, and apply paint containing 4 lbs. (2.8 lbs. a.i.) per acre per crop. A information as CBI. Information so MBC every year for 70 years. Therefore, maximum of four applications per crop marked will not be disclosed except in this estimate is considered to be a may be made at 7 to 14 day intervals, accordance with procedures set forth in conservative estimate. Additionally, the and a 2–day pre-harvest interval must 40 CFR part 2. A copy of the cancer risk estimate for drinking water be observed. Applications may not be information that does not contain CBI is based on the highest EEC, which is made through any type of irrigation must be submitted for inclusion in the also a very high-end risk estimate since system. public record. Information not marked

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confidential may be disclosed publicly send an electronic copy of your request Agency consideration of voluntary by EPA without prior notice. via e-mail to: [email protected]. consensus standards pursuant to section Mail your written request to: Office of Please use an ASCII file format and 12(d) of the National Technology the Hearing Clerk (1900C), avoid the use of special characters and Transfer and Advancement Act of 1995 Environmental Protection Agency, 1200 any form of encryption. Copies of (NTTAA), Public Law 104–113, section Pennsylvania Ave., NW., Washington, electronic objections and hearing 12(d) (15 U.S.C. 272 note). Since DC 20460–0001. You may also deliver requests will also be accepted on disks tolerances and exemptions that are your request to the Office of the Hearing in WordPerfect 6.1/8.0 or ASCII file established on the basis of a FIFRA Clerk in Rm.104, Crystal Mall #2, 1921 format. Do not include any CBI in your section 18 exemption under section 408 Jefferson Davis Hwy., Arlington, VA. electronic copy. You may also submit an of the FFDCA, such as the tolerance in The Office of the Hearing Clerk is open electronic copy of your request at many this final rule, do not require the from 8 a.m. to 4 p.m., Monday through Federal Depository Libraries. issuance of a proposed rule, the Friday, excluding legal holidays. The requirements of the Regulatory telephone number for the Office of the B. When Will the Agency Grant a Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et Hearing Clerk is (703) 603–0061. seq.) do not apply. In addition, the A request for a hearing will be granted 2. Tolerance fee payment. If you file Agency has determined that this action an objection or request a hearing, you if the Administrator determines that the will not have a substantial direct effect must also pay the fee prescribed by 40 material submitted shows the following: on States, on the relationship between CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue the national government and the States, fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility or on the distribution of power and must mail the fee to: EPA Headquarters that available evidence identified by the responsibilities among the various Accounting Operations Branch, Office requestor would, if established resolve of Pesticide Programs, P.O. Box one or more of such issues in favor of levels of government, as specified in 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account Executive Order 13132, entitled identify the fee submission by labeling uncontested claims or facts to the Federalism (64 FR 43255, August 10, it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual 1999). Executive Order 13132 requires EPA is authorized to waive any fee issues(s) in the manner sought by the EPA to develop an accountable process requirement ‘‘when in the judgement of requestor would be adequate to justify to ensure ‘‘meaningful and timely input the Administrator such a waiver or the action requested (40 CFR 178.32). by State and local officials in the refund is equitable and not contrary to development of regulatory policies that VIII. Statutory and Executive Order the purpose of this subsection.’’ For have federalism implications.’’ ‘‘Policies Reviews additional information regarding the that have federalism implications’’ is waiver of these fees, you may contact This final rule establishes a time- defined in the Executive Order to James Tompkins by phone at (703) 305– limited tolerance under section 408 of include regulations that have 5697, by e-mail at the FFDCA. The Office of Management ‘‘substantial direct effects on the States, [email protected], or by mailing a and Budget (OMB) has exempted these on the relationship between the national request for information to Mr. Tompkins types of actions from review under government and the States, or on the at Registration Division (7505C), Office Executive Order 12866, entitled distribution of power and of Pesticide Programs, Environmental Regulatory Planning and Review (58 FR responsibilities among the various Protection Agency, 1200 Pennsylvania 51735, October 4, 1993). Because this levels of government.’’ This final rule Ave., NW., Washington, DC 20460– rule has been exempted from review directly regulates growers, food 0001. under Executive Order 12866 due to its processors, food handlers, and food If you would like to request a waiver lack of significance, this rule is not retailers, not States. This action does not of the tolerance objection fees, you must subject to Executive Order 13211, alter the relationships or distribution of mail your request for such a waiver to: Actions Concerning Regulations That power and responsibilities established James Hollins, Information Resources Significantly Affect Energy Supply, by Congress in the preemption and Services Division (7502C), Office of Distribution, or Use (66 FR 28355, May provisions of section 408(n)(4) of the Pesticide Programs, Environmental 22, 2001). This final rule does not FFDCA. For these same reasons, the Protection Agency, 1200 Pennsylvania contain any information collections Agency has determined that this rule Ave., NW., Washington, DC 20460– subject to OMB approval under the does not have any ‘‘tribal implications’’ 0001. Paperwork Reduction Act (PRA), 44 as described in Executive Order 13175, 3. Copies for the Docket. In addition U.S.C. 3501 et seq., or impose any entitled Consultation and Coordination to filing an objection or hearing request enforceable duty or contain any with Indian Tribal Governments (65 FR with the Hearing Clerk as described in unfunded mandate as described under 67249, November 6, 2000). Executive Unit VII.A., you should also send a copy Title II of the Unfunded Mandates Order 13175, requires EPA to develop of your request to the PIRIB for its Reform Act of 1995 (UMRA) (Public an accountable process to ensure inclusion in the official record that is Law 104–4). Nor does it require any ‘‘meaningful and timely input by tribal described in Unit I.B.1. Mail your special considerations under Executive officials in the development of copies, identified by the docket ID Order 12898, entitled Federal Actions to regulatory policies that have tribal number OPP–2003–0242, to: Public Address Environmental Justice in implications.’’ ‘‘Policies that have tribal Information and Records Integrity Minority Populations and Low-Income implications’’ is defined in the Branch, Information Resources and Populations (59 FR 7629, February 16, Executive Order to include regulations Services Division (7502C), Office of 1994); or OMB review or any Agency that have ‘‘substantial direct effects on Pesticide Programs, Environmental action under Executive Order 13045, one or more Indian tribes, on the Protection Agency, 1200 Pennsylvania entitled Protection of Children from relationship between the Federal Ave., NW., Washington, DC 20460– Environmental Health Risks and Safety Government and the Indian tribes, or on 0001. In person or by courier, bring a Risks (62 FR 19885, April 23, 1997). the distribution of power and copy to the location of the PIRIB This action does not involve any responsibilities between the Federal described in Unit I.B.1. You may also technical standards that would require Government and Indian tribes.’’ This

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rule will not have substantial direct report containing this rule and other PART 180—[AMENDED] effects on tribal governments, on the required information to the U.S. Senate, relationship between the Federal the U.S. House of Representatives, and ■ 1. The authority citation for part 180 Government and Indian tribes, or on the the Comptroller General of the United continues to read as follows: distribution of power and States prior to publication of this final Authority: 21 U.S.C. 321(q), 346(a) and responsibilities between the Federal rule in the Federal Register. This final 371. Government and Indian tribes, as rule is not a ‘‘major rule’’ as defined by specified in Executive Order 13175. 5 U.S.C. 804(2). ■ 2. Section 180.371 is amended by Thus, Executive Order 13175 does not alphabetically adding the following List of Subjects in 40 CFR Part 180 apply to this rule. commodity to the table in paragraph (b) Environmental protection, IX. Congressional Review Act to read as follows: Administrative practice and procedure, The Congressional Review Act, 5 Agricultural commodities, Pesticides § 180.371 Thiophanate methyl; tolerances U.S.C. 801 et seq., as added by the Small and pests, Reporting and recordkeeping for residues. Business Regulatory Enforcement requirements. * * * * * Fairness Act of 1996, generally provides that before a rule may take effect, the Dated: July 10, 2003. (b) * * * agency promulgating the rule must Deborah McCall, submit a rule report, which includes a Acting Director, Registration Division, Office copy of the rule, to each House of the of Pesticide Programs. Congress and to the Comptroller General ■ Therefore, 40 CFR chapter I is of the United States. EPA will submit a amended as follows:

Expiration/revoca- Commodity Parts per million tion date

******* Vegetable, fruiting, group 8 ...... 0.5 12/31/05

* * * * * and § 401.407(c), temporarily added at Background and Purpose [FR Doc. 03–18499 Filed 7–22–03; 8:45 am] 67 FR 47466, July 19, 2002, effective On July 12, 2001, the Coast Guard BILLING CODE 6560–50–S July 19, 2002, until July 21, 2003, will published a final rule in the Federal continue to be extended through Register [66 FR 36484] amending the December 24, 2003. ratemaking for the Great Lakes Pilotage. DEPARTMENT OF HOMELAND ADDRESSES: The Docket Management The new rates became effective August SECURITY Facility maintains the public docket for 13, 2001. Those rates were challenged in this rulemaking. Comments and District Court by the Lake Pilots Coast Guard material received from the public, as Association, representing the pilots in well as documents mentioned in this District Two. While preparing our 46 CFR Part 401 preamble as being available in the defense, we discovered that we had docket, will become part of this docket inadvertently accounted for delay and [USCG–2002–12840] and will be available for inspection or detention hours in District Two RIN 1625–AA74 (Formerly 2115–AG46) copying at room PL–401 on the Plaza differently from how we had in Districts level of the Nassif Building, 400 One and Three. We also noticed minor Basic Rates and Charges on Lake Erie Seventh Street, SW., Washington, DC, errors in computing the rates in District and the Navigable Waters From between 9 a.m. and 5 p.m., Monday Two. The Coast Guard has recently Southwest Shoal to Port Huron, MI through Friday, except Federal holidays. completed a study that addresses, You may also find this docket on the among other things, the issue of how we AGENCY: Coast Guard, DHS. Internet at http://dms.dot.gov. should count hours of delay and ACTION: Temporary final rule; change of detention when computing bridge-hours effective period. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call in all three Districts. Also the Coast Guard is currently in the process of SUMMARY: The Coast Guard is extending Tom Lawler, Project Manager, Office of adjusting the pilotage rates in all three the effective period for the temporary Great Lakes Pilotage, Coast Guard, Districts. See [USCG–2002–11288]. final rule on basic rates and charges on Commandant (G–MW–1), at 202–267– Lake Erie and the navigable waters from 1241. If you have questions on viewing Discussion of Temporary Rule Southwest Shoal to Port Huron, MI to the docket, call Dorothy Beard, Chief, We did not publish a notice of (District Two, Area 5), to December 24, Dockets, Department of Transportation, proposed rulemaking (NPRM) in order 2003. Extension of the effective period at 202–366–5149. to extend this temporary final rule, and ensures that the pilotage rates in District SUPPLEMENTARY INFORMATION: it takes effect immediately. Delay in Two, Area 5, remain at the current rate Regulatory History implementing this rule would be while the Coast Guard completes its contrary to the public interest. This pending ratemaking project. On July 19, 2002, we published a rulemaking will maintain the status quo DATES: Effective July 18, 2003, temporary final rule entitled ‘‘Basic allowing litigation and associated § 401.407(b), suspended at 67 FR 47466, Rates and Charges on Lake Erie and the rulemaking to be completed. July 19, 2002, effective July 19, 2002, Navigable Waters From Southeast Shoal While not agreeing with the until July 21, 2003, will continue to be to Port Huron, MI’’ in the Federal allegations contained in the complaint suspended through December 24, 2003; Register [67 FR 47464]. of the Lakes Pilots’ Association, for the

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reasons stated, the Coast Guard agreed prepared and may be viewed in the that may result in the expenditure by a to the relief sought in the lawsuit and docket for this project. State, local, or tribal government, in the temporarily restored the rates that were aggregate, or by the private sector of Small Entities effective in Area 5 before August 13, $100,000,000 or more in any one year. 2001. The Coast Guard believes that this Under the Regulatory Flexibility Act Though this rule will not result in such measure was in the best interest of the (5 U.S.C. 601–612), we have considered an expenditure, the effects of this rule public, and mitigated the effects, if any, whether this rule would have a are discussed elsewhere in this of the Coast Guard’s disparate treatment significant economic impact on a preamble. of the pilots in District Two, when substantial number of small entities. Taking of Private Property accounting for hours of delay and The term ‘‘small entities’’ comprises detention. These reasons remain just as small businesses, not-for-profit This rule will not effect a taking of valid today as they were when the organizations that are independently private property or otherwise have temporary final rule was first published. owned and operated and are not taking implications under Executive The Coast Guard sees no benefit to dominant in their fields, and Order 12630, Governmental Actions and restoring the 2001 rates in Area 5. governmental jurisdictions with Interference with Constitutionally Therefore, the Coast Guard finds under populations of less than 50,000. This Protected Property Rights. rule was not preceded by an NPRM and 5 U.S.C. 553(b)(B) and (d)(3), Civil Justice Reform respectively, that neither notice-and- therefore is exempt from the comment rulemaking nor 30 days’ requirements of the Regulatory This rule meets applicable standards notice of effective date is required. Flexibility Act. Although this rule is in sections 3(a) and 3(b)(2) of Executive After the Coast Guard took this action, exempt, we have reviewed it for Order 12988, Civil Justice Reform, to the District Court issued its ruling in the potential economic impact on small minimize litigation, eliminate Lake Pilots Association lawsuit granting entities. ambiguity, and reduce burden. partial summary judgment for each side. Therefore, the Coast Guard certifies Protection of Children The Court’s decision was made under 5 U.S.C. 605(b) that this rule will We have analyzed this rule under considering a number of factors, not have a significant economic impact Executive Order 13045, Protection of including the Coast Guard’s action with on a substantial number of small Children from Environmental Health regard to the pilotage rates in Area 5. entities. Risks and Safety Risks. This rule is not The Lake Pilots Association has Assistance for Small Entities an economically significant rule and appealed the District Court decision. does not create an environmental risk to Maintaining the current rates in Area 5 Small businesses may send comments health or risk to safety that may while the appeal is pending will on the actions of Federal employees disproportionately affect children. facilitate the appellate process. who enforce, or otherwise determine compliance with, Federal regulations to In addition, the Coast Guard has Indian Tribal Governments the Small Business and Agriculture proposed new pilotage rates for all three Regulatory Enforcement Ombudsman This rule does not have tribal Districts, including Area 5 of District and the Regional Small Business implications under Executive Order Two. Maintaining the current Area 5 Regulatory Fairness Boards. The 13175, Consultation and Coordination rates while that ratemaking project is Ombudsman evaluates these actions with Indian Tribal Governments, completed will enable the Coast Guard annually and rates each agency’s because it does not have a substantial to devote its scarce resources to responsiveness to small business. If you direct effect on one or more Indian establishing new rates for all areas, wish to comment on actions by tribes, on the relationship between the rather than engaging in a separate employees of the Coast Guard, call 1– Federal Government and Indian tribes, rulemaking just for Area 5. We will 888–REG–FAIR (1–888–734–3247). or on the distribution of power and therefore continue to devote our energy responsibilities between the Federal to promulgating an interim rule and/or Collection of Information Government and Indian tribes. final rule updating the pilotage rates on This temporary final rule calls for no To help the Coast Guard establish the Great Lakes rather than start a new collection of information under the regular and meaningful consultation separate rulemaking for Area 5. Paperwork Reduction Act of 1995 [44 and collaboration with Indian and Regulatory Evaluation U.S.C. 3501–3520]. Alaskan Native tribes, we published a notice in the Federal Register [66 FR This rule is not a ‘‘significant Federalism 36361 (July 11, 2001)] requesting regulatory action’’ under section 3(f) of A rule has implications for federalism comments on how to best carry out the Executive Order 12866, Regulatory under Executive Order 13132, Order. We invite your comments on Planning and Review, and does not Federalism, if it has a substantial direct how this rule might impact tribal require an assessment of potential costs effect on State or local governments and governments, even if that impact may and benefits under section 6(a)(3) of that would either preempt State law or not constitute a ‘‘tribal implication’’ Order. It has been reviewed by the impose a substantial direct cost of under the Order. Office of Management and Budget under compliance on them. We have analyzed Energy Effects that Order. It is not ‘‘significant’’ under this rule under that Order and have the regulatory policies and procedures determined that it does not have We have analyzed this rule under of Department of Homeland Security implications for federalism. Executive Order 13211, Actions (DHS). Concerning Regulations That We expect the economic impact of Unfunded Mandates Reform Act Significantly Affect Energy Supply, this rule to be so minimal that a full The Unfunded Mandates Reform Act Distribution, or Use. We have Regulatory Assessment under the of 1995 (2 U.S.C. 1531–1538) requires determined that it is not a ‘‘significant regulatory policies and procedures of Federal agencies to assess the effects of energy action’’ under that order because the DHS is unnecessary; however, a their discretionary regulatory actions. In it is not a ‘‘significant regulatory action’’ Regulatory Assessment has been particular, the Act addresses actions under Executive Order 12866 and is not

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likely to have a significant adverse effect Dated: July 18, 2003. service support mechanism, before the on the supply, distribution, or use of T.H. Gilmour, Schools and Libraries Division (SLD) of energy. It has not been designated by the Rear Admiral, U.S. Coast Guard, Assistant the Universal Service Administrative Administrator of the Office of Commandant for Marine Safety, Security and Company (USAC) has issued a Funding Information and Regulatory Affairs as a Environmental Protection. Commitment Decision Letter (FCDL) to significant energy action. Therefore, it [FR Doc. 03–18759 Filed 7–18–03; 4:27 pm] Tennessee for Funding Year 2002. For does not require a Statement of Energy BILLING CODE 4910–15–P the reasons set forth below, we grant Effects under Executive Order 13211. Tennessee’s Petition in part, and instruct USAC to process Tennessee’s Environment FEDERAL COMMUNICATIONS request in accordance with this Order. We have analyzed this temporary COMMISSION II. Discussion final rule under Commandant 47 CFR Part 54 2. We conclude that it is appropriate Instruction M16475.1D, which guides to grant, in part, Tennessee’s request by the Coast Guard in complying with the [CC Docket Nos. 96–45 and 97–21; FCC 03– modifying the Good Samaritan policy in National Environmental Policy Act of 161] this limited instance. We direct USAC 1969 (NEPA) [42 U.S.C. 4321–4370f], to process Tennessee’s application and Request for Immediate Relief Filed by Good Samaritan election in accordance and have concluded that there are no the State of Tennessee; Federal-State with the conditions set forth in this factors in this case that would limit the Joint Board in Universal Service; Order. use of a categorical exclusion under Changes to the Board of Directors of section 2.B.2 of the Instruction. 3. The Commission takes seriously all the National Exchange Carrier allegations of waste, fraud, and abuse. Therefore, this rule is categorically Association, Inc. excluded, under figure 2–1, paragraph We are fully committed to maintaining (34)(a), of the Instruction, from further AGENCY: Federal Communications the integrity of the schools and libraries environmental documentation. An Commission. support mechanism so that we adequately discharge our statutory ‘‘Environmental Analysis Check List’’ ACTION: Final rule. and a ‘‘Categorical Exclusion obligation to preserve and advance Determination’’ are available in the SUMMARY: In this document, the Federal universal service. At the same time, we docket where indicated under the Communications Commission has under recognize that inaction on a funding section of this preamble on ‘‘Public consideration a Request for Immediate request during the pendency of a criminal investigation may have the Participation and Request for Relief filed by the State of Tennessee effect of penalizing parties that are in no Comments’’. We will consider (Tennessee). Tennessee seeks approval way implicated in potential comments on this section before we to change its service provider for wrongdoing. Based on the make the final decision on whether this Funding Year 2002 of the schools and libraries universal service support circumstances presented, we conclude rule should be categorically excluded that it is justified in this instance to from further environmental review. mechanism, before the Schools and Libraries Division (SLD) of the allow Tennessee to substitute service List of Subjects in 46 CFR Part 401 Universal Service Administrative providers for purposes of passing Company (USAC) has issued a Funding through payments to subcontractors. Administrative practice and Commitment Decision Letter (FCDL) to 4. In reaching this decision, we find procedure; Great Lakes; Navigation Tennessee for Funding Year 2002. For several factors persuasive. First, we are (water); Penalties; Reporting and the reasons set forth below, we grant not aware of any allegations of waste, recordkeeping requirements; Seamen. Tennessee’s Petition in part, and fraud, abuse, or other wrongdoing relating to any of the subcontractors that ■ For reasons discussed in the preamble, instruct USAC to process Tennessee’s request. have provided service under the the Coast Guard amends 46 CFR part 401 Education Networks of America, Inc. as follows: FOR FURTHER INFORMATION CONTACT: (ENA) contract, or, for that matter, the Romanda Williams, Attorney, award of the specific ENA contract PART 401—GREAT LAKES PILOTAGE Telecommunications Access Policy itself. The relevant subcontractors have REGULATIONS Division, Wireline Competition Bureau, provided service in good faith to the (202) 418–7400, TTY: (202) 418–0484. schools of Tennessee, in reliance on the ■ 1. Revise the authority citation for part SUPPLEMENTARY INFORMATION: This is a contractual agreement between ENA 401 to read as follows: summary of the Commission’s Order in and Tennessee. Second, in granting the Authority: 46 U.S.C. 2104(a), 6101, 7701, CC Docket Nos. 96–45 and 97–21; FCC requested relief to Tennessee, the risk of 8105, 9303, 9304; Department of Homeland 03–161 released on July 2, 2003. The improperly paying a potential Security Delegation No. 0170.1; 46 CFR full text of this document is available for wrongdoer is diminished because, as 401.105 also issued under the authority of 44 public inspection during regular discussed more fully below, no funds U.S.C. 3507. business hours in the FCC Reference will be paid to ENA pending further Center, Room CY–A257, 445 Twelfth developments in the ongoing ■ 2. In § 401.407, paragraph (b), which Street, SW., Washington, DC, 20554. investigation. Third, we find it was suspended at 67 FR 47464, July 19, significant that Tennessee was not in a 2002, from July 19, 2002, until July 21, I. Introduction position to take any action to protect its 2003, will continue to be suspended 1. The Federal Communications ability to receive universal service through December 24, 2003; and Commission has under consideration a discounts in Funding Year 2002. The paragraph (c), temporarily added at 67 Request for Immediate Relief filed by investigation involving ENA was made FR 47464, July 19, 2002, from July 19, the State of Tennessee (Tennessee). public five months after the 2002, until July 21, 2003, will continue Tennessee seeks approval to change its commencement of the funding year, to be extended through December 24, service provider for Funding Year 2002 long after the filing window for Funding 2003. of the schools and libraries universal Year 2002 has closed, and long after

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Tennessee had entered into a contract and libraries program, the Commission appropriate, disburse funds to the with ENA for that funding year. shall initiate debarment proceedings designated Good Samaritan provider, as 5. We conclude that, in light of the pursuant to the rules adopted in the provided herein. specific circumstances and the Commission’s most recent order relating Federal Communications Commission. enumerated safeguards, it is appropriate to the schools and libraries universal William F. Caton, to apply a modification of the Good service mechanism. Samaritan policy in this instance. We 7. We deny Tennessee’s request that Deputy Secretary. instruct USAC to grant Tennessee’s payments be made to its selected Good [FR Doc. 03–18640 Filed 7–22–03; 8:45 am] request to substitute a common carrier Samaritan provider to cover the salaries BILLING CODE 6712–01–P as its Good Samaritan service provider of certain key ENA employees who are for Funding Year 2002, consistent with necessary to keep the network its existing procedures for Good operational for the remainder of the DEPARTMENT OF COMMERCE Samaritan providers and to process school year. We remain concerned about Tennessee’s funding request. USAC any funds going to persons currently National Oceanic and Atmospheric shall determine whether the selected employed by ENA at this point, Administration common carrier meets its existing especially given the percentage of criteria for identifying a substitute funding that Tennessee asserts is 50 CFR Part 660 service provider. If USAC determines required to pay these individuals. We [Docket No. 021209300–3048–02; I.D. that Tennessee’s application for encourage Tennessee to explore 112502C] Funding Year 2002 otherwise complies alternative arrangements to ensure that with the rules of the schools and its network continues to support the Fisheries off West Coast States and in libraries program, USAC shall issue a educational mission of the state. the Western Pacific; Pacific Coast funding commitment to Tennessee. 8. In reaching this decision, we seek Groundfish Fishery; Groundfish Upon determining that all of the to balance USAC’s proper caution in Fishery Management Measures; invoices submitted by ENA’s acting on a funding request that may be Corrections subcontractors comply with program associated with a law enforcement AGENCY: National Marine Fisheries rules and procedures, USAC then may investigation with the equally important Service (NMFS), National Oceanic and disburse funds to the designated objective of avoiding potentially Atmospheric Administration (NOAA), common carrier for payment to ENA’s harmful effects on third parties. We Commerce. subcontractors. USAC should determine recognize that the circumstances ACTION: Corrections to the 2003 the identities of the subcontractors, their surrounding other investigations may specifications and management portion of the contract, and the portion vary significantly. In granting this measures. associated with services provided by petition, we emphasize the narrowness ENA. USAC should ascertain what of this fact-specific determination. We SUMMARY: NMFS announces corrections services have been rendered, the total do not intend our action today to affect to the Pacific Coast groundfish cost of those services, and the amount the efficient administration of this management measures published on that Tennessee has actually paid for the universal service support mechanism. March 7, 2003. South of 40°10′ N. lat., services rendered. USAC may disburse 9. In conclusion, we emphasize that references to an area between Point funds for services delivered until the we seek to guard against waste, fraud Fermin and Newport South Jetty open end of Funding Year 2002. and abuse, while ensuring that universal during July and August to limited entry 6. We also instruct USAC to set aside service is preserved and advanced. We fixed gear and open access groundfish on ENA’s account any funds that would recognize that the ongoing investigation fisheries is corrected to allow California have been paid to ENA to compensate may call into question compliance with scorpionfish retention. Regulatory it directly for its services under the Commission rules and requirements. If language referring to exempted prawn Tennessee contract, but we do not it is ultimately determined that trawl in the open access fishery is authorize any payment to ENA at this Tennessee, ENA, or other party has clarified to only allow fishing inside the time. We do not know how long the violated any program requirements, the Rockfish Conservation Area (RCA) north pending investigation may continue, Commission shall take all appropriate of 40°10′ N. lat. as stated in the trip limit and cannot predict its ultimate actions to address that wrongdoing, tables (Table 5 (North) and Table 5 resolution. Absent an indictment or including, if merited, seeking (South)). This action also includes a other public action, it may be difficult reimbursement of disbursed funds. It correction to latitude and longitude to determine whether the relevant remains incumbent upon the applicant coordinates for the RCA 75 fm (137 m) authorities have concluded their to ensure its compliance with all boundary. Typographical errors were investigation. We therefore cannot program rules. But we decline to corrected for these coordinates in a specify at this time the circumstances relegate the Tennessee Funding Year previous correction published on April under which it would be appropriate for 2002 application to limbo indefinitely, 15, 2003, to the final rule but Tennessee or ENA to petition for during the pendency of this ongoing erroneously omitted in the most recent reimbursement of funds owed to ENA investigation. inseason action published on July 7, for services rendered pursuant to ENA’s 2003). Funding Year 2002 contract with III. Ordering Clause Tennessee. At the same time, we 10. Pursuant to sections 1–4, and 254 DATES: Effective 0001 hours local July expressly contemplate that ENA should of the Communications Act of 1934, 47 22, 2003, until the 2004 annual have the opportunity to make its case at U.S.C. 151–154 and 254, and § 54.503 of specifications and management some future date that the remaining the Commission’s rules, that the Petition measures are effective, unless modified, funds should be released to it for for Immediate Relief filed by the State superseded, or rescinded through a services rendered. If, however, ENA of Tennessee on April 17, 2003, is publication in the Federal Register. ultimately is found either civilly or granted to the extent provided herein. ADDRESSES: Submit comments to D. criminally liable for any actions arising We instruct SLD to process Tennessee’s Robert Lohn, Administrator, Northwest out of its participation in the schools Funding Year 2002 application and, if Region, NMFS, 7600 Sand Point Way

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NE, Seattle, WA 98115–0070; or Rod of Regulations at Title 14, Section 27.82 (21) 48°06.93′ N. lat., 125°11.48′ W. McInnis, Acting Administrator, (d)(2), was that this area should be open long.; Southwest Region, NMFS, 501 West to limited entry fixed gear and open (22) 48°04.98′ N. lat., 125°10.02′ W. Ocean Blvd, Suite 4200, Long Beach, CA access fixed gear for all Federal long.; 90802–4213. groundfish species, except all rockfish, * * * * * FOR FURTHER INFORMATION CONTACT: lingcod and ocean whitefish (Note: Jamie Goen (Northwest Region, NMFS), Ocean whitefish is managed by the State ■ 2. On page 11217, in section IV., under phone: 206–526–6140; fax: 206–526– of California). This area is intended to B. Limited Entry Fishery, paragraph (1) 6736; and e-mail: [email protected]. be open during July-August to allow is revised to read as follows: vessels to intercept California SUPPLEMENTARY INFORMATION: scorpionfish that are spawning on the IV. NMFS Actions Electronic Access sandy flats.’’ However, language B. Limited Entry Fishery This Federal Register document is allowing California scorpionfish to be (1) General. Most species taken in available on the Government Printing retained in the Pt. Fermin/Newport Office′s website at: http:// South Jetty area during the July through limited entry fisheries will be managed www.access.gpo.gov/suldocs/ca/docs/ August opening was inadvertently left with cumulative trip limits (see aces/aces140.html. Background out of the May 6, 2003 correction. Since paragraph IV.A.(1)(d),) size limits (see information and documents are California scorpionfish is a species of paragraph IV.A.(6)), seasons (see available at the NMFS Northwest Region rockfish, the language in the May 6, paragraph IV.A.(7)), and areas that are website at: http://www.nwr.noaa.gov/ 2003 inseason action prohibits fishing closed to specific gear types. The trawl 1sustfsh/gdfsh01.htm and at the Pacific for all rockfish in the Pt. Fermin/ fishery has gear requirements and trip Fishery Management Council′s website Newport South Jetty area, including limits that differ by the type of trawl at: http://www.pcouncil.org. mistakenly prohibiting fishing for gear on board (see paragraph IV.A.(14)). California scorpionfish. This document Cowcod retention is prohibited in all Background corrects the error by specifying that fisheries and groundfish vessels The Pacific Coast groundfish fishing for California scorpionfish is operating south of Point Conception specifications and management permitted during the Pt. Fermin/ must adhere to CCA restrictions (see measures for the 2003 fishing year Newport South Jetty opening. paragraph IV.A.(19)). Yelloweye (January 1–December 31, 2003) were In addition, regulatory language in the rockfish retention is prohibited in the initially published in the Federal open access fishery section of the limited entry fixed gear fisheries. Most Register as an emergency rule for management measures (paragraph of the management measures for the January 1–February 28, 2003 (68 FR 908, IV.C.(1)) referring to exempted prawn limited entry fishery are listed above January 7, 2003) and as a proposed rule trawl in the open access fishery is and in the following tables: Table 3 for March 1–December 31, 2003 (68 FR clarified in this document to only allow (North), Table 3 (South), Table 4 936, January 7, 2003). The emergency fishing inside and retention of (North), and Table 4 (South). rule was amended at 68 FR 4719, groundfish caught in the Rockfish Conservation Area (RCA) north of 40°10′ A header in Table 3 (North), Table 3 January 30, 2003, and the final rule for (South), Table 4 (North) and Table 4 March 1–December 31, 2003 was N. lat. as stated in the trip limit tables (Table 5 (North) and Table 5 (South)). (South) generally describes the Rockfish published in the Federal Register on Conservation Area (i.e., closed area) for March 7, 2003 (68 FR 11182). The final NMFS Actions vessels participating in the limited entry rule has been subsequently amended at ■ fishery. The RCA boundaries are 68 FR 18166 (April 15, 2003), at 68 FR For the reasons stated herein, NMFS announces the following corrections to defined by latitude and longitude 23901 (May 6, 2003), at 68 FR 23924 coordinates (See paragraph IV.A.(19), (May 6, 2003), at 68 FR 32680 (June 2, the 2003 specifications and management measures (68 FR 11182 (March 7, 2003), earlier) [Note: Between a line drawn due 2003), 68 FR 35575 (June 16, 2003) and ° ′ ″ as amended at 68 FR 18166 (April 15, south from Point Fermin (33 42 30 N. at 68 FR 40187 (July 7, 2003). lat.; 118°17′ 30″ W. long.) and a line Management measures for the Pacific 2003), at 68 FR 23901 (May 6, 2003), at 68 FR 23924 (May 6, 2003), at 68 FR drawn due west from the Newport Coast groundfish fishery, effective South Jetty (33°35′37″ N. lat.; 117°52′50″ March 1–December 31, 2003 (68 FR 32680 (June 2, 2003) at 68 FR 35575 (June 16, 2003) and at 68 FR 40187 (July 7, W. long.,) vessels fishing for all Federal 11182, March 7, 2003), contain errors in groundfish species, except lingcod and which species are subject to the limited 2003)) to read as follows: * * * * * all rockfish other than California entry fixed gear and open access Pt. scorpionfish, with hook-and-line and/or Fermin/Newport South Jetty area (also PART 660—[CORRECTED] trap (or pot) gear may operate from known as Huntington Flats) opening shore to a seaward boundary line which during July through August. The ■ 1. On page 11206, in section IV., under approximates 50 fm (91 m) in the inseason action published on May 6, A. General Definitions and Provisions, months of July and August.] 2003 (68 FR 23901), initially corrected paragraph (19)(e)(ii) is corrected to read the Pt. Fermin/Newport South Jetty area as follows: Management measures may be opening from applying to all Federal (ii) The 75–fm (137–m) depth contour changed during the year by groundfish species to applying to all used north of 40°10′ N. lat. as an eastern announcement in the Federal Register. Federal groundfish species, except all boundary for the trawl RCA is defined However, the management regimes for rockfish and lingcod. The correction in by straight lines connecting all of the several fisheries (nontrawl sablefish, the inseason action published on May 6, following points in the order stated: Pacific whiting, and black rockfish) do 2003, stated, ‘‘The intent of California’s * * * * * not neatly fit into these tables and are California Rockfish Conservation Area (19) 48°05.91′ N. lat., 125°08.30′ W. addressed immediately following Table proposal presented to the Pacific long.; 3 (North), Table 3 (South), Table 4 Council at its September 2002 meeting, (20) 48°07.00′ N. lat., 125°09.80′ W. (North), and Table 4 (South). as well as language in California’s Code long.; * * * * *

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■ 3. On page 11221, in section IV., under IV. NMFS Actions B. Limited Entry Fishery, at the end of B. Limited Entry Fishery paragraph (1), Table 4 (South) is revised to read as follows: (1) * * * BILLING CODE 3510–22–S

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* * * * * fisheries and groundfish vessels RCAs are detailed in the exempted trawl ■ 4. On page 11222, in section IV., under operating south of Point Conception gear sections at the bottom of Table 5 C. Trip Limits in the Open Access must adhere to CCA restrictions (see (North) and Table 5 (South). Retention Fishery, paragraph (1) is revised to read paragraph IV.A.(19)). Retention of of groundfish caught by exempted trawl as follows: yelloweye rockfish and canary rockfish gear is prohibited in the designated ° ′ RCAs, except that pink shrimp trawl IV. NMFS Actions and, south of 40 10 N. lat., bocaccio is prohibited in all open access fisheries. and, north of 40°10′ N. lat., prawn trawl C. Trip Limits in the Open Access The trip limits, size limits, seasons, and may retain groundfish caught both Fishery other management measures for open inside and outside the trawl RCA (1) General. Open access gear is gear access groundfish gear, including subject to the limits in Table 5 (North) used to take and retain groundfish from exempted trawl gear, are listed in Table and Table 5 (South). Retention of a vessel that does not have a valid 5 (North) and Table 5 (South). A header groundfish caught by salmon troll gear permit for the Pacific Coast groundfish in Table 5 (North) and Table 5 (South) is prohibited in the designated RCAs, fishery with an endorsement for the gear approximates the RCA (i.e., closed area) except that salmon trollers may retain used to harvest the groundfish. This for vessels participating in the open yellowtail rockfish caught both inside includes longline, trap, pot, hook-and- access fishery. [Note: Between a line and outside the non-trawl RCA subject line (fixed or mobile), setnet and drawn due south from Point Fermin to the limits in Table 5 (North). The trip trammel net (south of 38° N. lat. only), (33°42′ 30″ N. lat.; 118°17′ 30″ W. long.) limit at 50 CFR 660.323(a)(1) for black and exempted trawl gear (trawls used to and a line drawn due west from the rockfish caught with hook-and-line gear target non-groundfish species: pink Newport South Jetty (33°35′37″ N. lat.; also applies. (The black rockfish limit is shrimp or prawns, and, south of Pt. 117°52′50″ W. long.,) vessels fishing for repeated at paragraph IV.B.(4).) Arena, CA (38°57′30″ N. lat.), CA all Federal groundfish species, except * * * * * halibut or sea cucumbers). Unless lingcod and all rockfish other than ■ 5. On page 11225, in section IV., under otherwise specified, a vessel operating California scorpionfish, with hook-and- C. Trip Limits in the Open Access in the open access fishery is subject to, line and/or trap (or pot) gear may Fishery, at the end of paragraph (1), and must not exceed any trip limit, operate from shore to a seaward Table 5 (South) is revised to read as frequency limit, and/or size limit for the boundary line which approximates 50 follows: open access fishery. Groundfish species fm (91 m) in the months of July and taken in open access fisheries will be August.] For vessels participating in IV. NMFS Actions managed with cumulative trip limits exempted trawl fisheries, the RCAs are C. Trip Limits in the Open Access (see paragraph IV.A.(1)(d)), size limits the same as those for limited entry trawl Fishery (see paragraph IV.A.(6)), seasons (see gear, except that pink shrimp and, north paragraph IV.A.(7)), and closed areas. of 40°10′ N. lat., prawn trawl are not (1) * * * Cowcod retention is prohibited in all subject to the RCA. Exempted trawl gear * * * * *

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* * * * * FOR FURTHER INFORMATION CONTACT: Classification Mary Furuness, 907–586–7228. Authority: 16 U.S.C. 1801 et seq. This action responds to the best SUPPLEMENTARY INFORMATION: Dated: July 17, 2003. NMFS available information recently obtained manages the groundfish fishery in the Rebecca Lent, from the fishery. The Assistant GOA exclusive economic zone Deputy Assistant Administrator for Administrator for Fisheries, NOAA according to the Fishery Management Regulatory Programs, National Marine (AA), finds good cause to waive the Fisheries Service. Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North requirement to provide prior notice and [FR Doc. 03–18731 Filed 7–22–03; 8:45 am] opportunity for public comment BILLING CODE 3510–22–C Pacific Fishery Management Council under authority of the Magnuson- pursuant to the authority set forth at 5 Stevens Fishery Conservation and U.S.C. 553(b)(B) as such requirement is DEPARTMENT OF COMMERCE Management Act. Regulations governing contrary to the public interest. This fishing by U.S. vessels in accordance requirement is contrary to the public National Oceanic and Atmospheric with the FMP appear at subpart H of 50 interest as it would delay the closure of Administration CFR part 600 and 50 CFR part 679. the fishery, lead to exceeding the 2003 The 2003 TAC of pelagic shelf TAC for pelagic shelf rockfish in the 50 CFR Part 679 rockfish for the West Yakutat District Western Yakutat District of the GOA, [Docket No. 021122286–3036–02; I.D. was established as 640 metric tons (mt) and therefore reduce the public’s ability 071803A] by the final 2003 harvest specifications to use and enjoy the fishery resource. for groundfish in the GOA (68 FR 9924, The AA also finds good cause to Fisheries of the Exclusive Economic March 3, 2003). waive the 30-day delay in the effective Zone off Alaska; Pelagic Shelf In accordance with § 679.20(d)(1)(i), date of this action under 5 U.S.C. Rockfish in the West Yakutat District of the Administrator, Alaska Region, 553(d)(3). This finding is based upon the Gulf of Alaska NMFS (Regional Administrator), has the reasons provided above for waiver of AGENCY: National Marine Fisheries determined that the 2003 TAC for prior notice and opportunity for public Service (NMFS), National Oceanic and pelagic shelf rockfish in the West comment. Yakutat District will be reached. Atmospheric Administration (NOAA), This action is required by § 679.20 Commerce. Therefore, the Regional Administrator is and is exempt from review under ACTION: Closure. establishing a directed fishing allowance of 630 mt, and is setting aside Executive Order 12866. SUMMARY: NMFS is prohibiting directed the remaining 10 mt as bycatch to Authority: 16 U.S.C. 1801 et seq. fishing for pelagic shelf rockfish in the support other anticipated groundfish Dated: July 18, 2003. West Yakutat District of the Gulf of fisheries. In accordance with Alaska (GOA). This action is necessary § 679.20(d)(1)(iii), the Regional John H. Dunnigan to prevent exceeding the 2003 total Administrator finds that this directed Director, Office of Sustainable Fisheries, allowable catch (TAC) of pelagic shelf fishing allowance will soon be reached. National Marine Fisheries Service. rockfish in this area. Consequently, NMFS is prohibiting [FR Doc. 03–18729 Filed 7–18–03; 3:49 am] DATES: Effective 1200 hrs, Alaska local directed fishing for pelagic shelf BILLING CODE 3510–22–S time (A.l.t.), July 20, 2003, through 2400 rockfish in the West Yakutat District of hrs, A.l.t., December 31, 2003. the GOA.

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DEPARTMENT OF COMMERCE Plan for Groundfish of the Gulf of Classification Alaska (FMP) prepared by the North This action responds to the best National Oceanic and Atmospheric Pacific Fishery Management Council Administration available information recently obtained under authority of the Magnuson- from the fishery. The Assistant Stevens Fishery Conservation and 50 CFR Part 679 Administrator for Fisheries, NOAA Management Act. Regulations governing (AA), finds good cause to waive the [Docket No. 021122286–3036–02; I.D. fishing by U.S. vessels in accordance requirement to provide prior notice and 071803C] with the FMP appear at subpart H of 50 opportunity for public comment CFR part 600 and 50 CFR part 679. pursuant to the authority set forth at 5 Fisheries of the Exclusive Economic The 2003 TAC of northern rockfish for U.S.C. 553(b)(B) as such requirement is Zone Off Alaska; Northern Rockfish in the Western Regulatory Area was contrary to the public interest. This the Western Regulatory Area of the requirement is contrary to the public Gulf of Alaska established as 890 metric tons (mt) by the final 2003 harvest specifications for interest as it would delay the closure of AGENCY: National Marine Fisheries groundfish in the GOA (68 FR 9924, the fishery, lead to exceeding the 2003 Service (NMFS), National Oceanic and March 3, 2003). TAC for northern rockfish in the Western Regulatory Area of the GOA, Atmospheric Administration (NOAA), In accordance with § 679.20(d)(1)(i), Commerce. and therefore reduce the public’s ability the Administrator, Alaska Region, to use and enjoy the fishery resource. ACTION: Closure. NMFS (Regional Administrator), has The AA also finds good cause to determined that the 2003 TAC for SUMMARY: NMFS is prohibiting directed waive the 30–day delay in the effective fishing for northern rockfish in the northern rockfish in the Western date of this action under 5 U.S.C. Western Regulatory Area of the Gulf of Regulatory Area will be reached. 553(d)(3). This finding is based upon Alaska (GOA). This action is necessary Therefore, the Regional Administrator is the reasons provided above for waiver of to prevent exceeding the 2003 total establishing a directed fishing prior notice and opportunity for public allowable catch (TAC) of northern allowance of 740 mt, and is setting aside comment. rockfish in this area. the remaining 150 mt as bycatch to This action is required by § 679.20 and is exempt from review under DATES: Effective 1200 hrs, Alaska local support other anticipated groundfish Executive Order 12866. time (A.l.t.), July 20, 2003, through 2400 fisheries. In accordance with hrs, A.l.t., December 31, 2003. § 679.20(d)(1)(iii), the Regional Authority: 16 U.S.C. 1801 et seq. Administrator finds that this directed FOR FURTHER INFORMATION CONTACT: Josh Dated: July 18, 2003. fishing allowance will soon be reached. Keaton, 907–586–2778. John H. Dunnigan, Consequently, NMFS is prohibiting SUPPLEMENTARY INFORMATION: NMFS Director, Office of Sustainable Fisheries, directed fishing for northern rockfish in manages the groundfish fishery in the National Marine Fisheries Service. the Western Regulatory Area of the GOA exclusive economic zone [FR Doc. 03–18730 Filed 7–18–03; 3:49 pm] GOA. according to the Fishery Management BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 68, No. 141

Wednesday, July 23, 2003

This section of the FEDERAL REGISTER source under the Clean Air Act as version of the rule that was submitted contains notices to the public of the proposed amended in 1990 (CAA or the Act). We to EPA. issuance of rules and regulations. The are taking comments on this proposal FOR FURTHER INFORMATION CONTACT: purpose of these notices is to give interested and plan to follow with a final action. persons an opportunity to participate in the Yvonne Fong, EPA Region IX, (415) DATES: rule making prior to the adoption of the final Any comments must arrive by 947–4117. rules. August 22, 2003. ADDRESSES: Mail comments to Andy SUPPLEMENTARY INFORMATION: Steckel, Rulemaking Office Chief (AIR– Throughout this document, ‘‘we,’’ ‘‘us’’ ENVIRONMENTAL PROTECTION 4), U.S. Environmental Protection and ‘‘our’’ refer to EPA. AGENCY Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901 Table of Contents 40 CFR Part 52 or e-mail to [email protected]. I. The State’s Submittal A. What rule did the State submit? [CA 279–0406; FRL–7534–5] You can inspect copies of the submitted SIP revision and EPA’s B. Are there other versions of this rule? Revisions to the California State technical support document (TSD) at C. What is the purpose of the rule revision? II. EPA’s Evaluation and Action Implementation Plan, South Coast Air our Region IX office during normal business hours. You may also see copies A. How is EPA evaluating the rule? Quality Management District B. Does the rule meet the evaluation of the submitted SIP revision at the criteria? AGENCY: Environmental Protection following locations: C. Public comment and final action. Agency (EPA). California Air Resources Board, III. Background information ACTION: Proposed rule. Stationary Source Division, Rule A. Why was this rule submitted? Evaluation Section, 1001 ‘‘I’’ Street, IV. Statutory and Executive Order Reviews SUMMARY: EPA is proposing to approve Sacramento, CA 95814. a revision to the South Coast Air Quality South Coast Air Quality Management I. The State’s Submittal Management District (SCAQMD) portion District, 21865 E. Copley Drive, A. What Rule Did the State Submit? of the California State Implementation Diamond Bar, CA 91765. Plan (SIP). This revision concerns A copy of the rule may also be Table 1 lists the rule addressed by this oxides of nitrogen (NOX) emissions from available via the Internet at http:// proposal with the dates that it was mobile sources, specifically marine www.arb.ca.gov/drdb/drdbltxt.htm. adopted by the local air agency and vessels. We are proposing to approve a Please be advised that this is not an EPA submitted by the California Air local rule to regulate this emission website and may not contain the same Resources Board (CARB).

TABLE 1.—SUBMITTED RULE

Rule Local agency No. Rule title Adopted Submitted

SCAQMD ...... 1631 Pilot Credit Generation Program for Marine Vessels ...... 10/04/02 ... 12/12/02

On February 7, 2003, this rule to travel beyond district waters twice Amendments of 1990 Implementation of submittal was found to meet the per year for maintenance or repair. The Title I; Proposed Rule,’’ (the NOX completeness criteria in 40 CFR part 51 MSERCs can be used by stationary Supplement), 57 FR 55620, November appendix V, which must be met before sources in the SCAQMD’s Regional 25, 1992. formal EPA review. Clean Air Incentive Market (RECLAIM) 2. ‘‘Issues Relating to VOC Regulation program to meet declining emission Cutpoints, Deficiencies, and B. Are There Other Versions of This limits. The TSD has more information Deviations,’’ EPA, May 25, 1988 (the Rule? about this rule. Bluebook). We approved a version of Rule 1631 3. ‘‘Guidance Document for Correcting into the SIP on February 7, 2002. The II. EPA’s Evaluation and Action Common VOC & Other Rule SCAQMD adopted revisions to the SIP- A. How Is EPA Evaluating the Rule? Deficiencies,’’ EPA Region 9, August 21, approved version on October 4, 2002 2001 (the Little Bluebook). and CARB submitted them to us on Generally, SIP rules must be 4. ‘‘Improving Air Quality with December 12, 2002. enforceable (see section 110(a) of the Economic Incentive Programs,’’ January Act) and must not relax existing 2001, Office of Air and Radiation, EPA– C. What Is the Purpose of the Rule requirements (see sections 110(l) and 452/R–01–001. This guidance document Revision? 193). applies to discretionary economic The rule revision will allow mobile Guidance and policy documents that incentive programs (EIPs) and source emission reduction credits we used to define specific evaluation represents the agency’s interpretation of (MSERCs) to be generated from marine criteria include the following: what EIPs should contain in order to vessel engine remanufacture, in 1. ‘‘State Implementation Plans; meet the requirements of the CAA. addition to engine replacement, and Nitrogen Oxides Supplement to the Because this guidance is non-binding will allow participating marine vessels General Preamble; Clean Air Act and does not represent final agency

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action, EPA is using the guidance as an IV. Statutory and Executive Order absence of a prior existing requirement initial screen to determine whether Reviews for the State to use voluntary consensus approvability issues arise. Under Executive Order 12866 (58 FR standards (VCS), EPA has no authority 51735, October 4, 1993), this proposed to disapprove a SIP submission for B. Does the Rule Meet the Evaluation failure to use VCS. It would thus be Criteria? action is not a ‘‘significant regulatory action’’ and therefore is not subject to inconsistent with applicable law for We believe this rule is consistent with review by the Office of Management and EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission the relevant policy and guidance Budget. For this reason, this action is that otherwise satisfies the provisions of regarding enforceability, SIP relaxations, also not subject to Executive Order the Clean Air Act. Thus, the and EIPs. The TSD has more 13211, ‘‘Actions Concerning Regulations requirements of section 12(d) of the information on our evaluation. That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May National Technology Transfer and C. Public Comment and Final Action 22, 2001). This proposed action merely Advancement Act of 1995 (15 U.S.C. proposes to approve state law as 272 note) do not apply. This proposed Because EPA believes the submitted meeting Federal requirements and rule does not impose an information rule fulfills all relevant requirements, imposes no additional requirements collection burden under the provisions we are proposing to fully approve it as beyond those imposed by state law. of the Paperwork Reduction Act of 1995 described in section 110(k)(3) of the Act. Accordingly, the Administrator certifies (44 U.S.C. 3501 et seq.). We will accept comments from the that this proposed rule will not have a List of Subjects in 40 CFR Part 52 public on this proposal for the next 30 significant economic impact on a Environmental protection, Air days. Unless we receive convincing new substantial number of small entities pollution control, Intergovernmental information during the comment period, under the Regulatory Flexibility Act (5 relations, Nitrogen dioxide, Ozone, we intend to publish a final approval U.S.C. 601 et seq.). Because this rule Reporting and recordkeeping action that will incorporate this rule proposes to approve pre-existing requirements. into the federally enforceable SIP. requirements under state law and does not impose any additional enforceable Authority: 42 U.S.C. 7401 et seq. III. Background Information duty beyond that required by state law, Dated: July 9, 2003. A. Why Was This Rule Submitted? it does not contain any unfunded Wayne Nastri, mandate or significantly or uniquely Regional Administrator, Region IX. NO helps produce ground-level X affect small governments, as described [FR Doc. 03–18739 Filed 7–22–03; 8:45 am] ozone, smog and particulate matter, in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P which harm human health and the of 1995 (Pub. L. 104–4). environment. Section 110(a) of the CAA This proposed rule also does not have requires states to submit regulations that tribal implications because it will not DEPARTMENT OF THE INTERIOR control NOX emissions. Table 2 lists have a substantial direct effect on one or some of the national milestones leading more Indian tribes, on the relationship Fish and Wildlife Service to the submittal of these local agency between the Federal Government and Indian tribes, or on the distribution of NOX rules. 50 CFR Part 16 power and responsibilities between the RIN 1018–AI87 TABLE 2.—OZONE NONATTAINMENT Federal Government and Indian tribes, MILESTONES as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This Review of Information Concerning Silver Carp (Hypophthalmichthys Date Event action also does not have Federalism implications because it does not have molitrix) March 3, 1978 EPA promulgated a list of substantial direct effects on the States, AGENCY: Fish and Wildlife Service, ozone nonattainment on the relationship between the national Interior. areas under the Clean Air government and the States, or on the ACTION: Proposed rule; notice of inquiry. Act as amended in 1977. distribution of power and 43 FR 8964; 40 CFR responsibilities among the various SUMMARY: The U.S. Fish and Wildlife 81.305. levels of government, as specified in Service is reviewing available economic May 26, 1988 EPA notified Governors that Executive Order 13132 (64 FR 43255, and biological information on silver parts of their SIPs were in- carp (Hypophthalmichthys molitrix) for adequate to attain and August 10, 1999). This action merely maintain the ozone stand- proposes to approve a state rule possible addition of that species to the ard and requested that implementing a Federal standard, and list of injurious wildlife under the Lacey they correct the defi- does not alter the relationship or the Act. The importation and introduction ciencies (EPA’s SIP-Call). distribution of power and of silver carp into the natural See section 110(a)(2)(H) responsibilities established in the Clean ecosystems of the United States may of the pre-amended Act. Air Act. This proposed rule also is not pose a threat to agriculture, horticulture, November 15, Clean Air Act Amendments subject to Executive Order 13045 forestry, the health and welfare of 1990. of 1990 were enacted. ‘‘Protection of Children from human beings, and the welfare and Pub. L. 101–549, 104 Environmental Health Risks and Safety survival of wildlife and wildlife Stat. 2399, codified at 42 resources in the United States. Listing U.S.C. 7401–7671q. Risks’’ (62 FR 19885, April 23, 1997), silver carp as injurious would prohibit May 15, 1991 Section 182(a)(2)(A) requires because it is not economically that ozone nonattainment significant. their importation into, or transportation areas correct deficient In reviewing SIP submissions, EPA’s between, the continental United States, RACT rules by this date. role is to approve state choices, the District of Columbia, Hawaii, the provided that they meet the criteria of Commonwealth of Puerto Rico, or any the Clean Air Act. In this context, in the territory or possession of the United

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States, with limited exceptions. This (nutrient rich) water bodies and as a Individual respondents may request that document seeks comments from the food fish (Fuller, et al, 1999). By the we withhold their home address from public to aid in determining if a mid-1970s, silver carp were being raised the rulemaking record, which we will proposed rule is warranted. at six Federal, State, and private honor to the extent allowable by law. DATES: Comments must be submitted on facilities, and had been stocked in There also may be circumstances in or before September 22, 2003. several municipal sewage lagoons by the which we would withhold from the ADDRESSES: Comments may be mailed late 1970s. Silver carp have been rulemaking record a respondent’s or sent by fax to the Chief, Division of recorded in 12 States. identity, as allowable by law. If you Environmental Quality, U.S. Fish and The Lacey Act (18 U.S.C. 42) and its wish us to withhold your name and/or Wildlife Service, 4401 North Fairfax implementing regulations in 50 CFR address, you must state this Drive, Suite 322, Arlington, VA 22203; part 16 restrict the importation into or prominently at the beginning of your fax (703) 358–1800. You may also send the transportation between the comment. However, we will not comments by electronic mail (e-mail) to: continental United States, the District of consider anonymous comments. We [email protected]. See the Public Columbia, Hawaii, the Commonwealth will make all submissions from Comments Solicited section below for of Puerto Rico, or any territory or organizations or businesses, and from file format and other information about possession of the United States of any individuals identifying themselves as electronic filing. species of wildlife, or eggs thereof, representatives or officials of determined to be injurious or FOR FURTHER INFORMATION CONTACT: Kari organizations or businesses, available potentially injurious to certain interests, Duncan, Division of Environmental for public inspection in their entirety. including those of agriculture, Quality, Branch of Invasive Species at horticulture, forestry, the health and Authority: This notice is issued under the (703) 358–2464 or authority of the Lacey Act (18 U.S.C. 42). welfare of human beings, and the [email protected]. welfare and survival of wildlife and Dated: June 27, 2003. SUPPLEMENTARY INFORMATION: On wildlife resources in the United States. Craig Manson, October 16, 2002, the U.S. Fish and However, injurious wildlife may be Assistant Secretary for Fish, Wildlife and Wildlife Service received a petition imported by permit for zoological, Parks. requesting that bighead carp, black carp, educational, medical, or scientific [FR Doc. 03–18654 Filed 7–22–03; 8:45 am] and silver carp be considered for purposes in accordance with permit BILLING CODE 4310–55–P inclusion in the injurious wildlife regulations at 50 CFR 16.22, or by regulations pursuant to the Lacey Act. Federal agencies without a permit solely The petitioners expressed concern that for their own use. If the process initiated DEPARTMENT OF COMMERCE silver carp could invade the Great Lakes by this notice results in the addition of from the Mississippi River basin, where silver carp to the list of injurious National Oceanic and Atmospheric they are established, through a wildlife contained in 50 CFR part 16, Administration manmade ship and sanitary canal. The their importation into the United States petitioners, 25 members of Congress would be prohibited except under the 50 CFR Part 679 representing the Great Lakes region, are conditions, and for the purposes, concerned that silver carp, because they described above. [Docket No. 030314059–3173–02; I.D. are voracious eaters, may impact food This notice solicits economic, 062003A] supplies available to native fisheries in biological, or other information RIN 0648–AQ48 the Great Lakes, which are already concerning silver carp. The information struggling against other invasive will be used to determine if the species Fisheries of the Exclusive Economic species. The petitioners also noted that is a threat, or potential threat, to those Zone (EEZ) Off Alaska; Salmon the Great Lakes fisheries are valued at interests of the United States delineated Fisheries off the Coast of Alaska approximately $4 billion, and resource above, and thus warrants addition to the managers have spent decades trying to list of injurious wildlife in 50 CFR AGENCY: National Marine Fisheries restore and protect them. 16.13. Service (NMFS), National Oceanic and Silver carp are native to several major Atmospheric Administration (NOAA), Pacific drainages in eastern Asia from Public Comments Solicited Commerce. the Amur River of far eastern Russia, Please send comments to Chief, ACTION: Proposed rule; request for south through much of the eastern half Division of Environmental Quality, U.S. comments. of China to the Pearl River, possibly Fish and Wildlife Service, 4401 North including northern Vietnam. Silver carp Fairfax Drive, Suite 322, Arlington, VA SUMMARY: NMFS proposes to correct the are filter feeders capable of eating large 22030. Comments may be hand- definition of the area in which salmon amounts of phytoplankton. They also delivered to the above address or faxed fishing regulations implementing the feed on zooplankton, bacteria, and to (703) 358–1800. If you submit Fishery Management Plan for the detritus (loose material produced comments by e-mail, please submit Salmon Fisheries in the EEZ off the directly from disintegration processes). comments as an ASCII file format and Coast of Alaska (Salmon FMP) apply, to They prefer standing or slow-flowing avoid the use of special characters and remove the words ‘‘high seas’’ wherever water of impoundments or river encryption. Please include ‘‘Attn: [RIN they appear in the salmon fishing backwaters ranging in temperature from 1018–AI87]’’ and your name and return regulations, and to remove an obsolete 43 to 82 °F. They can grow to maximum address in your e-mail message. Please reference to the North Pacific Fisheries lengths of about 40 inches and weigh up note that this email address will be Act of 1954 from the salmon fishing to 110 pounds. They reach sexual closed at the termination of this public regulations. This action is necessary to maturity at about 18 inches and can live comment period. make the regulations consistent with the up to 20 years. Our practice is to make comments, area definition approved by the Silver carp were imported into the including names and home addresses of Secretary of Commerce (Secretary) in United States in 1973 and stocked for respondents, available for public review Amendment 3 to the Salmon FMP. The phytoplankton control in eutrophic during regular business hours. intended effect of this action is

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regulatory consistency with the jurisdiction of the Salmon FMP over TABLE 1. PROPOSED CHANGES TO provisions of Amendment 3 to the waters of the EEZ west of 175° E. long. REGULATORY TEXT. Salmon FMP and improved The Secretary approved Amendment 3 conservation and management of the to the FMP in 1990 and published a Existing text Proposed text salmon fisheries off the coast of Alaska. final rule on November 15, 1990 (55 FR DATES: Comments must be received no 47773) implementing associated (i) Fishery Manage- (i) Fishery Manage- later than August 22, 2003. measures and removing all the specific ment Plan for the ment Plan for the management measures from 50 CFR part Salmon Fishery in Salmon Fishery in ADDRESSES: Comments may be sent to the EEZ off the the EEZ off the Sue Salveson, Assistant Administrator, 674. The 1990 implementing regulations Coast of Alaska Coast of Alaska Sustainable Fisheries Division, Alaska unintentionally omitted the new title of (Salmon (Salmon FMP) Region, NMFS, P.O. Box 21668, Juneau, the FMP and the extension of the FMP).Regulations (1) Regulations in this AK 99802–1668, (Attn: Lori Durall). geographic jurisdiction of the FMP. No in this part govern part govern fishing Hand or courier deliveries of comments public comment was received on this or fishing for salmon for salmon by fish- may be sent to NMFS, Alaska Region, on any of the other changes made by by fishing vessels ing vessels of the of the United States United States in the 709 West 9th Street, Room 420, Juneau, Amendment 3, and the entire amendment was non-controversial. in the EEZ seaward Salmon Manage- AK 99801. Comments also may be sent of Alaska east of ment Area. via facsimile (fax) to 907–586–7557. In compliance with required 175° E. long., re- (2) State of Alaska Comments will not be accepted if consolidation of all Federal fishery ferred to as the laws and regula- submitted via e-mail or the Internet. regulations pursuant to President High Seas Salmon tions that are con- Copies of the Regulatory Impact Clinton’s Regulatory Reform Initiative, Management Area. sistent with the Review (RIR) may be obtained from the NMFS Alaska Region combined all Salmon FMP and Alaska Region, NMFS, P.O. Box 21668, existing fisheries regulations for the EEZ with the regulations Juneau, AK 99802 1668, Attn: Lori off Alaska, including part 674, into a in this part apply to Gravel-Durall. new 50 CFR part 679 (62 FR 19686, vessels of the April 23, 1997). This final rule United States that FOR FURTHER INFORMATION CONTACT: are fishing for Patsy A. Bearden, 907–586–7228 or recodified the two regulatory provisions salmon in the e-mail at [email protected]. that NMFS erroneously failed to revise Salmon Manage- SUPPLEMENTARY INFORMATION: in its 1990 rulemaking that ment Area. implemented Amendment 3. Moreover, Background NMFS erred again in the regulatory Section 679.2 Definitions The salmon fishery in the EEZ off the consolidation by redefining the ‘‘High Seas Salmon Management Area’’ as ‘‘the The definitions of ‘‘High Seas Salmon Coast of Alaska is managed pursuant to Management Area,’’ ‘‘Commercial the Salmon FMP prepared by the North portion of the EEZ off Alaska east of 175° E. long.’’ This new error reinstated fishing,’’ paragraph (1),’’ ‘‘personal use Pacific Fishery Management Council fishing,’’ and ‘‘Optimum yield,’’ (Council) under the authority of the the definition of the Salmon FMP management area effective prior to paragraph (1) would be revised to Magnuson-Stevens Fishery remove the term ‘‘high seas’’ which was Conservation and Management Act, 16 approval of Amendment 3 by eliminating waters west of 175 degrees made obsolete by approval of U.S.C. 1801 et seq. Implementing Amendment 3. regulations originally appeared at 50 east longitude from the management CFR part 674. area. Consequently, the current Section 679.3 Relation to Other Laws regulations implementing the Salmon The original Salmon FMP provided The heading of § 679.3(f), § 679.3(f)(1), FMP fail to give regulatory effect to the for the management of the salmon and § 679.3(f)(3) would be revised to expansion of geographic jurisdiction fisheries throughout the EEZ off the remove ‘‘High Seas Salmon’’ and add in adopted in Amendment 3. coast of Alaska except for the extreme its place ‘‘Salmon.’’ western part of the EEZ west of 175° E. A correction notice was published (67 long., near Attu Island. The Council FR 44093, July 1, 2002) to change the Section 679.4 Permits excluded this extreme western part of name of the Salmon FMP as it appears Section 679.4 would be revised to the EEZ because this area was under the in 50 CFR 679.1(i) to be consistent with remove the term ‘‘High Seas Salmon’’ in jurisdiction of the International the Salmon FMP as amended and 26 places where the term occurs in Convention for the High Sea Fisheries of approved by the Secretary. headings and paragraphs. the North Pacific Ocean. The original This action proposes to correct the name of the salmon FMP was the second omission in the regulations in Section 679.7 Prohibitions ‘‘Fishery Management Plan for the High order to completely implement The heading for § 679.7(h) would be Seas Salmon Fishery off the Coast of Amendment 3, by revising the language revised to remove the term ‘‘High Seas Alaska East of 175 Degrees East that describes the geographic Salmon’’ and add in its place ‘‘Salmon.’’ Longitude.’’ jurisdiction of the Salmon FMP as Section 679.7(h)(1) would be removed Over time, the international regime described in Amendment 3. because it refers to the North Pacific affecting salmon fisheries changed and This action also incorporates other Fisheries Act of 1954, 16 U.S.C. 1021– the Council revisited its salmon changes. The specific changes proposed 1035, which is no longer in effect. management policies. In 1989, the by this action are as follows: Paragraph (h)(2) would be redesignated Council adopted Amendment 3 to the as introductory paragraph (h) and would Section 679.1 Purpose and Scope FMP which, among other things, be revised to remove the term ‘‘High renamed the FMP to ‘‘Fishery Section 679.1(h) would be revised to Seas Salmon’’ and add in its place Management Plan for the Salmon remove the reference to 175° E. long., ‘‘Salmon.’’ Fisheries in the EEZ off the Coast of and to restate the application of State of Figure 23 to 50 CFR part 679 would Alaska,’’ deferred regulation of the Alaska regulations consistent with the be added to present a map showing the salmon fisheries in the EEZ to the State approved Salmon FMP, as shown in the location of the Salmon Management of Alaska, and extended the geographic following table. Area.

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Classification Coast of Alaska (Salmon FMP). (1) W.) It includes the EEZ in the Bering This proposed rule has been Regulations in this part govern fishing Sea, Chukchi Sea, and Beaufort Sea, as determined to be not significant for for salmon by fishing vessels of the well as the EEZ in the North Pacific purposes of Executive Order 12866. United States in the Salmon Ocean west of Cape Suckling. Management Area. The Chief Counsel for Regulation of (2) The East Area is the area of the (2) State of Alaska laws and the Department of Commerce certified EEZ off the coast of Alaska east of the regulations that are consistent with the ° ′ ″ to the Chief Counsel for Advocacy of the longitude of Cape Suckling (143 53 36 Salmon FMP and with the regulations in Small Business Administration that this W.). this part apply to vessels of the United proposed rule, if adopted, would not * * * * * States that are fishing for salmon in the have a significant economic impact on 4. In § 679.7, paragraph (h) is revised Salmon Management Area. a substantial number of small entities. to read as follows: The proposed rule would extend the * * * * * jurisdiction of the Salmon Fishery 3. In § 679.2 , the definition for ‘‘High § 679.7 Prohibitions. Management Plan (FMP) to the EEZ Seas Salmon Management Area’’ is * * * * * waters west of 175° E. long, so that it is removed; the definitions for (h) Salmon fisheries. (1) Fish for, take, consistent with the provisions of ‘‘Commercial fishing,’’ paragraph (1); or retain any salmon in violation of this Amendment 3 to the FMP. This ‘‘Optimum yield’’ paragraph (1); and part.(2) Engage in fishing for salmon in proposed rule will have no effect on any ‘‘Personal use fishing,’’ are revised and the Salmon Management Area defined small entities because there is no the definition for ‘‘Salmon Management at § 679.2 and Figure 23 to this part, domestic salmon fishery in these waters, Area’’ is added, alphabetically to read as except to the extent authorized by there has not been any domestic salmon follows: § 679.4(h). fishing in these waters for 40 years, and § 679.2 Definitions. * * * * * NMFS expects no salmon fishing to * * * * * §§679.3 and 679.4 [Amended] develop in these waters in the forseeable Commercial fishing means: future. As a result, an initial regulatory (1) For purposes of the salmon 5. In addition to the amendment set flexibility analysis was not prepared. fishery, fishing for salmon for sale or out above, in 50 CFR part 679, remove the words ‘‘High Sea Salmon’’ and add List of Subjects in 50 CFR Part 679 barter. in their place the word ‘‘Salmon’’ in the * * * * * Alaska, Fisheries, International following places: Optimum yield means: organizations, Recordkeeping and a. In § 679.3: reporting. (1) With respect to the Salmon Fishery, that amount of any species of The heading for paragraph (f), Dated: July 17, 2003. salmon that will provide the greatest introductory text, (f)(1), and (f)(3). Rebecca Lent, overall benefit to the Nation, with b. In § 679.4: Deputy Assistant Administrator for particular reference to food production Paragraph (a)(1)(v), Regulatory Programs, National Marine and recreational opportunities, as The heading and paragraph (h) Fisheries Service. specified in the Salmon FMP. introductory text, For the reasons set out in the * * * * * Paragraphs (h)(1), (h)(1)(iii), (h)(3), preamble, 50 CFR part 679 is proposed Personal use fishing means, for (h)(4), (h)(5)(i), (h)(5)(i)(A), (h)(5)(i)(B), to be amended as follows: purposes of the salmon fishery, fishing (h)(5)(i)(C), (h)(5)(ii), (h)(6) introductory text, (h)(6)(iv), (h)(7)(i), (h)(8), (h)(10), PART 679—FISHERIES OF THE other than commercial fishing. EXCLUSIVE ECONOMIC ZONE OFF * * * * * The heading for paragraph (h)(13) ALASKA Salmon Management Area means the introductory text, waters of the EEZ off the coast of Alaska Paragraphs (h)(13)(i), (h)(13)(ii)(A), 1. The authority citation for 50 CFR (see Figure 23 to part 679), including (h)(13)(ii)(E), (h)(14)(i), (h)(15)(i), part 679 continues to read as follows: parts of the North Pacific Ocean, Bering (h)(15)(iii), (h)(15)(vii), (h)(16)(i). Sea, Chukchi Sea, and Beaufort Sea. The Authority: 16 U.S.C. 773 et. seq., 1801 et. § 679.4 [Amended] seq., and 3631 et. seq. Salmon Management Area is divided 2. In § 679.1, paragraph (i) is revised into a West Area and an East Area with 6. In § 679.4(h)(2), remove the words to read as follows: the border between the two at the ‘‘High Seas Management Area’’ and add longitude of Cape Suckling (143 53′36″ in their place the words ‘‘Salmon § 679.1 Purpose and scope. W): Management Area.’’ * * * * * (1) The West Area is the area of the 7. In part 679, Figure 23 is added to (i) Fishery Management Plan for the EEZ off the coast of Alaska west of the read as follows: Salmon Fisheries in the EEZ off the longitude of Cape Suckling (143°53′36″ BILLING CODE 3510–22–S

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[FR Doc. 03–18734 Filed 7–22–03; 8:45 am] BILLING CODE 3510–22–C

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Notices Federal Register Vol. 68, No. 141

Wednesday, July 23, 2003

This section of the FEDERAL REGISTER Act (5 U.S.C. 601–612) and thus is Section 14(f) of the Act provides that contains documents other than rules or exempt from the provisions of that Act. commodity only schools shall be proposed rules that are applicable to the This notice has been determined to be eligible to receive donated foods equal public. Notices of hearings and investigations, exempt under Executive Order 12866. in value to the sum of the national committee meetings, agency decisions and average value of donated foods rulings, delegations of authority, filing of National Average Minimum Value of petitions and applications and agency established under section 6(c) of the Act Donated Foods for the Period July 1, and the national average payment statements of organization and functions are 2003 Through June 30, 2004 examples of documents appearing in this established under section 4 of the Act section. This notice implements mandatory (42 U.S.C. 1753). Such schools are provisions of sections 6(c), 14(f) and eligible to receive up to 5 cents per meal 17(h)(1)(B) of the National School of this value in cash for processing and DEPARTMENT OF AGRICULTURE Lunch Act (the Act) (42 U.S.C. 1755(c), handling expenses related to the use of 1762a(f), and 1766(h)(1)(B)). Section such commodities. Food and Nutrition Service 6(c)(1)(A) of the Act establishes the Commodity only schools are defined national average value of donated food in section 12(d)(2) of the Act (42 U.S.C. Food Distribution Program: Value of assistance to be given to States for each 1760(d)(2)) as ‘‘schools that do not Donated Foods From July 1, 2003 lunch served in NSLP at 11.00 cents per participate in the school lunch program Through June 30, 2004 meal. Pursuant to section 6(c)(1)(B), this under this Act, but which receive AGENCY: Food and Nutrition Service, amount is subject to annual adjustments commodities made available by the USDA. as of July 1 of each year to reflect Secretary for use by such schools in nonprofit lunch programs.’’ For school ACTION: Notice. changes in a three-month average value of the Price Index for Foods Used in year 2004, commodity only schools SUMMARY: This notice announces the Schools and Institutions for March, shall be eligible to receive donated food national average value of donated foods April, and May each year (Price Index). assistance valued at 36.75 cents for each or, where applicable, cash in lieu of Section 17(h)(1)(B) of the Act provides free, reduced price, and paid lunch donated foods, to be provided in school that the same value of donated foods (or served. This amount is based on the year 2004 for each lunch served by cash in lieu of donated foods) for school sum of the section 6(c) level of schools participating in the National lunches shall also be established for assistance announced in this notice and School Lunch Program (NSLP), and for lunches and suppers served in CACFP. the adjusted section 4 minimum each lunch and supper served by Notice is hereby given that the national national average payment factor for institutions participating in the Child average minimum value of donated school year 2004. The section 4 factor and Adult Care Food Program (CACFP). foods, or cash in lieu thereof, per lunch for commodity only schools does not It also announces the national average under NSLP (7 CFR part 210) and per include the two cents per lunch increase value of donated foods to be provided lunch and supper under CACFP (7 CFR for schools where 60 percent of the in school year 2004 for each lunch part 226) shall be 15.75 cents for the lunches served in the school lunch served by commodity only schools. period July 1, 2003 through June 30, program in the second preceding school EFFECTIVE DATE: July 1, 2003. 2004. year were served free or at reduced FOR FURTHER INFORMATION CONTACT: The Price Index is computed using prices, because that increase is Suzanne Rigby, Chief, Schools and five major food components in the applicable only to schools participating Institutions Branch, Food Distribution Bureau of Labor Statistics Producer in NSLP. Division, Food and Nutrition Service, Price Index (cereal and bakery products; Authority: Sections 6(c)(1)(A) and (B), U.S. Department of Agriculture, 3101 meats, poultry and fish; dairy products; 6(e)(1), 14(f) and 17(h)(1)(B) of the National Park Center Drive, Alexandria, Virginia processed fruits and vegetables; and fats School Lunch Act, as amended (42 U.S.C. 22302, or telephone (703) 305–2644. and oils). Each component is weighted 1755(c)(1)(A) and (B) and 6(e)(1), 1762a(f), and 1766(h)(1)(B)). SUPPLEMENTARY INFORMATION: These using the relative weight as determined programs are listed in the Catalog of by the Bureau of Labor Statistics. The Dated: July 17, 2003. Federal Domestic Assistance under Nos. value of food assistance is adjusted each Theodore O. Bell, 10.550, 10.555, and 10.558 and are July 1 by the annual percentage change Acting Administrator. subject to the provisions of Executive in a three-month average value of the [FR Doc. 03–18716 Filed 7–22–03; 8:45 am] Order 12372, which requires Price Index for March, April and May BILLING CODE 3410–30–U intergovernmental consultation with each year. The three-month average of State and local officials. (See 7 CFR part the Price Index increased by 4 percent 3015, subpart V, and final rule related from 133.79 for March, April and May DEPARTMENT OF AGRICULTURE notice published at 48 FR 29114, June of 2002 to 139.09 for the same three 24, 1983.) months in 2003. When computed on the Forest Service This notice imposes no new reporting basis of unrounded data and rounded to Bridger-Teton National Forest; or recordkeeping provisions that are the nearest one-quarter cent, the Pinedale Ranger District; WY; subject to Office of Management and resulting national average for the period Environmental Impact Statement for Budget review in accordance with the July 1, 2003 through June 30, 2004 will the Upper Green River Area Rangeland Paperwork Reduction Act of 1995 (44 be 15.75 cents per meal. This is an Project U.S.C. 3507). This action is not a rule increase of 0.50 cents from the school as defined by the Regulatory Flexibility year 2003 rate. AGENCY: Forest Service, USDA.

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ACTION: Notice of intent to prepare an Alternative B: Proposed Action implementing either Alternative A or environmental impact statement. The Forest Service proposes to Alternative B. Under this alternative, authorize grazing use within the project domestic livestock grazing in all six SUMMARY: The Department of area under updated grazing management allotments of the project area would be Agriculture, Forest Service, will prepare direction, in order to move existing phased out over several years as existing an Environmental Impact Statement rangeland resource conditions toward Term Grazing Permits expire. (EIS) to analyze the effects of domestic the desired conditions that will be Responsible Official livestock grazing in the upper Green developed by an interdisciplinary team. Craig Trulock, District Ranger, River area. The analysis contained in The updated direction would be Pinedale Ranger District, PO Box 220, the EIS will be used by the Responsible incorporated in respective allotment Pinedale, Wyoming 82941. Official to decide whether or not, and management plans (AMP’s) to guide how, livestock grazing would be grazing management within the project Nature of Decision To Be Made authorized on the grazing allotments area. New Allotment Management Plans The decision, which is based on this within the project area. The project area (AMP’s) would be developed for the is located in western Wyoming; analysis, will be to decide if livestock Badger Creek, Beaver-Twin Creeks, will be allowed to graze on the approximately 30 miles northwest of Noble Pastures, and Wagon Creek Pinedale, Wyoming near the Green allotment complex, either through the allotments, and the existing AMP’s for implementation of the proposed action, River Lakes. The majority of the project the Roaring Fork and Upper Green River area lies within Sublette County, with or an alternative to the proposed action. allotments would be updated as a result The decision would include any small portions that extend into Teton of this action. Grazing management and Fremont counties. The entire mitigation measures needed in addition strategies would be developed or to those prescribed in the Forest Plan. 162,800 acre project area lies within the revised in accordance with the Code of boundaries of the Pinedale Ranger Federal Regulations (CFR), 36 CFR Scoping Process District. The project area is comprised 222.1(b)(2), which describes allotment The following methods were used to on the following six grazing allotments: management planning provisions. invite the public to participate in this Badger Creek, Beaver-Twin Creeks, Current grazing management strategies project: A scoping letter was mailed to Noble Pastures, Roaring Fork, Upper would be maintained where resource those listed on the Bridger-Teton Green River, and Wagon Creek. objectives are being achieved, and new National Forest’s general mailing list on DATES: Comments concerning the scope management strategies would be February 10, 2000. The mailing list of the analysis must be received by implemented in areas where resource included private landowners, term August 25, 2003. The draft objectives have not been met. Rotational grazing permit holders, special interest environmental impact statement is grazing systems would be initiated in groups, interested members of the expected in September of 2003 and the the Badger Creek, Beaver-Twin Creeks, public, and local, state, and federal final environmental impact statement is and Roaring Fork allotments and agencies. The letter described the expected in January of 2004. modified, as needed, in the remaining proposed action, the purpose and need ADDRESSES: Send written comments to allotments to ensure desired conditions for the project, the process that would Craig Turlock, District Ranger, Pinedale are reached. be followed for completing the Ranger District, Box 220, Pinedale, Possible Alternatives environmental analysis, and the scope Wyoming 82941. For further of the decision to be made. information, mail correspondence to Alternative A—Grazing as Currently Additionally, the letter solicited public mailroom r4 bridger [email protected] and Permitted (No Action Alternative) participation in the process, specifically on the subject line, put only ‘‘Upper Although allotment management the submission of comments, concerns, Green Grazing Allotments’’. plans (AMP’s) would be prepared for and recommendations regarding each of the six allotments, the grazing management of the six allotments in the FOR FURTHER INFORMATION CONTACT: management practices specified for the project area. Craig Turlock, District Ranger, Pinedale allotments with existing AMP’s would Term grazing permit holders, or their Ranger District, (see ADDRESSES above). not be changed. The Upper Green River representatives, were contacted shortly SUPPLEMENTARY INFORMATION: and Roaring Fork allotments would after the project was initiated to solicit Purpose and Need for Action continue to operate under the guidelines their input concerning management of specified in AMP’s that are over 25 the six allotments within the project The purpose of this analysis is to years old, and season-long grazing area. determine if livestock grazing is would persist in the Badger Creek and The Forest Service is seeking appropriate within the analysis area. If Beaver-Twin Creeks allotments. In information, comments, and assistance livestock grazing is appropriate, there addition, no new utilization standards from individuals, organizations, tribal may be a need to update and/or refine would be initiated to move existing governments, and federal, state, and desired rangeland conditions and resource conditions in the project area local agencies interested in or affected develop new management prescriptions toward the desired future conditions by this project. Comments submitted on to meet them. Integral to this is a need (DFC’s) specified in the Forest Plan. the 2000 scoping effort and any new to confirm or attain compliance and comments will be used to prepare the consistency of this analysis and its Alternative C—No Grazing by Domestic Draft Environmental Impact Statement resultant decision with legal mandates, Livestock (No Grazing Alternative) (DEIS). Public participation will be including the National Environmental Alternative C would eliminate solicited by notifying in person and/or Policy Act of 1976 (NEPA), as well as livestock grazing in the project area. by mail known interested and affected policy direction, including the Bridger- This alternative was developed to publics. News releases will be used to Teton National Forest Land and demonstrate the effects that eliminating give the public general notice. Public Resource Management Plan (Forest domestic cattle grazing would have on participation activities would include Plan). To date the Forest Service has the environment and to more clearly requests for written comments. Scoping identified three alternatives. illustrate the potential effects of includes: (1) Identifying potential

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issues, (2) narrowing the potential 1334, 1338 (E.D. Wis. 1980). Because of Schools and Community Self- issues and identifying significant issues these court rulings, it is very important Determination Act—Title II projects. of those that have been covered by prior that those interested in this proposed All Olympic Province Advisory environmental review, (3) exploring action participate by the close of the 45 Committee Meetings are open to the alternatives in addition to No Action, day comment period so that substantive public. Interested citizens are and (4) identifying potential comments and objections are made encouraged to attend. environmental effects of the proposed available to the Forest Service at a time FOR FURTHER INFORMATION CONTACT: action and alternatives. when it can meaningfully consider them Direct questions regarding this meeting and respond to them in the final Preliminary Issues to Ken Eldredge, Province Liaison, environmental impact statement. USDA, Olympic National Forest The Forest Service has identified the To assist the Forest Service in Headquarters, 1835 Black Lake Blvd., following potential issues. Through the identifying and considering issues and Olympia, WA 98512–5623, (360) 956– 2000 scoping effort, issues have been concerns on the proposed action, 2323 or Dale Hom, Forest Supervisor, at refined. Public input is especially comments on the draft environmental (306) 956–2301. valuable here. It will help us determine impact statement should be as specific Dated: July 17, 2003. which of these merit detailed analysis. as possible. It is also helpful if Dale Hom, It will also help identify additional comments refer to specific pages or issues related to the proposed action chapters of the draft statement. Forest Supervisor, Olympic National Forest. that may not be listed here. Comments may also address the [FR Doc. 03–18676 Filed 7–22–03; 8:45 am] Issue 1—Effects of livestock grazing adequacy of the draft environmental BILLING CODE 3410–01–M on riparian and aquatic function. impact statement or the merits of the Issue 2—Effects of livestock grazing alternatives formulated and discussed in on Threatened, Endangered and the statement. Reviewers may wish to Sensitive species. refer to the Council on Environmental COMMISSION ON CIVIL RIGHTS Issue 3—The social and economic Quality Regulations for implementing Agenda and Notice of Public Meeting effects of authorizing livestock grazing the procedural provisions of the of the Arkansas and Mississippi in the area. National Environmental Policy Act at 40 Issue 4—Effects of livestock grazing Advisory Committee CFR 1503.3 in addressing these points. on rangeland function. Comments received, including the Notice is hereby given, pursuant to Comment Requested names and addresses of those who the provisions of the rules and This notice of intent initiates the comment, will be considered part of the regulations of the U.S. Commission on scoping process which guides the public record on this proposal and will Civil Rights, that a conference call of the development of the environmental be available for public inspection. Arkansas and Mississippi Advisory impact statement. (Authority: 40 CFR 1501.7 and 1508.22; Committees will convene at 1:30 p.m. Forest Service Handbook 1909.15, Section and adjourn at 3 p.m. (CDT) on Early Notice of Importance of Public 21) Wednesday, August 20, 2003. The Participation in Subsequent Dated: July 11, 2003 purpose of the conference call is to Environmental Review discuss the civil rights ‘‘Listening Tour’’ Craig P. Trulock, A draft environmental impact meeting to be held in November. District Ranger. statement will be prepared for comment. This conference call is available to the The comment period on the draft [FR Doc. 03–18685 Filed 7–22–03; 8:45 am] public through the following call-in environmental impact statement will be BILLING CODE 3410–11–M number: 1–800–659–1109, access code 45 days from the date the #18042828. Any interested member of Environmental Protection Agency the public may call this number and DEPARTMENT OF AGRICULTURE publishes the notice of availability in listen to the meeting. Callers can expect the Federal Register. Forest Service to incur charges for calls not initiated The Forest Service believes, at this using the supplied call-in number or early stage, it is important to give Olympic Provincial Advisory over wireless lines and the Commission reviewers notice of several court rulings Committee will not refund any incurred charges. related to public participation in the Callers will incur no charge for calls environmental review process. First, AGENCY: Forest Service, USDA. using the call-in number over land-line reviewers of draft environmental impact ACTION: Notice of meeting. connections. Persons with hearing statements must structure their impairments may also follow the participation in the environmental SUMMARY: The Olympic Provincial proceedings by first calling the Federal review of the proposal so that it is Advisory Committee (OPAC) will meet Relay Service at 1–800–977–8339 and meaningful and alerts an agency to the on Friday, August 15, 2003. The providing the Service with the reviewer’s position and contentions, meeting will be held at the Forest conference call number and access code. Vermont Yankee Nuclear Power Corp. v. Service Conference Room at the Forest To ensure that the Commission NRDC, 435 U.S. 519, 553 (1978). Also, Service Quinault office in Quinault, secures an appropriate number of lines environmental objections that could be Washington. The meeting will begin at for the public, persons are asked to raised at the draft environmental impact 9:30 a.m. and end at approximately 3 register by contacting Farella E. statement stage but that are not raised p.m. Agenda topics are: Current status Robinson, Civil Rights Analyst of the until after completion of the final of key Forest issues; Owl management Central Regional Office 913–551–1400 environmental impact statement may be update; Washington State Department of (TDD 913–551–1414), by 3 p.m. on waived or dismissed by the courts. City Natural Resources management on the Friday, August 15, 2003. of Angoon v. Hodel, 803 F.2d 1016, Olympic Peninsula; Open forum; Public The meeting will be conducted 1022 (9th Cir. 1986) and Wisconsin comments; and field trip to review two pursuant to the provisions of the rules Heritages, Inc. v. Harris, 490 F. Supp. recently completed Secure Rural and regulations of the Commission.

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Dated at Washington, DC July 15, 2003. information under the provisions of the DC 20230 (or via the Internet at Ivy L. Davis, Paperwork Reduction Act (44 U.S.C. [email protected]). Chief, Regional Programs Coordination Unit. Chapter 35). Written comments and [FR Doc. 03–18715 Filed 7–22–03; 8:45 am] Agency: Office of the Secretary, Office recommendations for the proposed BILLING CODE 6335–01–P of Civil Rights. information collection should be sent Title: Request for Reasonable within 30 days of publication of this Accommodation. notice to David Rostker, OMB Desk COMMISSION ON CIVIL RIGHTS Form Number(s): CD–575. Officer, Room 10202, New Executive OMB Approval Number: None. Office Building, Washington, DC 20503. Agenda and Notice of Public Meeting Type of Review: Regular submission. Dated: July 17, 2003. of the New York Advisory Committee Burden Hours: 2. Number of Respondents: 20. Gwellnar Banks, Notice is hereby given, pursuant to Average Hours Per Response: 7 Management Analyst, Office of the Chief the provisions of the rules and minutes. Information Officer. regulations of the U.S. Commission on Needs and Uses: Under the [FR Doc. 03–18656 Filed 7–22–03; 8:45 am] Civil Rights, that a conference call of the Rehabilitation Act of 1973, Federal BILLING CODE 3510–BP–P New York Advisory Committee to the agencies must provide reasonable Commission will convene at 9:10 a.m. accommodation to qualified employees and adjourn at 10:40 a.m. on Thursday, or applicants with disabilities, unless to DEPARTMENT OF COMMERCE August 7, 2003. The purpose of the do so would cause the undue hardship. conference call is to discuss and The Department will provide reasonable International Trade Administration approve draft report on the SAC’s May accommodation to a qualified Proposed Information Collection; 21st forum and to decide on the steps individual with a disability who is an: Comment Request; Internet Export to complete this draft. Applicant who needs an Finance Matchmaker This conference call is available to the accommodation in order to be public through the following call-in considered for a job (any change to a job ACTION: Notice. number: 1–800–659–8292, access code: application process that enables a 18094622. Any interested member of the qualified applicant with a disability to SUMMARY: The Department of public may call this number and listen be considered for the position such Commerce, as part of its continuing to the meeting. Callers can expect to qualified applicant desires); employee effort to reduce paperwork and incur charges for calls not initiated who needs an accommodation to enable respondent burdens, invites the general using the supplied call-in number or him or her to perform the essential public and other Federal agencies to over wireless lines and the Commission functions of the job or to gain access to take this opportunity to comment on the will not refund any incurred charges. the workplace (any change to the work continuing information collections, as Callers will incur no charge for calls environment, or to the manner or required by the Paperwork Reduction using the call-in number over land-line circumstances under which the position Act of 1995, Public Law 104–13 (44 connections. Persons with hearing held or desired is customarily U.S.C. 3506(c)(2)(A)). impairments may also follow the performed, that enables a qualified DATES: Written comments must be proceedings by first calling the Federal individual with a disability to perform submitted on or before September 22, Relay Service at 1–800–977–8339 and the essential functions of that position); 2003. providing the Service with the or employee who needs an ADDRESSES: Direct all written comments conference call number and contact accommodation to enjoy equal benefits to Diana Hynek, Departmental name. and privileges of employment (that Paperwork, Clearance Officer, To ensure that the Commission which enables an employee with a Department of Commerce, Room 6625, secures an appropriate number of lines disability to enjoy equal benefits and 14th & Constitution Avenue, NW., for the public, persons are asked to privileges of employment as are enjoyed Washington, DC 20230 (or via the register by contacting Aonghas St- by other similarly situated employees Internet at [email protected]). Hilaire of the Eastern Regional Office, without disabilities). Executive Order 202–376–7533 (TDD 202–376–8116), by 13164 requires Federal agencies to FOR FURTHER INFORMATION CONTACT: 4 p.m. on Wednesday, August 6, 2003. provide written procedures for Request for additional information or The meeting will be conducted reasonable accommodation for copies of the information collection pursuant to the provisions of the rules applicants and employees. Records instrument and instructions should be and regulations of the Commission. must be maintained in order to evaluate directed to: William Franklin, Office of Dated at Washington, DC, July 15, 2003. the fair application of the procedures for Finance, Room 1800A, U.S. Department Ivy L. Davis, the Department. of Commerce, 14th and Constitution Ave., NW., Washington, DC 20230; Chief, Regional Programs Coordination Unit. Affected Public: Individuals or phone number: (202) 482–3277. [FR Doc. 03–18712 Filed 7–22–03; 8:45 am] households. Frequency: On occasion. SUPPLEMENTARY INFORMATION: BILLING CODE 6335–01–P Respondent’s Obligation: Required to I. Abstract obtain or retain benefits. OMB Desk Officer: David Rostker, The Office of Finance assists U.S. DEPARTMENT OF COMMERCE (202) 395–3897. firms in identifying trade finance Submission for OMB Review; Copies of the above information opportunities and promoting the Comment Request collection proposal can be obtained by competitiveness of U.S. financial calling or writing Diana Hynek, services in international trade. The The Department of Commerce has Departmental Paperwork Clearance Office of Finance interacts with private submitted to the Office of Management Officer, (202) 482–0266, Department of financial institutions in insurance, and Budget (OMB) for clearance the Commerce, Room 6625, 14th and banking, leasing, factoring, barter, and following proposal for collection of Constitution Avenue, NW., Washington, counter-trade; U.S. financing agencies,

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such as the Export-Import Bank and the on respondents, including through the SA, Comexter, Robinson S.A., Compa Overseas Private Investment use of automated collection techniques Inversora Platense S.A., Compania Corporation; and multilateral or forms of information technology. Apicola Argentina SA, ConAgra development banks, such as the World Comments submitted in response to Argentina S.A., Coope-Riel Ltda., Bank, Asian Development Bank, and this notice will be summarized and/or Cooperativa DeAgua Potable y Otros, others. To facilitate contact between included in the request for OMB Establecimiento Don Angel S.r.L., Food exporters and financial institutions, the approval of this information collection; Way, S.A., Francisco Facundo Office of Finance has developed an they will also become a matter of public Rodriguez, Jay Bees, Jose Luis Garcia, interactive Internet trade finance record. HoneyMax S.A, Mielar S.A., Navicon matchmaking program to link exporters Dated: July 17, 2003. S.A., Nexco S.A., Parodi Agropecuaria seeking trade finance with banks and Gwellnar Banks, S.A., Radix S.r.L., Seylinco S.A., Times other financial institutions. The S.A., and Transhoney S.A. Management Analyst, Office of the Chief information collected from financial Information Officer. Petitioners submitted a withdrawal of institutions regarding the trade finance [FR Doc. 03–18655 Filed 7–22–03; 8:45 am] request for review on January 17, 2003 products and services they offer is BILLING CODE 3510–DR–P for the following companies: Centauro compiled into a database. An exporter is S.A., Comexter, Robinson S.A., Compa able to electronically submit a one-page Inversora Platense S.A., ConAgra form identifying the potential export DEPARTMENT OF COMMERCE Argentina S.A., Coope-Riel Ltda., transaction and type of financing Cooperativa DeAgua Potable y Otros, requested. This information is International Trade Administration Establecimiento Don Angel S.r.L., Food electronically matched with the [A-357–812] Way, S.A., Francisco Facundo financial institution(s) that meet the Rodriguez, Jay Bees, Jose Luis Garcia, requirements of the exporter. After a Honey From Argentina; Extension of Navicon S.A., Parodi Agropecuaria S.A., match has been made, a message is Time Limit for Preliminary Results of and Times S.A. The Department electronically sent to both the exporter Administrative Review rescinded this review with respect to and the financial institution containing the above companies on March 21, information about the match, and AGENCY: Import Administration, 2003. See Notice of Partial Rescission of contact information for either party to International Trade Administration, Antidumping Duty Administrative initiate communication. This program is Department of Commerce. Review, 68 FR 13895. The Department designed to implement the Department ACTION: Notice of Extension of Time also rescinded the reviews for Compania of Commerce’s goal of improving access Limits. Apicola Argentina S.A. and Mielar S.A., to trade financing for small business who submitted withdrawals of their SUMMARY: exporters. The Department of Commerce requests for review on March 18, 2003 (the Department) is extending the time II. Method of Collection and March 26, 2003, respectively. See limit for the preliminary results of the Notice of Partial Rescission of Electronic submission to the 2001–2002 administrative review of the Antidumpting Duty Administrative International Trade Administration, antidumping duty order on honey from Review, 68 FR 25568 (May 13, 2003). Office of Finance. Argentina. This review covers seven exporters of the subject merchandise to Pursuant to the time limits for III. Data the United States and the period May administrative reviews set forth in OMB Number: 0625–0232. 11, 2001 through November 30, 2002. section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Tariff Act), the Form Number: ITA–4146P. EFFECTIVE DATE: July 23, 2003. Type of Review: Regular submission. current deadlines are September 2, 2003 FOR FURTHER INFORMATION CONTACT: Affected Public: Business or other for- for the preliminary results and Brian J. Sheba at (202) 482–0145 or profit organizations. December 31, 2003 for the final results. Estimated Number of Respondents: Donna Kinsella at (202) 482–0194, It is not practicable to complete this 500. Antidumping and Countervailing Duty review within the normal statutory time Estimated Time Per Response: Enforcement Group III, Office Eight, limit due to a number of significant case Exporters: 10 minutes; financial Import Administration, International issues, such as sales below cost, high institutions: 30 minutes. Trade Administration, U.S. Department inflation, and currency devaluation. Estimated Total Annual Burden of Commerce, 14th Street and Therefore, the Department is extending Hours: 90. Constitution Avenue NW, Washington, the time limit for completion of the Estimated Total Annual Cost to the DC 20230. preliminary results until December 8, Public: $3,150. SUPPLEMENTARY INFORMATION: On 2003 in accordance with section January 22, 2003, in response to 751(a)(3)(A) of the Tariff Act. The IV. Request for Comments requests to conduct administrative deadline for the final results of this Comments are invited on (a) whether reviews of various antidumping and review will continue to be 120 days the proposed collection of information countervailing duty orders and findings after publication of the preliminary is necessary for the proper performance with December anniversary dates, we results. of the functions of the agency, including published a notice of initiation of this This extension is in accordance with whether the information shall have administrative review in the Federal section 751(a)(3)(A) of the Tariff Act (19 practical utility; (b) the accuracy of the Register. See Initiation of Antidumping U.S.C. 1675 (a)(3)(A) (2001)). agency’s estimate of the burden and Countervailing Duty Administrative (including hours and costs) of the Reviews and Requests for Revocation in Dated: July 16, 2003. proposed collection information; (c) Part, 68 FR 3009. Reviews were Barbara E. Tillman, ways to enhance the quality, utility, and requested for honey from Argentina (A- Acting Deputy Assistant Secretary for Import clarity of the information to be 357–812) for the following exporters: Administration, Group III. collected; (d) ways to minimize the Asociacion de Cooperativas Argentinas, [FR Doc. 03–18747 Filed 7–22–03; 8:45 am] burden of the collection of information Centauro S.A., Cia. Europeo Americana BILLING CODE 3510–DS–S

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DEPARTMENT OF COMMERCE Materials Importation Act of 1966 (Pub. Docket Number: 03–026. Applicant: L. 89–651, 80 Stat. 897; 15 CFR part University of Vermont, Burlington, VT International Trade Administration 301). Related records can be viewed 05405. Instrument: Cuvette System for between 8:30 a.m. and 5 p.m. in Suite muscle fiber investigation. University of Missouri—Kansas City; 4100W, Franklin Court Building, U.S. Manufacturer: Scientific Instruments Notice of Decision on Application for Department of Commerce, 1099 14th GmbH, Germany. Intended Use: See Duty-Free Entry of Scientific Street, NW., Washington, DC. notice at 68 FR 36770, June 19, 2003. Instrument Docket Number: 03–025. Comments: None received. Decision: This decision is made pursuant to Applicant: The University of Texas Approved. No instrument of equivalent section 6(c) of the Educational, Health Science Center at San Antonio, scientific value to the foreign Scientific, and Cultural Materials San Antonio, TX 78229–7750. instrument, for such purposes as it is Importation Act of 1966 (Pub. L. 89– Instrument: Electron Microscope, intended to be used, is being 651, 80 Stat. 897; 15 CFR part 301). Model JEM–1230. manufactured in the United States. Related records can be viewed between Manufacturer: JEOL Ltd., Japan. Reasons: The foreign instrument 8:30 a.m. and 5 p.m. in Suite 4100W, Intended Use: See notice at 68 FR provides a laser-controlled perfusion U.S. Department of Commerce, Franklin 36770, June 19, 2003. cuvette system capable of both Court Building, 1099 14th Street, NW., Order Date: May 1, 2003. measuring the contractile force of a strip Washington, DC. Docket Number: 03–027. of muscle tissue and viewing the tissue Docket Number: 03–023. Applicant: Applicant: Oregon Health & Science with an inverted microscope. The University of Missouri—Kansas City, University, Beaverton, OR 97006. National Institutes of Health advises in Kansas City, MO 64110. Instrument: Instrument: Electron Microscope, its memorandum of June 9, 2003 that (1) 2 OptoTOP He 3–D Digitizing System. Model Tecnai G 12 BioTWIN. This capability is pertinent to the Manufacturer: Breuckmann GmbH, Manufacturer: FEI Company, The applicant’s intended purpose and (2) it Germany. Intended Use: See notice at 68 Netherlands. knows of no domestic instrument or FR 34907. Intended Use: See notice at 68 FR apparatus of equivalent scientific value Comments: None received. Decision: 36770. to the foreign instrument for the Approved. No instrument of equivalent Order Date: March 28, 2003. applicant’s intended use. scientific value to the foreign Comments: None received. We know of no other instrument or instrument, for such purposes as it is Decision: Approved. No instrument of apparatus of equivalent scientific value intended to be used, is being equivalent scientific value to the foreign to the foreign instrument which is being manufactured in the United States. instrument, for such purposes as these manufactured in the United States. Reasons: The foreign instrument instruments are intended to be used, provides: (1) Digitized video images for was being manufactured in the United Gerald A. Zerdy, constructing very precise three- States at the time the instruments were Program Manager, Statutory Import Programs dimensional replicas, (2) imaging ordered. Staff. accuracy to 2.0 µm, (3) image Reasons: Each foreign instrument is a [FR Doc. 03–18750 Filed 7–22–03; 8:45 am] acquisition times on the order of several conventional transmission electron BILLING CODE 3510–DS–P seconds and (4) portable operation. The microscope (CTEM) and is intended for National Institutes of Health advises in research or scientific educational uses its memorandum of June 9, 2003 that (1) requiring a CTEM. We know of no DEPARTMENT OF COMMERCE CTEM, or any other instrument suited to these capabilities are pertinent to the International Trade Administration applicant’s intended purpose and (2) it these purposes, which was being knows of no domestic instrument or manufactured in the United States at the [C-357–813] apparatus of equivalent scientific value time of order of each instrument. Notice of Extension of Time Limit for to the foreign instrument for the Gerald A. Zerdy, applicant’s intended use. the Preliminary Results of Program Manager, Statutory Import Programs Countervailing Duty Administrative We know of no other instrument or Staff. apparatus of equivalent scientific value Review: Honey from Argentina [FR Doc. 03–18749 Filed 7–22–03; 8:45 am] to the foreign instrument which is being BILLING CODE 3510–DS–P AGENCY: Import Administration, manufactured in the United States. International Trade Administration, Gerald A. Zerdy, U.S. Department of Commerce. Program Manager, Statutory Import Programs DEPARTMENT OF COMMERCE SUMMARY: The Department of Commerce Staff. is extending the time limit for the [FR Doc. 03–18748 Filed 7–22–03; 8:45 am] International Trade Administration preliminary results of the administrative BILLING CODE 3510–DS–P review of the countervailing duty order University of Vermont; Notice of on honey from Argentina until no later Decision on Application for Duty-Free than December 8, 2003. The period of Entry of Scientific Instrument DEPARTMENT OF COMMERCE review (POR) is January 1, 2001, This decision is made pursuant to through December 31, 2002. This International Trade Administration section 6(c) of the Educational, extension is made pursuant to section Scientific, and Cultural Materials 751(a)(1) of the Tariff Act of 1930, as The University of Texas Health Science amended (the Act). Center, et al.; Notice of Consolidated Importation Act of 1966 (Pub. L. 89– EFFECTIVE DATE: July 23, 2003. Decision on Applications for Duty-Free 651, 80 Stat. 897; 15 CFR part 301). FOR FURTHER INFORMATION CONTACT: Entry of Electron Microscopes Related records can be viewed between 8:30 A.M. and 5 P.M. in Suite 4100W, Thomas Gilgunn or Addilyn Chams- This is a decision consolidated U.S. Department of Commerce, Franklin Eddine, Office of AD/CVD Enforcement pursuant to section 6(c) of the Court Building, 1099 14th Street, NW., VII, Import Administration, Educational, Scientific, and Cultural Washington, DC. International Trade Administration,

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U.S. Department of Commerce, 14th regulations, the Department has selection or private sector participants Street and Constitution Avenue, N.W., determined that it is not practicable to for the trade will be conducted Washington D.C. 20230; telephone: complete the preliminary results in this according to the Statement of Policy (202) 482–4236 or (202) 482–0648, administrative review by September 2, Governing Department of Commerce respectively. 2003. The Department is awaiting the Overseas Trade Missions dated March 3, SUPPLEMENTARY INFORMATION: response to a supplemental 1997. questionnaire requesting additional ADDRESSES: Applications must be Background information from the GOA. Moreover, submitted to Mr. Aaron Brickman, In December 2002, the Department the Department must analyze two years’ Office of Energy, U.S. Department of received a timely request from worth of data and intends to verify the Commerce, Room H4056, Washington, interested parties in accordance with GOA questionnaire responses. DC 20230; Telephone: 202–482–1889; section 751(a) of the Act and section Therefore, the Department is extending Facsimile: 202–482–0170; E-mail: 351.213(b) of the regulations, for an the deadline for completion of the [email protected]. administrative review of the preliminary results of the administrative FOR FURTHER INFORMATION CONTACT: countervailing duty order on honey review of the countervailing duty order Mr. from Argentina, which has a December on honey from Argentina by 97 days. Aaron Brickman, U.S. Department of anniversary date. On January 22, 2003, The preliminary results of the review Commerce; Telephone: 202–482–1889; will be issued not later than December Facsimile: 202–482–0170; or E-mail: the Department initiated this _ administrativereview covering the 8, 2003. aaron [email protected]. period January 1, 2001, through This notice is published pursuant to Dated: July 8, 2003. December 31, 2001. See Notice of section 751(a)(3)(A) and 777(i)(1) of the Helen Burroughs, Initiation of Antidumping and Act. Director, Office of Energy. Countervailing Duty Administrative Dated: July 16, 2003. [FR Doc. 03–18708 Filed 7–22–03; 8:45 am] Review and Request for Revocation in Barbara E. Tillman, BILLING CODE 3510–DR–M Part, 68 FR 3009 (January 22. 2003). Acting Deputy Assistant Secretary for Import Pursuant to a request from the Administration, Group III. Government of Argentina (GOA), and [FR Doc. 03–18746 Filed 7–22–03; 8:45 am] DEPARTMENT OF COMMERCE following the solicitation and analysis BILLING CODE 3510–DS–S of comments from the interested parties, National Oceanic and Atmospheric the Department extended the POR to Administration cover calendar year 2002 in addition to DEPARTMENT OF COMMERCE 2001. See Memorandum to the File: [I.D. 071803B] Honey from Argentina: Expansion of the Notice of an Energy Trade Mission to Period of Review in the First Nigeria, Gabon, and Sao Tome and Proposed Information Collection; Administrative Review of the Principe Comment Request; An Observer Countervailing Duty Order (dated Program for Catcher Vessels in the AGENCY: International Trade February 21, 2003). The preliminary Pacific Coast Groundfish Fishery Administration, Department of results of this review are currently due Commerce. AGENCY: AGENCY: National Oceanic September 2, 2003. ACTION: Notice. and Atmospheric Administration Statutory Time Limits (NOAA). SUMMARY: The Department of Commerce Section 351.213(h)(1) of the ACTION: Notice. invites U.S. companies to participate in regulations requires the Department to the following overseas trade mission: issue the preliminary results of review SUMMARY: The Department of Oil and Gas Business Development within 245 days after the last day of the Commerce, as part of its continuing Mission to Nigeria, Gabon, and Sao anniversary month of the order or effort to reduce paperwork and Tome and Principe. Date: November 15– suspension agreement for which the respondent burden, invites the general administrative review was requested, 22, 2003. The Deputy Assistant public and other Federal agencies to and final results of the review within Secretary for Energy, Environment, and take this opportunity to comment on 120 days after the date on which notice Materials, Kevin Murphy, will lead an proposed and/or continuing information of the preliminary results is published energy trade mission to Nigeria, Gabon, collections, as required by the in the Federal Register. However, if the and Sao Tome and Principe. Focusing Paperwork Reduction Act of 1995, Department determines that it is not on equipment, services, exploration, Public Law 104–13 (44 U.S.C. practicable to complete the review and production aspects of the energy 3506(c)(2)(A)). sector, the mission will include within the aforementioned specified DATES: Written comments must be representatives from 8–12 U.S. firms time limits, section 351.213(h)(2) allows submitted on or before September 22, interested in gaining access to these the Department to extend the 245-day- 2003. period to 365 days and to extend the West African energy markets. For a ADDRESSES: 120-day period to 180 days. If the more complete description, obtain a Direct all written comments Department does not extend the time for copy of the mission statement from the to Diana Hynek, Departmental issuing preliminary results, the Project Officer indicated below. Paperwork Clearance Officer, Department may extend the time for DATES: The trade will take place from Department of Commerce, Room 6625, issuing final results from 120 to 300 November 15–22, 2003. Applications 14th and Constitution Avenue, NW, days. may be submitted immediately. All Washington, DC 20230 (or via the application must be received by Internet at [email protected]). Extension of Time Limits for September 15, 2003. Applications FOR FURTHER INFORMATION CONTACT: Preliminary Results received after the date will be Requests for additional information or Pursuant to section 751(a)(3)(A) of the considered only if space and scheduling copies of the information collection Act and section 351.213(h)(2) of the constraints permit. Recruitment and instrument and instructions should be

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directed to Jonathan Cusick, 206–860– DEPARTMENT OF COMMERCE (f) Geospatial measurements. 3477, or at [email protected]. The Panel shall consist of 15 voting National Oceanic and Atmospheric members appointed by the Under SUPPLEMENTARY INFORMATION: Administration Secretary in accordance with the I. Abstract provisions and prohibitions of Section Office of Coast Survey; Notice of 105 of the Act. Members will be selected Catcher vessels participating in the Solicitation for Hydrographic Services on a clear, standardized basis, in Pacific Coast Groundfish Fishery and Review Panel accordance with applicable Department who are selected by NOAA must of Commerce guidance. The Director of provide NOAA with notification at least AGENCY: National Ocean Service, National Oceanic and Atmospheric the Joint Hydrographic Institute and no 24 hours before departure for a fishing more than two employees of the trip and with notification when the Administration, Department of Commerce. National Oceanic and Atmospheric vessel ceases to participate in the Administration shall serve as nonvoting ACTION: observed portion of the fleet. The Notice of solicitation for members of the Panel. information will be used to plan for Hydrographic Services Review Panel. The voting members of the Panel shall fishery observer assignments. SUMMARY: This notice responds to the be individuals who, by reason of II. Method of Collection Hydrographic Services Improvement knowledge, experience, or training, are Act Amendments of 2002, Public Law especially qualified in one or more of Reports are made by phone to a toll- 107–372, which requires the Under the disciplines and fields relating to free number. Secretary of Commerce for Oceans and hydrographic surveying, tides, currents, geodetic and geospatial measurements, III. Data Atmosphere to solicit nominations for membership on the Hydrographic marine transportation, port OMB Number: 0648–0423. Services Review Panel. This advisory administration, vessel pilotage, and Form Number: None. committee will advise the Under coastal and fishery management. The Secretary on matters related to the membership shall be fairly balanced in Type of Review: Regular submission. terms of points of view represented and Affected Public: Business or other for- responsibilities and authorities set forth in section 303 of the Hydrographic the functions to be performed by the profit organizations. Panel. An individual may not be Services Improvement Act of 1998 and appointed as a voting member of the Estimated Number of Respondents: its amendments, and such other Panel if the individual is a full-time 2,116. appropriate matters the Under Secretary officer or employee of the United States. Estimated Time Per Response: 10 refers to the Panel for review and Any voting member of the Panel who is minutes. advise. an applicant for, or beneficiary of (as Estimated Total Annual Burden DATES: Re´sume´s should be sent to the determined by the Administrator), any Hours: 1,763. address, e-mail or FAX specified and assistance under the Act shall disclose Estimated Total Annual Cost to must be received by September 29, to the Panel that relationship, and may Public: $0. 2003. not vote on any matter pertaining to that IV. Request for Comments ADDRESSES: Director, Office of Coast assistance. The term of office of a voting Survey, National Ocean Service, NOAA member of the Panel shall be 4 years, Comments are invited on: (a) whether (N/CS), 1315 East West Highway, Silver except that of the original appointees, the proposed collection of information Spring, MD, 20910, FAX: 301–713– five shall be appointed for a term of 2 is necessary for the proper performance 4019, e-mail: years, five shall be appointed for a term of the functions of the agency, including [email protected]. of 3 years, and five shall be appointed whether the information shall have for a term of 4 years, as specified by the practical utility; (b) the accuracy of the FOR FURTHER INFORMATION CONTACT: Administrator at the time of agency’s estimate of the burden Gretchen Imahori, Office of Coast appointment. The members will serve at (including hours and cost) of the Survey, NOS/NOAA, 301–713–2770, the discretion of the Administrator and proposed collection of information; (c) Extension 140, FAX: 301–713–4019, will be subject to ethical standards ways to enhance the quality, utility, and [email protected]. applicable to special government clarity of the information to be SUPPLEMENTARY INFORMATION: Under 33 employees. Any individual appointed to collected; and (d) ways to minimize the U.S.C. 883a et seq. NOS is responsible a partial or full term may be reappointed burden of the collection of information for providing nautical charts and related for one additional full term. A voting on respondents, including through the information for safe navigation and member may serve after the date of the use of automated collection techniques other purposes. In fulfilling this expiration of the term of office for or other forms of information responsibility, NOS collects and which appointed until his or her technology. compiles hydrographic, tidal and successor has taken office. Comments submitted in response to current, geodetic and a variety of other The Panel shall select one voting this notice will be summarized and/or data and information. The Hydrographic member to serve as the Chair and included in the request for OMB Services Panel shall advise on topics another voting member to serve as the approval of this information collection; such as the Office of Coast Survey (OCS) Vice Chair. The Vice Chair shall act as they also will become a matter of public National Survey Plan, technologies Chair in the absence or incapacity of the record. relating to operations, research and Chair. development, and dissemination of data Meetings will occur on a biannual Dated: July 16, 2003. pertaining to: basis and, at any other time, at the call Gwellnar Banks, (a) Hydrographic surveying and data; of the Chair or upon the request of a Management Analyst, Office of the Chief (b) Nautical charting; majority of the voting members or of the Information Officer. (c) Water level measurements; Administrator. [FR Doc. 03–18732 Filed 7–22–03; 8:45 am] (d) Current measurements; Voting members of the Panel shall BILLING CODE 3510–22–S (e) Geodetic measurements; and receive compensation at a rate

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established by the Administrator, not to sent to Joseph Uravitch, National MPA Antiquities Act, the National Wildlife exceed the maximum daily rate payable Center, N/ORM, NOAA, 1305 East-West Refuge System Administration Act, the under section 5376 of title 5, United Highway, Silver Spring, Maryland Outer Continental Shelf Lands Act, and States Code, when actually engaged in 20910. Comments also will be accepted the National Park Service Organic Act. the performance of duties for such Panel if submitted via e-mail to These and other authorities direct DOC and shall be reimbursed for actual and [email protected]. E-mail and DOI agencies to manage marine reasonable expenses incurred in the comments should state ‘‘MMA areas for a wide variety of objectives. performance of such duties. Inventory Comments’’ on the subject Area-based management has been used Dated: June 30, 2003. line. for years to protect marine habitats and submerged cultural resources, rebuild Jamison S. Hawkins, FOR FURTHER INFORMATION CONTACT: Joseph Uravitch, NOAA, 301–713–3155, and sustain fisheries, provide Deputy Assistant Administrator for Ocean recreational opportunities, promote Services and Coastal Zone Management, x195, or Piet deWitt, DOI, 202–208– marine research, recover endangered National Oceanic and Atmospheric 6224. Administration. species, and support local economies SUPPLEMENTARY INFORMATION: that depend on ocean resources. These [FR Doc. 03–18252 Filed 7–22–03; 8:45 am] Electronic Access areas have been managed in different BILLING CODE 3510–08–P ways ranging from restricting specific This Federal Register document also activities and allowing sustainable use is accessible via the Internet at the DEPARTMENT OF COMMERCE of natural resources within an area, to Office of the Federal Register’s web site the establishment of marine reserves at http://www.access.gpo.gov/suldocs/ National Oceanic and Atmospheric that limit access and close the site to all aces/aces140.html. Administration uses except research. Background The MMA Inventory will be used in [Docket No. 030530139–3139–01; I.D. Phase I to inform Federal, state, 010401B] E.O. 13158 directs DOC and DOI, in commonwealth, territorial, local, and consultation with the Department of tribal agencies of the locations and Marine Protected Areas and an Defense, the Department of State, the characteristics of existing MMAs and to Inventory of Existing Marine Managed United States Agency for International form a pool from which sites may later Areas Development, the Department of be considered for placement on the List Transportation, the Environmental AGENCY: National Oceanic and of MPAs (Phase II). Resource managers Protection Agency, the National Science and others can use this information to Atmospheric Administration (NOAA), Foundation, and other pertinent Federal Department of Commerce (DOC). better manage these areas and determine agencies, to work with non-Federal the effectiveness of individual sites, as ACTION: Solicitation of public comments partners to protect significant natural well as regional and national on proposed criteria for building an and cultural resources within the assemblages. The core purposes of the Inventory of Marine Managed Areas. marine environment of the United MMA Inventory are: States, including the Great Lakes, by SUMMARY: NOAA and the Office of the Providing centralized, easily accessed strengthening and expanding a Secretary, Department of the Interior information and maps on existing scientifically-based comprehensive (DOI), jointly propose criteria, Federal, state, commonwealth, national system of MPAs. A key purpose definitions, and data fields that will be territorial, local, and tribal MMAs in the of E.O. 13158 is to ‘‘enhance the used in development of an Inventory of United States; conservation of our Nation’s natural and • U.S. Marine Managed Areas or MMAs. Providing information and tools for cultural marine heritage and the The MMA Inventory will provide environmental assessments and ecologically and economically information that will lead to the effectiveness monitoring (supporting sustainable use of the marine fulfillment of requirements of Executive independent analyses and studies of a environment for future generations.’’ A Order (E.O.) 13158 on Marine Protected wide variety of marine issues by first step in developing this Areas (MPAs). This action requests governmental and non-governmental scientifically-based national system of comments on the working criteria for users); MPAs is the development of an • including existing sites in the MMA Providing important site-specific inventory of MMAs. This inventory will Inventory, and describes data fields to information for developing and become the initial pool of sites from provide consistent information about maintaining the official nationwide List which the List of MPAs called for in each site. This notice also makes clear of MPAs required by section 4(d) of E.O. section 4(d) of E.O. 13158 will be that the development of the MMA 13158; and developed. • Providing information to fulfill other Inventory is Phase I, to be followed by DOC and DOI were given specific requirements of E.O. 13158. the development of the List of MPAs roles by E.O. 13158. DOC has delegated NOAA and DOI have placed a variety (Phase II) called for in E.O. 13158. The lead responsibility to the Under of protective or restrictive measures on intent of this document is to solicit Secretary of Commerce for Oceans and different marine areas to achieve public participation in the development Atmosphere. DOI has delegated its lead different management purposes. The of an inventory of existing U.S. MMAs to the Assistant Secretary, Lands and definitions and working criteria (Federal, state, commonwealth, Minerals Management. NOAA and DOI proposed in this notice are being used territorial, and tribal sites) as a resource have stewardship responsibilities for to build the MMA Inventory and may, for managers, scientists, and the general marine resources under various Federal at some future date, be used in public. laws, including the Magnuson-Stevens determining which sites should be DATES: Comments must be received on Fishery Conservation and Management placed on the List of MPAs (Phase II). or before September 22, 2003. Act, the Endangered Species Act, the However, these definitions and criteria ADDRESSES: Comments regarding the Marine Mammal Protection Act, the are not final and are subject to change proposed MMA Inventory criteria, Coastal Zone Management Act, the based on public comment and through definitions, and data fields should be National Marine Sanctuaries Act, the experience gained by using the MMA

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Inventory and implementing E.O. located. Application of this criterion Must provide year-after-year 13158. The public will be informed of would exclude, for example: Generic protection for at least three months of changes to the criteria through the broad-based resource management each year. Federal Register and the MPA web site, authorities without specific locations. Must be established with an http://www.mpa.gov. Areas whose boundaries change over expectation of, or at least the potential It is important to distinguish between time based on species presence. for, permanence. If the reservation will the MMA Inventory and the List of expire on a date certain, the reservation MPAs. The MMA Inventory is not Marine must provide a minimum of two years designed to fulfill the requirement of To be included in the MMA Inventory, of continuous protection and must have E.O. 13158 for a List of MPAs but is the the site: a specific mechanism to consider first step toward development of that Must be: (a) ocean or coastal waters renewal of protection at the expiration List. The List is to be established at (note: coastal waters may include of the reservation. some future date after an administrative intertidal areas, bays or estuaries); (b) an Application of this criterion would process for listing has been established. area of the Great Lakes or their exclude, for example: After public comment on this notice, Areas subject only to temporary connecting waters; (c) an area of lands NOAA and DOI will decide if the protections, such as areas protected only under ocean or coastal waters or the working criteria for building the MMA by emergency fishery regulations under Great Lakes or their connecting waters; Inventory should be broadened, the Magnuson-Stevens Act, which or (d) a combination of the above. The narrowed, or otherwise modified. A expire after 180 days, and areas that are term ‘‘intertidal’’ is understood to mean notice of agency decision will be protected by annual management the shore zone between the mean low published in the Federal Register and specifications. water and mean high water marks. An the MPA web site, http://www.mpa.gov, MMA may be part of a larger site that will be modified appropriately. Protection includes uplands, however, the To be included in the MMA Inventory, Proposal terrestrial portion is not considered an the site: E.O. 13158 defines a ‘‘marine MMA. For mapping purposes, an MMA Must have existing laws or regulations protected area’’ as ‘‘any area of the may show an associated terrestrial that are designed and applied to afford marine environment that has been protected area. the site with increased protection for reserved by Federal, State, territorial, NOAA and DOI propose to use the part or all of the natural and submerged tribal, or local laws or regulations to following definition for the term cultural resources therein for the provide lasting protection for part or all ‘‘estuary’’: ‘‘Part of a river or stream or purpose of maintaining or enhancing of the natural and cultural resources other body of water having unimpaired the long-term conservation of these therein.’’ The E.O. defines ‘‘marine connection with the open sea, where the resources, beyond any general environment’’ to mean ‘‘those areas of sea water is measurably diluted with protections that apply outside the site. coastal and ocean waters, the Great fresh water derived from land drainage, Application of this criterion would Lakes and their connecting waters, and and extending upstream to where ocean- exclude, for example: submerged lands thereunder, over derived salts measure less than 0.5 parts Areas closed to avoid fishing gear which the United States exercises per thousand during the period of conflicts. jurisdiction, consistent with average annual low flow.’’ Application Area-based regulations established international law.’’ The E.O. does not of this criterion would exclude, for solely to limit fisheries by quota define other key terms in the MPA example, strictly freshwater sites management or to facilitate definition such as ‘‘lasting,’’ outside the Great Lakes region that enforcement. ‘‘protection,’’ and ‘‘cultural resources.’’ contain marine species at certain In addition, the Executive Order uses Given the breadth of these terms and the seasons or life history stages unless that the term cultural resources. NOAA and wide array of sites they could include, site is a component of a larger, multi- DOI interpret this to mean any NOAA and DOI are clarifying key terms unit MMA. Estuarine-like sites on submerged historical or submerged within the E.O.’s MPA definition that tributaries of the Great Lakes will be cultural feature, including will serve as criteria for determining considered for inclusion if they are archaeological sites, historic structures, MMAs. located within the eight digit U.S. shipwrecks, artifacts, and subsistence Therefore, NOAA and DOI jointly Geological Survey cataloging unit uses in the marine environment. propose the following definitions for: adjacent to a Great Lake or its Taken together, these definitions and ‘‘area,’’ ‘‘marine,’’ ‘‘reserved,’’ ‘‘lasting,’’ connecting waters. criteria provide the basis for selecting ‘‘protection,’’ and ‘‘cultural.’’ These sites to be included in the MMA Reserved definitions serve as criteria and include Inventory. a description of the characteristics To be included in the MMA Inventory, MMA Inventory Data Fields necessary for inclusion in the MMA the site: Inventory and a description of features In addition to the above proposal, Must be established by and currently comments are solicited on what data that would exclude a site from the MMA subject to Federal, state, Inventory. and information should be provided commonwealth, territorial, local or about each site in the MMA Inventory. Area tribal law or regulation. To make the MMA Inventory a useful To be included in the MMA Inventory, Application of this criterion would resource for managers, scientists, users the site: exclude, for example: and the public, NOAA and DOI propose Must have legally defined Privately created or maintained to provide specific information in a geographical boundaries, and may be of marine sites. consistent format for each site. This any size, except that the site must be a Lasting information could be used by both subset of the U.S. Federal, state, government and non-government commonwealth, territorial, local or To be included in the MMA Inventory, entities to aid analyses of protection of tribal marine environment in which it is the site: marine resources and improve regional

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and national coordination among restrictions in MMA); Legal Basis for United States Agency for International existing sites. Data in the MMA Implementation (citation to regulations Development, the Department of Inventory eventually will be used to or other legal basis for implementing Transportation, the Environmental assess whether or not specific sites meet MMA); Expiration Date of Protections Protection Agency, the National Science the definitions and criteria to be placed (date, if any, of expiration of regulations Foundation, and other pertinent Federal on the List of MPAs. In order to use or other authority); Site Programs and agencies. NOAA and DOI are also to existing mapping data, maps for sites Plans (types of management programs consult with states and territories that with upland components will depict the and plans developed for the MMA); contain portions of the marine entire area (i.e., the marine area Enforcement (government agencies/ environment, tribes, Regional Fishery constitutes the MMA by these proposed departments responsible for enforcing Management Councils, and other definitions/criteria; however, the maps restrictions on site); Effectiveness entities, as appropriate, to promote in the MMA Inventory also will show (measures used to determine coordination of Federal, state, territorial, any upland component of the national management effectiveness); Zone and tribal actions to establish and park, national estuarine research Information (if management of the site manage MPAs. NOAA and DOI actively reserve, etc.). is zoned: general zone information, zone solicit comments from these entities and NOAA and DOI propose to collect, purposes, zone boundary delineation, from the general public on any aspect of use, and make available to the public zone resource protections, zone activity this notice of proposed MMA Inventory the following information (listed below and use restrictions); and Information criteria, definitions, and data fields. and found on the web site http:// Sources (site staff/contact, publications, Preliminary draft definitions and www.mpa.gov) for each site in the MMA web sites, other sources). criteria, as well as inventory data fields, Inventory. The agencies request public Process were first released to the public on comments on these data fields to December 21, 2000, when NOAA and determine what information will be An initial and partial MMA Inventory DOI unveiled their MPA web site at most useful for managers, scientists, comprised primarily of Federal sites, http://www.mpa.gov. The public was user-groups, and other members of the such as fisheries management zones, invited informally to comment on any public. national parks, national wildlife refuges, aspect of the web site including the Proposed data fields: and national marine sanctuaries, has definitions and criteria. For purposes of MMA Name (name of the site been assembled and published on the developing a final notice, comments protected); Type of Area (national MPA web site, http://www.mpa.gov. made in response to the web site marine sanctuary, national park, etc.); This initial MMA Inventory also invitation will be considered as well as Level of Government Managing Site includes state-federal national estuarine those made in response to this notice. (Federal, state, local, tribal); research reserves and some state sites in Following review of comments received, Management Organizations (government the Gulf of Maine and Western Pacific NOAA and DOI will publish a final agency/department responsible for site regions. More sites will be added to the notice of MMA Inventory criteria, management); Purpose of Protections MMA Inventory in the future. definitions, and data fields in the (explanation of what the site was The MMA Inventory will not contain Federal Register and http:// established to protect or manage); Site all currently protected or managed sites www.mpa.gov. Description (brief description of site in the marine environment. For including general features and most example, sites developed by Regional Classification prominent, noteworthy, and unique Fishery Management Councils, in Regulatory Planning and Review features); Information Web Reference conjunction with the National Marine (primary informational web home page Fisheries Service (NMFS), NOAA, that This action is not aa regulatory action address); Location (nearest state, provide less than three-months’ subject to E.O. 12866 (58 FR 51735, territory or commonwealth); Site protection or afford only annual October 4, 1993). This notice would not Boundaries (if available provide: text restrictions would not appear in the impose a compliance burden on the description, latitude/longitude MMA Inventory on the basis of the economy generally because the coordinates, digital coverage of site proposed working criteria. proposed definitions and MMA boundary, and digital or hard-copy Some MMA Inventory sites Inventory criteria provided here are map); Size of Area (number of square presumably will not meet all of the only designed to collect data that may miles of surface of both water and land criteria necessary for placement on the later be used to implement E.O. 13158. areas within site); Additional Location/ List of MPAs during Phase II of this Energy Effects Size Information (approximate shoreline process. However, these sites will be length, overlap with other protected maintained as part of the MMA NOAA and DOI have determined that areas, connectivity with other protected Inventory to provide managers, analysts, this action will have no effect on energy areas); Marine Components (oceans, and other interested parties with a supply, distribution, or use as required bays, estuaries, intertidal areas, Great comprehensive database of U.S. MMAs, by Executive Order 13211 (66 FR Lakes, submerged lands, and/or other); including sites that may be considered 28355). Natural Features (biological and for the List of MPAs, sites on the List Administrative Procedure Act geological features); Cultural Features of MPAs, and sites determined not to (archaeological remains, historic meet the criteria for the List of MPAs. Pursuant to authority at 5 U.S.C. shipwrecks, subsistence uses); Legal Additional information will be added to 553(b)(A), prior notice and an Basis for Establishment (name, citation, the MMA Inventory as it becomes opportunity for public comment are not and summary of legal authority for available. required to be given, as this is a creating MMA); Date Established (date document concerning agency procedure initial protection afforded to marine Consultation and Public Comment or practice. Nevertheless, NOAA and natural or submerged cultural resources, E.O. 13158 requires NOAA and DOI to DOI want the benefit of the public’s other important dates of increasing develop the national MPA system in comment and are voluntarily giving protection or expansion of site); Primary consultation with the Department of prior notice and opportunity for public Restrictions (brief summary of primary Defense, the Department of State, the comment.

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Dated: June 25, 2003. DEPARTMENT OF DEFENSE proposed amendments are not within Conrad C. Lautenbacher, Jr., the purview of subsection (r) of the Vice Admiral, U.S. Navy (Ret.), Under Office of the Secretary Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the Secretary of Commerce for Oceans and Defense Science Board Atmosphere. submission of a new or altered system [FR Doc. 03–18733 Filed 7–22–03; 8:45 am] AGENCY: Department of Defense. report. BILLING CODE 3510–08–S ACTION: Notice of advisory committee Dated: July 15, 2003. meeting date change. Patricia L. Toppings, Alternate OSD Federal Register Liaison SUMMARY: On Thursday, June 19, 2003 Officer, Department of Defense. DEPARTMENT OF DEFENSE (68 FR 36772), the Department of Defense announced closed meetings of DWHS P42 the Defense Science Board Task Force Office of the Secretary SYSTEM NAME: on Enabling Joint Force Capabilities. Defense Science Board The August 26, 2003, meeting has DPS Incident Reporting and moved to September 8, 2003. The Task Investigations Case Files (March 24, AGENCY: Department of Defense. Force will meet at SAIC, 4001 N. Fairfax 1994, 59 FR 13938). Drive, Arlington, VA. ACTION: Notice of Advisory Committee Changes meeting. Dated: July 11, 2003. * * * * * Patricia L. Toppings, SUMMARY: The Defense Science Board Alternate OSD Federal Register Liaison SYSTEM NAME: Task Force on Patriot Systems Officer, Department of Defense. Delete entry and replace with Performance will meet in closed session [FR Doc. 03–18651 Filed 7–22–03; 8:45 am] ‘Pentagon Police Department Incident on August 26–27, 2003, at SAIC, 4001 BILLING CODE 5001–08–M Reporting and Investigations Case Files’. N. Fairfax Drive, Arlington, VA. The SYSTEM LOCATION: Task Force will assess the recent DEPARTMENT OF DEFENSE Delete entry and replace with performance of the Patriot System in ‘Pentagon Force Protection Agency, OPERATION IRAQI FREEDOM from Office of the Secretary 9000 Defense Pentagon, Washington, DC deployment through use across the 20301–9000.’ threat spectrum. Privacy Act of 1974; System of * * * * * The mission of the Defense Science Records SYSTEM MANAGER(S) AND ADDRESS: Board is to advise the Secretary of AGENCY: Office of the Secretary, DoD. Delete entry and replace with ‘Chief Defense and the Under Secretary of ACTION: Notice to Amend a System of Information Officer, Pentagon Force Defense for Acquisition, Technology & Records. Logistics on scientific and technical Protection Agency, 9000 Defense matters as they affect the perceived SUMMARY: The Office of the Secretary is Pentagon, Washington, DC 20301–9000’. needs of the Department of Defense. At amending a system of records notice in * * * * * its inventory of records systems subject the meeting, the Defense Science Board DWHS P42 Task Force will: Assess logistical, to the Privacy Act of 1974, as amended doctrine, training, personnel (5 U.S.C. 552a). The amended system of SYSTEM NAME: management, operational and material records notice reflects the agency’s Pentagon Police Department Incident performance; identify those lessons name change from the ‘Defense Reporting and Investigations Case Files. learned which are applicable to the Protective Service’ to the ‘Pentagon SYSTEM LOCATION: development of the Medium Extended Force Protection Agency’. Air Defense System (MEADS); and DATES: The changes will be effective on Pentagon Force Protection Agency, assess the current planned spiral August 22, 2003 unless comments are 9000 Defense Pentagon, Washington, DC 20301–9000. development of the Patriot to ensure received that would result in a contrary determination. early incorporation of fixes discovered CATEGORIES OF INDIVIDUALS COVERED BY THE in the lessons learned process. ADDRESSES: Send comments to OSD SYSTEM: Privacy Act Coordinator, Records Persons who are the source of an In accordance with section 10(d) of Management Section, Washington the Federal Advisory Committee Act, initial complaint or allegation that a Headquarters Services, 1155 Defense crime took place. Pub. L. 92–463, as amended (5 U.S.C. Pentagon, Washington, DC 20301–1155. App. II), it has been determined that the Witnesses having information or FOR FURTHER INFORMATION CONTACT: Mr. evidence about any aspect of an Defense Science Board Task Force Dan Cragg at (703) 601–4722. meeting concerns matters listed in 5 investigation. SUPPLEMENTARY INFORMATION: The Office Suspects in the criminal situation U.S.C. 552b(c)(1) and that, accordingly, of the Secretary of Defense notices for who are subjects of an investigation. the meeting will be closed to the public. systems of records subject to the Privacy Persons who may pose a threat to the Dated: July 16, 2003. Act of 1974 (5 U.S.C. 552a), as amended, Secretary of Defense, the Deputy Patricia L. Toppings, have been published in the Federal Secretary of Defense and other Senior Alternate OSD Federal Register Liaison Register and are available from the Defense Officials. Officer, Department of Defense. address above. Persons who may pose a threat to the [FR Doc. 03–18650 Filed 7–22–03; 8:45 am] The specific changes to the records personal safety of themselves or others system being amended are set forth while in the Pentagon Force Protection BILLING CODE 5001–08–M below followed by the notice, as Agency/Pentagon Police Department amended, published in its entirety. The (PFPA/PPD) controlled jurisdiction.

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Subjects of investigations on non- facility security, and contingency case control number, name, address, criminal matters. planning functions of the PFPA. and physical description of subject Current and former applicants for the Additional functions supported include individual. position of PFPA/PPD Officer. information on current and former Sources of information and evidence. applicants for the position of PFPA/PPD SAFEGUARDS: The identity of these individuals may be Officer and Internal Affairs investigative Paper records are stored in secure confidential as appropriate to the records. filing cabinets in room with built-in- subject matter they contribute. These position dial-type combination safe ROUTINE USES OF RECORDS MAINTAINED IN THE files contain information vital to the lock. Computer records are maintained SYSTEM, INCLUDING CATEGORIES OF USERS AND in limited access sites on a system outcome of administrative procedures THE PURPOSES OF SUCH USES: protected by a software-controlled and civil and criminal cases. In addition to those disclosures Individuals associated with terrorism password system. generally permitted under 5 U.S.C. or terrorist groups and activities and 552a(b) of the Privacy Act, these records RETENTION AND DISPOSAL: names of regional, nationwide, and or information contained therein may Non-criminal records are destroyed worldwide terrorist organizations. specifically be disclosed outside the one year after case is closed. CATEGORIES OF RECORDS IN THE SYSTEM: DoD as a routine use pursuant to 5 Criminal records are cutoff when case Preliminary and other reports of U.S.C. 552a(b)(3) as follows: is closed and placed in an inactive file criminal investigations from the To a Federal, state, local, or foreign for three years. After three years in the opening of a case until it is closed. agency responsible for investigating, inactive file, the records are retired to These records are instituted and prosecuting, enforcing, or carrying out a the Washington National Records Center maintained at varying points in the statute, rule, regulation, or order, where for an additional 15 years, after which process. The processes of criminal the agency is aware of a violation or time they will be destroyed. Information justice and civil and administrative potential violation of civil or criminal on current and former applicants for remedies may require their partial or law or regulation. position of PFPA/PPD Officer are To an appeal, grievance, or formal total disclosure. maintained two years and then Security files contain information complaints examiner; equal destroyed. such as name, date and place of birth, employment opportunity investigator; Contingency planning and analysis address, Social Security Number, arbitrator; exclusive representative; or files pertaining to regional, nationwide, education, occupation, experience, and other officials engaged in investigating, and worldwide terrorist organizations investigatory material. Contingency or settling a grievance, complaint or and their potential effects of the security Planning/Analysis files contain appeal filed by an employee. of DoD facilities are destroyed when To various bureaus and divisions of information such as names and other superseded, obsolete, or no longer the Department of Justice that have identifying information and needed. primary jurisdiction over subject matter investigatory material on an individual and location which PFPA shares. SYSTEM MANAGER(S) AND ADDRESS: associated with terrorists or terrorist To law enforcement agencies which Chief Information Officer, Pentagon groups and activities. File contains have lawfully participated in and Force Protection Agency, 9000 Defense information about regional, nationwide, conducted investigation jointly with Pentagon, Washington, DC 20301–9000. and worldwide terrorist organizations PFPA. and their effects on security of DoD Pursuant to the order of a court of NOTIFICATION PROCEDURE: facilities under the jurisdiction of PFPA. competent jurisdiction, when the Individuals seeking to determine Intelligence briefs; tactical, operational, United States is party to or has interest whether this system of records contains and strategic informational reports; in litigation, and using the records is information about themselves should regional and nationwide contingency relevant, necessary, and compatible address inquiries to the Pentagon Force analysis; contingency action plans; and with the purposes of collecting the Protection Agency, 9000 Defense patterns and trends of potential or information. Pentagon, Washington, DC 20301–9000. actual terrorists or terrorist groups, or To an insurance company of one or other activities that could disrupt the more parties when an insured is RECORD ACCESS PROCEDURES: orderly operation of Defense-owned or involved in an injury or accident in the Individuals seeking access to records controlled facilities over which the PFPA jurisdiction and an Accident about themselves contained in this PFPA has jurisdiction. Report is required to resolve claims or system of records should address Documents created in enforcing to settle matters of record. inquiries to the Pentagon Force regulations regarding motor vehicle The DoD ‘Blanket Routine Uses’ set Protection Agency, 9000 Defense movement and parking on Federal forth at the beginning of OSD’s Pentagon, Washington, DC 20301–9000. premises including reports of traffic compilation of systems of records CONTESTING RECORD PROCEDURES: accidents, traffic violation notices and notices apply to this system. similar records maintained by PFPA. The OSD rules for accessing records, POLICIES AND PRACTICES FOR STORING, for contesting contents and appealing AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND initial agency determinations are Section 21, Internal Security Act of DISPOSING OF RECORDS IN THE SYSTEM: published in OSD Administrative 1950 (Pub. L. 831, 81st Cong.); 40 U.S.C. STORAGE: Instruction 81; 32 CFR part 311; or may 318, as delegated by Administrator, Paper records in file folders in file be obtained from the system manager. General Services Administration, to the cabinets. Magnetic media in controlled RECORD SOURCE CATEGORIES: Deputy Secretary of Defense, September access areas for both on-line and storage 1987, and E.O. 9397 (SSN). disks. Investigators, informants, witnesses, official records, investigative leads, PURPOSE(S): RETRIEVABILITY: statements, depositions, business Information in this system supports Paper records by case control number records, or any other information source the public safety, law enforcement, and type of incident. Magnetic files by available to PFPA.

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EXEMPTIONS CLAIMED FOR THE SYSTEM: Records About Individuals,’ dated CATEGORIES OF INDIVIDUALS COVERED BY THE Parts of this system may be exempt February 8, 1996 (February 20, 1996, 61 SYSTEM: pursuant to 5 U.S.C. 552a(j)(2) if the FR 6427). Civilian media representatives information is compiled and maintained Dated: July 15, 2003. nominated by their respective bureaus by a component of the agency, which Patricia L. Toppings, to be members of the DoD Media Pool. performs as its principle function any Alternate OSD Federal Register Liaison Pentagon correspondents who may activity pertaining to the enforcement of Officer, Department of Defense. criminal laws. The criminal conduct interviews with Pentagon investigation case file and contingency DPAD 12.0 executive level personnel. planning and analysis file may be CATEGORIES OF RECORDS IN THE SYSTEM: partially or totally subject to the general SYSTEM NAME: exemption. DoD National Media Pool and DoD Media Pool files consist of An exemption rule for this record Pentagon Correspondent Files accreditation and other questionnaires system has been promulgated in (December 17, 2001, 66 FR 64960). and forms soliciting the media accordance with the requirements of 5 representative’s name, age, nationality, U.S.C. 553(b) (1), (2), and (3), (c) and (e) Changes Social Security Number, office and and published in 32 CFR part 311. For home addresses and phone numbers, additional information contact the SYSTEM NAME: passport information, medical system manager. Delete ‘National’ from entry. information, and person to be notified [FR Doc. 03–18644 Filed 7–22–03; 8:45 am] * * * * * in an emergency effecting individual. No fault (‘‘hold harmless’’) legal BILLING CODE 5001–08–P CATEGORIES OF INDIVIDUALS COVERED BY THE contracts between DoD and media SYSTEM: organizations as well as no-fault legal contracts between DoD and individual DEPARTMENT OF DEFENSE Delete ‘National’ from entry. media representatives. Ground-rule Office of the Secretary * * * * * agreements between DoD and individuals covering personal conduct Privacy Act of 1974; System of CATEGORIES OF RECORDS IN THE SYSTEM: before and during event. Certificates of Records Delete ‘National’ from entry. Add to background security clearance. first paragraph ‘No fault (‘‘hold AGENCY: Office of the Secretary, DoD. Pentagon correspondent files consist harmless’’) legal contracts between DoD of their photographs and biographies. ACTION: Notice to alter a system of and media organizations as well as no- records. fault legal contracts between DoD and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SUMMARY: The Office of the Secretary is individual media representatives. Ground-rule agreements between DoD 5 U.S.C. 301, Departmental proposing to alter an existing system of Regulations; 10 U.S.C. 138, Assistant records in its inventory of record and individuals covering personal conduct before and during event. Secretaries of Defense; and E.O. 9397 systems subject to the Privacy Act of (SSN). 1974 (5 U.S.C. 552a), as amended. Certificates of background security clearance.’ DATES: The changes will be effective on PURPOSE(S): August 22, 2003 unless comments are * * * * * received that would result in a contrary Media Pool Files are used to issue RETENTION AND DISPOSAL: determination. Pentagon building passes, Media Pool Press Passes, orders, to arrange foreign ADDRESSES: Send comments to OSD Disposition pending. Until the country clearances and visas, and to Privacy Act Coordinator, Records National Archives and Records determine individual’s suitability/ Management Section, Washington Administration has approved the preparedness for deployment with the Headquarters Services, 1155 Defense retention and disposition of these media pool. Pentagon, Washington, DC 20301–1155. records, treat records as permanent. FOR FURTHER INFORMATION CONTACT: Mr. * * * * * Pentagon correspondent records are Dan Cragg at (703) 601–4722. used by Pentagon executive level DPAD 12.0 personnel to provide a brief summary of SUPPLEMENTARY INFORMATION: The Office the correspondent’s professional of the Secretary of Defense notices for SYSTEM NAME: experience and background. systems of records subject to the Privacy DoD Media Pool and Pentagon Act of 1974 (5 U.S.C. 552a), as amended, Correspondent Files. ROUTINE USES OF RECORDS MAINTAINED IN THE have been published in the Federal SYSTEM, INCLUDING CATEGORIES OF USERS AND Register and are available from the SYSTEM LOCATION: THE PURPOSES OF SUCH USES: address above. The proposed systems reports, as Office of the Assistant Secretary of In addition to those disclosures required by 5 U.S.C. 552a(r) of the Defense (Public Affairs), Directorate for generally permitted under 5 U.S.C. Privacy Act of 1974, as amended, were Plans, Room 2D757, 1400 Defense 552a(b) of the Privacy Act, these records submitted on July 9, 2003, to the House Pentagon, Washington, DC 20301–1400 or information contained therein may Committee on Government Reform, the for Media Pool records. specifically be disclosed outside the Senate Committee on Governmental Office of the Assistant Secretary of DoD as a routine use pursuant to 5 Affairs, and the Office of Management Defense (Public Affairs), Directorate of U.S.C. 552a(b)(3) as follows: and Budget (OMB) pursuant to Defense Information, 1400 Defense The DoD ‘Blanket Routine Uses’ set paragraph 4c of Appendix I to OMB Pentagon, Room 2E765, Washington, DC forth at the beginning of OSD’s Circular No. A–130, ‘Federal Agency 20301–1400 for the Pentagon compilation of systems of records Responsibilities for Maintaining Correspondent records. notices apply to this system.

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POLICIES AND PRACTICES FOR STORING, initial agency determinations are Dated: July 16, 2003. RETRIEVING, ACCESSING, RETAINING, AND published in OSD Administrative Patricia L. Toppings, DISPOSING OF RECORDS IN THE SYSTEM: Instruction 81; 32 CFR part 311; or may Alternate OSD Federal Register Liaison STORAGE: be obtained from the system manager. Officer, Department of Defense. Paper records in file folders and CIG–11 computerized electronic records. RECORD SOURCE CATEGORIES: SYSTEM NAME: RETRIEVABILITY: Accreditation and other questionnaires and forms completed or Budget Information Tracking System Paper records are retrieved by provided by the individual and (BITS) (February 22, 1993, 58 FR individual’s last name, Social Security 10213). Number, bureau, or organization. information provided by the Electronic records are retrieved by last individual’s employer or bureau. Changes name, Social Security Number, and/or * * * * * EXEMPTIONS CLAIMED FOR THE SYSTEM: news organization. None. SYSTEM LOCATION: SAFEGUARDS: Delete entry and replace with ‘Office Records are accessed by authorized [FR Doc. 03–18645 Filed 7–22–03; 8:45 am] of the Chief of Staff, Office of the personnel with an official need-to-know BILLING CODE 5001–08–P Comptroller, Office of the Inspector who have been trained for handling General of the Department of Defense, Privacy Act information. Electronic 400 Army Navy Drive, Arlington, VA records are accessible only by the DEPARTMENT OF DEFENSE 22202–4704.’ Directorate of Defense Information * * * * * administrative staff. Office of the Inspector General; Privacy Act of 1974; System of CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Records Delete from entry ‘and Blanket Travel, Disposition pending. Until the employee training.’ Move the records National Archives and Records AGENCY: Office of the Inspector General, currently listed under Purpose, to this Administration has approved the DoD. entry. Those records are ‘individual’s retention and disposition of these ACTION: Notice to amend systems of name, Social Security Number grade/ records, treat records as permanent. records. rank and financial transaction document number’. SYSTEM MANAGER(S) AND ADDRESS: For DoD Media Pool files: Office of SUMMARY: The Office of the Inspector AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the Assistant Secretary of Defense General, DoD, is amending a system of Delete entry and replace with ‘Pub.L. (Public Affairs), Directorate for plans, records notice in its existing inventory 95–452, the Inspector General Act of Room 2D757, 1400 Defense Pentagon, of record systems subject to the Privacy 1978, as amended; 5 U.S.C. 301, Washington, DC 20301–1400. Act of 1974, (5 U.S.C. 552a), as Departmental Regulations; DoD amended. 7000.14–R, DoD Financial Management FOR PENTAGON CORRESPONDENT FILES: Regulation; DoD Directive 5106.1, Deputy Director, Directorate for DATES: This proposed action will be Inspector General of the Department of Defense Information, Office of the effective without further notice on Defense, Organization and Functions Assistant Secretary of Defense (Public August 22, 2003, unless comments are Guide; OIG DoD Instruction 7200.1, Affairs), 1400 Defense Pentagon, Room received which result in a contrary Budget and Fund Control; OIG DoD 2E765, Washington, DC 20301–1400. determination. Instruction 7250.13, Official Representation Funds; and E.O. 9397 NOTIFICATION PROCEDURE: ADDRESSES: Send comments to Office of (SSN).’ Individuals seeking to determine the Inspector General, Department of whether information about themselves Defense, 400 Army Navy Drive, Room PURPOSE(S): is contained in this system should 223, Arlington, VA 22202–4704. Delete entry and replace with address written inquiries to the ‘Information is used in determining FOR FURTHER INFORMATION CONTACT: Mr. appropriate System manager above. current year execution and future Darryl R. Aaron at (703) 604–9785. The request should contain budgetary requirements for the OIG as individual’s full name, individual’s SUPPLEMENTARY INFORMATION: The Office follows: Social Security Number, and bureau or of the Inspector General, DoD, systems a. Tracking temporary duty travel organization where employed. of records notices subject to the Privacy costs. Act of 1974, (5 U.S.C. 552a), as b. Tracking Permanent Change of RECORD ACCESS PROCEDURES: amended, have been published in the Station costs. Individuals seeking access to Federal Register and are available from c. Maintain spreadsheets maintained information about themselves contained the address above. by Human Resource Training/purchase in this system should address written cardholders. inquiries to the appropriate System The specific changes to the records d. Tracking cash award costs.’ manager above. system being amended are set forth * * * * * The request should contain below followed by the notice, as individual’s full name, individual’s amended, published in its entirety. The RETRIEVABILITY: Social Security Number, and bureau or proposed amendments are not within Records are retrieved by the organization where employed. the purview of subsection (r) of the individual’s financial transaction Privacy Act of 1974, (5 U.S.C. 552a), as document number. A specified data CONTESTING RECORD PROCEDURES: amended, which requires the element or a combination thereof The OSD rules for accessing records, submission of a new or altered system contained in this system of records are for contesting contents and appealing report. used for accessing information.

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RETENTION AND DISPOSAL: or information contained therein may are published in 32 CFR part 312 or may Delete entry and replace with specifically be disclosed outside the be obtained from the system manager. ‘Records are maintained for current DoD as a routine use pursuant to 5 RECORD SOURCE CATEGORIES fiscal year. Destroy 6 years and 3 U.S.C. 552a(b)(3) as follows: months after the close of the fiscal year.’ The DoD ‘Blanket Routine Uses’ set Data maintained in the system is * * * * * forth at the beginning of the OIG’s obtained directly from the individual on compilation of systems of records the following forms: CIG–11 notices also apply to this system. a. Request to Temporary Duty Travel Form, provided to the Travel Section SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, with information obtained from the Budget Information Tracking System RETRIEVING, ACCESSING, RETAINING, AND individual traveler; DISPOSING OF RECORDS IN THE SYSTEM: (BITS). b. Request for Permanent Change of STORAGE: SYSTEM LOCATION: Station Form, provided by the Personnel Paper records in file folders and or and Security Directorate and Travel Office of the Chief of Staff, Office of binders and on electronic storage media Section with information obtained from the Comptroller, Office of the Inspector or a combination thereof. the individual; General of the Department of Defense, c. Request for Training Form, RETRIEVABILITY: 400 Army Navy Drive, Arlington, VA provided by the Training Officer within 22202–4704. Records are retrieved by the each segment of the Office of the individual’s financial transaction CATEGORIES OF INDIVIDUALS COVERED BY THE Assistant Inspector General with SYSTEM: document number. A specified data information obtained from the element or a combination thereof All Office of the Inspector General individual; and contained in this system of records are (OIG) employees who participate in OIG d. Incentive Awards Nomination and used for accessing information. Travel, Permanent Change of Station, Action Form, provided by the Personnel Awards, and Training. SAFEGUARDS: and Security Directorate with information obtained from an Access to the system is protected/ CATEGORIES OF RECORDS IN THE SYSTEM: individual’s supervisor and personnel restricted through the use of assigned records. To the extent that a follow-up Individual’s name, Social Security user identification/passwords for entry to resolve discrepancies is required, Number, grade and or rank, financial into system modules. transaction document number, and the information is collected directly from cost records of the OIG employees who RETENTION AND DISPOSAL: the individual or the appropriate office have been approved for Temporary Records are maintained for current within the Office of the Inspector Duty; Permanent Change of Station fiscal year. Destroy 6 years and 3 General on Department of Defense (DD) (PCS); and an employee cash award. months after the close of the fiscal year. Forms 1610 and 1614, Standard Form 182, and IG Form 1400.430–3. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Pub. L. 95–452, the Inspector General Comptroller, Office of the Chief of EXEMPTIONS CLAIMED FOR THE SYSTEM: Act of 1978, as amended; 5 U.S.C. 301, Staff, Office of the Inspector General of None. Departmental Regulations; DoD 7000.14- the Department of Defense, 400 Army [FR Doc. 03–18648 Filed 7–22–03; 8:45 am] R, DoD Financial Management Navy Drive, Arlington, VA 22202–4704. Regulation; DoD Directive 5106.1, BILLING CODE 5001–08–U Inspector General of the Department of NOTIFICATION PROCEDURE: Defense, Organization and Functions Individuals seeking to determine DEPARTMENT OF DEFENSE Guide; OIG DoD Instruction 7200.1, whether this system of records contains Budget and Fund Control; OIG DoD information about themselves should Department of the Army Instruction 7250.13, Official address written inquiries to the Chief, Representation Funds; and E.O. 9397 Freedom of Information Act/Privacy Act Privacy Act of 1974; System of (SSN). Office, 400 Army Navy Drive, Arlington, Records VA 22202–4704. PURPOSE(S): The request should contain the full AGENCY: Department of the Army, DoD. Information is used in determining name, address, and Social Security ACTION: Notice to amend systems of current year execution and future Number of the individual. records. budgetary requirements for the OIG as follows: RECORD ACCESS PROCEDURES: SUMMARY: The Department of the Army a. Tracking temporary duty travel Individuals seeking access to records is amending one system of records costs. about themselves contained in this notice in its existing inventory of b. Tracking Permanent Change of system of records should address records systems subject to the Privacy Station costs. written inquiries to the Chief, Freedom Act of 1974, (5 U.S.C. 552a), as c. Maintain spreadsheets maintained of Information Act/Privacy Act Office, amended. by Human Resources Training/purchase 400 Army Navy Drive, Arlington, VA DATES: This proposed action will be cardholders. 22202–4704. effective without further notice on d. Tracking cash award costs. The request should contain the full August 22, 2003 unless comments are name, address, and Social Security received which result in a contrary ROUTINE USES OF RECORDS MAINTAINED IN THE Number of the individual. SYSTEM, INCLUDING CATEGORIES OF USERS AND determination. THE PURPOSES OF SUCH USES: CONTESTING RECORD PROCEDURES: ADDRESSES: Department of the Army, In addition to those disclosures The OIG’s rules for accessing records Freedom of Information/Privacy Act generally permitted under 5 U.S.C. and for contesting contents and Office, U.S. Army Records Management 552a(b) of the Privacy Act, these records appealing initial agency determinations and Declassification Agency, ATTN:

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TAPC–PDD–FP, 7798 Cissna Road, CATEGORIES OF INDIVIDUALS COVERED BY THE POLICIES AND PRACTICES FOR STORING, Suite 205, Springfield, VA 22153–3166. SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: FOR FURTHER INFORMATION CONTACT: Ms. Employees of the Army and Air Force Janice Thornton at (703) 806–7137/DSN Exchange Service (AAFES) authorized STORAGE: 656–7137. to perform official travel. Paper records in locked filing cabinets and on electronic storage media. SUPPLEMENTARY INFORMATION: The CATEGORIES OF RECORDS IN THE SYSTEM: Department of the Army systems of RETRIEVABILITY: records notices subject to the Privacy Documents pertaining to travel of By employee’s surname. Act of 1974, (5 U.S.C. 552a), as persons on official Government amended, have been published in the business, and/or their dependents, SAFEGUARDS: Federal Register and are available from including but not limited to travel Information is accessed only by the address above. assignment orders, authorized leave en designated individuals having official The specific changes to the records route, availability of quarters and/or need therefore in the performance of system being amended are set forth shipment of household goods and their duties. below followed by the notice, as personal effects, application for RETENTION AND DISPOSAL: amended, published in its entirety. The passport/visas; security clearance; travel proposed amendments are not within Paper records are destroyed after expense vouchers; and similar related imaging and imaged documents are the purview of subsection (r) of the documents. Privacy Act of 1974, (5 U.S.C. 552a), as maintained for 7 years. amended, which requires the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: submission of a new or altered system 10 U.S.C. 3013, Secretary of the Army Commander, Army and Air Force report. Exchange Service, 3911 S. Walton and 8013; Army Regulation 215–1, The Dated: July 16, 2003. Walker Boulevard, Dallas, TX 75236– Administration of Morale, Welfare, and Patricia L. Toppings, 1598. Recreation Activities and Non- Alternate OSD Federal Register Liaison appropriated Fund Instrumentalities; NOTIFICATION PROCEDURE: Officer, Department of Defense. Army Regulation 60–20, Army and Air Individuals seeking to determine AAFES 0410.01 Force Exchange Service Operating whether information about themselves Policies; and E.O. 9397 (SSN). is contained in this system should SYSTEM NAME: address written inquiries to the Employee Travel Files (August 9, PURPOSE(S): Commander, Army and Air Force 1996, 61 FR 41580). To process official travel requests for Exchange Service, ATTN: Director, Changes military and civilian employees of the Administrative Services Division, 3911 Army and Air Force Exchange Service; S. Walton Walker Boulevard, Dallas, TX * * * * * to determine eligibility of individual’s 75236–1598. Individual should provide full name, dependents to travel; to obtain STORAGE: Social Security Number, current address necessary clearance where foreign travel and telephone number, details of travel Delete entry and replace with ‘Paper is involved, including assisting records in locked filing cabinets and on authorization/clearance documents individual in applying for passports and electronic storage media.’ sought, and signature. visas and counseling where proposed * * * * * travel involves visiting/transiting RECORD ACCESS PROCEDURES: communist countries. RETENTION AND DISPOSAL: Individuals seeking access to information about themselves contained Delete entry and replace with ‘Paper ROUTINE USES OF RECORDS MAINTAINED IN THE in this system should address written records are destroyed after imaging and SYSTEM, INCLUDING CATEGORIES OF USERS AND inquiries to the Commander, Army and imaged documents are maintained for 7 THE PURPOSES OF SUCH USES: Air Force Exchange Service, ATTN: years.’ In addition to those disclosures Director, Administrative Services * * * * * generally permitted under 5 U.S.C. Division, 3911 S. Walton Walker AAFES 0410.01 552a(b) of the Privacy Act, these records Boulevard, Dallas, TX 75236–1598. or information contained therein may Individual should provide full name, SYSTEM NAME: specifically be disclosed outside the Social Security Number, current address and telephone number, details of travel Employee Travel Files. DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: authorization/clearance documents SYSTEM LOCATION: sought, and signature. Information may be disclosed to Headquarters, Army and Air Force attache´ or law enforcement authorities CONTESTING RECORD PROCEDURES: Exchange Service, 3911 S. Walton of foreign countries. The Army’s rules for accessing Walker Boulevard, Dallas, TX 75236– To the U.S. Department of Justice or records and for contesting contents and 1598; Commander, AAFES Europe, Unit Department of Defense legal/ appealing initial agency determinations 24580, APO AE 09245–4580; are contained in Army Regulation 340– Commander, AAFES Pacific Rim intelligence/investigative agencies for security, investigative, intelligence, and/ 21; 32 CFR part 505; or may be obtained Region, Unit 35163, APO AP 96378– from the system manager. 5163; and Base on post exchange within or counterintelligence operations. the AAFES system. Official mailing The DoD ‘Blanket Routine Uses’ set RECORD SOURCE CATEGORIES: addresses are published as an appendix forth at the beginning of the Army’s From the individual, official travel to the Army’s compilation of systems of compilation of systems of records orders, travel expense vouchers, receipts records notices. notices apply to this system. and similar relevant documents.

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EXEMPTIONS CLAIMED FOR THE SYSTEM: Headquarters, Defense Logistics Agency, POLICIES AND PRACTICES FOR STORING, None. 8725 John J. Kingman Road, Stop 6220, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: [FR Doc. 03–18647 Filed 7–22–03; 8:45 am] Fort Belvoir, VA 22060–6221, and DLA BILLING CODE 5001–08–U field units. Official mailing addresses STORAGE: are published as an appendix to DLA’s Records are stored in paper and compilation of systems of records electronic format. DEPARTMENT OF DEFENSE notices. RETRIEVABILITY: Defense Logistics Agency CATEGORIES OF INDIVIDUALS COVERED BY THE Records are retrieved by name, Social SYSTEM: Security Number, passport, or clearance Privacy Act of 1974; Systems of Defense Logistics Agency (DLA) request number. Records civilian employees, military members, and other individuals who travel to SAFEGUARDS: AGENCY: Defense Logistics Agency, DoD. overseas locations under DLA Computerized records are maintained ACTION: Notice to add a system of sponsorship. in a controlled area accessible only to records. authorized personnel. Entry to these CATEGORIES OF RECORDS IN THE SYSTEM: areas is restricted by the use of locks, SUMMARY: The Defense Logistics Agency guards, and administrative procedures. proposes to add a system of records The records include name; Social Access to personal information is notice to its inventory of record systems Security Number; nationality; date and limited to those who require the records subject to the Privacy Act of 1974 (5 place of birth; security clearance; travel in the performance of their official U.S.C. 552a), as amended. itinerary; and applications for passports, visas, and theater and country duties. Access to personal information DATES: This action will be effective clearances, including supporting is further restricted by the use of without further notice on August 22, documentation. passwords, which are changed 2003 unless comments are received that periodically. Records are secured in would result in a contrary AUTHORITY FOR MAINTENANCE OF THE SYSTEM: locked or guarded buildings, locked determination. 5 U.S.C. 301, Departmental offices, or locked cabinets during non- ADDRESSES: Send comments to the Regulations; 5 U.S.C. 5702 et seq., duty hours. Privacy Act Officer, Headquarters, Travel, Transportation and Subsistence; RETENTION AND DISPOSAL: Defense Logistics Agency, ATTN: DSS– 10 U.S.C. 136, Under Secretary of B, 8725 John J. Kingman Road, Suite Defense for Personnel and Readiness; 22 Application files and related papers 2533, Fort Belvior, VA 22060–6221. U.S.C., Chapter 4, Passports; DoD are destroyed when 3 years old or upon separation of the bearer, whichever is FOR FURTHER INFORMATION CONTACT: Ms. Regulation 1000.21, Passport and Visa sooner. Official passports are returned Susan Salus at (703) 767–6183. Application Procedures; and E.O. 9397 (SSN). to the Department of State upon SUPPLEMENTARY INFORMATION: The expiration or upon separation of the Defense Logistics Agency notices for PURPOSE(S): employee. systems of records subject to the Privacy Information is being collected and Act of 1974 (5 U.S.C. 552a), as amended, SYSTEM MANAGER(S) AND ADDRESS: maintained to comply with have been published in the Federal Staff Director, DLA Support Services, requirements to gain clearances and Register and are available from the Business Management Office, approvals to travel to, or within, foreign address above. Headquarters, Defense Logistics Agency, countries. The proposed system report, as 8725 John J. Kingman Road, Stop 6220, required by 5 U.S.C. 552a(r) of the ROUTINE USES OF RECORDS MAINTAINED IN THE Fort Belvoir, VA 22060–6221, and the Privacy Act of 1974, as amended, was SYSTEM, INCLUDING CATEGORIES OF USERS AND heads of DLA field activities. Official submitted on July 9, 2003, to the House THE PURPOSES OF SUCH USES: mailing addresses are published as an Committee on Government Reform, the In addition to those disclosures appendix to DLA’s compilation of Senate Committee on Governmental generally permitted under 5 U.S.C. systems of records notices. Affairs, and the Office of Management 552a(b) of the Privacy Act, these records NOTIFICATION PROCEDURE: and Budget (OMB) pursuant to or information contained therein may Individuals seeking to determine paragraph 4c of Appendix I to OMB specifically be disclosed outside the whether this system of records contains Circular No. A–130, ‘Federal Agency DoD as a routine use pursuant to 5 information about themselves should Responsibilities for Maintaining U.S.C. 552a(b)(3) as follows: address written inquiries to the Privacy Records About Individuals,’ dated To officials and employees of other Act Officer, Defense Logistics Agency, February 8, 1996 (February 20, 1996, 61 departments and agencies of the ATTN: DSS-B, 8725 John J. Kingman FR 6427). Executive Branch of government for Road, Stop 6220, Fort Belvoir, VA Dated: July 15, 2003. purposes of securing passports or other 22060–6221, or the Privacy Act Officer required clearances. Patricia L. Toppings, of the particular DLA activity involved. Alternate OSD Federal Register Liaison To Foreign embassies, legations, and Official mailing addresses are published Officer, Department of Defense. consular offices where visas or country as an appendix to DLA’s compilation of entrance clearances are required. S700.20 systems of records notices. To commercial carriers providing Individuals must supply the name of SYSTEM NAME: transportation to individuals whose the DLA facility or activity where Passport, Visa, and Country Clearance applications are processed through this employed at the time the papers were Files. system of records. created or processed. The DoD ‘Blanket Routine Uses’ set SYSTEM LOCATION: forth at the beginning of DLA’s RECORD ACCESS PROCEDURES: Records are located at the offices of compilation of systems of records Individuals seeking access to authorized passport agents at notices apply to this system. information about themselves contained

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in this system of records should address ADDRESSES: Written objections are to be DEPARTMENT OF EDUCATION written inquiries to the Privacy Act filed with Indian Head Division, Naval Officer, Defense Logistics Agency, Surface Warfare Center, Code OC4, 101 Submission for OMB Review; ATTN: DSS–B, 8725 John J. Kingman Strauss Avenue, Indian Head, MD Comment Request Road, Stop 6220, Fort Belvoir, VA 20640–5035. 22060–6221, or the Privacy Act Officer AGENCY: Department of Education. of the particular DLA activity involved. FOR FURTHER INFORMATION CONTACT: Dr. SUMMARY: The Leader, Regulatory Official mailing addresses are published J. Scott Deiter, Head, Technology Information Management Group, Office as an appendix to DLA’s compilation of Transfer Office, Naval Surface Warfare of the Chief Information Officer invites systems of records notices. Center Indian Head Division, Code 05T, comments on the submission for OMB Individuals must supply the name of 101 Strauss Avenue, Indian Head, MD review as required by the Paperwork the DLA facility or activity where 20640–5035, telephone (301) 744–6111. Reduction Act of 1995. employed at the time the papers were Dated: July 10, 2003. DATES: Interested persons are invited to created or processed. E.F. McDonnell, submit comments on or before August 22, 2003. CONTESTING RECORD PROCEDURES: Major, U.S. Marine Corps, Federal Register The DLA rules for accessing records, Liaison Officer. ADDRESSES: Written comments should for contesting contents and appealing [FR Doc. 03–18683 Filed 7–22–03; 8:45 am] be addressed to the Office of initial agency determinations are BILLING CODE 3810–FF–P Information and Regulatory Affairs, contained in DLA Regulation 5400.21, Attention: Lauren Wittenberg, Desk 32 CFR part 323, or may be obtained Officer, Department of Education, Office from the Privacy Act Officer, DEPARTMENT OF DEFENSE of Management and Budget, 725 17th Headquarters, Defense Logistics Agency, Street, NW., Room 10235, New ATTN: DSS–B, 8725 John J. Kingman Department of the Navy Executive Office Building, Washington, Road, Stop 6220, Fort Belvoir, VA DC 20503 or should be electronically 22060–6221. Notice of Intent To Grant Partially mailed to the internet address Exclusive License; Unique [email protected]. RECORD SOURCE CATEGORIES: Technologies, Inc. SUPPLEMENTARY INFORMATION: Data is obtained from the individual; Section 3506 of the Paperwork Reduction Act of existing files; the State Department and AGENCY: Department of the Navy, DoD. other agencies of the Executive Branch, 1995 (44 U.S.C. Chapter 35) requires ACTION: including agency components; foreign Notice. that the Office of Management and embassies, legations, and consular Budget (OMB) provide interested offices; and transportation carriers. SUMMARY: The Department of the Navy Federal agencies and the public an early gives notice of its intent to grant Unique opportunity to comment on information EXEMPTIONS CLAIMED FOR THE SYSTEM: Technologies, Inc., a revocable, collection requests. OMB may amend or None. nonassignable, partially exclusive waive the requirement for public [FR Doc. 03–18646 Filed 7–22–03; 8:45 am] license, with exclusive fields of use in consultation to the extent that public BILLING CODE 5001–08–P law enforcement, private security, and participation in the approval process entertainment, in the United States to would defeat the purpose of the practice the Government-owned information collection, violate State or DEPARTMENT OF DEFENSE invention, U.S. Patent Application Federal law, or substantially interfere Serial Number 10/318,672 entitled with any agency’s ability to perform its Department of the Navy ‘‘Non-Lethal Flash Grenade.’’ statutory obligations. The Leader, Regulatory Information Management Notice of Intent To Grant Partially DATES: Anyone wishing to object to the Group, Office of the Chief Information Exclusive License; Phase IV grant of this license must file written Officer, publishes that notice containing Engineering, Inc. objections along with supporting proposed information collection AGENCY: Department of the Navy, DoD. evidence, if any, not later than August requests prior to submission of these requests to OMB. Each proposed ACTION: Notice. 8, 2003. information collection, grouped by ADDRESSES: Written objections are to be SUMMARY: The Department of the Navy office, contains the following: (1) Type filed with Indian Head Division, Naval gives notice of its intent to grant Phase of review requested, e.g. new, revision, Surface Warfare Center, Code OC4, 101 IV Engineering, Inc., a revocable, extension, existing or reinstatement; (2) Strauss Avenue, Indian Head, MD nonassignable, partially exclusive Title; (3) Summary of the collection; (4) license, with exclusive fields of use in 20640–5035. Description of the need for, and commercial transportation and logistics, FOR FURTHER INFORMATION CONTACT: Dr. proposed use of, the information; (5) law enforcement, private security, J. Scott Deiter, Head, Technology Respondents and frequency of highway and road safety, facility HVAC, Transfer Office, Naval Surface Warfare collection; and (6) Reporting and/or in the United States to practice the Center Indian Head Division, Code 05T, Recordkeeping burden. OMB invites Government-owned invention, U.S. 101 Strauss Avenue, Indian Head, MD public comment. Patent Application Serial Number 10/ 20640–5035, telephone (301) 744–6111. Dated: July 18, 2003. 021,700 entitled ‘‘Micromechanical Dated: July 10, 2003. Angela C. Arrington, Shock Sensor.’’ Leader, Regulatory Information Management E.F. McDonnell, DATES: Anyone wishing to object to the Group, Office of the Chief Information, grant of this license must file written Major, U.S. Marine Corps, Federal Register Officer. objections along with supporting Liaison Officer. Federal Student Aid evidence, if any, not later than August [FR Doc. 03–18684 Filed 7–22–03; 8:45 am] 8, 2003. BILLING CODE 3810–FF–P Type of Review: Extension.

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Title: National Student Loan Data c. Purpose of the Telephone UNS Electric, Inc. and Aha Macav System (NSLDS). Conference: The Federal Energy Power Service; (3) an Interchange Frequency: On occasion, Weekly, Regulatory Commission, Advisory Agreement between El Paso Electric Monthly, Quarterly. Council on Historic Preservation, Company and UNS Electric, Inc.; and (4) Affected Public: Businesses or other Arizona State Historic Preservation an Interconnection Agreement between for-profit; Not-for-profit institutions; Office, USDA Forest Service, Yavapai- Nevada Power Company and UNS State, local or Tribal Gov’t, SEAs or Apache, Hopi Tribe, and the Arizona Electric, Inc. UNS Electric states that the LEAs. Public Service Company intend to tariff and agreements will be transferred Reporting and Recordkeeping Hour discuss the Final Memorandum of to UNS Electric as a result of the Burden: Agreement and Associated Revised Commission-approved transfer of Responses: 29,952. Historic Properties Management Plan certain electric assets from Citizens Burden Hours: 179,712. Involving the Childs-Irving Communications Company to Abstract: The U.S. Department of Hydroelectric Project. UniSource Energy Corporation, UNS Education collects data from d. If you want to participate by Electric’s corporate parent. See Tucson postsecondary schools and guaranty telephone, please contact Frank Elec. Power Co., 103 FERC ¶ 62,100. agencies about Federal Perkins loans, Winchell at the number listed above no Comment Date: August 4, 2003. Federal family education loans, and later than July 31, 2003. William D. Ford direct student loans to 3. Cleco Power LLC Magalie R. Salas, be used to determine eligibility for Title [Docket No. ER03–1065–000] Secretary. IV student financial aid. Take notice that on July 14, 2003, Requests for copies of the submission [FR Doc. 03–18775 Filed 7–22–03; 8:45 am] Cleco Power LLC tendered for filing a for OMB review; comment request may BILLING CODE 6717–01–P Second Revised Service Agreement No. be accessed from http:// 66, under FERC Electric Tariff Original edicsweb.ed.gov, by selecting the Volume No. 1. Cleco Power LLC states DEPARTMENT OF ENERGY ‘‘Browse Pending Collections’’ link and that the filing reflects revisions to the by clicking on link number 2311. When Federal Energy Regulatory agreement made in section 1.3, you access the information collection, Commission Commercial Operation Date. Cleco click on ‘‘Download Attachments’’ to Power LLC also states that the original view. Written requests for information [Docket No. EC03–106–000, et al.] Commercial Operation Date of should be addressed to Vivian Reese, November 1, 2004 has been revised to Mobile Energy Services Company. Department of Education, 400 Maryland reflect a later date of June 1, 2005. Avenue, SW., Room 4050, Regional LLC, et al.; Electric Rate and Corporate Comment Date: August 4, 2003. Office Building 3, Washington, DC Filings 20202–4651 or to the e-mail address 4. The Dayton Power and Light July 17, 2003. Company [email protected]. Requests may also The following filings have been made be electronically mailed to the internet [Docket No. ER03–1066–000] _ with the Commission. The filings are address OCIO [email protected] or faxed to listed in ascending order within each Take notice that on July 14, 2003, The 202–708–9346. Please specify the docket classification. Dayton Power and Light Company complete title of the information (Dayton), tendered for filing an collection when making your request. 1. Mobile Energy Services Company, Amendment to Interconnection Comments regarding burden and/or LLC Agreement with DPL Energy, LLC. the collection activity requirements [Docket No. EC03–106–000 Mobile Energy Comment Date: August 4, 2003. should be directed to Joseph Schubart at Services Holdings, Inc.] 5. Santa Rosa Energy LLC his e-mail address [email protected]. Take notice that on July 11, 2003, Individuals who use a Mobile Energy Services Company, LLC [Docket No. ER03–1067–000] telecommunications device for the deaf and Mobile Energy Services Holdings, Take notice that on July 14, 2003, (TDD) may call the Federal Information Inc. (jointly the Applicants) filed with Santa Rosa Energy LLC filed a Notice of Relay Service (FIRS) at 1–800–877– the Federal Energy Regulatory Cancellation of its Rate Schedule FERC 8339. Commission (Commission), an No. 1. [FR Doc. 03–18709 Filed 7–22–03; 8:45 am] application for authorization of the Comment Date: August 4, 2003. BILLING CODE 4000–01–P disposition of jurisdictional facilities to 6. Cinergy Services, Inc. certain creditors under a proposed plan of reorganization in connection with [Docket No. ER03–1068–000] DEPARTMENT OF ENERGY bankruptcy proceedings, pursuant to Take notice that on July 14, 2003, Section 203 of the Federal Power Act, Cinergy Services, Inc., on behalf of The Federal Energy Regulatory 16 U.S.C. 824(b)(2002), and a request for Cincinnati Gas & Electric Company Commission expedited approval and waiver of (CG&E), tendered for filing a Notice of various provisions of the regulations. Cancellation of CG&E’s FERC Electric [Project No. 2069–007 Arizona] Comment Date: August 1, 2003. Tariff, First Revised Volume No. 1, Rate WH–1, Rate Schedule No. 4. Childs-Irving Hydroelectric Project; 2. UNS Electric, Inc. Notice of Telephone Conference Comment Date: August 4, 2003. [Docket No. ER03–1064–000] 7. Cinergy Services, Inc. July 17, 2003. Take notice that on July 14, 2003, a. Date and Time of Telephone UNS Electric, Inc. (UNS Electric) filed [Docket No. ER03–1069–000] Conference: August 7, 2003, at 2 p.m. an application requesting acceptance of Take notice that on July 14, 2003, EST (1) The Open Access Transmission Cinergy Services, Inc., on behalf of The b. FERC Contact: Frank Winchell at Tariff of UNS Electric, Inc.; (2) a Non- Cincinnati Gas & Electric Company (202) 502–6104. firm Interchange Agreement between (CG&E), tendered for filing a Notice of

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Cancellation of CG&E’s FERC Electric Commission the First Revised Rate DEPARTMENT OF ENERGY Tariff, First Revised Volume No. 1, Rate Schedule No. 23, which is the Contract WS-P, Rate Schedule No. 5. for Interchange Service between FPL Federal Energy Regulatory Comment Date: August 4, 2003. and Tampa Electric Corporation (Tampa Commission 8. Cinergy Services, Inc. Electric). [Docket No. EC03–107–000, et al.] FPL states that a copy of this filing [Docket No. ER03–1070–000] has been served on Tampa Electric and Northern Electric Power Co. L.P., et al.; Take notice that on July 14, 2003, the Florida Public Service Commission. Electric Rate and Corporate Filings Cinergy Services, Inc., on behalf of The Cincinnati Gas & Electric Company Comment Date: August 5, 2003. July 16, 2003. (CG&E), tendered for filing a Notice of 12. Cinergy Services, Inc. The following filings have been made Cancellation of CG&E’s FERC Electric with the Commission. The filings are Tariff, First Revised Volume No. 1, Rate [Docket No. ER03–1075–000] listed in ascending order within each WS-S, Rate Schedule No. 6. Take notice that on July 14, 2003, docket classification. Comment Date: August 4, 2003. Cinergy Services, Inc., on behalf of The 1. Northern Electric Power Co., L.P., 9. Cinergy Services, Inc. Cincinnati Gas & Electric Company Adirondack Hydro-Fourth Branch LLC, (CG&E), tendered for filing a Notice of [Docket No. ER03–1071–000] NYSD Limited Partnership, Sissonville Cancellation of CG&E’s F.E.R.C. Electric Limited Partnership and Warrensburg Take notice that on July 14, 2003, Tariff, First Revised Volume No. 1, Hydro Power Limited Partnership Cinergy Services, Inc., on behalf of The Rider F, Rate Schedule No. 7A. Union Light, Heat and Power Company [Docket No. EC03–107–000] (ULH&P), tendered for filing a Notice of Comment Date: August 4, 2003. Take notice that on July 11, 2003, Cancellation of ULH&P’s FERC Electric Standard Paragraph Black Hills Generation, Inc. (Black Hills Tariff, Original Volume No. 1, Rate WS- Generation), on behalf of certain of its S, Rate Schedule No. 4. Any person desiring to intervene or to subsidiaries and affiliates, together with Comment Date: August 4, 2003. protest this filing should file with the Hamptons Power LLC (Hamptons), as sellers (collectively, Sellers), and BPIF 10. New England Power Pool Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC LLC and Boralex New York Inc. [Docket No. ER03–1072–000] 20426, in accordance with Rules 211 (collectively, Buyers), tendered for filing Take notice that on July 15, 2003, the and 214 of the Commission’s Rules of with the Federal Energy Regulatory New England Power Pool (NEPOOL) Practice and Procedure (18 CFR 385.211 Commission (Commission), an submitted the Ninety-Eighth Agreement and 385.214). Protests will be application pursuant to section 203 of Amending New England Power Pool considered by the Commission in the Federal Power Act requesting Agreement, which modifies determining the appropriate action to be authorization from the Federal Energy Attachments L, N, and O of the Restated taken, but will not serve to make Regulatory Commission for Sellers to NEPOOL Open Access Transmission protestants parties to the proceeding. transfer to Buyers their interests in Northern Electric Power Co., L.P., Tariff (the NEPOOL Tariff), the Any person wishing to become a party Adirondack Hydro-Fourth Branch LLC, Financial Assurance Policy for NEPOOL must file a motion to intervene. All such Members, the NEPOOL Billing Policy, NYSD Limited Partnership, Sissonville motions or protests should be filed on and the Financial Assurance Policy for Limited Partnership, and Warrensburg or before the comment date, and, to the Non-Participant Financial Transmission Hydro Power Limited Partnership. extent applicable, must be served on the Rights Customers and Non-Participant Comment Date: August 1, 2003. applicant and on any other person Demand Response Providers 2. Calpine Newark, LLC (collectively, the Policies). NEPOOL designated on the official service list. states that the changes to the Policies (i) This filing is available for review at the [Docket No. EG03–82–000] Change the timing of suspension of a Commission or may be viewed on the Take notice that on July 14, 2003, Non-Municipal Participant that fails to Commission’s Web site at http:// Calpine Newark, LLC (Calpine Newark), provide adequate financial assurance; www.ferc.gov, using the ‘‘FERRIS’’ link. c/o Calpine Corporation Eastern Region and (ii) change the Policies so that the Enter the docket number excluding the Office, The Pilot House, 2nd Floor, suspension provisions more precisely last three digits in the docket number Lewis Wharf, Boston, MA 02110, filed reflect how the NEPOOL Markets field to access the document. For with the Federal Energy Regulatory operate under Standard Market Design assistance, contact FERC Online Commission (Commission), an in New England. A September 15, 2003 Support at application for determination of exempt effective date is requested for these [email protected] or toll- wholesale generator status pursuant to changes. free at (866)208–3676, or for TTY, part 365 of the Commission’s NEPOOL states that copies of these contact (202)502–8659. Protests and regulations. materials were sent to the NEPOOL interventions may be filed electronically Calpine Newark states that it is a Participants, Non-Participant via the Internet in lieu of paper; see 18 Delaware limited liability company and Transmission Customers and the New CFR 385.2001(a)(1)(iii) and the a wholly owned subsidiary of Calpine England state governors and regulatory instructions on the Commission’s Web Cogeneration Corporation. Calpine commissions. site under the ‘‘e-Filing’’ link. The Newark further states that it owns a 52 Comment Date: August 5, 2003. Commission strongly encourages MW cogeneration facility located in electronic filings. 11. Florida Power & Light Company Newark, New Jersey and sells the output of the facility at wholesale. [Docket Nos. ER03–1074–000] Magalie R. Salas, Newark states that copies of the Take notice that on July 15, 2003, Secretary. application were served upon the Florida Power & Light Company (FPL) [FR Doc. 03–18772 Filed 7–22–03; 8:45 am] Securities and Exchange Commission, filed with the Federal Energy Regulatory BILLING CODE 6717–01–P New Jersey Board of Public Utilities,

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Colorado Public Utilities Commission, Cancellation of the portions of the Chair of the WSPP Executive Kansas Corporation Commission, Interconnection Agreement dated Committee; and Bobby J. Campo, Chair Michigan Public Service Commission, August 1, 1985 between Alabama of the WSPP Operating Committee. Minnesota Public Utilities Commission, Electric Cooperative, Inc. and Gulf Comment Date: August 1, 2003. New Mexico Public Regulation Power Company (Gulf Power Standard Paragraph Commission, North Dakota Public Company’s Rate Schedule FERC No. 82) Service Commission, Oklahoma that pertain to the supply of emergency Any person desiring to intervene or to Corporation Commission, South Dakota service. Gulf Power Company states that protest this filing should file with the Public Utilities Commission, Texas this cancellation was made pursuant to Federal Energy Regulatory Commission, Public Utility Commission, Wisconsin a bilateral amendment to the 888 First Street, NE., Washington, DC Public Service Commission, and Interconnection Agreement. 20426, in accordance with Rules 211 Wyoming Public Service Commission. Comment Date: August 1, 2003. and 214 of the Commission’s Rules of Comment Date: August 6, 2003. Practice and Procedure (18 CFR 385.211 7. Carolina Power & Light Company and 385.214). Protests will be 3. Idaho Power Company [Docket No. ER03–1060–000] considered by the Commission in [Docket Nos. ER03–487–003 and ER03–488– Take notice that on July 11, 2003, determining the appropriate action to be 003] Carolina Power & Light Company taken, but will not serve to make Take notice that on July 11, 2003, (CP&L) tendered for filing a Notice of protestants parties to the proceeding. Idaho Power Company submitted a Termination of a Facility Any person wishing to become a party filing in compliance with the Interconnection and Operating must file a motion to intervene. All such Commission’s March 31, 2003 Order, Agreement (IOA) between CP&L and motions or protests should be filed on 102 FERC ¶ 61,351 in Docket Nos. Dominion Person, Inc. (Dominion). or before the comment date, and, to the ER03–487–002 and ER03–488– CP&L states that termination of the IOA extent applicable, must be served on the 002.Comment Date: August 1, 2003. has been mutually agreed to by CP&L applicant and on any other person designated on the official service list. 4. Sierra Pacific Industries and Dominion. Comment Date: August 1, 2003. This filing is available for review at the [Docket No. ER03–860–002] Commission or may be viewed on the 8. PJM Interconnection, L.L.C. Take notice that on July 11, 2003, Commission’s Web site at http:// Sierra Pacific Industries (SPI), filed with [Docket No. ER03–1061–000] www.ferc.gov , using the ‘‘FERRIS’’ link. the Federal Energy Regulatory Take notice that on July 11, 2003, PJM Enter the docket number excluding the Commission a second errata to its May Interconnection, L.L.C. (PJM), submitted last three digits in the docket number 21 application for approval of its initial for filing three interim interconnection field to access the document. For tariff (FERC Electric Tariff Original service agreements (Interim ISAs) assistance, please contact FERC Online Volume No. 1), and for blanket approval between PJM and Conectiv Delmarva Support at for market-based rates pursuant to part Generation, Inc., Armstrong Energy [email protected] or toll- 35 of the Commission’s regulations. SPI Limited Partnership, L.L.L.P., and free at (866)208–3676, or for TTY, requests a shortened notice period for Handsome Lake Energy L.L.C. and three contact (202)502–8659. Protests and this errata. SPI also states that the notices of cancellation of certain Interim interventions may be filed electronically purpose of the second errata is to reflect ISAs that have been superseded. via the Internet in lieu of paper; see 18 the creation of a subsidiary, Sierra PJM requests a waiver of the CFR 385.2001(a)(1)(iii) and the Pacific Energy, LLC, (SPE) that will Commission’s 60-day notice instructions on the Commission’s Web undertake power marketing pursuant to requirement to permit the effective dates site under the ‘‘e-Filing’’ link. The the authority requested in this agreed to by the parties to the Commission strongly encourages application. agreements. PJM states that copies of electronic filings. SPE states that it seeks blanket this filing were served upon the parties Magalie R. Salas, market-based rate authority as well as to the agreements and the state Secretary. the waiver of those Commission rules regulatory commissions within the PJM [FR Doc. 03–18773 Filed 7–22–03; 8:45 am] generally granted to power marketers. region. SPI also states that it is a California Comment Date: August 1, 2003. BILLING CODE 6717–01–P corporation. 9. Citadel Energy Products LLC Comment Date: July 25, 2003. DEPARTMENT OF ENERGY [Docket No. ER03–1062–000] 5. Tri-State Power, LLC Take notice that on July 11, 2003, Federal Energy Regulatory [Docket No. ER03–1056–000] Citadel Energy Products LLC (CEP) filed Commission Take notice that on July 10, 2003, Tri- with the Federal Energy Regulatory [Project No. 12423–000 Idaho] State Power, LLC tendered for filing a Commission (Commission) an Notice of Cancellation of its power sales amendment to the Western Systems American Falls Reservoir District No. contracts in accordance with 18 CFR Power Pool (WSPP) Agreement. CEP 2, Big Wood Canal Company; Notice of 35.15’’ and the Commission’s Order states that this amendment revises the Availability of Environmental Authorizing Disposition of WSPP Agreement to list CEP as a Assessment Jurisdictional Facilities issued June 12, member of the WSPP. CEP requests that 2003. the Commission allow the amendment July 17, 2003. Comment Date: July 31, 2003. to become effective July 11, 2003. In accordance with the National 6. Gulf Power Company CEP states that a copy of this filing Environmental Policy Act of 1969 and has been served upon Michael Small, the Federal Energy Regulatory [Docket No. ER03–1059–000] General Counsel to the Western Systems Commission’s (Commission) Take notice that on July 11, 2003, Gulf Power Pool; Steve Norris, Arizona regulations, 18 CFR part 380 (Order No. Power Company, filed a Notice of Public Service Company; Ricky Bittle, 486, 52 FR 47897), the Office of Energy

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Projects has reviewed the application CONTACT PERSON FOR MORE INFORMATION: A–2. for license for the Lateral 993 Magalie R. Salas, Secretary; Telephone DOCKET# AD02–7, 000, Customer Matters, Hydroelectric Project and has prepared (202) 502–8400. Reliability, Security and Market Chairman Wood and Commissioners Operations an Environmental Assessment (EA) for A–3. the project. The project is located at the Massey and Brownell voted to hold a Western Energy Infrastructure Conference juncture of the 993 Lateral and North closed meeting on July 24, 2003. The Gooding Main Canal, Boise Meridian, 20 certification of the General Counsel MARKETS, TARIFFS AND RATES— miles northwest of the Town of explaining the action closing the ELECTRIC Shoshone, Lincoln County, Idaho. The meeting is available for public E–1. initial diversion is the Milner Dam on inspection in the Commission’s Public DOCKET# RM02–1, 000, Standardization of Generator Interconnection Agreements the Snake River. The North Gooding Reference Room at 888 First Street, NE., Washington, DC 20426. and Procedures Main Canal is part of a U.S. Bureau of E–2. Land Management (BLM) project. The The Chairman and the DOCKET# RM02–12, 000, Standardization project would occupy 17 acres of Commissioners, their assistants, the of Small Generator Interconnection Federal land managed by the BLM. Commission’s Secretary and her Agreements and Procedures The EA contains the Staff’s analysis of assistant, the General Counsel and E–3. the potential environmental impacts of members of her staff, and a stenographer OMITTED the project and concludes that licensing are expected to attend the meeting. E–4. DOCKET# EL03–23, 000, Pacer Power LLC the project, with appropriate Other staff members from the Commission’s program offices who will E–5. environmental protective measures, DOCKET# EL02–111, 000, Midwest would not constitute a major federal advise the Commissioners in the matters Independent Transmission System action that would significantly affect the discussed will also be present. Operator, Inc., et al. quality of the human environment. Magalie R. Salas, E–6. DOCKET# EL03–17, 000, Investigation of A copy of the EA is on file with the Secretary. Commission and is available for public Certain Enron-Affiliated QF’s [FR Doc. 03–18783 Filed 7–18–03; 5:11 pm] inspection. The EA is available for OTHER#S QF87–365, 005, Zond BILLING CODE 6717–01–P Windsystems Holding Company review at the Commission or may be QF90–43, 004, Victory Garden Phase IV viewed on the Commission’s Web site at Partnership http://www.ferc.gov , using the DEPARTMENT OF ENERGY QF91–59, 005, Sky River Partnership and ‘‘FERRIS’’ link. Enter the docket number Zond Windsystems Partners, Ltd., Series excluding the last three digits in the Federal Energy Regulatory 85–A docket number field to access the Commission EL03–19, 000, Southern California Edison document. For assistance, contact FERC Company v. Enron Generating Facilities: Online Support at Sunshine Act; Notice QF90–43, 005, Victory Garden Phase IV [email protected] or toll- Partnership July 16, 2003. QF91–59, 006, Sky River Partnership free at (866)208–3676, or for TTY, The following notice of meeting is QF95–186, 005, Cabazon Power Partners contact (202)502–8659. LLC, For further information, contact published pursuant to section 3(a) of the Government in the Sunshine Act (Pub. QF85–687, 002, Zond Windsystems Allison Arnold at (202) 502–6346. Partners, Ltd., Series 85–A L. 94–409), 5 U.S.C 552B: QF85–686, 002, Zond Windsystems Magalie R. Salas, AGENCY HOLDING MEETING: Federal Partners, Ltd., Series 85–B Secretary. Energy Regulatory Commission. ER03–521, 000, Cabazon Power Partners [FR Doc. 03–18774 Filed 7–22–03; 8:45 am] DATE AND TIME: July 23, 2003, 10 a.m. LLC BILLING CODE 6717–01–P PLACE: Room 2C, 888 First Street, NE., ER03–522, 000, Enron Wind Systems, LLC ER03–523, 000, Zond Windsystem Washington, DC 20426. Partners, Ltd., Series 85–A STATUS: Open. DEPARTMENT OF ENERGY ER03–524, 000, Zond Windsystem MATTERS TO BE CONSIDERED: Agenda. Partners, Ltd., Series 85–B ER03–525, 000, Sky River Partnership Federal Energy Regulatory *Note—Items listed on the Agenda may be ER03–526, 000, Victory Garden Phase IV deleted without further notice. Commission Partnership CONTACT PERSON FOR MORE INFORMATION: ER03–527, 000, ZWHC LLC Notice of Meeting, Notice of Vote, ER03–528, 000, Painted Hills Wind Explanation of Action Closing Meeting Magalie R. Salas, Secretary, telephone (202) 502–8400. For a recording listing Developers and List of Persons to Attend E–7. items stricken from or added to the DOCKET# EL02–113, 002, El Paso Electric July 17, 2003. meeting, call (202) 502–8627. Company, Enron Power Marketing, Inc. The following notice of meeting is This is a list of matters to be and Enron Capital and Trade Resource published pursuant to section 3(a) of the considered by the Commission. It does Corporation Government in the Sunshine Act (Pub. not include a listing of all papers OTHER#S EL02–113, 000, El Paso Electric L. 94–409), 5 U.S.C. 552b: relevant to the items on the Agenda; Company, Enron Power Marketing, Inc. and Enron Capital and Trade Resource AGENCY HOLDING MEETING: Federal however, all public documents may be Corporation Energy Regulatory Commission. examined in the Reference and Information Center. E–8. DATE AND TIME: July 24, 2003, 9:30 a.m. DOCKET# ER03–563, 002, Devon Power PLACE: Room 3M 4A/B, 888 First Street, 836th—Meeting July 23, 2003, Regular Company, Middletown Power LLC, NE., Washington, DC 20426. Meeting, 10 a.m. Montville Power LLC, Norwalk Power LLC and NRG Power Marketing, Inc. STATUS: Closed. ADMINISTRATIVE AGENDA OTHER#S ER03–563, 003, Devon Power MATTERS TO BE CONSIDERED: Non-Public A–1. Company, Middletown Power LLC, Investigations and Inquiries and DOCKET# AD02–1, 000, Agency Montville Power LLC, Norwalk Power Enforcement Related Matters. Administrative Matters LLC and NRG Power Marketing, Inc.

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ER03–563, 004, Devon Power Company, Metropolitan Edison Company, PECO E–25. Middletown Power LLC, Montville Energy Company, Pennsylvania Electric DOCKET# EF00–2012, 000, Bonneville Power LLC, Norwalk Power LLC and Company, PPL Electric Utilities Power Administration NRG Power Marketing, Inc. Corporation, Potomac Electric Power OTHER#S EF00–2012, 001, Bonneville ER03–563, 005, Devon Power Company, Company, Public Service Electric & Gas Power Administration Middletown Power LLC, Montville Company and UGI Utilities Inc. E–26. Power LLC, Norwalk Power LLC and ER03–738, 001, Allegheny Power System OMITTED NRG Power Marketing, Inc. Operating Companies: Monongahela E–27. ER03–563, 006, Devon Power Company, Power Company, Potomac Edison OMITTED Middletown Power LLC, Montville Company and West Penn Power E–28. Power LLC, Norwalk Power LLC and Company, all d/b/a Allegheny Power DOCKET# ER03–379, 002, Southern NRG Power Marketing, Inc. Atlantic City Electric Company; Company Services, Inc. ER03–563, 007, Devon Power Company, Delmarva Power & Light Company, OTHER#S ER03–379, 001, Southern Middletown Power LLC, Montville Baltimore Gas & Electric Company, Company Services, Inc. Power LLC, Norwalk Power LLC and Jersey Central Power & Light Company, E–29. NRG Power Marketing, Inc. Metropolitan Edison Company, DOCKET# ER03–407, 001, California ER03–563, 008, Devon Power Company, Pennsylvania Electric Company, PECO Independent System Operator Middletown Power LLC, Montville Energy Company, PPL Electric Utilities Corporation Power LLC, Norwalk Power LLC and Corporation, Potomac Electric Power E–30. NRG Power Marketing, Inc. Company, Public Service Electric & Gas DOCKET# EL03–50, 001, Powerex ER03–563, 009, Devon Power Company, Company, Rockland Electric Company Corporation v. California Power Middletown Power LLC, Montville and UGI Utilities Inc. Exchange Corporation Power LLC, Norwalk Power LLC and E–11. E–31. NRG Power Marketing, Inc. DOCKET# EL03–125, 000, TransAlta DOCKET# EL02–121, 003, Occidental ER03–563, 010, Devon Power Company, Energy Marketing (U.S.) Inc. v. Chemical Corporation v. PJM Middletown Power LLC, Montville Bonneville Power Administration Interconnection, L.L.C. and Delmarva Power LLC, Norwalk Power LLC and E–12. Power & Light Company NRG Power Marketing, Inc. DOCKET# ER03–902, 000, Commonwealth OTHER#S EL02–121, 004, Occidental E–9. Edison Company Chemical Corporation v. PJM DOCKET# ER03–559, 002, Automated E–13. Interconnection, L.L.C. and Delmarva Power Exchange, Inc. DOCKET# ER03–901, 000, Midwest Power & Light Company E–10. Independent Transmission System E–32. DOCKET# RT01–2, 005, PJM Operator, Inc. DOCKET# EL02–91, 001, Williams Energy Interconnection L.L.C., Allegheny E–14. Marketing & Trading Company v. Electric Cooperative, Inc., Atlantic City DOCKET# ER03–896, 000, Southwest Southern Company Services, Inc. Electric Company, Baltimore Gas & Power Pool, Inc. E–33. Electric Company, Delmarva Power & E–15. DOCKET# ER02–2233, 005, Ameren Light Company, Jersey Central Power & DOCKET# ER03–697, 000, PacifiCorp Services Company, First Energy Corp., Light Company, Metropolitan Edison E–16. Northern Indiana Public Service Company, PECO Energy Company, DOCKET# ER03–854, 000, ISO New Company, National Grid USA and Pennsylvania Electric Company, PPL England Inc. Midwest Independent Transmission Electric Utilities Corporation, Potomac OTHER#S ER03–854, 001, ISO New System Operator, Inc. Electric Power Company, Public Service England Inc. OTHER#S ER02–2233, 004, Ameren Electric & Gas Company and UGI E–17. Services Company, First Energy Corp., Utilities Inc. DOCKET# ER03–453, 000, Allegheny Northern Indiana Public Service OTHER#S RT01–2, 006, PJM Power System, Inc. Company, National Grid USA and Interconnection L.L.C., Allegheny E–18. Midwest Independent Transmission Electric Cooperative, Inc., Atlantic City DOCKET# ER98–3760, 008, California System Operator, Inc. Electric Company, Baltimore Gas & Independent System Operator E–34. Electric Company, Delmarva Power & Corporation DOCKET# EL02–63, 002, Constellation Light Company, Jersey Central Power & OTHER#S EC96–19, 059, Pacific Gas and Power Source, Inc. v. California Power Light Company, Metropolitan Edison Electric Company, San Diego Gas & Exchange Corporation Company, PECO Energy Company, Electric Company and Southern E–35. Pennsylvania Electric Company, PPL California Edison Company DOCKET# PA02–2, 009, Fact-Finding Electric Utilities Corporation, Potomac ER96–1663, 062, Pacific Gas and Electric Investigation into Possible Manipulation Electric Power Company, Public Service Company, San Diego Gas & Electric of Electric and Natural Gas Prices Electric & Gas Company and UGI Company and Southern California E–36. Utilities Inc. Edison Company DOCKET# ER03–86, 003, Midwest RT01–2, 007, PJM Interconnection L.L.C., E–19. Independent Transmission System Allegheny Electric Cooperative, Inc., DOCKET# ER03–407, 002, California Operator, Inc. Atlantic City Electric Company, Independent System Operator E–37. Baltimore Gas & Electric Company, Corporation OMITTED Delmarva Power & Light Company, OTHER#S ER03–407, 003, California E–38. Jersey Central Power & Light Company, Independent System Operator DOCKET# ER03–83, 003, TRANSLink Metropolitan Edison Company, PECO Corporation Development Company, LLC Energy Company, Pennsylvania Electric E–20. E–39. Company, PPL Electric Utilities OMITTED DOCKET# ER03–601, 001, San Diego Gas Corporation, Potomac Electric Power E–21. & Electric Company Company, Public Service Electric & Gas DOCKET# EL01–63, 004, PJM E–40. Company and UGI Utilities Inc. Interconnection, L.L.C. DOCKET# EL03–130, 000, MidAmerican RT01–2, 008, PJM Interconnection L.L.C., E–22. Energy Company v. Mid-Continent Area Allegheny Electric Cooperative, Inc., DOCKET# ER02–653, 002, PacifiCorp Power Pool Atlantic City Electric Company, E–23. E–41. Baltimore Gas & Electric Company, OMITTED OMITTED Delmarva Power & Light Company, E–24. E–42. Jersey Central Power & Light Company, OMITTED OMITTED

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E–43. ER95–1399, 000, Electech, Inc. ER00–891, 000, Thermo Ecotek Corp. OMITTED ER95–1752, 000, Enpower, Inc. ER00–1408, 000, Utilimax.com, Inc. E–44. ER96–734, 000, Energy Marketing Services, ER00–1530, 000, Energy & Steam DOCKET# EL03–128, 000, D.E. Shaw Inc. Company, Inc. Plasma Power, L.L.C. ER96–924, 000, Direct Access ER00–2316, 000, Energy Systems E–45. Management, L.P. Northeast, LLC DOCKET# EL03–54, 000, Cities of ER96–1283, 000, BTU Power Corporation ER00–2448, 000, LSP-Nelson Energy, LLC Anaheim, Azusa, Banning, Colton, and ER96–1503, 000, Eagle Gas Marketing ER00–2535, 000, The New Power Company Riverside, California and City of Vernon, Company ER00–2670, 000, Multifuels LP California v. California Independent ER96–1631, 000, Family Fiber Connection, ER00–2806, 000, B.L. England Power LLC System Operator Corporation Inc. ER01–36, 000, USPower Energy, LLC E–46. ER96–1724, 000, SDS Petroleum Product ER01–138, 000, Delta Person Limited DOCKET# ER99–2326, 000, Pacific Gas and Inc. Partnership Electric Company ER96–1731, 000, Engineered Energy ER01–904, 000, North Carolina Power OTHER#S EL99–68, 000, Pacific Gas and Systems Corporation Holdings, LLC Electric Company ER96–1735, 000, GDK Corporation ER01–1258, 000, New Haven Harbor Power E–47. ER96–1774, 000, Growth Unlimited LLC (NHHP) DOCKET# ER98–997, 000, California Investments, Inc. ER01–1414, 000, Northern Lights Power Independent System Operator ER96–1781, 000, EnergyTek, Inc. Company Corporation ER96–2524, 000, Symmetry Device ER01–1497, 000, Brooke Power, LLC OTHER#S ER98–997, 002, California Research, Inc. ER01–2059, 000, Entrust Energy, LLC ER96–2635, 000, Tosco Power, Inc. Independent System Operator ER02–30, 000, Longhorn Power, LP ER96–2879, 000, U.S. Energy, Inc. Corporation ER02–159, 000, Great Lakes Hydro ER96–2942, 000, National Power Marketing ER98–1309, 000, California Independent America, LLC L.L.C. System Operator Corporation ER02–566, 000, Meriden Gas Turbines LLC ER97–1117, 000, TC Power Solutions ER02–2297, 001, California Independent ER02–806, 000, Wisconsin Electric Power System Operator Corporation ER97–1428, 000, American Power Reserve Marketing Company ER02–2298, 001, California Independent ER02–893, 000, Dorman Materials, Inc. System Operator Corporation ER97–1643, 000, APRA Energy Group Inc. ER97–1676, 000, Black Brook Energy E–54. E–48. DOCKET# ER03–194, 002, PJM OMITTED Company ER97–3053, 000, Keystone Energy Services, Interconnection L.L.C. E–49. Inc. OTHER#S ER03–309, 001, Allegheny DOCKET# ER99–28, 003, Sierra Pacific ER97–3526, 000, Woodruff Energy Power Power Company ER97–3815, 000, Friendly Power Company, ER03–309, 002, Allegheny Power OTHER#S EL99–38, 002, Sierra Pacific LLC E–55. Power Company ER97–4145, 000, Sigma Energy, Inc. DOCKET# EL02–119, 000, The Kroger Co. ER99–945 002 Sierra Pacific Power ER97–4364, 000, PowerCom Energy & v. Dynergy Power Marketing, Inc. Company Communications Access, Inc. MISCELLANEOUS AGENDA E–50. ER97–4434, 000, Clean Air Capital Markets DOCKET# ER03–978, 000, Southwest Corporation M–1. Power Pool, Inc. ER97–4680, 000, Starghill Alternative DOCKET# PL03–3, 000, Price Discovery in E–51. Energy Corporation Natural Gas and Electric Markets DOCKET# EL02–47, 000, Wisconsin Public ER98–102, 000, Current Energy, Inc. M–2. Power, Inc. v. Wisconsin Power & Light ER98–174, 000, Millennium Energy DOCKET# PL03–4, 000, Policy Statement Company Corporation on Consultation with Indian Tribes in OTHER#S EL02–52, 000, Municipal ER98–573, 000, Aurora Power Resources, Commission Proceedings Wholesale Power Group v. Wisconsin Inc. M–3. Power & Light Company Power ER98–1221, 000, Micah Tech Industries, DOCKET# RM02–4, 001, Critical Energy E–52. Inc. Infrastructure Information DOCKET# PA03–1, 000, American Electric ER98–1297, 000, TransCurrent, LLC OTHER#S PL02–1, 001, Critical Energy Power Company ER98–1486, 000, Equinox Energy, LLC Infrastructure Information OTHER#S PA03–2, 000, Aquila Merchant ER98–1829, 000, UtiliSource Corporation M–4. Services, Inc. ER98–2232, 000, People’s Utility DOCKET# RM02–7, 001, Accounting, PA03–3, 000, Coral Energy Resources, LP Corporation Financial Reporting, and Rate Filing PA03–4, 000, CMS Marketing Services & ER98–2423, 000, The FURSTS Group, Inc. Requirements for Asset Retirement Trading ER98–3006, 000, K&K Resources, Inc. Obligations PA03–5, 000, Dynegy, Inc. ER98–3052, 000, PowerSource, M–5. PA03–6, 000, Duke Energy Trading & Corporation DOCKET# RM03–6, 000, Amendments to Marketing, LLC ER98–3451, 000, American Premier Energy Conform Regulations with Order No. 630 PA03–7, 000, El Paso Merchant Energy, LP Corporation (Critical Energy Infrastructure PA03–8, 000, Mirant Americas Energy ER98–3934, 000, Clinton Energy Information Final Rule) Marketing, LP Management Services, Inc. MARKETS, TARIFFS AND RATES—GAS PA03–9, 000, Reliant Resources, Inc. ER98–4333, 000, Primary Power Marketing, PA03–10, 000, Sempra Energy Trading L.L.C. G–1. Corp. ER99–581, 000, Business Discount Plan, DOCKET# RP03–529, 000, ANR Pipeline PA03–11, 000, Williams Energy Marketing Inc. Company & Trading Company ER99–823, 000, River City Energy, Inc. G–2. E–53. ER99–1890, 000, Commodore Electric DOCKET# PR03–9, 000, Louisiana DOCKET# ER02–2001, 000, Electric ER99–2069, 000, Trident Energy Intrastate Gas Company, L.L.C. Quarterly Reports Marketing, Inc. G–3. OTHER#S ER94–1246, 000, Ashton Energy ER99–2540, 000, Full Power Corporation DOCKET# CP02–57, 004, SCG Pipeline, Corporation ER99–2970, 000, Delta Energy Group Inc. ER95–751, 000, PowerGasSmart.com, Inc. ER99–3207, 000, Capital Center Generating G–4. ER95–792, 000, K Power Company Company LLC DOCKET# RP03–199, 000, Enbridge ER95–878, 000, Audit Pro Incorporated ER00–500, 000, Sierra Pacific Energy Pipelines (AlaTenn) L.L.C. ER95–1381, 000, Alliance Strategies Company G–5.

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DOCKET# RP03–335, 000, Enbridge G–18. CP01–411, 003, Tractebel Calypso Pipeline, Offshore Pipelines (UTOS) LLC OMITTED LLC G–6. G–19. CP01–444, 003, Tractebel Calypso Pipeline, DOCKET# RP03–465, 001, ANR Pipeline OMITTED LLC Company G–20. C–8. G–7. DOCKET# RP00–333, 004, Crossroads DOCKET# CP02–204, 001, OMITTED Pipeline Company Transcontinental Gas Pipe Line G–8. OTHER#S RP01–51, 003, Crossroads Corporation DOCKET# RP01–411, 000, Kern River Gas Pipeline Company Transmission Company G–21. Magalie R. Salas, G–9. DOCKET# RP03–150, 002, Northern Secretary. DOCKET# RP02–318, 002, Questar Natural Gas Company [FR Doc. 03–18784 Filed 7–18–03; 5:14 pm] Southern Trails Pipeline Company G–22. BILLING CODE 6717–01–P G–10. DOCKET# OR02–13, 001, SFPP, L.P. DOCKET# IS01–504, 001, BP G–23. Transportation (Alaska) Inc. OMITTED OTHER#S IS01–504, 000, BP G–24. FEDERAL MARITIME COMMISSION Transportation (Alaska) Inc. DOCKET# RP92–137 052 Transcontinental IS03–74, 000, BP Transportation (Alaska) Gas Pipe Line Corp. Ocean Transportation Intermediary Inc. G–25. License Applicants G–11. DOCKET# RP96–320 040 Gulf South DOCKET# GT02–38, 006, Northern Natural Pipeline Company, LP Notice is hereby given that the Gas Company G–26. following applicants have filed with the G–12. DOCKET# PR03–8, 000, Humble Gas DOCKET# RP00–331, 002, Algonquin Gas Federal Maritime Commission an Pipeline Company Transmission Company application for license as a Non-Vessel OTHER#S RP00–331, 003, Algonquin Gas OTHER#S PR03–8, 001, Humble Gas Operating Common Carrier and Ocean Transmission Company Pipeline Company Freight Forwarder—Ocean RP01–23, 004, Algonquin Gas G–27. Transportation Intermediary pursuant to DOCKET# PL02–6, 000, Natural Gas Transmission Company section 19 of the Shipping Act of 1984 RP01–23, 005, Algonquin Gas Pipeline Negotiated Rate Policies and Practices as amended (46 U.S.C. app. 1718 and 46 Transmission Company CFR part 515). RP03–176, 000, Algonquin Gas ENERGY PROJECTS—HYDRO Transmission Company Persons knowing of any reason why G–13. H–1. the following applicants should not DOCKET# RP00–340, 004, Gulf South DOCKET# RM02–16, 000, Hydroelectric receive a license are requested to Pipeline Company, LP Licensing under the Federal Power Act contact the Office of Transportation OTHER#S RP00–340, 005, Gulf South H–2. Intermediaries, Federal Maritime DOCKET# P–2114, 115, The Yakama Pipeline Company, LP Commission, Washington, DC 20573. RP00–340, 007, Gulf South Pipeline Nation v. Public Utility District No. 2 of Company, LP Grant County, Washington Non-Vessel Operating Common Carrier RP01–7, 001, Gulf South Pipeline H–3. Ocean Transportation Intermediary Company, LP DOCKET# P–2816, 020, Vermont Electric Applicants: G–14. Generation & Transmission Cooperative, OTS Global Logistics (Mia) Inc. dba DOCKET# RP00–476, 003, Southern Inc., and North Hartland, L.L.C. H–4. OTS Ocean Transportation Lines, Natural Gas Company 1701 NW. 84th Avenue, Miami, FL OTHER#S RP00–476, 004, Southern DOCKET# P–11162, 011, Wisconsin Power Natural Gas Company & Light Company 33126. Officers: Gabriel Buedo, President, (Qualifying Individual) RP00–476, 001, Southern Natural Gas ENERGY PROJECTS—CERTIFICATES Company Alicia Byrne, Director. RP01–64, 001, Southern Natural Gas C–1. Weiss-Rohlig USA LLC, 1555 Mittel Company DOCKET# CP02–78, 002, Maritimes & Blvd., Suite N, Wood Dale, IL G–15. Northeast Pipeline, L.L.C. 60191. Officers: Steven Moser, DOCKET# RP00–506, 004, Northwest C–2. DOCKET# CP03–32, 000, Northwest Operations Officer, (Qualifying Pipeline Corporation Individual) Paul Senger-Weiss, OTHER#S RP00–506, 005, Northwest Pipeline Corporation Pipeline Corporation C–3. President. RP00–506, 006, Northwest Pipeline DOCKET# CP03–51, 000, Natural Gas Great Luck Inc., 1515 W. 178th Street, Corporation Pipeline Company of America #102, Gardens, CA 90248. Officers: RP00–506, 007, Northwest Pipeline C–4. Jay Hino, Chief Operating Officer, Corporation DOCKET# CP03–39, 000, Kinder Morgan (Qualifying Individual) Tetsumasa G–16. Interstate Gas Transmission LLC Suga, President/CEO. DOCKET# RP00–327, 003, Columbia Gas C–5. Cargo International Consolidators, DOCKET# CP01–94, 004, Nornew Energy Transmission Corporation Inc., 18327 SW 151 Avenue, Miami, OTHER#S RP00–327, 002, Columbia Gas Supply, Inc. and Norse Pipeline, L.L.C. Transmission Corporation C–6. FL 33187. Officers: Michelle E. RP00–327, 004, Columbia Gas DOCKET# CP02–396, 003, Greenbrier Fajardo, Director, (Qualifying Transmission Corporation Pipeline Company, LLC Individual) Vivian E. Wever, RP00–604, 001, Columbia Gas OTHER#S CP02–397, 003, Greenbrier Director. Transmission Corporation Pipeline Company, LLC Aqua Air Enterprises, 5250 W. RP00–604, 002, Columbia Gas CP02–398, 003, Greenbrier Pipeline Century Blvd., #606, Los Angeles, Transmission Corporation Company, LLC CA 90045. Jono Babic, Sole RP00–604, 004, Columbia Gas C–7. Proprietor. Transmission Corporation DOCKET# CP01–409, 003, Tractebel G–17. Calypso Pipeline, LLC Non-Vessel Operating Common DOCKET# RP02–365, 001, Northern OTHER#S CP01–410, 003, Tractebel Carrier and Ocean Freight Forwarder Natural Gas Company Calypso Pipeline, LLC Transportation Intermediary

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Applicants: includes whether the acquisition of the available for inspection at the offices of Via Global Logistics, Inc., 150–30 nonbanking company complies with the the Board of Governors. Interested 132nd Avenue, #206, Jamaica, NY standards in section 4 of the BHC Act persons may express their views in 11434. Officers: Charles Ching, (12 U.S.C. 1843). Unless otherwise writing on the standards enumerated in President, Connie Chin, Vice noted, nonbanking activities will be the BHC Act (12 U.S.C. 1842(c)). If the President, (Qualifying Individuals) conducted throughout the United States. proposal also involves the acquisition of Cynthia Joa, Secretary. Additional information on all bank a nonbanking company, the review also Kingsco Shipping Line, Inc., 500 holding companies may be obtained includes whether the acquisition of the Carson Plaza Dr., Suite 208, Carson, from the National Information Center nonbanking company complies with the CA 90746. Officer: Eun K. Han, website at http://www.ffiec.gov/nic/. standards in section 4 of the BHC Act President (Qualifying Individual). Unless otherwise noted, comments (12 U.S.C. 1843). Unless otherwise Astron Distribution, Inc., 1316 NW. regarding each of these applications noted, nonbanking activities will be 78th Avenue, Miami, FL 33126. must be received at the Reserve Bank conducted throughout the United States. Officers: Karla V. Kushton, Vice indicated or the offices of the Board of Additional information on all bank President Sales, (Qualifying Governors not later than August 15, holding companies may be obtained Individual) Dan C. Boiangin, 2003. from the National Information Center President. A. Federal Reserve Bank of Chicago website at http://www.ffiec.gov/nic/. Ocean Freight Forwarder—Ocean (Phillip Jackson, Applications Officer) Unless otherwise noted, comments Transportation Intermediary 230 South LaSalle Street, Chicago, regarding each of these applications Applicants: Illinois 60690–1414: must be received at the Reserve Bank Intertrans Express, Inc., 2219 W. 1. Merchants & Manufacturers indicated or the offices of the Board of Valley Blvd., Alhambra, CA 91803. Bancorportation, Inc., and Merchants Governors not later than August 15, Officers: Charles Yu, Director, New Merger Corp., both of Brookfield, 2003. (Qualifying Individual) Chun Tsung Wisconsin, to acquire 100 percent of the A. Federal Reserve Bank of Richmond (A. Linwood Gill, III, Vice Tao, President. voting shares of Reedsburg Cargo International Services, Inc., 18327 Bancorporation, Inc., Reedsburg, President) 701 East Byrd Street, Richmond, Virginia 23261–4528: SW 151 Avenue, Miami, FL 33187. Wisconsin, and thereby indirectly 1. JCO Ventures, LLC, Union, South Officers: Vivian E. Wever, Director, acquire The Reedsburg Bank, Reedsburg, Wisconsin. Carolina; HAO Management Company, (Qualifying Individual) Michelle E. LLC, Union, South Carolina; FOJ Fajardo, Director. 2. Merchants & Manufacturers Bancorportation, Inc., and Merchants Management Company, LLC, Union, Dated: July 18, 2003. Merger Corp., both of Brookfield, South Carolina; Frances W. Arthur Bryant L. VanBrakle, Wisconsin, to acquire 100 percent of the Irrevocable Trust No. 2 for the benefit of Secretary. voting shares of Random Lake Bancorp, Frances Oxner Jorgenson, Union, South [FR Doc. 03–18737 Filed 7–22–03; 8:45 am] Limited, Random Lake, Wisconsin, and Carolina; JCO Partners, L.P., Union, BILLING CODE 6730–01–P thereby indirectly acquire Wisconsin South Carolina; JCO Partners II, L.P., State Bank, Random Lake, Wisconsin. Union, South Carolina; HAO Partners, L.P., Union, South Carolina; HAO Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM System, July 17, 2003. Partners, II, L.P., Union, South Carolina; FOJ Partners, L.P., Union, South Robert deV. Frierson, Carolina; and FOJ Partners II, L.P., Formations of, Acquisitions by, and Deputy Secretary of the Board. Mergers of Bank Holding Companies Union, South Carolina; to acquire 100 [FR Doc. 03–18637 Filed 7–22–03; 8:45 am] percent of the voting shares of Arthur The companies listed in this notice BILLING CODE 6210–01–S Financial Corporation, Union, South have applied to the Board for approval, Carolina, and thereby indirectly acquire pursuant to the Bank Holding Company voting shares of Arthur State Bank, FEDERAL RESERVE SYSTEM Act of 1956 (12 U.S.C. 1841 et seq.) Union, South Carolina. (BHC Act), Regulation Y (12 CFR Part Formations of, Acquisitions by, and 2. FOJ Partners LP; FOJ Partners II, LP; 225), and all other applicable statutes Mergers of Bank Holding Companies FOJ Management Company LLC; JCO and regulations to become a bank Partners, LP; JCO Partners II, LP; JCO holding company and/or to acquire the The companies listed in this notice Ventures, LLC; HAO Partners, LP; HAO assets or the ownership of, control of, or have applied to the Board for approval, Partners II, LP; HAO Management the power to vote shares of a bank or pursuant to the Bank Holding Company Company LLC; and Frances W. Arthur bank holding company and all of the Act of 1956 (12 U.S.C. 1841 et seq.) Irrevocable Trust No. 2 for the benefit of banks and nonbanking companies (BHC Act), Regulation Y (12 CFR Part Frances Oxner Jorgenson, all of Union, owned by the bank holding company, 225), and all other applicable statutes South Carolina; to acquire 61.6 percent including the companies listed below. and regulations to become a bank of the voting shares of Arthur Financial The applications listed below, as well holding company and/or to acquire the Corporation, Union, South Carolina, and as other related filings required by the assets or the ownership of, control of, or thereby acquire voting shares of Arthur Board, are available for immediate the power to vote shares of a bank or State Bank, Union, South Carolina. inspection at the Federal Reserve Bank bank holding company and all of the In connection with this application indicated. The application also will be banks and nonbanking companies Arthur Financial Corporation, Union, available for inspection at the offices of owned by the bank holding company, South Carolina, has applied to become the Board of Governors. Interested including the companies listed below. a bank holding company by acquiring persons may express their views in The applications listed below, as well 100 percent of the voting shares of writing on the standards enumerated in as other related filings required by the Arthur State Bank, Union, South the BHC Act (12 U.S.C. 1842(c)). If the Board, are available for immediate Carolina. proposal also involves the acquisition of inspection at the Federal Reserve Bank 3. United Bankshares, Inc., a nonbanking company, the review also indicated. The application also will be Charleston, West Virginia, and George

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Mason Bankshares, Inc., Fairfax, obtained from the National Information 2.34, notice is hereby given that the Virginia; to acquire 100 percent of the Center website at www.ffiec.gov/nic/. above-captioned consent agreement voting shares of, and merge with, Unless otherwise noted, comments containing a consent order to cease and Sequoia Bancshares, Inc., Bethesda, regarding the applications must be desist, having been filed with and Maryland, and thereby indirectly received at the Reserve Bank indicated accepted, subject to final approval, by acquire Sequoiabank, Bethesda, or the offices of the Board of Governors the Commission, has been placed on the Maryland. not later than August 5, 2003. public record for a period of thirty (30) B. Federal Reserve Bank of Chicago A. Federal Reserve Bank of Chicago days. The following Analysis to Aid (Phillip Jackson, Applications Officer) (Phillip Jackson, Applications Officer) Public Comment describes the terms of 230 South LaSalle Street, Chicago, 230 South LaSalle Street, Chicago, the consent agreement, and the Illinois 60690–1414: Illinois 60690-1414: allegations in the complaint. An 1. Oswego Community Bank 1. Hinsbrook Bancshares, Inc., electronic copy of the full text of the Employee Stock Ownership Plan, Willowbrook, Illinois; to engage de novo consent agreement package can be Oswego, Illinois; to acquire an in extending credit and servicing loans, obtained from the FTC Home Page (for additional 18.04 percent, for a total of pursuant to section 225.28(b)(1) of July 18, 2003), on the World Wide Web, 51 percent, of the voting shares of Regulation Y. at http://www.ftc.gov/os/2003/07/ Oswego Bancshares, Inc., Oswego, Board of Governors of the Federal Reserve index.htm. A paper copy can be Illinois, and thereby indirectly acquire System, July 16, 2003. obtained from the FTC Public Reference voting shares of Oswego Community Robert deV. Frierson, Room, Room 130–H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, Bank, Oswego, Illinois. Deputy Secretary of the Board. either in person or by calling (202) 326– 2. TeamCo, Inc. Oak Lawn, Illinois; to [FR Doc.03–18674 Filed 7–22–03; 8:45 am] become a bank holding company by 2222. BILLING CODE 6210–01–S Public comments are invited, and may acquiring 100 percent of the voting be filed with the Commission in either shares of Oak Lawn Bank, Oak Lawn, paper or electronic form. Comments Illinois. FEDERAL TRADE COMMISSION filed in paper form should be directed Board of Governors of the Federal Reserve [File No. 022 3122] to: FTC/Office of the Secretary, Room System, July 16, 2003. 159–H, 600 Pennsylvania Avenue, NW., Robert deV. Frierson, Global Instruments Ltd., et al.; Washington, DC 20580. If a comment Deputy Secretary of the Board. Analysis To Aid Public Comment contains nonpublic information, it must [FR Doc. 03–18675 Filed 7–22–03; 8:45 am] be filed in paper form, and the first page AGENCY: Federal Trade Commission. BILLING CODE 6210–01–S of the document must be clearly labeled ACTION: Proposed consent agreement. ‘‘confidential.’’ Comments that do not contain any nonpublic information may FEDERAL RESERVE SYSTEM SUMMARY: The consent agreement in this instead be filed in electronic form (in matter settles alleged violations of ASCII format, WordPerfect, or Microsoft Notice of Proposals to Engage in federal law prohibiting unfair or Word) as part of or as an attachment to Permissible Nonbanking Activities or deceptive acts or practices or unfair e-mail messages directed to the to Acquire Companies that are methods of competition. The attached following e-mail box: Engaged in Permissible Nonbanking Analysis to Aid Public Comment [email protected]. Such Activities describes both the allegations in the comments will be considered by the draft complaint that accompanies the Commission and will be available for The companies listed in this notice consent agreement and the terms of the inspection and copying at its principal have given notice under section 4 of the consent order—embodied in the consent office in accordance with Section Bank Holding Company Act (12 U.S.C. agreement—that would settle these 4.9(b)(6)(ii) of the Commission’s Rules 1843) (BHC Act) and Regulation Y (12 allegations. of Practice, 16 CFR 4.9(b)(6)(ii)). CFR Part 225) to engage de novo, or to DATES: Comments must be received on acquire or control voting securities or Analysis of Proposed Consent Order To or before August 18, 2003. assets of a company, including the Aid Public Comment ADDRESSES: Comments filed in paper companies listed below, that engages The Federal Trade Commission has form should be directed to: FTC/Office either directly or through a subsidiary or accepted, subject to final approval, an of the Secretary, Room 159–H, 600 other company, in a nonbanking activity agreement containing a consent order Pennsylvania Avenue, NW., that is listed in § 225.28 of Regulation Y from Global Instruments Ltd. and Washington, DC 20580. Comments filed (12 CFR 225.28) or that the Board has Charles Patterson, individually and as in electronic form should be directed to: determined by Order to be closely an officer of the corporation. related to banking and permissible for [email protected], as The proposed consent order has been SUPPLEMENTARY bank holding companies. Unless prescribed in the placed on the public record for thirty otherwise noted, these activities will be INFORMATION section. (30) days for receipt of comments by conducted throughout the United States. FOR FURTHER INFORMATION CONTACT: interested persons. Comments received Each notice is available for inspection Connie Vecellio or Patricia Bak, FTC, during this period will become part of at the Federal Reserve Bank indicated. Bureau of Consumer Protection, 600 the public record. After thirty (30) days, The notice also will be available for Pennsylvania Avenue, NW., the Commission will again review the inspection at the offices of the Board of Washington, DC 20580, (202) 326–2966 agreement and the comments received Governors. Interested persons may or 326–2842. and will decide whether it should express their views in writing on the SUPPLEMENTARY INFORMATION: Pursuant withdraw from the agreement or make question whether the proposal complies to Section 6(f) of the Federal Trade final the agreement’s proposed order. with the standards of section 4 of the Commission Act, 38 Stat. 721, 15 U.S.C. This matter concerns practices related BHC Act. Additional information on all 46(f), and Section 2.34 of the to the advertising, offering for sale, sale, bank holding companies may be Commission’s Rules of Practice, 16 CFR and distribution of various

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electromagnetic, ultrasonic, and of homes or other buildings in a manner FEDERAL TRADE COMMISSION combination electromagnetic and that effectively repels, controls, drives [File No. 021 0017] ultrasonic pest control devices. The away, or eliminates mice, rats, Commission’s proposed complaint cockroaches, or any other insects or The Maine Health Alliance, et al.; alleges that proposed respondents animal pests. Analysis to Aid Public Comment violated section 5 of the Federal Trade Part II of the proposed order requires Commission Act, 15 U.S.C. § 5, by AGENCY: Federal Trade Commission. respondents to possess and rely upon making numerous representations about ACTION: Proposed consent agreement. competent and reliable evidence, which Global’s pest control products for which when appropriate must be competent they lacked a reasonable basis. SUMMARY: The consent agreement in this Specifically, the complaint alleges that and reliable scientific evidence, for matter settles alleged violations of the following representations were claims about the benefit, performance, federal law prohibiting unfair or unsubstantiated: or efficacy of any product. deceptive acts or practices or unfair • Global’s electromagnetic pest Part III of the proposed order requires methods of competition. The attached control products repel, drive away, or the respondents to maintain certain Analysis to Aid Public Comment eliminate mice, rats, and cockroaches records for five years after the last date describes both the allegations in the from homes and other buildings in two of dissemination of any representation draft complaint that accompanies the to four weeks and drive them away by covered by the order. These records consent agreement and the terms of the sending a pulsating signal throughout or include: (1) All advertisements and consent order—embodied in the consent altering the field around the electrical promotional materials containing the agreement—that would settle these wiring inside homes and other representation; (2) all materials relied allegations. buildings; they act as an effective upon in disseminating the DATES: Comments must be received on alternative to or eliminate the need for representation; and (3) all evidence in or before August 18, 2003. chemicals, pesticides, insecticides, respondents’ possession or control that ADDRESSES: Comments filed in paper exterminators, and pest control services; • contradicts, qualifies, or calls into form should be directed to: FTC/Office Global’s combination question the representation or the basis of the Secretary, Room 159–H, 600 electromagnetic/ultrasonic pest control for it. Pennsylvania Avenue, NW., devices effectively repel, control or Washington, DC 20580. Comments filed eliminate mice, rats, cockroaches, Part IV of the proposed order requires distribution of the order to current and in electronic form should be directed to: rodents, insects, spiders, silverfish, and [email protected], as bats from homes and other buildings future principals, officers, directors, and managers, and to current and future prescribed in the Supplementary and upset nesting sites of mice, rats, and Information section. cockroaches within walls, ceilings, and employees, agents, and representatives FOR FURTHER INFORMATION CONTACT: floors by using the products’ pulse or having responsibilities with respect to Jeffrey Brennan, FTC, Bureau of electromagnetic technology through the the subject matter of the order. Competition, 600 Pennsylvania Avenue, household wiring; Part V of the proposed order requires • Global’s ultrasonic pest control NW., Washington, DC 20580, (202) 326– that the Commission be notified of any 2701. devices effectively repel, drive away, or change in the corporation that might eliminate mice, rats, bats, crickets, SUPPLEMENTARY INFORMATION: Pursuant affect compliance obligations under the to Section 6(f) of the Federal Trade spiders and other insects from homes order. Part VI of the proposed order and eliminate the need for toxic Commission Act, 38 Stat. 721, 15 U.S.C. requires that for a period of three years, 46(f), and Section 2.34 of the chemicals, poisons or traps; and respondent Charles Patterson will notify • Global’s pest control products are Commission’s Rules of Practice, 16 CFR the Commission of the discontinuance effective within a space of a given size 2.34, notice is hereby given that the of his current business or employment (for example, 1000 sq. ft. or 2000 sq. ft.). above-captioned consent agreement The proposed consent order contains or of his affiliation with any new containing a consent order to cease and provisions designed to prevent business or employment involving the desist, having been filed with and proposed respondents from engaging in marketing of any consumer product. accepted, subject to final approval, by similar acts and practices in the future. Part VII of the proposed order requires the Commission, has been placed on the Part I of the proposed order prohibits the respondents to file a compliance public record for a period of thirty (30) the following representations unless report with the Commission. days. The following Analysis to Aid Public Comment describes the terms of respondents possess competent and Part VIII of the proposed order states the consent agreement, and the reliable scientific evidence that that, absent certain circumstances, the allegations in the complaint. An substantiates the representations: order will terminate twenty (20) years • electronic copy of the full text of the That any pest control product from the date it is issued. repels, controls, or eliminates, consent agreement package can be temporarily or indefinitely, mice, rats, The purpose of this analysis is to obtained from the FTC Home Page (for cockroaches, or any other insects or facilitate public comment on the July 18, 2003), on the World Wide Web, animal pests and that it does so in an proposed consent order. It is not at http://www.ftc.gov/os/2003/07/ area of a certain size; intended to constitute an official index.htm. A paper copy can be • that any pest control product is an interpretation of the agreement and obtained from the FTC Public Reference effective alternative to or eliminates the proposed order or to modify their terms Room, Room 130-H, 600 Pennsylvania need for chemicals, pesticides, in any way. Avenue, NW., Washington, DC 20580, insecticides, exterminators, or any other By direction of the Commission. either in person or by calling (202) 326– pest control product or service; and 2222. • that any pest control product will Donald S. Clark, Public comments are invited, and may alter the electromagnetic field, send a Secretary. be filed with the Commission in either pulsating signal, or otherwise work [FR Doc. 03–18742 Filed 7–22–03; 8:45 am] paper or electronic form. Comments inside the walls or through the wiring BILLING CODE 6750–01–P filed in paper form should be directed

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to: FTC/Office of the Secretary, Room consent order has been entered into for Committee, compiled written 159–H, 600 Pennsylvania Avenue, NW., settlement purposes only and does not ‘‘Contracting Guidelines and Washington, DC 20580. If a comment constitute an admission by the Parameters,’’ setting forth price-related contains nonpublic information, it must respondents that they violated the law and other competitively significant be filed in paper form, and the first page or that the facts alleged in the complaint terms that the Alliance required in order of the document must be clearly labeled (other than jurisdictional facts) are true. to contract with payors. Mr. Diggins ‘‘confidential.’’ Comments that do not The Complaint Allegations reported the details of negotiations with contain any nonpublic information may payors to the Board and the Contracts instead be filed in electronic form (in The Alliance was formed in 1995 by Committee. Based on the ASCII format, WordPerfect, or Microsoft the vast majority of physicians and recommendations of Mr. Diggins, and Word) as part of or as an attachment to hospitals in five counties in the Contracts Committee, the Board e-mail messages directed to the northeastern Maine to negotiate payor decided whether to accept or reject following email box: contracts that contained ‘‘higher contracts with payors on behalf of the [email protected]. Such compensation’’ and more Alliance’s physician and hospital comments will be considered by the ‘‘advantageous’’ contract terms than the members. Commission and will be available for physicians and hospitals could obtain The Alliance and Mr. Diggins inspection and copying at its principal by dealing individually with payors. negotiated higher reimbursement for office in accordance with § 4.9(b)(6)(ii) More than 85% of the physicians on Alliance physician and hospital of the Commission’s Rules of Practice, staff at Alliance member hospitals are members, and more advantageous 16 CFR 4.9(b)(6)(ii)). Alliance members, as are eleven of the contract language, than the physicians sixteen hospitals in the five-county area. and hospitals could have achieved Analysis of Agreement Containing The physician and hospital members through individual contracts with Consent Order To Aid Public Comment designated the Alliance as their payors. Despite a written Alliance The Federal Trade Commission has negotiating agent to contract with policy allowing members to contract accepted, subject to final approval, an payors, and authorized the Alliance to independently of the Alliance, in fact agreement containing a proposed enter into, on their behalf, payor the Alliance and Mr. Diggins consent order with the Maine Health contracts. encouraged the physician and hospital Alliance and its Executive Director, Although the Alliance is a nonprofit members to contract only through the William R. Diggins. The Alliance is an corporation, and its member hospitals Alliance, in order to maintain the organization consisting of over 325 are tax-exempt organizations, a Alliance’s leverage over payors. Mr. physicians and 11 hospitals in substantial majority of its physician northeastern Maine. The agreement members are for-profit entities. These Diggins provided Alliance physician settles charges that respondents violated for-profit physicians play a significant and hospital members with a model section 5 of the Federal Trade role in the governance of the Alliance letter for them to use to notify payors Commission Act, 15 U.S.C. 45, by and receive pecuniary benefits as a that they refused to negotiate facilitating and implementing result of their participation. individually, and that the Alliance agreements among physician members Participating physicians select 11 of the would negotiate on their behalf. In and among hospital members of the 22 members of the Alliance’s Board of response to payors’ requests to contract Alliance to fix prices and other terms of Directors and thus exercise substantial directly with Alliance physician and dealing for physician and hospital authority over the policies and actions hospital members, the members directed services with health insurance firms and of the Alliance. The participating payors to the Alliance for contracting. other third-party payors, and to refuse to physicians are therefore ‘‘members’’ of The Alliance’s and Mr. Diggins’ joint deal with these payors except on the Alliance within the meaning of negotiation of fees and other collectively determined terms. These Section 4 of the FTC Act, which grants competitively significant terms has not price-fixing agreements and concerted the Commission jurisdiction over been reasonably related to any refusals to deal among otherwise nonprofit organizations that carry on efficiency-enhancing integration. competing physicians and among business for the profit of their members. Although the Alliance has developed otherwise competing hospitals, in turn, Because the Alliance engages in some clinical programs limited have kept the price of health care in substantial activities that confer primarily to hospital members, none of northeastern Maine above the level that pecuniary benefits on these for-profit the Alliance’s clinical activities create would have prevailed absent the illegal members, its activities engaged in on any significant degree of conduct. The proposed consent order behalf of the physician and hospital interdependence among the physician has been placed on the public record for members fall within the Commission’s or hospital participants, nor do the 30 days to receive comments from jurisdiction. activities create sufficiently substantial interested persons. Comments received Alliance physician and hospital potential efficiencies. during this period will become part of members have refused to contract with By orchestrating agreements among the public record. After 30 days, the payors on an individual basis. Instead, Alliance physician members, and Commission will review the agreement the Alliance’s Board of Directors hospital members, to deal only on and the comments received, and will authorized Mr. Diggins to act as a collectively-determined terms, together decide whether it should withdraw from principal negotiating agent with payors with refusals to deal with payors that the agreement or make the proposed on behalf of the collective membership would not meet those terms, order final. of the Alliance. Mr. Diggins was respondents have violated section 5 of The purpose of this analysis is to instrumental in forming the Alliance, the FTC Act. facilitate public comment on the coordinating the membership’s The Proposed Consent Order proposed order. The analysis is not collective bargaining activity, and intended to constitute an official negotiating payor contracts on behalf of The proposed order is designed to interpretation of the agreement and the collective membership. prevent recurrence of the illegal conduct proposed order, or to modify their terms As guidance for Mr. Diggins, the charged in the complaint, while in any way. Further, the proposed Board, in conjunction with its Contracts allowing respondents to engage in

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legitimate conduct that does not impair arrangement’’ possesses two key payors that contract with the Alliance. competition. characteristics. First, all physician or all Paragraph VI.B requires the Alliance, at The proposed order’s specific hospital participants must share any payor’s request and without provisions are as follows: substantial financial risk through the penalty, to terminate its current The proposed order’s core arrangement, such that the arrangement contracts with respect to providing prohibitions are contained in creates incentives for the participants to physician services. If a payor does Paragraphs II, III, and V. Paragraph II is control costs and improve quality by request termination, Paragraph VI.B intended to prevent the Respondents managing the provision of services. requires the Alliance to terminate the from participating in, or creating, future Second, any agreement concerning contract on its earliest termination or unlawful agreements for physician reimbursement or other terms or renewal date. Paragraph VI.B also services. Paragraph II.A prohibits the conditions of dealing must be provides that a contract may extend up Alliance and Mr. Diggins from entering reasonably necessary to obtain to one year beyond the termination or into or facilitating any agreement significant efficiencies through the joint renewal date if the payor affirms the between or among any physicians: (1) arrangement. contract in writing and the Alliance To negotiate with payors on any A ‘‘qualified clinically-integrated joint does not exercise its right to terminate physician’s behalf; (2) to deal, not to arrangement,’’ on the other hand, need the contract. deal, or threaten not to deal with payors; not involve any sharing of financial risk. Paragraph VII.A requires Mr. Diggins (3) on what terms to deal with any Instead, as defined in the proposed to distribute the complaint and order to payor; or (4) not to deal individually order, all physician participants must physician and hospital groups he with any payor, or to deal with any participate in active and ongoing represents in contracting with payors, payor only through the Alliance. programs to evaluate and modify their and to payors with which he has dealt Other parts of Paragraph II reinforce clinical practice patterns in order to in contracting while representing any these general prohibitions. Paragraph control costs and ensure the quality of physician or hospital groups. II.B prohibits the respondents from services provided, and the arrangement Paragraphs VII.B through IX of the facilitating exchanges of information must create a high degree of proposed order impose various among physicians concerning whether, interdependence and cooperation obligations on respondents to report or or on what terms, to contract with a among physicians. As with qualified provide access to information to the payor. Paragraph II.C bars attempts to risk-sharing arrangements, any Commission to facilitate monitoring engage in any action prohibited by agreement concerning price or other respondents’ compliance with the order. Paragraph II.A or II.B. Paragraph II.D terms of dealing must be reasonably The proposed order will expire in 20 proscribes inducing anyone to engage in necessary to achieve the efficiency goals years. any action prohibited by Paragraphs II.A of the joint arrangement. By direction of the Commission. through II.C. In the event that the Alliance forms a Paragraph III is intended to prevent qualified risk-sharing joint arrangement Donald S. Clark, the Respondents from participating in, or a qualified clinically-integrated joint Secretary. or creating, future unlawful agreements arrangement, Paragraph IV requires the [FR Doc. 03–18743 Filed 7–22–03; 8:45 am] for hospital services. Paragraphs III.A Alliance to notify the Commission at BILLING CODE 6750–01–P through D are identical to Paragraphs least 60 days prior to negotiating or II.A through D, except that they apply entering into agreements with payors, or to the Alliance’s or Mr. Diggins’ actions discussing price or related terms among FEDERAL TRADE COMMISSION regarding the provision of hospital, the participants of the arrangement. [File No. 021 0188] rather than physician, services. This Notification is not required for matter is the Commission’s first law negotiations or agreements with Washington University Physician enforcement action charging an subsequent payors pursuant to any Network; Analysis To Aid Public organization with price-fixing and other arrangement for which notice was given Comment anticompetitive collusive conduct in the under Paragraph IV. Paragraph IV.B sets AGENCY: market for hospital services, in violation out the information necessary to make Federal Trade Commission. of section 5 of the FTC Act. Thus, unlike the notification complete. Paragraph ACTION: Proposed consent agreement. previous orders involving collective IV.C establishes the Commission’s right SUMMARY: The consent agreement in this bargaining with health plans, this order to obtain additional information matter settles alleged violations of bars agreements relating to both regarding the arrangement. federal law prohibiting unfair or Paragraph V prohibits Mr. Diggins, for physicians and hospitals. deceptive acts or practices or unfair As in other orders addressing three years, from negotiating with any methods of competition. The attached providers’ collective bargaining with payor on behalf of any Alliance Analysis to Aid Public Comment health care purchasers, certain kinds of physician or hospital member, and from describes both the allegations in the agreements are excluded from the advising any Alliance physician or draft complaint that accompanies the general bar on joint negotiations. hospital member to accept or reject any consent agreement and the terms of the Respondents would not be precluded term, condition, or requirement of consent order—embodied in the consent from engaging in conduct that is dealing with any payor. Mr. Diggins, agreement—that would settle these reasonably necessary to form or however, is permitted to form, allegations. participate in legitimate joint participate in, or take any action in contracting arrangements among furtherance of a qualified risk-sharing DATES: Comments must be received on competing physicians or competing joint arrangement or qualified clinically- or before August 11, 2003. hospitals, whether a ‘‘qualified risk- integrated joint arrangement on behalf ADDRESSES: Comments filed in paper sharing joint arrangement’’ or a of the Alliance. form should be directed to: FTC/Office ‘‘qualified clinically-integrated joint Paragraph VI.A requires the Alliance of the Secretary, Room 159–H, 600 arrangement.’’ to distribute the complaint and order to Pennsylvania Avenue, NW., As defined in the proposed order, a all physicians and hospitals who have Washington, DC 20580. Comments filed ‘‘qualified risk-sharing joint participated in the Alliance, and to in electronic form should be directed to:

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[email protected], as WUPN violated Section 5 of the Federal who make up a minority of the prescribed in the SUPPLEMENTARY Trade Commission Act, 15 U.S.C. 45, by membership but are granted a INFORMATION section. orchestrating and implementing substantial role in WUPN to enhance FOR FURTHER INFORMATION CONTACT: agreements among WUPN and its their incomes and bargaining power. Garry Gibbs, FTC, Bureau of independent, community-based WUPN is managed and controlled by Competition, 600 Pennsylvania Avenue, physician members (‘‘community a Board of Directors made up of 16 NW., Washington, DC 20580, (202) 326– physicians’’), and facilitating community physicians and 13 faculty 2767. agreements among its community physicians. Contracts with health plans physicians and its Washington are negotiated by representatives of SUPPLEMENTARY INFORMATION: Pursuant WUPN’s Management Committee, and to Section 6(f) of the Federal Trade University School of Medicine full-time progress of its negotiations is reported to Commission Act, 38 Stat. 721, 15 U.S.C. faculty physician members (‘‘faculty physicians’’), to fix prices and other WUPN’s Board. The Committee 46(f), and Section 2.34 of the terms on which they would deal with recommends to the Board whether to Commission’s Rules of Practice, 16 CFR health plans, and to refuse to deal with accept or reject a payor’s fee schedule, 2.34, notice is hereby given that the such purchasers except on collectively- or whether to terminate or extend a above-captioned consent agreement determined terms. The proposed payor’s existing contract. The Board containing a consent order to cease and consent order has been placed on the votes on the recommendation, which desist, having been filed with and public record for 30 days to receive requires majority approval. accepted, subject to final approval, by comments from interested persons. WUPN has successfully coerced a the Commission, has been placed on the Comments received during this period number of health plans to increase the public record for a period of thirty (30) will become part of the public record. fees they pay to WUPN members, and days. The following Analysis to Aid After 30 days, the Commission will thereby raised the cost of medical care Public Comment describes the terms of review the agreement and the comments in the greater St. Louis area. As a result the consent agreement, and the received, and will decide whether it of the challenged actions of WUPN, allegations in the complaint. An should withdraw from the agreement or consumers in the greater St. Louis area electronic copy of the full text of the make the proposed order final. are deprived of the benefits of consent agreement package can be The purpose of this analysis is to competition among physicians. By obtained from the FTC Home Page (for facilitate public comment on the facilitating agreements among WUPN July 11, 2003), on the World Wide Web, proposed order. The analysis is not members to deal only on collectively- at http://www.ftc.gov/os/2003/07/ intended to constitute an official determined terms, and actual or index.htm. A paper copy can be interpretation of the agreement and threatened refusals to deal with health obtained from the FTC Public Reference proposed order, or to modify their terms plans that would not meet those terms, Room, Room 130–H, 600 Pennsylvania in any way. Further, the proposed WUPN has violated Section 5 of the FTC Avenue, NW., Washington, DC 20580, consent order has been entered into for Act. either in person or by calling (202) 326– settlement purposes only and does not WUPN’s collective negotiations with 2222. constitute an admission by WUPN that payors are not justified by any Public comments are invited, and may it violated the law or that the facts efficiency-enhancing integration among be filed with the Commission in either alleged in the complaint (other than the community physicians, or among paper or electronic form. Comments jurisdictional facts) are true. the community physicians and the filed in paper form should be directed faculty physicians. to: FTC/Office of the Secretary, Room The Complaint Allegations 159–H, 600 Pennsylvania Avenue, NW., WUPN consists of 900 faculty The Proposed Consent Order Washington, DC 20580. If a comment physicians and 600 community The proposed order is designed to contains nonpublic information, it must physicians who provide health care prevent recurrence of the illegal conduct be filed in paper form, and the first page services in St. Louis, Missouri and four charged in the complaint, while of the document must be clearly labeled neighboring counties (‘‘the greater St. allowing WUPN to engage in legitimate ‘‘confidential.’’ Comments that do not Louis area’’). WUPN was established in conduct that does not impair contain any nonpublic information may 1993 to facilitate, among competing competition. It is similar to recent instead be filed in electronic form (in physicians, collective bargaining with orders that the Commission has issued ASCII format, WordPerfect, or Microsoft health plans in order to obtain more to settle charges that physician groups Word) as part of or as an attachment to favorable reimbursement rates and other engaged in unlawful agreements to raise e-mail messages directed to the ‘‘very favorable terms when compared the fees they receive from health plans. following e-mail box: to contracts entered into on an The proposed order’s specific [email protected]. Such individual basis or through another provisions are as follows: comments will be considered by the organization.’’ Paragraph II.A prohibits WUPN from Commission and will be available for WUPN is a not-for-profit corporation, entering into or facilitating any inspection and copying at its principal and its sole legal member is Washington agreement between or among any office in accordance with Section University (‘‘WU’’), also a non-profit physicians: (1) To negotiate with payors 4.9(b)(6)(ii) of the Commission’s Rules entity. Section 4 of the FTC excludes on any physician’s behalf; (2) to deal, of Practice, 16 CFR 4.9(b)(6)(ii)). certain types of non-profit corporations refuse to deal, or threaten not to deal from its definition of entities under its with payors; (3) on what terms to deal Analysis of Agreement Containing jurisdiction. However, the Commission with any payor; or (4) not to deal Consent Order to Aid Public Comment has jurisdiction over WUPN because individually with any payor, or not to The Federal Trade Commission has WUPN’s community physicians, who deal with any payor through an accepted, subject to final approval, an operate for profit, are ‘‘members’’ of arrangement other than WUPN. agreement containing a proposed WUPN due to their significant role in Other parts of Paragraph II reinforce consent order with the Washington governing the organization. Also, WUPN these general prohibitions. Paragraph University Physician Network (WUPN). provides substantial economic benefits II.B prohibits WUPN from facilitating The agreement settles charges that for its community physician members, exchanges of information among

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physicians concerning whether, or on any preexisting contract with a payor GENERAL SERVICES what terms, to contract with a payor. upon receipt of a payor’s written request ADMINISTRATION Paragraph II.C bars attempts to engage in to terminate the contract. This provision any action prohibited by Paragraph II.A is intended to eliminate the effects of [2003–N04] or II.B. Paragraph II.D proscribes WUPN’s anticompetitive actions. inducing anyone to engage in any action Paragraph III.D of the proposed order Guidance to Federal Financial prohibited by Paragraphs II.A through requires WUPN to distribute the order Assistance Recipients Regarding Title II.C. and complaint prospectively to new VI Prohibition Against National Origin As in other orders addressing members, newly contracted payors, and Discrimination Affecting Limited providers’ collective bargaining with new employees for a period of three English Proficient Persons health care purchasers, certain kinds of years, and Paragraphs IV through VI set AGENCIES: Office of Civil Rights, General agreements are excluded from the out WUPN’s requirements to report or Services Administration (GSA). general bar on joint negotiations. provide access to information to the First, WUPN would not be precluded Commission to facilitate monitoring of ACTION: Notice of interim final policy from engaging in conduct that is WUPN’s compliance with the order. guidance document. reasonably necessary to form or The proposed order will expire in 20 SUMMARY: The General Services participate in legitimate joint years. contracting arrangements among Administration (GSA) is publishing for competing physicians, whether a By direction of the Commission. public comment interim final policy ‘‘qualified risk-sharing joint Donald S. Clark, guidance on Title VI’s prohibition arrangement’’ or a ‘‘qualified clinically- Secretary. against national origin discrimination as integrated joint arrangement.’’ Second, [FR Doc. 03–18744 Filed 7–22–03; 8:45 am] it affects limited English proficient WUPN would be permitted to enter into BILLING CODE 6750–01–P (LEP) persons. This guidance will any agreement or engage in any conduct become final after a 30-day comment that only involves WU faculty members period unless GSA determines that the with respect to services provided by WU comments require further modification physicians. GENERAL SERVICES to the guidance. Once final, this policy As defined in the proposed order, a ADMINISTRATION guidance will supplant the policy ‘‘qualified risk-sharing joint guidance published on January 17, arrangement’’ possesses two key National Travel Forum 2004: Traveling 2001. on the Frontier of Change (NTF 2004) characteristics. First, all physician DATES: Submit comments on or before participants must share substantial AGENCY: Office of Governmentwide August 22, 2003. GSA will review all financial risk through the arrangement, comments and will determine what such that the arrangement creates Policy, General Services Administration (GSA). modifications, if any, to this policy incentives for the participants to control guidance are necessary. Because this ACTION: Notice. costs and improve quality by managing guidance must adhere to the Federal- the provision of services. Second, any SUMMARY: The General Services wide compliance standards and agreement concerning reimbursement or framework detailed in the model U.S. other terms or conditions of dealing Administration (GSA) is announcing that it will hold its third national travel Department of Justice’s LEP guidance, must be reasonably necessary to obtain GSA specifically solicits comments on significant efficiencies through the joint forum. The National Travel Forum 2004: Traveling on the Frontier of Change the nature, scope, and appropriateness arrangement. of the GSA-specific examples set out in A ‘‘qualified clinically-integrated joint (NTF 2004) will take place June 28–July this guidance explaining and/or arrangement,’’ on the other hand, need 1, 2004 at the Wyndham Anatole in highlighting how those consistent not involve any sharing of financial risk. Dallas, Texas. Nearly 1,500 travel, Federal-wide compliance standards are Instead, as defined in the proposed relocation, financial and other applicable to recipients of Federal order, physician participants must professionals within Federal, State, and financial assistance through GSA. participate in active and ongoing local governments, as well as the private programs to evaluate and modify their sector will attend. Much of the focus ADDRESSES: Interested persons should clinical practice patterns in order to will be on the governmentwide eTravel submit written comments to Ms. Regina control costs and ensure the quality of Service (eTS), the Federal Premier Budd, Deputy Associate Administrator, services provided, and the arrangement Lodging Program (FPLP), and revised Office of Civil Rights, General Services must create a high degree of relocation regulations. Best practices in Administration, 1800 F Street, NW., interdependence and cooperation Government travel and relocation Suite 5127, Washington, DC 20405. among physicians. As with qualified services, as well as many other topics Comments may also be submitted by risk-sharing arrangements, any will be discussed. To attend, exhibit, or facsimile at (202) 219–3369 or at e-mail agreement concerning price or other hold an agency-wide meeting, visit the [email protected]. terms of dealing must be reasonably NTF 2004 Web site at http:// FOR FURTHER INFORMATION CONTACT: The necessary to achieve the efficiency goals www.nationaltravelforum.org. Regulatory Secretariat, Room 4035, GS of the joint arrangement. FOR FURTHER INFORMATION CONTACT: Rick Building, Washington, DC, 20405, (202) Paragraphs III.A and III.B require Freda, Office of Governmentwide 208–7312, for information pertaining to WUPN to send notice of the order and Policy, at (202) 219–3500, or by e-mail status or publication schedules. For complaint to all WUPN participating to [email protected]. clarification of content, contact Ms. physicians, WUPN employees and Evelyn Britton at the Office of Civil principals, and all payors WUPN has Dated: July 18, 2003. Rights, General Services contacted since January 1, 1998, Peggy DeProspero, Administration, 1800 F Street, NW., concerning the provision of physician Director, Travel Management Policy. Washington, DC 20405. Telephone (202) services. Paragraph III.C. requires [FR Doc. 03–18751 Filed 7–22–03; 8:45 am] 501–0767; 1–800–662–6376; TDD 1– WUPN to terminate, without penalty, BILLING CODE 6820–24–P 888–267–7660.

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SUPPLEMENTARY INFORMATION: The Affecting Limited English Proficient language barriers that can preclude purpose of this policy guidance is to Persons’’, published on June 18, 2002, meaningful access by LEP persons to further clarify the responsibilities of 67 FR 41455. important government services.1 recipients of Federal financial assistance It has been determined that the In certain circumstances, failure to from GSA and assist them in fulfilling guidance does not constitute a ensure that LEP persons can effectively their responsibilities to limited English regulation subject to the rulemaking participate in or benefit from Federally proficient (LEP) persons, pursuant to requirements of the Administrative assisted programs and activities may Title VI of the Civil Rights Act of 1964 Procedure Act, 5 U.S.C. 553. violate the prohibition under Title VI of and GSA implementing regulations. The The text of the complete guidance the Civil Rights Act of 1964, 42 U.S.C. policy guidance explains that to avoid document appears as an attachment to 2000d and Title VI regulations against discrimination against LEP persons on this notice. national origin discrimination. The the ground of national origin, recipients Dated: July 1, 2003. purpose of this policy guidance is to must take reasonable steps to ensure assist recipients in fulfilling their Madeline Caliendo, that LEP persons have meaningful responsibilities to provide meaningful access to the programs, services, and Associate Administrator, Office of Civil access to LEP persons under existing Rights. information those recipients provide, law. This policy guidance clarifies free of charge. I. Introduction existing legal requirements for LEP GSA’s guidance for recipients was persons by providing a description of Most individuals living in the United originally published on January 17, the factors recipients should consider in States read, write, speak and understand 2001, and became effective fulfilling their responsibilities to LEP English. There are many individuals, immediately. (See 66 FR 4026.) That persons.2 These are the same criteria however, for whom English is not their document, like the following guidance, GSA will use in evaluating whether primary language. For instance, based was based on policy guidance issued by recipients are in compliance with Title on the 2000 census, over 26 million the Department of Justice entitled VI and Title VI regulations. individuals speak Spanish and almost 7 ‘‘Enforcement of Title VI of the Civil In a memorandum to all Federal million individuals speak an Asian or Rights Act of 1964—National Origin funding agencies, dated July 8, 2002, Pacific Island language at home. If these Discrimination Against Persons with Assistant Attorney General Ralph Boyd Limited English Proficiency.’’ (See 65 individuals have a limited ability to of the U.S. Department of Justice’s (DOJ) FR 50123, August 16, 2000.) read, write, speak, or understand Civil Rights Division requested that On February 20, 2002, the GSA re- English, they are limited English agencies model their agency-specific published its recipient guidance for proficient, or ‘‘LEP.’’ While detailed guidance for recipients after Sections I– additional public comment. (See 67 FR data from the 2000 census has not yet VIII of DOJ’s June 18, 2002 guidance. 7692.) Comments representing 24 been released, 26% of all Spanish- Therefore, this guidance is modeled different organizations were received, speakers, 29.9% of all Chinese-speakers, after the language and format of the and the following guidance was and 28.2% of all Vietnamese-speakers DOJ’s revised, final guidance, developed after review and reported that they spoke English ‘‘not ‘‘Guidance to Federal Financial consideration of those comments. Prior well’’ or ‘‘not at all’’ in response to the Assistance Recipients Regarding Title VI comments on the original guidance need 1990 census. Prohibition Against National Origin not be re-submitted. Language for LEP individuals can be Discrimination Affecting Limited On March 14, 2002, the Office of a barrier to accessing important benefits English Proficient Persons’’, published Management and Budget (OMB) issued or services, understanding and June 18, 2002, 67 FR 41455. The DOJ’s a Report to Congress titled ‘‘Assessment exercising important rights, complying role under Executive Order 13166 is of the Total Benefits and Costs of with applicable responsibilities, or unique. The Order charges DOJ with Implementing Executive Order No. understanding other information responsibility for providing LEP 13166: Improving Access to Services for provided by federally funded programs Guidance to other Federal agencies and Persons with Limited English and activities. The Federal Government for ensuring consistency among each Proficiency.’’ The Report made several funds an array of services that can be agency-specific guidance. Consistency recommendations designed to minimize made accessible to otherwise eligible among Federal agencies is particularly confusion and ensure that funds LEP persons. The Federal Government important. Inconsistency or dedicated to LEP services best advance is committed to improving the contradictory guidance could confuse meaningful access for LEP individuals. accessibility of these programs and One significant recommendation was activities to eligible LEP persons, a goal 1 GSA recognizes that many recipients had the adoption of uniform guidance across that reinforces its equally important language assistance programs in place prior to the all Federal agencies, with flexibility to commitment to promoting programs and issuance of Executive Order 13166. This policy guidance provides a uniform framework for a permit tailoring to each agency’s activities designed to help individuals recipient to integrate, formalize, and assess the specific recipients. In a memorandum to learn English. Recipients should not continued vitality of these existing and possibly all Federal funding agencies dated July overlook the long-term positive impacts additional reasonable efforts based on the nature of 8, 2002, Assistant Attorney General of incorporating or offering English as a its program or activity, the current needs of the LEP populations it encounters, and its prior experience Ralph Boyd of DOJ’s Civil Rights Second Language (ESL) programs in in providing language services in the community it Division requested that agencies model parallel with language assistance serves. their agency-specific guidance for services. ESL courses can serve as an 2 The policy guidance is not a regulation but recipients after sections I through VIII of important adjunct to a proper LEP plan. rather a guide. Title VI and its implementing regulations require that recipients take responsible DOJ’s June 18, 2002, guidance. However, the fact that ESL classes are steps to ensure meaningful access by LEP persons. Therefore, this guidance is modeled made available does not obviate the This guidance provides an analytical framework after the language and format of DOJ’s statutory and regulatory requirement to that recipients may use to determine how best to revised, final guidance, ‘‘Guidance to provide meaningful access for those comply with statutory and regulatory obligations to ensure meaningful access to the benefits, services, Federal Financial Assistance Recipients who are not yet English proficient. information, and other important portions of their Regarding Title VI Prohibition Against Recipients of Federal financial programs and activities for individuals who are National Origin Discrimination assistance have an obligation to reduce limited English proficient.

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recipients of Federal funds and activity receiving Federal financial ‘‘Enforcement of Title VI of the Civil needlessly increase costs without assistance.’’ Section 602 authorizes and Rights Act of 1964 National Origin rendering the meaningful access for LEP directs Federal agencies that are Discrimination Against Persons With persons that this Guidance is designed empowered to extend Federal financial Limited English Proficiency,’’ 65 FR to address. As with most government assistance to any program or activity ‘‘to 50123 (August 16, 2000) (‘‘DOJ LEP initiatives, this requires balancing effectuate the provisions of [section 601] Guidance’’). several principles. While this Guidance * * * by issuing rules, regulations, or Subsequently, Federal agencies raised discusses that balance in some detail, it orders of general applicability.’’ 42 questions regarding the requirements of is important to note the basic principles U.S.C. 2000d–1. GSA regulations the Executive Order, especially in light behind that balance. First, we must promulgated pursuant to section 602 of the Supreme Court’s decision in ensure that Federally-assisted programs forbid recipients from ‘‘utiliz[ing] Alexander v. Sandoval, 532 U.S. 275 aimed at the American public do not criteria or methods of administration (2001). On October 26, 2001, Ralph F. leave some behind simply because they which have the effect of subjecting Boyd, Jr., Assistant Attorney General for face challenges communicating in individuals to discrimination because of the Civil Rights Division, issued a English. This is of particular importance their race, color, or national origin, or memorandum for ‘‘Heads of because, in many cases, LEP individuals have the effect of defeating or Departments and Agencies, General form a substantial portion of those substantially impairing accomplishment Counsels and Civil Rights Directors.’’ encountered in Federally-assisted of the objectives of the program as This memorandum clarified and programs. Second, we must achieve this respects individuals of a particular race, reaffirmed the DOJ LEP Guidance in goal while finding constructive methods color, or national origin.’’ 41 CFR light of Sandoval.3 The Assistant to reduce the costs of LEP requirements 101.6.204–2(a)(2). The Supreme Court, Attorney General stated that because on small businesses, small local in Lau v. Nichols, 414 U.S. 563 (1974), Sandoval did not invalidate any Title VI governments, or small non-profits that interpreted regulations promulgated by regulations that proscribe conduct that receive Federal financial assistance. the former Department of Health, has a disparate impact on covered There are many productive steps that Education, and Welfare to hold that groups—the types of regulations that the Federal government, either Title VI prohibits conduct that has a form the legal basis for the part of collectively or as individual grant disproportionate effect on LEP persons Executive Order 13166 that applies to agencies, can take to help recipients because such conduct constitutes Federally assisted programs and reduce the costs of language services national origin discrimination. In activities—the Executive Order remains without sacrificing meaningful access ‘‘Lau,’’ a San Francisco school district in force. for LEP persons. Without these steps, that had a significant number of non- Pursuant to Executive Order 13166, certain smaller grantees may well English speaking students of Chinese GSA developed its own guidance choose not to participate in Federally origin was required to take reasonable document for recipients and initially assisted programs, threatening the steps to provide them with a meaningful issued it on January 17, 2001, ‘‘Limited critical functions that the programs opportunity to participate in Federally English Proficiency Policy Guidance for strive to provide. To that end, GSA funded educational programs. recipients of Federal Financial plans to continue to provide assistance On August 11, 2000, Executive Order Assistance,’’ 66 FR 4026 (January 17, and guidance in this important area. An 13166 was issued. ‘‘Improving Access to 2001) (‘‘LEP Guidance for GSA interagency working group on LEP has Services for Persons with Limited Recipients’’). Because GSA did not developed a Web site, http:// English Proficiency,’’ 65 FR 50121 receive any public comment on its www.lep.gov, to assist in disseminating (August 16, 2000). Under that order, January 17, 2001 publication, the this information to recipients, Federal every Federal agency that provides Agency republished on February 20, agencies, and the communities being financial assistance to non-Federal 2002 its existing guidance document for served. entities must publish guidance on how additional public comment, ‘‘Limited Many commentators have noted that their recipients can provide meaningful English Proficiency Policy Guidance for some have interpreted the case of access to LEP persons and thus comply Recipients of Federal Financial Alexander v. Sandoval, 532 U.S. 275 with Title VI regulations forbidding Assistance,’’ 67 FR 7692 (February 20, (2001), as impliedly striking down the funding recipients from ‘‘restrict[ing] an 2002). GSA has since received regulations promulgated under Title VI individual in any way in the enjoyment that form the basis for the part of of any advantage or privilege enjoyed by 3 The memorandum noted that some Executive Order 13166 that applies to others receiving any service, financial commentators have interpreted Sandoval as Federally assisted programs and aid, or other benefit under the program’’ impliedly striking down the disparate-impact activities. We have taken the position or from ‘‘utiliz[ing] criteria or methods regulations promulgated under Title VI that form the basis for the part of Executive Order 13166 that that this is not the case, and will of administration which have the effect applies to Federally assisted programs and continue to do so. Accordingly, we will of subjecting individuals to activities, See, e.g., Sandoval 532 U.S. at 286, 286 strive to ensure that Federally assisted discrimination because of their race, n.6 (‘‘[W]e assume for purposes of this decision that programs and activities work in a way color, or national origin, or have the section 602 confers the authority to promulgate effect of defeating or substantially disparate-impact regulation; * * * We cannot help that is effective for all eligible observing, however, how strange it is to say that beneficiaries, including those with impairing accomplishment of the disparate-impact regulations are ‘inspired by, at the limited English proficiency. objectives of the program as respects service of, and inseparably intertwined with’ Sec. individuals of a particular race, color, or 601 * * * when Sec. 601 permits the very behavior II. Legal Authority national origin.’’ that the regulations forbid.’’). The memorandum, however, made clear that DOJ disagreed with the Section 601 of Title VI of the Civil On that same day, DOJ issued a commentators’ interpretation. Sandoval holds Rights Act of 1964, 42 U.S.C. 2000d, general guidance document addressed principally that there is no private right of action provides that no person shall ‘‘on the to ‘‘Executive Agency Civil Rights to enforce Title VI disparate-impact regulations. It ground of race, color, or national origin, Officers’’ setting forth general principles did not address the validity of those regulations or Executive Order 13166 or otherwise limit the be excluded from participation in, be for agencies to apply in developing authority and responsibility of Federal grant denied the benefits of, or be subjected guidance documents for recipients agencies to enforce their own implementing to discrimination under any program or pursuant to the Executive Order. regulations.

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significant public comment. This assistance. Recipients of GSA assistance particular type of service, benefit, or guidance document is thus published include, for example: 4 encounter. pursuant to Executive Order 13166. —State and local agencies involved in Examples of populations likely to Once final it will supplant the January such activities as: Conservation; include LEP persons who are 17, 2001 publication in light of the economic development; education; encountered and/or served by GSA public comment received and Assistant park and recreation programs; public recipients and should be considered Attorney General Boyd’s October 26, safety; public health programs for the when planning language services 2001 clarifying memorandum and July elderly; and programs for the include, but are not limited to: 8, 2002 memorandum advising agencies homeless; and —Persons seeking assistance from a to revise and re-publish their guidance, —Nonprofit organizations that perform county’s emergency services, such as modeled after DOJ’s June 18, 2002 final educational and public health 9–1–1 service, which include guidance. activities exempt from taxation under individuals reporting automobile section 501 of the Internal Revenue accidents, fires, criminal, or other III. Who Is Covered? such as: Medical institutions; activity; and individuals who GSA’s implementation regulations hospitals; clinics; health centers; and encounter the legal system; provide, in part, at 41 CFR 101–6.204– drug abuse treatment centers; schools; —Parents or other family members 1: universities; Head Start; childcare seeking information about childcare ‘‘No person in the United States shall, centers; educational radio and and educational services; and on the grounds of race, color, or national television stations; museums attended —Individuals seeking services from origin, be excluded from participation by the public; libraries; food banks; homeless shelters, domestic abuse in, be denied the benefits of, or be and other eligible organizations that shelters, food banks, clinics, otherwise subjected to discrimination provide support and services to the hospitals, medical institutions, or under any program to which this needy, shelter, or support services to health-care providers. subpart applies.’’ the homeless or impoverished. V. How Does a Recipient Determine the Specific discriminatory actions Subrecipients likewise are covered Extent of Its Obligation To Provide LEP prohibited are addressed at 41 CFR 101– when Federal funds are passed through Services? 6.204–2: ‘‘(a)(1) In connection with any from one recipient to a subrecipient. program to which this subpart applies, Recipients are required to take Coverage extends to a recipient’s entire a recipient may not, directly or through reasonable steps to ensure meaningful program or activity, i.e., to all parts of contractual or other arrangements, on access to their programs and activities a recipient’s operations. This is true the ground of race, color, or national by LEP persons. While designed to be a even if only one part of the recipient flexible and fact-dependent standard, origin: 5 (i) Deny an individual any services/ receives the Federal assistance. the starting point is an individualized Example: GSA donates a surplus backhoe benefits, financial aid, or other benefit assessment that balances the following and grader to a State park within the State four factors: (1) The number or provided under the program; Department of Parks and Recreation. All of (ii) Provide any service, financial aid, the operations of the entire State Department proportion of LEP persons eligible to be or other benefit to any individual which of Parks and Recreation—not just the served or likely to be encountered by is different, or is provided in a different particular park that received the property— the program or grantee; (2) the manner, from that provided to others are covered. frequency with which LEP individuals under the program; come in contact with the program; (3) Finally, some recipients operate in the nature and importance of the (iii) Subject an individual to jurisdictions in which English has been segregation or separate treatment in any program, activity, or service provided by declared the official language. the program to people’s lives; and (4) matter related to his receipt of any Nonetheless, these recipients continue service, financial aid, or other benefit the resources available to the grantee/ to be subject to Federal non- recipient and costs. As indicated above, under the program; discrimination requirements, including (iv) Restrict an individual in any way the intent of this guidance is to suggest those applicable to the provision of in the enjoyment of any advantage or a balance that ensures meaningful Federally assisted services to persons privilege enjoyed by others receiving access by LEP persons to critical with limited English proficiency. any service, financial aid, or other services while not imposing undue benefit under the program; IV. Who Is a Limited English Proficient burdens on small business, small local (v) Treat an individual differently Individual? governments, or small nonprofits. from others in determining whether he After applying the above four-factor Individuals who do not speak English satisfies any admission, enrollment, analysis, a recipient may conclude that as their primary language and who have quota, eligibility, membership or other different language assistance measures a limited ability to read, write, speak, or requirement or condition which are sufficient for the different types of understand English can be limited individuals must meet in order to be programs or activities in which it English proficient, or ‘‘LEP,’’ entitled to provided any service, financial aid, or engages. For instance, some of a language assistance with respect to a other benefit provided under the recipient’s activities will be more program; important than others and/or have (vi) Deny an individual an 4 Pursuant to Executive Order 13166, the greater impact on or contact with LEP meaningful access requirement of the Title VI opportunity to participate in the regulations and the four-factor analysis set forth in persons, and thus may require more in program through the provision of the GSA LEP Guidance are to additionally apply to the way of language assistance. The services or otherwise, or afford him an the programs and activities of Federal agencies, flexibility that recipients have in opportunity to do so which is different including the GSA. addressing the needs of the LEP from that afforded others under the 5 However, if a Federal agency were to decide to populations they serve does not program * * *.’’ terminate Federal funds based on noncompliance diminish, and should not be used to with Title VI or its regulations, only funds directed Federal financial assistance includes to the particular program or activity that is out of minimize, the obligation that those grants, training, use of equipment, compliance would be terminated. 42 U.S.C. 2000d– needs be addressed. GSA recipients donations of surplus property, and other 1. should apply the following four factors

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to the various kinds of contacts that they from state and local governments.6 (3) The Nature and Importance of the have with the public to assess language Community agencies, school systems, Program, Activity, or Service Provided needs and decide what reasonable steps religious organizations, legal aid by the Program they should take to ensure meaningful entities, and others can often assist in The more important the activity, access for LEP persons. identifying populations for whom information, service, or program, or the outreach is needed and who would (1) The Number or Proportion of LEP greater the possible consequences of the Persons Served or Encountered in the benefit from the recipients’ programs contact to the LEP individuals, the more Eligible Service Population and activities were language services likely language services are needed. The provided. obligations to communicate with a One factor in determining what person in need of emergency health, fire language services recipients should (2) The Frequency With Which LEP Individuals Come in Contact With the or law enforcement services may differ, provide is the number or proportion of for example, from those to provide Program LEP persons from a particular language information about museum hours, group served or encountered in the Recipients should assess, as location, exhibits and services. A eligible service population. The greater accurately as possible, the frequency recipient needs to determine whether the number or proportion of these LEP with which they have or should have denial or delay of access to services or persons, the more likely language contact with an LEP individual from information could have serious or even services are needed. Ordinarily, persons different language groups seeking life-threatening implications for the LEP ‘‘eligible to be served, or likely to be assistance. The more frequent the individual. Decisions by a Federal, directly affected by,’’ a recipient’s contact with a particular language State, or local entity to make an activity program or activity are those who are group, the more likely that enhanced compulsory, such as educational served or encountered in the eligible language services in that language are programs, the provision of a hearing or service population. This population will needed. The steps that are reasonable complaint process, or the be program-specific, and includes for a recipient that serves an LEP person communication of Miranda rights, or persons who are in the geographic area other rights or warning information, can that has been approved by a Federal on a one-time basis will be very different than those expected from a serve as strong evidence of the grant agency as the recipient’s service program’s importance. area. However, where, for instance, a recipient that serves LEP persons daily. nonprofit organization operates several It is also advisable to consider the (4) The Resources Available to the shelters within a large county and one frequency of different types of language Recipient and Costs health clinic that serves a large LEP contacts. For example, frequent contacts A recipient’s level of resources and population in a rural part of the country, with Spanish-speaking people who are the costs that would be imposed on it the appropriate service area for the LEP may require certain assistance in may have an impact on the nature of the clinic is most likely that portion of the Spanish. Less frequent contact with steps it should take. Smaller recipients county served by the health clinic, and different language groups may suggest a with more limited budgets are not not the entire population served by the different and less intensified solution. If expected to provide the same level of nonprofit organization. The same would an LEP individual accesses a program or language services as larger recipients be true for the shelters. Where no service on a daily basis, a recipient has with larger budgets. In addition, service area has previously been greater duties than if the same ‘‘reasonable steps’’ may cease to be approved, the relevant service area may individual’s program or activity contact reasonable where the costs imposed be that which is approved by state or is unpredictable or infrequent. But even substantially exceed the benefits. local authorities or designated by the recipients that serve LEP persons on an Resource and cost issues, however, recipient itself, provided that these unpredictable or infrequent basis should can often be reduced by technological designations do not themselves use this balancing analysis to determine advances; the sharing of language discriminatorily exclude certain what to do if an LEP individual seeks assistance materials and services among populations. When considering the services under the program in question. and between recipients, advocacy number or proportion of LEP This plan need not be intricate. It may groups, and Federal grant agencies; and individuals in a service area, recipients be as simple as being prepared to use reasonable business practices. Where should consider LEP parent(s) when one of the commercially-available appropriate, training bilingual staff to their English-proficient or LEP minor telephonic interpretation services to act as interpreters and translators, children and dependents encounter the obtain immediate interpreter services. In information sharing through industry recipient’s services, programs or applying this standard, recipients groups, telephonic and video activities. should take care to consider whether conferencing interpretation services, Recipients should first examine their appropriate outreach to LEP persons pooling resources and standardizing prior experiences with LEP encounters could increase the frequency of contact documents to reduce translation needs, and determine the breadth and scope of with LEP language groups. using qualified translators and language services that were needed. In interpreters to ensure that documents conducting this analysis, it is important 6 The focus of the analysis is on lack of English need not be ‘‘fixed’’ later and that to include language minority proficiency, not the ability to speak more than one inaccurate interpretations do not cause language. Note that demographic data may indicate delay or other costs, centralizing populations that are eligible for their the most frequently spoken languages other than programs or activities but may be English and the percentage of people who speak interpreter and translator services to underserved because of existing that language who speak or understand English less achieve economies of scale, or the than well. Some of the most commonly spoken formalized use of qualified community language barriers. Other data should be languages other than English may be spoken by consulted to refine or validate a volunteers, for example, may help people who are also overwhelmingly proficient in 7 recipient’s prior experience, including English. Thus, they may not be the languages reduce costs. Recipients should the latest census data for the area spoken most frequently by limited English proficient individuals. When using demographic 7 Small recipients with limited resources may served, data from school systems and data, it is important to focus in on the languages find that entering into a bulk telephonic from community organizations, and data spoken by those who are not proficient in English. Continued

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carefully explore the most cost-effective VI. Selecting Language Assistance follow confidentiality and impartiality means of delivering competent and Services rules to the same extent the recipient accurate language services before Recipients have two main ways to employee for whom they are limiting services due to resource provide language services: Oral and interpreting and/or to the extent their concerns. Large entities and those written language services. Quality and position requires. entities serving a significant number or accuracy of the language service is Understand and adhere to their role as proportion of LEP persons should critical in order to avoid serious interpreters without deviating into a ensure that their resource limitations are consequences to the LEP person and to role as counselor, legal/medical advisor, well-substantiated before using this the recipient. or other roles (particularly in court, factor as a reason to limit language administrative hearings, law assistance. Such recipients may find it A. Oral Language Services enforcement or medical services useful to be able to articulate, through (Interpretation) contexts). documentation or in some other Interpretation is the act of listening to Some recipients, such as courts, may reasonable manner, their process for something in one language (source have additional self-imposed determining that language services language) and orally translating it into requirements for interpreters. Where would be limited based on resources or another language (target language). individual rights depend on precise, costs. Where interpretation is needed and is complete, and accurate interpretation or This four-factor analysis necessarily reasonable, recipients should consider translations, particularly in the contexts implicates the ‘‘mix’’ of LEP services some or all of the following options for of courtrooms and custodial or other required. Recipients have two main providing competent interpreters in a police interrogations, the use of certified ways to provide language services: Oral 9 timely manner: interpreters is strongly encouraged. interpretation either in person or via Competence of Interpreters. When Where such proceedings are lengthy, the telephone interpretation service providing oral assistance, recipients interpreter will likely need breaks and (hereinafter ‘‘interpretation’’) and should ensure competency of the team interpreting may be appropriate to written translation (hereinafter language service provider, no matter ensure accuracy and to prevent errors ‘‘translation’’). Oral interpretation can which of the strategies outlined below caused by mental fatigue of interpreters. range from on-site interpreters for are used. Competency requires more While quality and accuracy of critical services provided to a high than self-identification as bilingual. language services is critical, the quality volume of LEP persons to access Some bilingual staff and community and accuracy of language services is through commercially-available volunteers, for instance, may be able to nonetheless part of the appropriate mix telephonic interpretation services. communicate effectively in a different of LEP services required. The quality Written translation, likewise, can range and accuracy of language services in a from translation of an entire document language when communicating information directly in that language, hospital emergency room, for example, to translation of a short description of must be extraordinarily high, while the the document. In some cases, language but not be competent to interpret in and out of English. Likewise, they may not quality and accuracy of language services should be made available on an services in a bicycle safety class need expedited basis while in others the LEP be able to do written translations. Competency to interpret, however, not meet the same exacting standards. individual may be referred to another Finally, when interpretation is needed office of the recipient for language does not necessarily mean formal certification as an interpreter, although and is reasonable, it should be provided assistance. in a timely manner. To be meaningfully The correct mix should be based on certification is helpful. When using interpreters, recipients should ensure effective, language assistance should be what is both necessary and reasonable timely. While there is no single in light of the four-factor analysis. For that they: Demonstrate proficiency in and definition for ‘‘timely’’ applicable to all instance, a medical clinic in a largely types of interactions at all times by all Hispanic neighborhood may need ability to communicate information accurately in both English and in the types of recipients, one clear guide is immediate oral interpreters available that the language assistance should be and should give serious consideration to other language and identify and employ the appropriate mode of interpreting provided at a time and place that avoids hiring some bilingual staff. In contrast, the effective denial of the service, there may be circumstances where the (e.g., consecutive, simultaneous, summarization, or sight translation); benefit, or right at issue or the importance and nature of the activity imposition of an undue burden on or and number or proportion and Have knowledge in both languages of any specialized terms or concepts delay in important rights, benefits, or frequency of contact with LEP persons services to the LEP person. For example, may be low and the costs and resources peculiar to the entity’s program or activity and of any particularized when the timeliness of services is needed to provide language services important, such as with certain may be high, such as in the case of a vocabulary and phraseology used by the LEP person; 8 and understand and activities of GSA recipients providing voluntary tour of a city park and law enforcement, health, and safety recreation area, in which pre-arranged 8 Many languages have ‘‘regionalisms,’’ or services, and when important legal language services for the particular differences in usage. For instance, a word that may rights or the LEP individual’s health or service may not be necessary. be understood to mean something in Spanish for safety is at issue, a recipient would Regardless of the type of language someone from Cuba may not be so understood by likely not be providing meaningful service provided, quality and accuracy someone from Mexico. In addition, because there may be languages, which do not have an access if it had one bilingual staffer of those services can be critical in order appropriate direct interpretation of, some technical available one day a week to provide the to avoid serious consequences to the terms and the interpreter should be so aware and service. Such conduct would likely LEP person and to the recipient. be able to provide the most appropriate result in delays for LEP persons that Recipients have substantial flexibility in interpretation. The interpreter should likely make the recipient aware of the issue and the interpreter determining the appropriate mix. and recipient can then work to develop a consistent 9 For those languages in which no formal and appropriate set of descriptions of these terms accreditation or certification currently exists, interpretation service contract will prove cost in that language that can be used again, when recipients should consider a formal process for effective. appropriate. establishing the credentials of the interpreter.

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would be significantly greater than offer speedy interpreting assistance in own choosing (whether a professional those for English proficient persons. many different languages. They may be interpreter, family member, friend, other Conversely, where access to or exercise particularly appropriate where the mode volunteer) in place of or as a of a service, benefit, or right is not of communicating with an English supplement to the free language services effectively precluded by a reasonable proficient person would also be over the expressly offered by the recipient. LEP delay, language assistance can likely be phone. Although telephonic persons may feel more comfortable delayed for a reasonable period. interpretation services are useful in when a trusted family member, friend, Hiring Bilingual Staff. When many situations, it is important to or other individual acts as an particular languages are encountered ensure that, when using such services, interpreter. In addition, in exigent often, hiring bilingual staff offers one of the interpreters used are competent to circumstances that are not reasonably the best, and often most economical, interpret any technical or legal terms foreseeable, temporary use of options. Recipients can, for example, fill specific to a particular program that may interpreters not provided by the public contact positions, such as 911 be important parts of the conversation. recipient may be necessary. However, operators, police officers, guards, Nuances in language and non-verbal with proper planning and medical/emergency personnel, or communication can often assist an implementation, recipients should be program directors, with staff who are interpreter and cannot be recognized able to avoid most such situations. bilingual and competent to over the phone. Video teleconferencing Recipients, however, should take communicate directly with LEP persons may sometimes help to resolve this special care to ensure that family, legal in their language. If bilingual staff is issue where necessary. In addition, guardians, caretakers, and other also used to interpret between English where documents are being discussed, it informal interpreters are appropriate in speakers and LEP persons, or to orally is important to give telephonic light of the circumstances and subject interpret written documents from interpreters adequate opportunity to matter of the program, service or English into another language, they review the document prior to the activity, including protection of the should be competent in the skill of discussion and any logistical problems recipient’s own administrative or interpreting. Being bilingual does not should be addressed. enforcement interest in accurate necessarily mean that a person has the Using Community Volunteers. In interpretation. In many circumstances, ability to interpret. In addition, there addition to consideration of bilingual family members (especially children), may be instances when the role of the staff, staff interpreters, or contract friends, other individuals are not employee may conflict with the role of interpreters (either in-person or by competent to provide quality and an interpreter (for instance, a staff telephone) as options to ensure accurate interpretations. Issues of witness in a school disciplinary hearing meaningful access by LEP persons, use confidentiality, privacy, or conflict of may not be appropriate to serve as an of recipient-coordinated community interest may also arise. LEP individuals interpreter at the same time, even if he volunteers, working with, for instance, may feel uncomfortable revealing or or she were skilled at interpreting). community-based organizations may describing sensitive, confidential, or Effective management strategies, provide a cost-effective supplemental potentially embarrassing or sensitive including any appropriate adjustments language assistance strategy under information, such as medical history/ in assignments and protocols for using appropriate circumstances. They may be condition, previous sexual or violent bilingual staff, can ensure that bilingual particularly useful in providing assault history, family history, or staff is fully and appropriately utilized. language access for a recipient’s less financial information to a family When bilingual staff cannot meet all of critical programs and activities. To the member, friend, or member of the local the language service obligations of the extent the recipient relies on community.10 recipient, the recipient should turn to community volunteers, it is often best to In addition, such informal interpreters other options. use volunteers who are trained in the may have a personal connection to the Hiring Staff Interpreters. Hiring information or services of the program LEP person or an undisclosed conflict of interpreters may be most helpful where and can communicate directly with LEP interest, such as the desire to protect there is a frequent need for interpreting persons in their language. Just as with themselves or another individual. For services in one or more languages. all interpreters, community volunteers these reasons, when oral language Depending on the facts, sometimes it used to interpret between English services are necessary, recipients should may be necessary and reasonable to speakers and LEP persons, or to orally generally offer competent interpreter provide on-site interpreters to provide translate documents, should be services free of cost to the LEP person. accurate and meaningful competent in the skill of interpreting For GSA recipient programs and communication with an LEP person. and knowledgeable about applicable activities, this is particularly true in Contracting for Interpreters. Contract confidentiality and impartiality rules. situations in which health, safety, or interpreters may be a cost-effective Recipients should consider formal access to important benefits and option when there is no regular need for arrangements with community-based services are at stake, or when credibility a particular language skill. In addition organizations that provide volunteers to and accuracy are important to protect an to commercial and other private address these concerns and to help individual’s rights and access to providers, many community-based ensure that services are available more important services. organizations and mutual assistance regularly. An example of such a case is when associations provide interpretation Use of Family Members, or Friends or police officers respond to a domestic services for particular languages. Other Volunteers as Interpreters. violence call. In such a case, use of Contracting with and providing training Although recipients should not plan to family members or neighbors to regarding the recipient’s programs and rely on an LEP person’s family interpret for the alleged victim, processes to these organizations can be members, friends, or other informal perpetrator, or witnesses may raise a cost-effective option for providing interpreters to provide meaningful language services to LEP persons from access to important programs and 10 Recipients should take these concerns into activities, where LEP persons so desire, consideration when determining whether the LEP those language groups. individual has made a knowing and voluntary Using Telephone Interpreter Lines. they should be permitted to use, at their choice for the use of a family, legal guardian, Telephone interpreter service lines often own expense, an interpreter of their caretaker or other informal interpreter.

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serious issues of competency, materials into the language of each effective when done in tandem with confidentiality, and conflict of interest frequently-encountered LEP group other outreach methods, including and is thus inappropriate. While issues eligible to be served and/or likely to be utilizing the ethnic media, schools, of competency, confidentiality, and affected by the recipient’s program. religious, and community organizations conflict of interest in the use of family Such written materials could include, to spread a message. members (especially children), friends, for example: Sometimes a document includes both other inmates or other detainees often —Consent and complaint forms; vital and non-vital information. This make their use inappropriate, the use of —Intake forms with the potential for may be the case when the document is these individuals as interpreters may be important consequences; very large. It may also be the case when an appropriate option where proper —Written notices of rights and the title and a phone number for application of the four factors would responsibilities, denial, loss, or obtaining more information on the lead to a conclusion that recipient- decreases in benefits or services, contents of the document in frequently- provided services are not necessary. An parole, and other hearings; encountered languages other than example of this is a voluntary —Notices of disciplinary action; English is critical, but the document is educational tour of a public building. —Notices advising LEP persons of free sent out to the general public and There, the importance and nature of the language assistance; cannot reasonably be translated into activity may be relatively low and —Written tests that do not assess many languages. Thus, vital information unlikely to implicate issues of English language competency, but test may include, for instance, the provision confidentiality, conflict of interest, or competency for a particular license, of information in appropriate languages the need for accuracy. In addition, the job, or skill for which Knowing other than English regarding where a resources needed and costs of providing English is not required; and LEP person might obtain an language services may be high. In such —Applications to participate in a interpretation or translation of the a setting, an LEP person’s use of family, recipient’s program or activity or to document. friends, or others may be appropriate. receive recipient benefits or services. Into What Languages Should If the LEP person voluntarily chooses Whether or not a document (or the Documents be Translated? The to provide his or her own interpreter, a information it solicits) is ‘‘vital’’ may languages spoken by the LEP recipient should consider whether a individuals with whom the recipient record of that choice and of the depend upon the importance of the has contact determine the languages recipient’s offer of assistance is program, information, encounter, or appropriate. Where precise, complete, service involved, and the consequence into which vital documents should be and accurate interpretations or to the LEP person if the information in translated. A distinction should be translations of information and/or question is not provided accurately or in made, however, between languages that testimony are critical for medical, a timely manner. For instance, are frequently encountered by a safety, law enforcement, adjudicatory, applications for a fishing class taught at recipient and less commonly- or legal reasons, or where the the county lake should not generally be encountered languages. Many recipients competency of the LEP person’s considered vital, whereas applications serve communities in large cities or interpreter is not established, a recipient for drug and alcohol counseling/ across the country. They regularly serve might decide to provide its own, treatment in a homeless shelter or in LEP persons who speak dozens and independent interpreter, even if an LEP prison could be considered vital. Where sometimes over 100 different languages. person wants to use his or her own appropriate, recipients are encouraged To translate all written materials into all interpreter as well. Extra caution should to create a plan for consistently of those languages is unrealistic. be exercised when the LEP person determining, over time and across its Although recent technological advances chooses to use a minor as the various activities, what documents are have made it easier for recipients to interpreter. While the LEP person’s ‘‘vital’’ to the meaningful access of the store and share translated documents, decision should be respected, there may LEP populations they serve. such an undertaking would incur be additional issues of competency, Classifying a document as vital or substantial costs and require substantial confidentiality, or conflict of interest non-vital is sometimes difficult, resources. Nevertheless, well- when the choice involves using children especially in the case of outreach substantiated claims of lack of resources as interpreters. The recipient should materials like brochures or other to translate all vital documents into take care to ensure that the LEP person’s information on rights and services. dozens of languages do not necessarily choice is voluntary, that the LEP person Awareness of rights or services is an relieve the recipient of the obligation to is aware of the possible problems if the important part of ‘‘meaningful access.’’ translate those documents into at least preferred interpreter is a minor child, Lack of awareness that a particular several of the more frequently- and that the LEP person knows that a program, right, or service exists may encountered languages and to set competent interpreter could be provided effectively deny LEP individuals benchmarks for continued translations by the recipient at no cost. meaningful access. Thus, where a into the remaining languages over time. recipient is engaged in community As a result, the extent of the recipient’s B. Written Language Services outreach activities in furtherance of its obligation to provide written (Translation) activities, it should regularly assess the translations of documents should be Translation is the replacement of a needs of the populations frequently determined by the recipient on a case- written text from one language (source encountered or affected by the program by-case basis, looking at the totality of language) into an equivalent written text or activity to determine whether certain the circumstances in light of the four- in another language (target language). critical outreach materials should be factor analysis. Because translation is a What Documents Should be translated. Community organizations one-time expense, consideration should Translated? After applying the four- may be helpful in determining what be given to whether the upfront cost of factor analysis, a recipient may outreach materials may be most helpful translating a document (as opposed to determine that an effective LEP plan for to translate. In addition, the recipient oral interpretation) should be amortized its particular program or activity should consider whether translations of over the likely lifespan of the document includes the translation of vital written outreach material may be made more when applying this four-factor analysis.

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Safe Harbor. Many recipients would to provide meaningful access to LEP Likewise, consistency in the words and like to ensure with greater certainty that individuals through competent oral phrases used to translate terms of art, they comply with their obligations to interpreters where oral language legal, or other technical concepts helps provide written translations in services are needed and are reasonable. avoid confusion by LEP individuals and languages other than English. For example, schools should, where may reduce costs. Creating or using Paragraphs (a) and (b) outline the appropriate, ensure that school rules already-created glossaries of commonly- circumstances that can provide a ‘‘safe have been explained to LEP students, at used terms may be useful for LEP harbor’’ for recipients regarding the orientation, for instance, prior to taking persons and translators and cost requirements for translation of written disciplinary action against them. effective for the recipient. Providing materials. A ‘‘safe harbor’’ means that if Competence of Translators. As with translators with examples of previous a recipient provides written translations oral interpreters, translators of written accurate translations of similar material under these circumstances, such action documents should be competent. Many by the recipient, other recipients, or will be considered strong evidence of of the same considerations apply. Federal agencies may be helpful. compliance with the recipient’s written- However, the skill of translating is very While quality and accuracy of translation obligations. different from the skill of interpreting, translation services is critical, the The failure to provide written and a person who is a competent quality and accuracy of translation translations under the circumstances interpreter may or may not be services is nonetheless part of the outlined in paragraphs (a) and (b) does competent to translate. appropriate mix of LEP services not mean there is non-compliance. Particularly where legal or other vital required. For instance, documents that Rather, they provide a common starting documents are being translated, are simple and have no legal or other point for recipients to consider whether competence can often be achieved by consequence for LEP persons who rely and at what point the importance of the use of certified translators. Certification on them may use translators that are less service, benefit, or activity involved; the or accreditation may not always be skilled than important documents with nature of the information sought; and possible or necessary.11 Competence legal or other information upon which the number or proportion of LEP can often be ensured by having a reliance has important consequences persons served call for written second, independent translator ‘‘check’’ (including, e.g., information or translations of commonly-used forms the work of the primary translator. documents of GSA recipients regarding into frequently-encountered languages Alternatively, one translator can certain law enforcement, health and other than English. Thus, these translate the document, and a second, safety service, or certain legal rights). paragraphs merely provide a guide for independent translator could translate it The permanent nature of written recipients that would like greater back into English to check that the translations, however, imposes certainty of compliance than can be appropriate meaning has been additional responsibility on the provided by a fact-intensive, four-factor conveyed. This is called ‘‘back recipient to ensure that the quality and analysis. translation.’’ accuracy permit meaningful access by Translators should understand the LEP persons. Example: Even if the safe harbors are not used, if written translation of a certain expected reading level of the audience VII. Elements of Effective Plan on document(s) would be so burdensome as to and, where appropriate, have Language Assistance for LEP Persons defeat the legitimate objectives of its fundamental knowledge about the target program, the translation of the written language group’s vocabulary and After completing the four-factor materials is not necessary. Other ways of phraseology. Sometimes direct analysis and deciding what language providing meaningful access, such as translation of materials results in a assistance services are appropriate, a effective oral interpretation of certain vital translation that is written at a much recipient should develop an documents, might be acceptable under such implementation plan to address the circumstances. more difficult level than the English language version or has no relevant identified needs of the LEP populations Safe Harbor. The following actions equivalent meaning.12 Community they serve. Recipients have considerable will be considered strong evidence of organizations may be able to help flexibility in developing this plan. The compliance with the recipient’s written- consider whether a document is written development and maintenance of a periodically-updated written plan on translation obligations: at a good level for the audience. The GSA recipient provides written language assistance for LEP persons (‘‘LEP plan’’) for use by recipient translations of vital documents for each 11 For those languages in which no formal eligible LEP language group that accreditation currently exists, a particular level of employees serving the public will likely constitutes five percent or 1,000, membership in a professional translation be the most appropriate and cost- whichever is less, of the population of association can provide some indicator of effective means of documenting persons eligible to be served or likely to professionalism. compliance and providing a framework 12 For instance, there may be languages, which do be affected or encountered. Translation not have an appropriate direct translation of some for the provision of timely and of other documents, if needed, can be legal or technical terms, and the translator should reasonable language assistance. provided orally; or be able to provide an appropriate translation. The Moreover, such written plans would If there are fewer than 50 persons in translator should likely also make the recipient likely provide additional benefits to a aware of this. Recipients can then work with a language group that reaches the five translators to develop a consistent and appropriate recipient’s managers in the areas of percent trigger in (a), the recipient does set of descriptions of these terms in that language training, administration, planning, and not translate vital written materials but that can be used again, when appropriate. budgeting. These benefits should lead provides written notice in the primary Recipients will find it more effective and less costly most recipients to document in a if they try to maintain consistency in the words and language of the LEP language group of phrases used to translate terms of art and legal or written LEP plan their language the right to receive competent oral other technical concepts. Creating or using already assistance services, and how staff and interpretation of those written materials, created glossaries of commonly used terms may be LEP persons can access those services. free of cost. useful for LEP persons and translators and cost Despite these benefits, certain GSA effective for the recipient. Providing translators These safe harbor provisions apply to with examples of previous translations of similar recipients, such as recipients serving the translation of written documents material by the recipient, other recipients, or federal very few LEP persons and recipients only. They do not affect the requirement agencies may be helpful. with very limited resources, may choose

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not to develop a written LEP plan. —How to respond to LEP individuals should explain how to get the language However, the absence of a written LEP who have in-person contact with help.13 plan does not obviate the underlying recipient staff. (b) Stating in outreach documents that obligation to ensure meaningful access —How to ensure competency of language services are available from the by LEP persons to a recipient’s program interpreters and translation services. agency. Announcements could be in, for or activities. Accordingly, in the event instance, brochures, booklets, and in that a recipient elects not to develop a (3) Training Staff. Staff should know outreach and recruitment information. written plan, it should consider their obligations to provide meaningful These statements should be translated alternative ways to articulate in some access to information and services for into the most common languages and other reasonable manner a plan for LEP persons. An effective LEP plan could be ‘‘tagged’’ onto the front of providing meaningful access. Entities would likely include training to ensure common documents. having significant contact with LEP that: (c) Working with community-based persons, such as schools, religious —Staff knows about LEP policies and organizations and other stakeholders to organizations, community groups, and procedures. inform LEP individuals of the groups working with new immigrants —Staff having contact with the public recipients’ services, including the can be very helpful in providing (or those in a recipient’s care) are availability of language assistance important input into this planning trained to work effectively with in- services. process from the beginning. The person and telephone interpreters. (d) Using a telephone voice mail following five steps may be helpful in menu. The menu could be in the most designing an LEP plan and are typically Recipients may want to include this common languages encountered. It part of effective implementation plans. training as part of the orientation for should provide information about (1) Identifying LEP Individuals Who new employees. It is important to available language assistance services Need Language Assistance. The first two ensure that all employees in public and how to get them. factors in the four-factor analysis require contact positions (or having contact (e) Including notices in local an assessment of the number or with those in a recipient’s care) are newspapers in languages other than proportion of LEP individuals eligible to properly trained. Recipients have English. be served or encountered and the flexibility in deciding the manner in (f) Providing notices on non-English- frequency of encounters. This requires which the training is provided. The language radio and television stations recipients to identify LEP persons with more frequent the contact with LEP about the available language assistance whom it has contact. persons, the greater the need will be for services and how to get them. One way to determine the language of in-depth training. Staff with little or no (g) Presentations and/or notices at communication is to use language contact with LEP persons may only have schools and religious organizations. identification cards (or ‘‘I speak cards’’), to be aware of an LEP plan. However, (5) Monitoring and Updating the LEP which invite LEP persons to identify management staff, even if they do not Plan. Recipients should, where their language needs to staff. Such interact regularly with LEP persons, appropriate, have a process for cards, for instance, might say, ‘‘I speak should be fully aware of and understand determining, on an ongoing basis, Spanish’’ in both Spanish and English, the plan so they can reinforce its whether new documents, programs, ‘‘I speak Vietnamese’’ in both English importance and ensure its services, and activities need to be made and Vietnamese, etc. To reduce costs of implementation by staff. accessible for LEP individuals, and they compliance, the Federal government has (4) Providing Notice to LEP Persons. may want to provide notice of any made a set of these cards available on Once an agency has decided, based on changes in services to the LEP public the Internet. The Census Bureau ‘‘I the four factors, that it will provide and to employees. In addition, speak card’’ can be found and language services, it is important for the recipients should consider whether downloaded at http://www.lep.gov. recipient to let LEP persons know that changes in demographics, types of When records are normally kept of past those services are available and that services, or other needs require annual interactions with members of the public, they are free of charge. Recipients reevaluation of their LEP plan. Less the language of the LEP person can be should provide this notice in a language frequent reevaluation may be more included as part of the record. In LEP persons will understand. Examples appropriate where demographics, addition to helping employees identify of notification that recipients should services, and needs are more static. One the language of LEP persons they consider include: good way to evaluate the LEP plan is to encounter, this process will help in seek feedback from the community. future applications of the first two (a) Posting signs in intake areas and other entry points. When language In their reviews, recipients may want factors of the four-factor analysis. In to consider assessing changes in: addition, posting notices in commonly assistance is needed to ensure —Current LEP populations in service encountered languages notifying LEP meaningful access to information and area or population affected or persons of language assistance will services, it is important to provide encountered. encourage them to self-identify. notice in appropriate languages in (2) Language Assistance Measures. An intake areas or initial points of contact —Frequency of encounters with LEP effective LEP plan would likely include so that LEP persons can learn how to language groups. —Nature and importance of activities to information about the ways in which access those language services. This is LEP persons. language assistance will be provided. particularly true in areas with high —Availability of resources, including For instance, recipients may want to volumes of LEP persons seeking access technological advances and sources of include information on at least the to certain health, safety, or law additional resources, and the costs following: enforcement services or activities run by imposed. —Types of language services available. GSA recipients. For instance, signs in —How staff can obtain those services. intake offices could state that free language assistance is available. The 13 The Social Security Administration has made —How to respond to LEP callers. such signs available at http:/www.ssa.gov/ —How to respond to written signs should be translated into the most multilanguage/lanlist.htm. These signs could, for communications from LEP persons. common languages encountered. They example, be modified for recipient use.

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—Whether existing assistance is procedures provide meaningful access constitutional or other statutory meeting the needs of LEP persons. for LEP persons to the recipient’s protections mandating information, —Whether staff knows and understands programs and activities. warnings and notices in languages other the LEP plan and how to implement While all recipients must work than English, such as in the criminal it. toward building systems that will justice context. Rather, this guidance —Whether identified sources for ensure access for LEP individuals, GSA clarifies the Title VI regulatory assistance are still available and acknowledges that the implementation obligation to address, in appropriate viable. of a comprehensive system to serve LEP circumstances and in a reasonable In addition to these five elements, individuals is a process and that a manner, the language assistance needs effective plans set clear goals, system will evolve over time as it is of LEP individuals beyond those management accountability, and implemented and periodically required by the Constitution or statutes opportunities for community input and reevaluated. As recipients take and regulations other than the Title VI planning throughout the process. reasonable steps to provide meaningful regulations. access to Federally assisted programs The following examples are provided VIII. Voluntary Compliance Effort and activities for LEP persons, GSA will to assist recipients in determining their The goal for Title VI and Title VI look favorably on intermediate steps responsibilities with regard to LEP regulatory enforcement is to achieve recipients take that are consistent with individuals: voluntary compliance. The requirement this Guidance, and that, as part of a (1) A county has very few residents to provide meaningful access to LEP broader implementation plan or who are LEP. However, many persons is enforced and implemented by schedule, move their service delivery Vietnamese-speaking LEP motorists go GSA through the procedures identified system toward providing full access to through a major freeway running in the Title VI regulations. These LEP persons. This does not excuse through the county, which connects two procedures include complaint noncompliance but instead recognizes areas with high populations of investigations, compliance reviews, that full compliance in all areas of a Vietnamese speaking LEP individuals. efforts to secure voluntary compliance, recipient’s activities and for all potential As a result, the Traffic Division of the and technical assistance. language minority groups may county court processes a large number The Title VI regulations provide that reasonably require a series of of LEP persons, but it has taken no steps GSA will investigate whenever it implementing actions over a period of to train staff or provide forms or other receives a complaint, report, or other time. However, in developing any language access in that Division because information that alleges or indicates phased implementation schedule, GSA of the small number of LEP individuals possible noncompliance with Title VI or recipients should ensure that the in the county. The Division should its regulations. If the investigation provision of appropriate assistance for assess the number and proportion of results in a finding of compliance, GSA significant LEP populations or with LEP individuals processed by the will inform the recipient in writing of respect to activities having a significant Division and the frequency of such this determination, including the basis impact on the health, safety, legal rights, contact. With those numbers high, the for the determination. GSA is or livelihood of beneficiaries is Traffic Division may find that it needs committed to using voluntary addressed first. Recipients are to provide key forms or instructions in compliance (informal resolution) to encouraged to document their efforts to Vietnamese. It may also find, from resolve findings of noncompliance. provide LEP persons with meaningful talking with community groups, that However, if a case is fully investigated access to Federally assisted programs many older Vietnamese LEP individuals and results in a finding of and activities. do not read Vietnamese well, and that noncompliance, GSA must inform the it should provide oral language services recipient of the noncompliance through IX. Application to Specific Types of as well. The court may already have a Letter of Findings that sets out the Recipients Vietnamese-speaking staff competent in areas of noncompliance and the steps GSA’s recipients are in excess of interpreting in a different section of the that must be taken to correct the 66,000 and represent State, county, city court; it may decide to hire a noncompliance. It must attempt to and local government agencies e.g., Vietnamese-speaking employee who is secure voluntary compliance through transportation departments, parks/ competent in the skill of interpreting; or informal means. If the matter cannot be recreation departments, education it may decide that a telephonic resolved informally, GSA must secure departments, labor departments, health interpretation service suffices. compliance through the termination of departments, correctional facilities/ (2) A shelter for victims of domestic Federal assistance after the GSA police departments, emergency 9–1–1, violence is operated by a recipient of recipient has been given an opportunity local fire departments (to include GSA funds and located in an area where for an administrative hearing and/or by volunteer fire departments; housing 15 percent of the women in the service referring the matter to the DOJ to seek authorities; schools (public and private); area speak Spanish and are LEP. Seven injunctive relief or pursue other hospitals, health clinics, medical percent of the women in the service area enforcement proceedings. GSA engages centers; day care centers, to include speak various Chinese dialects and are in voluntary compliance efforts and Head Start; homeless shelters, domestic LEP. The shelter uses community provides technical assistance to abuse shelters, food banks, and other volunteers to help translate vital recipients at all stages of an eligible non-profits. outreach materials into Chinese (which investigation. During these efforts, GSA The requirements of the Title VI is one written language despite many proposes reasonable timetables for regulations, as clarified by this dialects) and Spanish. The shelter achieving compliance and consults with guidance, supplement, but do not hotline has a menu providing key and assists recipients in exploring cost- supplant, constitutional and other information, such as location, in effective ways of coming into statutory or regulatory provisions that English, Spanish, and two of the most compliance. In determining a recipient’s may require LEP services. Thus, a common Chinese dialects. Calls for compliance with the Title VI proper application of the four-factor immediate assistance are handled by the regulations, GSA’s primary concern is to analysis and compliance with the Title bilingual staff. The shelter has one ensure that the recipient’s policies and VI regulations does not replace counselor and several volunteers fluent

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in Spanish and English. Some contracting with a language service Awards are to be reviewed and volunteers are fluent in different provider). discussed at this meeting. These Chinese dialects and in English. The Permanent Versus Seasonal discussions are likely to reveal personal shelter works with community groups to Populations. In many communities, information concerning individuals access interpreters in the several resident populations change over time associated with the applications. This Chinese dialects that they encounter. or season. For example, in some resort information is exempt from mandatory Shelter staff trains the community communities, populations swell during disclosure under the above-cited volunteers in the sensitivities of peak vacation periods, many times statutes. domestic violence intake and exceeding the number of permanent SEP Meeting on: AHRQ Partnerships counseling. Volunteers sign residents of the jurisdiction. In other for Quality Competing Continuation confidentiality agreements. The shelter communities, primarily agricultural (R18) Awards. is looking for a grant to increase its areas, transient populations of workers Date: August 5, 2003 (open on August language capabilities despite its tiny may require increased services during 5 from 11 a.m. to 11:10 a.m. and closed budget. These actions constitute strong the relevant harvest season. This for the remainder of the evidence of compliance. dynamic demographic ebb and flow can Teleconference). (3) A small childcare center has three also dramatically change the size and Place: John M. Eisenberg, M.D. LEP parents (two who speak Mandarin nature of the LEP community likely to Building, 540 Gaither Road, Room 2020, and one speaks Spanish) whose English- come into contact with the recipient. Rockville, Maryland 20850. speaking children attend its childcare Thus, recipients should not limit their Contact Person: Anyone wishing to center on a regular basis. The center has analysis to numbers and percentages of obtain a roster of members, agenda or a staff of six, and has limited financial permanent residents. In assessing factor minutes of the nonconfidential portions resources to afford to hire bilingual staff, one—the number or proportion of LEP of this meeting should contact Mrs. contract with a professional interpreter individuals—emergency service Bonnie Campbell, Committee service, or translate written documents. providers should consider any Management Officer, Office of Research To accommodate the language needs of significant but temporary changes in a Review, Education and Policy, AHRQ, their LEP parents, the Center made jurisdiction’s demographics. 540 Gaither Road, Room 2038, arrangements with a Chinese and a [FR Doc. 03–18658 Filed 7–22–03; 8:45 am] Rockville, Maryland 20850, Telephone (301) 427–1554. Hispanic community organization for BILLING CODE 6820–34–P trained and competent volunteer Agenda items for this meeting are interpreters in the appropriate language, subject to change as priorities dictate. and with a telephone interpreter DEPARTMENT OF HEALTH AND Dated: July 14, 2003. language line, to interpret during parent HUMAN SERVICES Carolyn M. Clancy, meetings and to orally translate written Director. documents. There have been no client Agency for Healthcare Research and [FR Doc. 03–18718 Filed 7–22–03; 8:45 am] complaints of inordinate delays or other Quality BILLING CODE 4160–90–M service related problems with respect to LEP clients. The assistance that the Notice of Meeting of a Health Care childcare center is providing will Policy and Research Special Emphasis DEPARTMENT OF HEALTH AND probably be considered appropriate, Panel HUMAN SERVICES given the center’s resources, the size of In accordance with section 10(d) of staff, and the size of the LEP population. the Federal Advisory Committee Act (5 Centers for Disease Control and Thus, OCR would consider this strong U.S.C., Appendix 2), announcement is Prevention evidence of compliance. made of a Health Care Policy and Disease, Disability, and Injury (4) A county social service program Research Special Emphasis Panel (SEP) that administers the State’s welfare and Prevention and Control Special meeting. Emphasis Panel: Collection of health programs has a large budget. The Health Care Policy and Research Specimen Panels for Validation for Their service area encompasses an Special Emphasis Panel is a group of Incidence Assays, Contract eligible service population of 500,000. experts in fields related to health care Solicitation Number 2003–N–00872; Thirty-five hundred individuals in the research who are invited by the Agency Correction serviced population are LEP and speak for Healthcare Research and Quality a Chinese dialect; 4,000 individuals in (AHRQ), and agree to be available, to SUMMARY: This notice was published in the serviced population are LEP and conduct on an as needed basis, the Federal Register on July 8, 2003, speak Spanish; 2000 individuals in the scientific reviews of applications for Volume 68, Number 130, Page 40676. serviced population are LEP and speak AHRQ support. Individual members of The meeting date, time and location Vietnamese; and 400 individuals are the Panel do not attend regularly- have been revised. LEP and speak Vietnamese. The county scheduled meetings and do not serve for In accordance with section 10(a)(2) of has translated vital documents, i.e., fixed terms or long periods of time. the Federal Advisory Committee Act applications and program brochures, Rather, they are asked to participate in (Pub. L. 92–463), the Centers for Disease into Chinese, Spanish, and Vietnamese. particular review meetings which Control and Prevention (CDC) Therefore, with regard to translation of require their type of expertise. announces the following meeting: vital documents, OCR would consider Substantial segments of the upcoming Name: Disease, Disability, and Injury this strong evidence of compliance, SEP meeting listed below will be closed Prevention and Control Special consistent with the safe harbor to the public in accordance with the Emphasis Panel (SEP): Collection of provision in GSA’s guidance. Federal Advisory Committee Act, Specimen Panels for Validation for Additionally, the county should section 10(d) of 5 U.S.C., Appendix 2 Incidence Assays, Contract Solicitation adequately address and provide needed and 5 U.S.C. 552b(c)(6). Grant Number 2003–N–00872. interpretation services to their LEP applications for AHRQ Partnerships for Action: The meeting times and dates clients (i.e., hiring bilingual staff or Quality Competing Continuation (R18) have been revised as follows:

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Times and Dates: 12:30 p.m.–1 p.m., DEPARTMENT OF HEALTH AND electronic signatures, and handwritten July 25, 2003 (Open); 1 p.m.–3:30 p.m., HUMAN SERVICES signatures executed to electronic July 25, 2003 (Closed). records as equivalent to paper records. Food and Drug Administration Action: The meeting place has been Under these regulations, records and revised as follows: [Docket No. 2003N–0084] reports may be submitted to FDA electronically provided that the agency Place: Teleconference Number: 1– Agency Information Collection has stated its ability to accept the 888–677–1828 passcode 5772091 for the Activities; Submission for OMB records electronically in an agency- Open portion of the meeting and 1–888– Review; Comment Request; Electronic established public docket and that the 829–8669 for the Closed portion of the Records; Electronic Signatures other requirements of part 11 are met. meeting. The recordkeeping provisions in part AGENCY: Food and Drug Administration, 11 (§§ 11.10, 11.30, 11.50, and 11.300) Status: Portions of the meeting will be HHS. closed to the public in accordance with require standard operating procedures ACTION: Notice. provisions set forth in section 552b(c) to assure appropriate use of, and (4) and (6), Title 5 U.S.C., and the SUMMARY: The Food and Drug precautions for, systems using Determination of the Director, Administration (FDA) is announcing electronic records and signatures: (1) Management Analysis and Services that a proposed collection of § 11.10 specifies procedures and Office, CDC, pursuant to Pub. L. 92–463. information has been submitted to the controls for persons who use closed Office of Management and Budget systems to create, modify, maintain, or Matters to be Discussed: The meeting (OMB) for review and clearance under transmit electronic records; (2) § 11.30 will include the review, discussion, and the Paperwork Reduction Act of 1995. specifies procedures and controls for evaluation of applications received in DATES: Submit written comments on the persons who use open systems to create, response to Contract Solicitation collection of information by August 22, modify, maintain, or transmit electronic Number 2003–N–00872. 2003. records; (3) § 11.50 specifies procedures and controls for persons who use For Further Information Contact: ADDRESSES: OMB is still experiencing electronic signatures; and (4) § 11.300 Esther Sumartojo, Ph.D., Deputy significant delays in the regular mail, specifies controls to ensure the security Associate Director for Science, National including first class and express mail, and integrity of electronic signatures Center for HIV, STD, and TB Prevention, and messenger deliveries are not being based upon use of identification codes CDC, 1600 Clifton Road, NE, MS–E07, accepted. To ensure that comments on in combination with passwords. Atlanta, GA 30333, Telephone the information collection are received, 404.639.8006. OMB recommends that written The reporting provision (§ 11.100) requires persons to certify in writing to The Director, Management Analysis comments be faxed to the Office of Information and Regulatory Affairs, FDA that they will regard electronic and Services Office, has been delegated signatures used in their systems as the the authority to sign Federal Register OMB, Attn: Fumie Yokota, Desk Officer for FDA, FAX: 202–395–6974. legally binding equivalent of traditional notices pertaining to announcements of handwritten signatures. FOR FURTHER INFORMATION CONTACT: meetings and other committee The burden created by the management activities, for both CDC Karen L. Nelson, Office of Management Programs (HFA–250), Food and Drug information collection provision of this and the Agency for Toxic Substances regulation is a one-time burden and Disease Registry. Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–1482. associated with the creation of standard operating procedures, validation, and Dated: July 17, 2003. SUPPLEMENTARY INFORMATION: In Alvin Hall, compliance with 44 U.S.C. 3507, FDA certification. The agency anticipates the use of electronic media will Director, Management Analysis and Services has submitted the following proposed substantially reduce the paperwork Office, Centers for Disease Control and collection of information to OMB for Prevention (CDC). review and clearance. burden associated with maintaining FDA required records. [FR Doc. 03–18793 Filed 7–22–03; 8:45 am] Electronic Records; Electronic The respondents will be businesses BILLING CODE 4163–18–P Signatures—21 CFR Part 11 (OMB and other for-profit organizations, state Control No. 0910–0303)—Extension or local governments, Federal agencies, The FDA regulations in part 11 (21 and nonprofit institutions. CFR part 11) provide criteria for FDA estimates the burden of this acceptance of electronic records, collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours

11.100 4,500 1 4,500 1 4,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers of Recordkeeping Records Recordkeeper Total Hours

11.10 2,500 1 2,500 20 45,000

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TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers of Recordkeeping Records Recordkeeper Total Hours

11.30 2,500 1 2,500 20 45,000

11.50 4,500 1 4,500 20 90,000

11.300 4,500 1 4,500 20 90,000

Total 270,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

In the Federal Register of March 26, the information collection are received, and the agency can track the time to 2003 (68 FR 14663), FDA published a OMB recommends that written respond. After considering the comment 60-day notice requesting public comments be faxed to the Office of received on that guidance, FDA issued comment on the information collection Information and Regulatory Affairs, a revised guidance in October 2000. In provisions. Three comments were OMB, Attn: Fumie Yokota, Desk Officer the Federal Register of April 21, 2003 received. All three were submitted to for FDA, FAX: 202–395–6974. (68 FR 19545), FDA published a notice the docket in error. One was a comment FOR FURTHER INFORMATION CONTACT: requesting comment on this information meant for the part 11 scope and Karen L. Nelson, Office of Information collection. No comments were received application draft guidance. One was an Resources Management (HFA–250), pertaining to the information collection. opinion on medical device approvals. Food and Drug Administration, 5600 The revised guidance states that FDA The last comment was questions from Fishers Lane, Rockville, MD 20857, will respond in writing within 30- an individual related to electronic 301–827–1482. calendar days of receipt of a sponsor’s request to release a clinical hold and a records. SUPPLEMENTARY INFORMATION: In complete response to the issue(s) that Dated: July 17, 2003. compliance with 44 U.S.C. 3507, FDA led to the clinical hold. An applicant’s Jeffrey Shuren, has submitted the following proposed complete response to an IND clinical Assistant Commissioner for Policy. collection of information to OMB for hold is a response in which all clinical [FR Doc. 03–18690 Filed 7–22–03; 8:45 am] review and clearance. hold issues identified in the clinical BILLING CODE 4160–01–S Guidance for Industry—Submitting and hold letter have been addressed. Reviewing Complete Responses to The guidance requests that applicants Clinical Holds—OMB Control Number type ‘‘Clinical Hold Complete DEPARTMENT OF HEALTH AND 0910–0445—Extension Response’’ in large, bold letters at the HUMAN SERVICES top of the cover letter of the complete Section 117 of the Food and Drug response to expedite review of the Food and Drug Administration Administration Modernization Act response. The guidance also requests (Public Law 105–115), signed into law [Docket No. 2003N–0142] that applicants submit the complete by the President on November 21, 1997, response letter in triplicate to the IND, Agency Information Collection provides that a written request to FDA and that they fax a copy of the cover Activities; Submission for OMB from the applicant of an investigation letter to the FDA contact listed in the Review; Comment Request; Guidance that a clinical hold be removed shall clinical hold letter who is responsible for Industry on Submitting and receive a decision in writing, specifying for the IND. The guidance requests more Reviewing Complete Responses to the reasons for that decision, within 30 than an original and two copies of the Clinical Holds days after receipt of such request. A cover letter in order to ensure that the clinical hold is an order issued by FDA submission is received and handled in AGENCY: Food and Drug Administration, to the applicant to delay a proposed a timely manner. HHS. clinical investigation or to suspend an Based on data concerning the number ACTION: Notice. ongoing investigation for a drug or of complete responses to clinical holds biologic. An applicant may respond to received by the Center for Drug SUMMARY: The Food and Drug a clinical hold. Evaluation and Research (CDER) in Administration (FDA) is announcing Under section 505(i)(3)(C) of the fiscal year 2001 and 2002, CDER that the proposed collection of Federal Food, Drug, and Cosmetic Act, estimates that approximately 41 information listed below has been any written request to FDA from the responses are submitted annually from submitted to the Office of Management sponsor of an investigation that a approximately 29 applicants, and that it and Budget (OMB) for review and clinical hold be removed must receive a takes approximately 284 hours to clearance under the Paperwork decision, in writing and specifying the prepare and submit to CDER each Reduction Act of 1995. reasons, within 30 days after receipt of response. DATES: Fax written comments on the the request. The request must include Based on data concerning the number collection of information by August 22, sufficient information to support the of complete responses to clinical holds 2003. removal of the clinical hold. received by the Center for Biologics ADDRESSES: The Office of Management In the Federal Register of May 14, Evaluation and Research (CBER) in and Budget (OMB) is still experiencing 1998 (63 FR 26809), FDA published a fiscal year 2001 and 2002, CBER significant delays in the regular mail, notice of availability of a guidance that estimates that approximately 123 including first class and express mail, described how applicants should submit responses are submitted annually from and messenger deliveries are not being responses to clinical holds so that they approximately 78 applicants, and that it accepted. To ensure that comments on may be identified as complete responses takes approximately 284 hours to

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prepare and submit to CBER each response.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Complete Re- sponses to Clin- Number of Number of Responses Per Total Annual Responses Hours Per Total Hours ical Holds Respondents Respondent Response

CDER 29 approximately 1 41 284 11,644 CBER 78 1.58 123 284 34,932 Total 46,576 1There are no capital cost or operating and maintenance costs associated with this collection of information.

Dated: July 17, 2003. (HFA–305), 5630 Fishers Lane, rm. when appropriate, and other forms of Jeffrey Shuren, 1061, Rockville, MD 20852. All information technology. comments should be identified with the Assistant Commissioner for Policy. Food Labeling; Notification Procedures docket number found in brackets in the [FR Doc. 03–18691 Filed 7–22–03; 8:45 am] for Statements on Dietary heading of this document. BILLING CODE 4160–01–S Supplements—21 CFR Part 101.93 FOR FURTHER INFORMATION CONTACT: (OMB Control Number 0910–0331)— Peggy Robbins, Office of Management Extension DEPARTMENT OF HEALTH AND Programs (HFA–305), Food and Drug Section 403(r)(6) of the act (21 U.S.C. HUMAN SERVICES Administration, 5600 Fishers Lane, 343(r)(6)) requires that the agency be Rockville, MD 20857, 301–827–1223. Food and Drug Administration notified by manufacturers, packers, and SUPPLEMENTARY INFORMATION: Under the [Docket No. 2003N–0314] distributors of dietary supplements that PRA (44 U.S.C. 3501–3520), Federal they are marketing a dietary supplement Agency Information Collection agencies must obtain approval from the product that bears on its label or in its Activities; Proposed Collection; Office of Management and Budget labeling a statement provided for in Comment Request; Food Labeling; (OMB) for each collection of section 403(r)(6) of the act. Section Notification Procedures for Statements information they conduct or sponsor. 403(r)(6) of the act requires that the on Dietary Supplements ‘‘Collection of information’’ is defined agency be notified, with a submission in 44 U.S.C. 3502(3) and 5 CFR about such statements, no later than 30 AGENCY: Food and Drug Administration, 1320.3(c) and includes agency requests days after the first marketing of the HHS. or requirements that members of the dietary supplement. Information that is ACTION: Notice. public submit reports, keep records, or required in the submission includes: (1) provide information to a third party. The name and address of the SUMMARY: The Food and Drug Section 3506(c)(2)(A) of the PRA (44 manufacturer, packer, or distributor of Administration (FDA) is announcing an U.S.C. 3506(c)(2)(A)) requires Federal the dietary supplement product; (2) the opportunity for public comment on the agencies to provide a 60-day notice in text of the statement that is being made; proposed collection of certain the Federal Register concerning each (3) the name of the dietary ingredient or information by the agency. Under the proposed collection of information supplement that is the subject of the Paperwork Reduction Act of 1995 (the including each proposed extension of an statement; (4) the name of the dietary PRA), Federal agencies are required to existing collection of information, supplement (including the brand name); publish notice in the Federal Register before submitting the collection to OMB and (5) a signature of a responsible concerning each proposed collection of for approval. To comply with this individual who can certify the accuracy information including each proposed requirement, FDA is publishing notice of the information presented, who must extension of an existing collection of of the proposed collection of certify that the information contained in information, and to allow 60 days for information set forth in this document. the notice is complete and accurate, and public comment in response to the With respect to the following that the notifying firm has notice. This notice solicits comments on collection of information, FDA invites substantiation that the statement is the regulation requiring manufacturers, comments on: (1) Whether the proposed truthful and not misleading. packers, and distributors of dietary collection of information is necessary The agency established § 101.93 (21 supplements to notify FDA that they are for the proper performance of FDA’s CFR 101.93) as the procedural marketing a dietary supplement product functions, including whether the regulation for this program. Section that bears on its label or in its labeling information will have practical utility; 101.93 provides details of the a statement provided for in the Federal (2) the accuracy of FDA’s estimate of the procedures associated with the Food, Drug, and Cosmetic Act (the act). burden of the proposed collection of submission and identifies the DATES: Submit written or electronic information, including the validity of information that must be included in comments on the collection of the methodology and assumptions used; order to meet the requirements of information by September 22, 2003. (3) ways to enhance the quality, utility, section 403 of the act (21 U.S.C. 343). ADDRESSES: Submit electronic and clarity of the information to be Description of Respondents: comments on the collection of collected; and (4) ways to minimize the Businesses or other for-profit information to http://www.fda.gov/ burden of the collection of information organizations. ecomments. Submit written comments on respondents, including through the FDA estimates the burden of this to the Division of Dockets Management use of automated collection techniques, collection of information as follows:

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency Total Annual 21 CFR Section No. of Respondents per Response Responses Hours per Response Total Hours

101.93 2,500 1 2,500 .75 1,875 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The agency believes that there will be Administration, 5600 Fishers Lane, Safety and Risk Management Advisory minimal burden on the industry to Rockville, MD 20857, 301–827–7010. Committee would be held on September generate information to meet the SUPPLEMENTARY INFORMATION: In FR Doc. 18, 2003. On page 38714, in the first requirements of section 403 of the act in 03–17136, appearing on page 40676 in column, the Location portion of the submitting information regarding the Federal Register of Tuesday, July 8, meeting is amended to read as follows: section 403(r)(6) of the act statements on 2003, the following correction is made: Location: Holiday Inn, the Ballroom, labels or in labeling of dietary 1. On page 40677, in the first column, 8777 Georgia Ave., Silver Spring, MD. supplements. The agency is requesting under ADDRESSES, in the eighth line, This notice is given under the Federal only information that is immediately ‘‘electronically mailed to Advisory Committee Act (5 U.S.C. app. available to the manufacturer, packer, or [email protected] or faxed to the 2) and 21 CFR part 14, relating to distributor of the dietary supplement Office of Information and Regulatory advisory committees. that bears such a statement on its label Affairs, OMB, Attn: Stuart Shapiro’’ is Dated: July 17, 2003. or in its labeling. This estimate is based corrected to read ‘‘faxed to the Office of Peter J. Pitts, on the average number of notification Information and Regulatory Affairs, Associate Commissioner for External submissions received by the agency in OMB, Attn: Fumie Yokota’’. Relations. the preceding 12 months. Dated: July 17, 2003. [FR Doc. 03–18633 Filed 7–22–03; 8:45 am] Dated: July 17, 2003. Jeffrey Shuren, BILLING CODE 4160–01–S Jeffrey Shuren, Assistant Commissioner for Policy. Assistant Commissioner for Policy. [FR Doc. 03–18692 Filed 7–22–03; 8:45 am] [FR Doc. 03–18693 Filed 7–22–03; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND BILLING CODE 4160–01–S HUMAN SERVICES DEPARTMENT OF HEALTH AND Food and Drug Administration DEPARTMENT OF HEALTH AND HUMAN SERVICES Neurological Devices Panel of the HUMAN SERVICES Food and Drug Administration Medical Devices Advisory Committee; Food and Drug Administration Notice of Meeting Drug Safety and Risk Management [Docket No. 2003N–0069] Advisory Committee; Amendment of AGENCY: Food and Drug Administration, Notice HHS. Agency Emergency Processing Under ACTION: Notice. OMB Review; Submission of Validation AGENCY: Food and Drug Administration, Data for Reprocessed Single-Use HHS. This notice announces a forthcoming Devices; Correction ACTION: Notice. meeting of a public advisory committee of the Food and Drug Administration AGENCY: Food and Drug Administration, The Food and Drug Administration (FDA). At least one portion of the HHS. (FDA) is announcing an amendment to meeting will be closed to the public. ACTION: Notice; correction. the notice of meeting of the Drug Safety Name of the Committee: Neurological and Risk Management Advisory Devices Panel of the Medical Devices SUMMARY: The Food and Drug Committee. This meeting was Advisory Committee. Administration (FDA) is correcting a announced in the Federal Register of General Function of the Committee: notice that appeared in the Federal June 30, 2003 (68 FR 38713). The To provide advice and Register of July 8, 2003 (68 FR 40676). amendment is being made to reflect a recommendations to the agency on The notice announced that a proposed change in the Location portion of the FDA’s regulatory issues. collection of information had been document. There are no other changes. Date and Time: The meeting will be submitted to the Office of Management FOR FURTHER INFORMATION CONTACT: held on August 5, 2003, from 10 a.m. to and Budget (OMB) for emergency Kimberly Littleton Topper, Center for 5:30 p.m. processing under the Paperwork Drug Evaluation and Research (HFD– Location: Holiday Inn, Walker/ Reduction Act of 1995 (the PRA). The 21), Food and Drug Administration, Whetstone Ballroom, Two Montgomery proposed collection of information will 5600 Fishers Lane (for express delivery, Village Ave., Gaithersburg, MD. be used by FDA to determine whether 5630 Fishers Lane, rm. 1093), Rockville, Contact: Janet L. Scudiero, Center for reprocessed single-use devices are MD 20857, 301–827–7001, or FDA Devices and Radiological Health (HFZ– substantially equivalent to legally Advisory Committee Information Line, 410), Food and Drug Administration, marketed predicate devices. The 1–800-741–8138 (301–443–0572 in the 9200 Corporate Blvd., Rockville, MD document was inadvertently published Washington, DC area), code 12535. 20850, 301–594–1184, ext. 176, or FDA with an error. This document corrects Please call the Information Line for up- Advisory Committee Information Line, that error. to-date information on this meeting. 1–800–741–8138 (301–443–0572 in the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: In the Washington, DC area), code 12513. Joyce Strong, Office of Policy and Federal Register of June 30, 2003, FDA Please call the Information Line for up- Planning (HF–27), Food and Drug announced that a meeting of the Drug to-date information on this meeting.

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Agenda: The committee will discuss, DEPARTMENT OF HEALTH AND FDA welcomes the attendance of the make recommendations, and vote on a HUMAN SERVICES public at its advisory committee premarket approval application for a meetings and will make every effort to neurological embolization device. Food and Drug Administration accommodate persons with physical Background information for the topic, disabilities or special needs. If you Pulmonary-Allergy Drugs Advisory require special accommodations due to including the agenda and questions for Committee; Notice of Meeting the committee, will be available to the a disability, please contact Kimberly public 1 business day before the AGENCY: Food and Drug Administration, Littleton Topper at least 7 days in meeting on the Internet at http:// HHS. advance of the meeting. www.fda.gov/cdrh/panel/index.html. ACTION: Notice. Notice of this meeting is given under Material will be posted on August 4, the Federal Advisory Committee Act (5 This notice announces a forthcoming U.S.C. app. 2). 2003. meeting of a public advisory committee Dated: July 17, 2003. Procedure: On August 5, 2003, from of the Food and Drug Administration Peter J. Pitts, 10:30 a.m. to 5:30 p.m., the meeting is (FDA). The meeting will be open to the open to the public. Interested persons public. Associate Commissioner for External may present data, information, or views, Name of Committee: Pulmonary- Relations. orally or in writing, on issues pending Allergy Drugs Advisory Committee. [FR Doc. 03–18636 Filed 7–22–03; 8:45 am] before the committee. Written General Function of the Committee: BILLING CODE 4160–01–S submissions may be made to the contact To provide advice and person by August 1, 2003. Oral recommendations to the agency on FDA’s regulatory issues. DEPARTMENT OF HEALTH AND presentations from the public will be HUMAN SERVICES scheduled between approximately 10:45 Date and Time: The meeting will be held on September 5, 2003, from 8 a.m. a.m. and 11:15 a.m. and 3:30 p.m. and Food and Drug Administration to 5:30 p.m. 4 p.m. Time allotted for each Location: Holiday Inn, The Ballrooms, [Docket No. 2003D–0263] presentation may be limited. Those Two Montgomery Village Ave., desiring to make formal oral Gaithersburg, MD. Draft Guidance for Industry: Channels presentations should notify the contact Contact Person: Kimberly Littleton of Trade Policy for Commodities With person before August 1, 2003, and Topper, Center for Drug Evaluation and Residues of Pesticide Chemicals, for submit a brief statement of the general Research (HFD–21), Food and Drug Which Tolerances Have Been Revoked, nature of the evidence or arguments Administration, 5600 Fishers Lane (for Suspended, or Modified by the they wish to present, the names and express delivery, 5630 Fishers Lane, rm. Environmental Protection Agency; addresses of proposed participants, and 1093), Rockville, MD 20857, 301–827– Availability an indication of the approximate time 7001, or FDA Advisory Committee AGENCY: requested to make their presentation. Information Line, 1–800–741–8138 Food and Drug Administration, HHS. Closed Committee Deliberations: On (301–443–0572 in the Washington, DC ACTION: Notice. August 5, 2003, from 10 a.m. to 10:30 area), code 12545. Please call the Information Line for up-to-date a.m., the meeting will be closed to the SUMMARY: The Food and Drug public to permit discussion of trade information on this meeting. Administration (FDA) is announcing the Agenda: The committee will discuss secret and/or confidential information availability of a level 1 draft guidance new drug application (NDA) 21–573, regarding neurological device issues (5 entitled ‘‘Guidance for Industry: Ariflo (cilomilast) Tablets, 15 U.S.C. 552b(c)(4)). Channels of Trade Policy for milligrams, by GlaxoSmithKline, for use Commodities With Residues of Pesticide Persons attending FDA’s advisory in chronic obstructive pulmonary Chemicals, for Which Tolerances Have committee meetings are advised that the disease (COPD). agency is not responsible for providing Procedure: Interested persons may Been Revoked, Suspended, or Modified access to electrical outlets. present data, information, or views, by the Environmental Protection Agency’’ (the draft guidance). This draft FDA welcomes the attendance of the orally or in writing, on issues pending before the committee. Written guidance presents FDA’s general policy public at its advisory committee for implementing the channels of trade meetings and will make every effort to submissions may be made to the contact person by September 2, 2003. Oral provision in the Federal Food, Drug, accommodate persons with physical and Cosmetic Act (the act), as amended disabilities or special needs. If you presentations from the public will be scheduled between approximately 1 by the Food Quality Protection Act require special accommodations due to p.m. and 2 p.m. Time allotted for each (FQPA) of 1996. a disability, please contact Shirley presentation may be limited. Those DATES: Submit written or electronic Meeks, Conference Management Staff, at desiring to make formal oral comments by September 22, 2003 to 301–594–1283, ext. 105, at least 7 days presentations should notify the contact ensure adequate consideration in the in advance of the meeting. person before September 2, 2003, and preparation of the guidance document. Notice of this meeting is given under submit a brief statement of the general Comments on this draft guidance may the Federal Advisory Committee Act (5 nature of the evidence or arguments be submitted at any time. Submit U.S.C. app. 2). they wish to present, the names and comments on the collection of information by September 22, 2003. Dated: July 17, 2003. addresses of proposed participants, and an indication of the approximate time ADDRESSES: Submit written requests for Peter J. Pitts, requested to make their presentation. single copies of the draft guidance Associate Commissioner for External Persons attending FDA’s advisory entitled ‘‘Guidance for Industry: Relations. committee meetings are advised that the Channels of Trade Policy for [FR Doc. 03–18635 Filed 7–22–03; 8:45 am] agency is not responsible for providing Commodities With Residues of Pesticide BILLING CODE 4160–01–S access to electrical outlets. Chemicals, for Which Tolerances Have

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Been Revoked, Suspended, or Modified later than 180 days after the date such EPA action the act to revoke, suspend, by the Environmental Protection cancellation becomes effective or 180 or modify their tolerances, will remain Agency’’ to Michael E. Kashtock, Center days after the date on which the use of in the channels of trade after the for Food Safety and Applied Nutrition the canceled pesticide becomes applicable tolerance is revoked, (CFSAN) (see FOR FURTHER INFORMATION unlawful under the terms of the suspended, or modified. If FDA CONTACT). Include a self-addressed cancellation, whichever is later. encounters food bearing a residue of a adhesive label to assist that office in When EPA takes such actions, food pesticide chemical for which the processing your request. derived from a commodity that was tolerance has been revoked, suspended, Submit written comments concerning lawfully treated with the pesticide may or modified, it intends to address the the draft guidance and the information not have cleared the channels of trade situation in accordance with this draft collection provisions to the Division of by the time the revocation or new guidance. FDA has developed this draft Dockets Management (HFA–305), Food tolerance level takes effect. The food guidance to set forth its policy for how and Drug Administration, 5630 Fishers could be found by FDA, the agency that the agency plans to approach its Lane., rm. 1061, Rockville, MD 20852. is responsible for monitoring pesticide enforcement of the channels of trade Submit electronic comments to http:// residue levels and enforcing the provision in the act with respect to www.fda.gov/dockets/ecomments. See pesticide tolerances in most foods (the pesticide chemicals that are subject to the SUPPLEMENTARY INFORMATION section U.S. Department of Agriculture (USDA) future EPA action to revoke, suspend, or for electronic access to the draft has responsibility for monitoring modify their tolerances. guidance. residue levels and enforcing pesticide FDA is announcing the availability of this level 1 draft guidance. The draft FOR FURTHER INFORMATION CONTACT: tolerances in egg products and most guidance when finalized, will represent Michael E. Kashtock, Center for Food meat and poultry products), to contain FDA’s current thinking on its planned Safety and Applied Nutrition (CFSAN) a residue of that pesticide that does not enforcement approach to the channels (HFS–305), Food and Drug comply with the revoked or lowered tolerance. FDA would normally deem of trade provision of the act and how Administration, 5100 Paint Branch such provision relates to FDA regulated Pkwy., College Park, MD 20740–3835, such food to be in violation of the law by virtue of it bearing an illegal products with residues of pesticide 301–436–2022, FAX: 301–436–2651, e- chemicals for which tolerances have mail: [email protected]. pesticide residue. The food would be subject to FDA enforcement action as an been revoked, suspended, or modified. SUPPLEMENTARY INFORMATION: ‘‘adulterated’’ food. However, the It does not create or confer any rights for I. Background channels of trade provision of the act or on any person and does not operate to bind FDA or the public. You can use On August 3, 1996, the FQPA was addresses the circumstances under which a food is not unsafe solely due to an alternative approach if the approach signed into law. This law, which satisfies the requirements of the amends the Federal Insecticide, the presence of a residue from a pesticide chemical for which the applicable statutes and regulations. If Fungicide, and Rodenticide Act (FIFRA) you want to discuss an alternative and the act, established a new safety tolerance has been revoked, suspended, or modified by EPA. The channels of approach, contact the FDA staff standard for pesticide residues in food, responsible for implementing the with an emphasis on protecting the trade provision (section 408(l)(5) of the act) states the following: guidance. If you cannot identify the health of infants and children. The appropriate FDA staff, call the Environmental Protection Agency (EPA) PESTICIDE RESIDUES RESULTING FROM LAWFUL APPLICATION OF A telephone number listed on the title is responsible for regulating the use of PESTICIDE.—Notwithstanding any other page of the guidance. The draft guidance pesticides (under the Federal provision of this Act, if a tolerance or is being distributed for comment Insecticide, Fungicide, and Rodenticide exemption for a pesticide chemical residue in purposes, in accordance with the FDA’s Act (FIFRA)) and for establishing or on a food has been revoked, suspended, good guidance practices regulation in 21 tolerances or exemptions from the or modified under this section, an article of CFR 10.115(g). requirement for tolerances for residues that food shall not be deemed unsafe solely of pesticide chemicals in food because of the presence of such pesticide II. Paperwork Reduction Act of 1995 chemical residue in or on such food if it is commodities (under the act). EPA, in shown to the satisfaction of the Secretary Under the Paperwork Reduction Act accordance with the FQPA, is in the that- of 1995 (the PRA) (44 U.S.C. 3501– process of reassessing the pesticide (A) the residue is present as the result of 3520), Federal agencies must obtain tolerances and exemptions which were an application or use of a pesticide at a approval from the Office of Management in effect when the FQPA was signed time and in a manner that was lawful and Budget (OMB) for each collection of into law. When EPA determines that a under the Federal Insecticide, Fungicide, information they conduct or sponsor. pesticide’s tolerance level does not meet and Rodenticide Act; and ‘‘Collection of information’’ is defined the safety standard under section 408 of (B) the residue does not exceed a level that was authorized at the time of that in 44 U.S.C. 3502(3) and 5 CFR the act (21 U.S.C. 346a), the registration application or use to be present on the 1320.3(c) and includes agency requests for the pesticide may be canceled under food under a tolerance, exemption, food or requirements that members of the FIFRA for all or certain uses. In additive regulation, or other sanction public submit reports, keep records, or addition, the tolerances for that then in effect under this Act; provide information to a third party. pesticide may be lowered or revoked for unless, in the case of any tolerance or Section 3506(c)(2)(A) of the PRA (44 the corresponding food commodities. exemption revoked, suspended, or modified U.S.C. 3506(c)(2)(A)) requires Federal Under section 408(l)(2) of the act, when under this subsection or subsection (d) or (e), agencies to provide a 60-day notice in the Administrator has issued a determination the registration for a pesticide is that consumption of the legally treated food the Federal Register concerning each canceled or modified due in whole or in during the period of its likely availability in proposed collection of information part to dietary risks to humans posed by commerce will pose an unreasonable dietary before submitting the collection to OMB residues of that pesticide chemical on risk. for approval. To comply with this food, the effective date for the FDA anticipates that food bearing requirement, FDA is publishing notice revocation of such tolerance (or lawfully applied residues of pesticide of the proposed collection of exemption in some cases) must be no chemicals that are the subject of future information set in this document.

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With respect to the following was mandated to carry out under the inflexible set of documents where collection of information, FDA invites FQPA, EPA is expected to revoke, anything less or different would likely comments on: (1) Whether the proposed suspend, or modify tolerances for the be considered unacceptable. Rather, the collection of information is necessary pesticide chemicals on various food agency is leaving it to each firm’s for the proper performance of FDA’s commodities. Section 408(l)(5) of the act discretion to maintain appropriate functions, including whether the includes a provision, referred to as the documentation to demonstrate that the information will have practical utility; ‘‘channels of trade provision,’’ that food was so handled during the (2) the accuracy of FDA’s estimate of the addresses the circumstances under acceptable timeframes. burden of the proposed collection of which a food will not be deemed unsafe Examples of documentation which information, including the validity of solely due to the presence of a residue FDA anticipates will serve this purpose the methodology and assumptions used; from a pesticide chemical whose consist of documentation associated (3) ways to enhance the quality, utility, tolerance has been revoked, suspended, with packing codes, batch records, and and clarity of the information to be or modified by EPA. inventory records. These are types of collected; and (4) ways to minimize the In general, FDA anticipates that the documents that many food processors burden of the collection of information party responsible for food found to routinely generate as part of their basic on respondents, including through the contain the previously mentioned food-production operations. use of automated collection techniques pesticide chemical residues (within the when appropriate, and other forms of former tolerance) after the tolerance for Description of Respondents: The information technology. the pesticide chemical has been likely respondents to this collection of revoked, suspended, or modified will be information are firms in the produce Title: Channels of Trade Policy for able to demonstrate that such food was and food-processing industries that Commodities With Residues of handled, e.g., packed or processed, handle food products that may contain Pesticide Chemicals for Which during the acceptable timeframes cited residues of pesticide chemicals after the Tolerances Have Been Revoked, in the draft guidance by providing tolerances for the pesticide chemicals Suspended, or Modified by the appropriate documentation to the have been revoked, suspended, or Environmental Protection Agency agency as discussed in the draft modified. Description: Under the pesticide guidance document. FDA is not FDA estimates the burden of this tolerance reassessment process that EPA suggesting that firms maintain an collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Responses per No. of Respondents Respondent Total Annual Responses Hours per Response Total Hours

652 1 652 3 1,956 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA does not know which pesticide and imported products. Using 1999 expects this number to be an chemicals will have their tolerances pesticide monitoring data, domestic overestimate of the number of affected revoked, suspended, or modified in the products were tested for residues of 417 businesses for two reasons. One, the future. Instead of calculating the pesticide chemicals. On average, 1.02 positive residue test may be below the paperwork burden for any one pesticide, percent of samples tested positive for a new tolerance. Second, tolerances may FDA calculated the cost for an given pesticide chemical. For 450 not be altered for all products. If the ‘‘average’’ pesticide by looking at test pesticides tested for residues on tolerance was altered for only vegetables results for 417 pesticide chemicals on imported products, on average 2.40 but not fruit, then the number of domestic products and 450 pesticide percent of samples contained a given affected establishments would be pesticide chemical residue. This rate of chemicals on imported products. FDA smaller. We assume two pesticide positive findings for product samples then used the average percent of tolerances are altered per year, resulting samples found with residues as a was applied to the number of in 652 businesses reporting per year. To substitute for the rate of residues found potentially affected establishments, date, tolerances have been revoked for from a specific pesticide chemical. 3,730 importers and 23,201 domestic The estimated annual reporting businesses, giving an expected number two pesticide chemicals. However, FDA burden was determined using the of 326 potentially-affected businesses expects the total number of pesticide average percent of samples found with per revocation, suspension, or tolerances that are revoked, suspended, residues for all pesticides for domestic modification of a tolerance. FDA or modified by EPA to increase.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

Annual Frequency No. of Recordkeepers per Total Annual Hours per Total Hours Capital Costs Recordkeeping Records Recordkeeper

65 1 65 16 1,040 $32,571 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

In determining the estimated annual that at least 90 percent of firms maintain batch records, and inventory records, as recordkeeping burden, FDA estimated documentation, such as packing codes, part of their basic food production or

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import operations. Therefore, the ‘‘Guidance for Industry and FDA Staff; 20472; by telephone at (202) 646–3316 recordkeeping burden was calculated as Medical Device User Fee and or by facsimile at (202) 646–4596 (not the time required for the 10 percent of Modernization Act of 2002, Validation toll-free calls), by e-mail at firms that may not currently be Data in Premarket Notification [email protected]. maintaining this documentation to Submissions [510(k)s] for Reprocessed SUPPLEMENTARY INFORMATION: develop and maintain documentation, Single-Use Medical Devices; Throughout this Notice, we use ‘‘we,’’ such as batch records and inventory Availability.’’ The document published ‘‘our,’’ and ‘‘us’’ to refer to FEMA. records. For firms that do not maintain with the incorrect docket number. This This Notice contains an updated fee documentation, such as batch records document corrects that error. schedule to include two new products and inventory records, as part of their FOR FURTHER INFORMATION CONTACT: available through the MSC. normal manufacturing operations, it was Joyce A. Strong, Office of Policy and Effective Date. The updated fee estimated that with $500 or less, the Planning (HF–27), Food and Drug schedule is effective for all written necessary software and hardcopy filing Administration, 5600 Fishers Lane, requests, on-line internet requests made systems could be obtained to implement Rockville, MD 20857, 301–827–7010. through the FEMA Flood Map Store, a system. SUPPLEMENTARY INFORMATION: In FR Doc. and all telephone requests received on III. Comments 03–17135, appearing on page 40679 in or after August 1, 2003. the Federal Register of July 8, 2003, the Evaluations Performed. To develop Interested persons may submit to the the revised fee schedule for the new Division of Dockets Management (see following correction is made: 1. On page 40679, in the first column, products, we first evaluated the actual ADDRESSES) written or electronic in the heading of the document, costs incurred at the MSC for producing, comments regarding this draft guidance. ‘‘[Docket No. 2003D–0232]’’ is corrected retrieving, and distributing these Submit a single copy of electronic to read ‘‘[Docket No. 2003D–0282]’’. products. We then analyzed historical comments or two paper copies of any sales, cost data, and product unit costs mailed comments, except that Dated: July 17, 2003. for unusual trends or anomalies; individuals may submit one paper copy. Jeffrey Shuren, analyzed the effect of program changes, Comments are to be identified with the Assistant Commissioner for Policy. new products, technology investments, docket number found in brackets in the [FR Doc. 03–18689 Filed 7–22–03; 8:45 am] and other factors on future sales and heading of this document. The draft BILLING CODE 4160–01–S product costs. The products covered by guidance and received comments may this Notice are discussed below. be seen in the Division of Dockets Periodic Evaluation of Fees. As Management between 9 a.m. and 4 p.m., DEPARTMENT OF HOMELAND indicated in the Notice, published at 67 Monday through Friday. SECURITY FR 13764, March 26, 2002, a primary IV. Electronic Access component of the fees is the prevailing Federal Emergency Management private sector rates charged to FEMA for An electronic version of this draft Agency labor and materials. Because these rates guidance is available on the Internet at and the actual production, retrieval, and http://www.cfsan.fda.gov/ New Products and Updated Fee distribution costs may vary from year to guidance.html. Schedule for National Flood Insurance year, we will evaluate the fees Dated: July 14, 2003. Program Map and Insurance Products periodically and publish a revised fee Jeffrey Shuren, AGENCY: Federal Emergency schedule, when appropriate, as a notice Assistant Commissioner for Policy. Management Agency (FEMA), in the Federal Register. [FR Doc. 03–18634 Filed 7–22–03; 8:45 am] Emergency Preparedness and Response Fee Schedule for Requests for Map and BILLING CODE 4160–01–S Directorate, Department of Homeland Insurance Products Security. The MSC distributes a variety of NFIP ACTION: Notice. DEPARTMENT OF HEALTH AND map and insurance products to a broad HUMAN SERVICES SUMMARY: This Notice contains several range of our customers, including new products and the updated fee Federal, State, and local government Food and Drug Administration schedule for processing requests for the officials; real estate professionals; insurance providers; appraisers; [Docket No. 2003D–0282] National Flood Insurance Program (NFIP) map and insurance products builders; land developers; design Guidance for Industry and FDA Staff; available through the FEMA Map engineers; surveyors; lenders; Medical Device User Fee and Service Center (MSC). The changes in homeowners; and other private citizens. Modernization Act of 2002, Validation the fee schedule include two new Specifically, the MSC distributes the following products: Data in Premarket Notification products and will allow FEMA to • Submissions [510(k)s] for reduce further the expenses to the NFIP Paper (printed) copies of Flood Reprocessed Single-Use Medical by recovering more fully the costs Hazard Boundary Maps (FHBMs); • Paper (printed) copies of Flood Devices; Availability; Correction associated with producing, retrieving, Insurance Rate Maps (FIRMs); and distributing particular NFIP map AGENCY: Food and Drug Administration, • Paper (printed) copies of Digital and insurance products. HHS. Flood Insurance Rate Maps (DFIRMs); DATES: The updated fee schedule is • ACTION: Notice; correction. Paper (printed) copies of Flood effective for all requests dated, August Insurance Study (FIS) reports, including SUMMARY: The Food and Drug 1, 2003, or later. the narrative, tables, Flood Profiles, Administration (FDA) is correcting a FOR FURTHER INFORMATION CONTACT: photographs, and other graphics; notice that appeared in the Federal Kathy L. Miller, Acting Chief, • Paper (printed) copies of Flood Register of July 8, 2003 (68 FR 40679). Information Exchange and Program Boundary and Floodway Maps (FBFMs), The document announced the Evaluation Branch, Mitigation Division, when they are included as an exhibit in availability of a guidance entitled 500 C Street, SW., Washington, DC the FIS;

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• Digital Q3 Flood Data files, which • Maps on the Web—raster images of including the Cooperating Technical FEMA developed by scanning the the FIRMs and Floodways in TIFF Partners initiative, new Project Scoping published FIRM and vectorizing a format; procedures, and DFIRM specifications. thematic overlay of flood risks; • FIS on the Web—raster images of The MSC is now adding two new • Digital Q3 Flood Data files for FIS in PDF format; products, which are denoted by an Coastal Barrier Resource Areas (CBRA • Maps on CDs—includes only the asterisk in the table. The following is a Q3 Flood Data files); raster images of the maps and can be description of the MSC’s new products: • Community Status Book, which is a purchased by panel or in community, • Community or County Databases— report generated by FEMA’s Community county, or State kits; a digital version of the maps that is Information System database that • F–MIT Light on the Web—a free designated for use with Geographic provides pertinent map status downloadable flood map image view Information Systems (GIS) software to information for all identified tool, to be used in conjunction with allow users to access, view, and analyze communities; viewing TIFF images, that supports mapping information using specialized • Flood Map Status Information panning, zooming, and creating a data; and Service (FMSIS), through which FEMA ‘‘firmette’’. A firmette is a user-defined • FMIT Pro on CD—a view and provides status information for effective ‘‘cut-out’’ section of the map at 100% address look up tool designed for use NFIP maps; map scale designed for printing on a with the community or county • Letter of Map Change (LOMC) standard office printer; databases. Subscription Service, through which • F–MIT Light on CD—same as F– For more information on the map and FEMA makes certain types of LOMCs MIT Light on the Web, designed for use insurance products available from the available biweekly on CD–ROM; with the Flood Map CD without a MSC, we invite interested parties to • NFIP Insurance Manual (Full Database; and visit our MSC Web site at http:// Manual), which provides vital NFIP • FEMA’s Guidelines and www.msc.fema.gov/. information for insurance agents Specifications for Flood Hazard There are no changes in the nationwide; Mapping Partners on CD: This processing fees or shipping costs for any • NFIP Insurance Manual (Producer’s document combines previous FEMA of the other products that the MSC Edition), which is used for reference publications, guidance documents, and distributes. Federal, State, and local and training purposes; memorandums regarding Flood Hazard governments continue to be exempt • Community Map Action List Mapping. The Guidelines reflect recent from paying fees for the map products. (CMAL), which is a bimonthly list of changes to processes and products The fee schedules for the current and communities and their NFIP status associated with the implementation of new products are shown in the table codes; the Map Modernization Program, below.

Description of product of service Fee Shipping charge

Paper Products: FHBM, FIRM, DFIRM, or FBFM (floodway) $2.00 per map panel ...... $0.37 per panel for the first 10 panels plus panels. $0.03 for each additional panel. FIS (not including FBFM panels that are $5.00 per FIS volume plus $2.00 per floodway $4.00 for the first study volume plus $0.40 for included as exhibit). map. each additional study. Hurry Charge-Added to regular charge ...... $33.00 ...... N/A. Internet Products (products downloadable from the web): FHBM, FIRM, DFIRM, or FBFM (floodway) $1.50 per map panel ...... None. panels. FIS ...... $4.00 per study plus $1.50 per floodway map None. F–MIT Light (view tool for map images) on Free ...... Not Applicable. the web. * F–Mit Pro (Viewtool & address look-up) .. $30.00 ...... Not Applicable. FIRMette (A user defined portion of the Free Viewing and downloading ...... Not Applicable. FIRM printable on a desktop printer). CD Products: FHBM, FIRM, DFIRM, or FBFM (floodway) $1.50 per map panel ...... $3.65 for the first 4 CD–ROMs plus $0.10 for panels. each additional CD–ROM. * Community or County Database ...... $10.00 per database ...... $3.65 for the first 4 CD–ROMs plus $0.10 for each additional CD–ROM. FIS ...... $4.00 per FIS volume plus $1.50 per floodway $3.65 for the first 4 CD–ROMs plus $0.10 for map. each additional CD–ROM. * F–MIT Light (view tool for map images) .. Free ...... $3.65. * F–MIT Pro (view tool & address look- up) $30.00 ...... $3.65. Other Products: Q3 Flood Data Files ...... $50.00 per CD–ROM ...... $3.65 for the first 4 CD–ROMs, plus $0.10 for each additional CD–ROM in the same order. CBRA Q3 Flood Data Files ...... $50.00 per CD–ROM or $200.00 for all 5 Q3 $3.65 for the first 4 CD–ROMs, plus $0.10 for CDs. each additional CD–ROM in the same order. Community Status Book (Individual Or- $2.50 per State $20.50 for entire U.S ...... $1.00 per State $4.26 for entire U.S. ders). Community Status Book (Annual Subscrip- $50.00 per State $250.00 for entire U.S ...... Not applicable. tion).

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Description of product of service Fee Shipping charge

FMSIS (Individual Orders) ...... $13.00 per State $38.00 for entire U.S ...... 3.65 for the first 4 CD–ROMs, plus $0.10 for each additional CD–ROM in the same order. FMSIS (Annual Subscription) ...... $148.00 per State $419.00 for entire U.S ...... Not applicable. LOMC Subscription Service (Individual Or- $85.00 per issue ...... $3.65 for the first 4 CD–ROMs, plus $0.10 for ders). each additional CD–ROM in the same order. LOMC Subscription Service (Annual Sub- $2,000.00 ...... Not applicable. scription). NFIP Insurance Manual (Full Manual) ...... $25.00 per subscription for complete manual Not applicable. NFIP Insurance Manual (Producer’s Edi- $15.00 per subscription ...... Not applicable. tion). FEMA’s Guidelines and Specifications for $2.60 ...... $3.65. Flood Hazard Mapping Partners on CD– ROM.

Payment Submission Requirements ADDRESSES: Mail or hand carry acts necessary or appropriate to further Fee payments for non-exempt comments to the Department of the the purposes of the TPIA Program.’’ The Take Pride In America (TPIA) requests must be made to us in advance Interior, Office of the Secretary, Take Program was re-launched on April 16, of services being rendered. These Pride In America Program, MS–3459, 2003. The Program will collect payments shall be made in the form of 1849 C Street, NW., Washington, DC information provided voluntarily by a check, a money order, or by a credit 20240. If you wish to e-mail comments, individuals or organizations about their card payment. Checks and money orders the address is: [email protected]. events and activities to further the must be made payable, in U.S. funds, to Reference ‘‘Information Collection purposes of the Act in order to select the National Flood Insurance Program. 1093–0004’’ in your e-mail subject line finalists and winners of the annual Take We will deposit all fees collected to and mark your message for return Pride In America National Awards. The the National Flood Insurance Fund, receipt. Include your name and return TPIA National Awards recognize the which is the source of funding for address in your message. valuable and significant contributions providing these services. FOR FURTHER INFORMATION CONTACT: Marti Allbright, Take Pride In America, that individuals and organizations make Anthony S. Lowe, 202–208–5848. You may also contact in support of stewardship of America’s Mitigation Division Director, Emergency Marti Allbright to obtain a copy, at no lands. Their tireless and creative efforts Preparedness and Response Directorate. cost, of the Take Pride In America play a vital role in protecting, [FR Doc. 03–18652 Filed 7–22–03; 8:45 am] Program Act that necessitates this conserving, and enhancing America’s wealth of natural, historical, and BILLING CODE 6718–04–P collection of information. cultural resources. These awards SUPPLEMENTARY INFORMATION: recognize the efforts of individuals and Title: Take Pride In America National DEPARTMENT OF THE INTERIOR organizations in both the public and Awards Application/Nomination private sectors for outstanding Process. Office of the Secretary stewardship involving Federal, State, OMB Control Number: 1093–0004. local, Tribal, and private lands. Agency Information Collection Abstract: Under the Take Pride In We will use the information collected Activities: OMB Emergency Approval America Program Act (Act), 16 U.S.C. primarily to select finalists and winners and Proposed Renewal; Comment Sec. 4601–4608, the Secretary is to: (1) of the TPIA National Awards. Request ‘‘conduct a national awards program to Information also will be used to assure honor those individuals and entities the integrity of the Program (so that, for AGENCY: Office of the Secretary (OS), which, in the opinion of the Secretary example, an individual or organization Interior. of the Interior * * * have distinguished does not receive an award twice for the ACTION: Notice of an OMB emergency themselves in activities’’ under the same project), for reporting on the approval and of extension of an purposes of the Act; and also to (2) accomplishments of the Program, for the information collection (1093–0004). ‘‘establish and maintain a public public awareness campaign (such as awareness campaign in cooperation press releases and website information SUMMARY: To comply with the with public and private organizations on winning projects); and to further the Paperwork Reduction Act of 1995 and individuals—(A) to instill in the purposes of the Act (such as fostering (PRA), we are inviting comments on a public the importance of the appropriate partnerships and coordination of collection of information that the Office use of, and appreciation for Federal, projects). of Management and Budget (OMB) State, and local lands, facilities, and OMB approved TPIA’s application approved on an emergency basis on natural and cultural resources; (B) to instructions and form on June 24, 2003, June 24, 2003, and that we will submit encourage an attitude of stewardship on an emergency basis, with an to OMB for review and approval as a and responsibility toward these lands, expiration date of December 31, 2003. continuing information collection. The facilities, and resources; and (C) to The approved application instructions information collection request (ICR) promote participation by individuals, and form can be reviewed through the concerns the paperwork requirements to organizations, and communities of a Internet, on http://www.TakePride.gov. carry out the Take Pride In America conservation ethic in caring for these We will process any information in Program Act, 16 U.S.C. 4601–4608. lands, facilities, and resources.’’ The Act accordance with the Freedom of DATES: Submit written comments by states that ‘‘[t]he Secretary is authorized Information Act (5 U.S.C. 552) and its September 22, 2003. * * * generally to do any and all lawful implementing regulations at the

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Department (43 CFR part 2). No items of acquisition, expected useful life of Exxon Valdez Oil Spill Public Advisory a sensitive nature are collected. capital equipment, discount rate(s), and Committee. Responses are voluntary. the period over which you incur costs. DATES: August 14, 2003, at 8:30 a.m. Frequency: Primarily Annually. Capital and startup costs include, ADDRESSES: Exxon Valdez Oil Spill Estimated Number and Description of among other items, computers and Trustee Council Office, 441 West 5th Respondents: Approximately 500 software you purchase to prepare for Avenue, Suite 500, Anchorage, Alaska. voluntary responses from the public, collecting information, monitoring, and FOR FURTHER INFORMATION CONTACT: another 500 from Federal employees. record storage facilities. You should not Douglas Mutter, Department of the Estimated Reporting and include estimates for equipment or Interior, Office of Environmental Policy Recordkeeping ‘‘Hour’’ Burden: The services purchased: (i) Before October 1, and Compliance, 1689 ‘‘C’’ Street, Suite currently approved annual reporting 1995; (ii) to comply with requirements 119, Anchorage, Alaska, 99501, (907) burden for this collection is 250 hours not associated with the information 271–5011. for the first year for an estimated 250 collection; (iii) for reasons other than to respondents. For this ICR, that burden provide information or keep records for SUPPLEMENTARY INFORMATION: The will increase to 500 hours with the the Government; or, (iv) as part of Public Advisory Committee was created estimated increase in respondents. In customary and usual business or private by Paragraph V.A.4 of the Memorandum calculating the burden, we assumed that practices. of Agreement and Consent Decree respondents perform certain entered into by the United States of We will summarize written responses requirements in the normal course of America and the State of Alaska on to this notice and address them in our their activities. We consider these to be August 27, 1991, and approved by the submission for OMB approval. As a usual and customary and took that into United States District Court for the result of your comments, we will make account in estimating the burden. District of Alaska in settlement of any necessary adjustments to the burden Estimated Reporting and United States of America v. State of in our submission to OMB. Recordkeeping ‘‘Non-Hour Cost’’ Alaska, Civil Action No. A91–081 CV. Burden: We have identified no cost Public Comment Policy: Our practice The meeting agenda will feature burdens for this collection. is to make comments, including names discussions about the Fiscal Year 2004 Public Disclosure Statement: The PRA and home addresses of respondents, annual work plan. (44 U.S.C. 3501, et seq.) provides that an available for public review during agency may not conduct or sponsor a regular business hours. Individual Willie R. Taylor, collection of information unless it respondents may request that we Director, Office of Environmental Policy and displays a currently valid OMB control withhold their home address from the Compliance. number. Until OMB approves a record, which we will honor to the [FR Doc. 03–18752 Filed 7–22–03; 8:45 am] collection of information, you are not extent allowable by law. There may be BILLING CODE 4310–RG–P obligated to respond. circumstances in which we would Comments: Before submitting an ICR withhold from the record a respondent’s to OMB, PRA section 3506(c)(2)(A) identify, as allowable by the law. If you DEPARTMENT OF THE INTERIOR requires each agency ‘‘* * * to provide wish us to withhold your name and/or notice * * * and otherwise consult address, you must state this Fish and Wildlife Service prominently at the beginning of your with members of the public and affected Notice of Meeting of the Trinity comment. However, we will not agencies concerning each proposed Adaptive Management Working Group collection of information * * *’’. consider anonymous comments. We Agencies must specifically solicit will make all submissions from AGENCY: Fish and Wildlife Service, comments to: (a) Evaluate whether the organizations or businesses, and from Interior. proposed collection of information is individuals identifying themselves as ACTION: Notice of meeting. necessary for the agency to perform its representatives or officials of duties, including whether the organizations or businesses, available SUMMARY: Pursuant to section 10(a)(2) of information is useful; (b) evaluate the for public inspection in their entirety. the Federal Advisory Committee Act (5 accuracy of the agency’s estimate of the Dated: July 16, 2003. U.S.C. App. I), this notice announces a meeting of the Trinity Adaptive burden of the proposed collection of Marti Allbright, information; (c) enhance the quality, Management Working Group (TAMWG). Executive Director, Take Pride In America The TAMWG affords stakeholders the usefulness, and clarity of the Program. information to be collected; and (d) opportunity to give policy, management, [FR Doc. 03–18677 Filed 7–22–03; 8:45 am] minimize the burden on the and technical input concerning Trinity respondents, including the use of BILLING CODE 4310–RK–M River restoration efforts to the Trinity automated collection techniques or Management Council. Primary other forms of information technology. DEPARTMENT OF THE INTERIOR objectives of the meeting will include: Agencies must also estimate the ‘‘non- review of Trinity River Restoration hour cost’’ burdens to respondents or Office of the Secretary Program budget, establishment of recordkeepers resulting from the Committee bylaws, presentations collection of information. Therefore, if Exxon Valdez Oil Spill Trustee regarding public access, review of a you have costs to generate, maintain, Council; Notice of Meeting request to the TAMWG to recommend and disclose this information, you that the Trinity River Restoration should comment and provide your total AGENCY: Office of the Secretary, Program fund the Bureau of Land capital and startup cost components or Department of the Interior. Management to purchase a parcel of costs of annual operation, maintenance, ACTION: Notice of meeting. land at Gold Bar on the Trinity River as and purchase of service components. a long-term course sediment source for You should describe the methods you SUMMARY: The Department of the the Restoration Program, a Restoration use to estimate major cost factors, Interior, Office of the Secretary is Program presentation of the Rush Creek including system and technology announcing a public meeting of the Delta project, review of a letter from

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Humboldt County to the Secretary of below. The topic for discussion at each comment and time available, the time Interior regarding Klamath River Fishery meeting will be to discuss Sustaining for individual oral comments may be Water Supply, an Executive Director’s Working Landscapes policy and to limited. Individuals who plan to attend report, and setting future meeting dates. consider comments from the public, and need special assistance, such as The meeting is open to the public. from the RAC working subgroup and sign language interpretation, or DATES: The Trinity Adaptive from each RAC. reasonable accommodations, should Management Working Group will meet DATES: The meeting for the Northeastern contact Jo Simpson at (775) 861–6586. from 9:30 a.m. to 4 p.m. on Tuesday, Great Basin RAC includes a public Dated: July 16, 2003. July 29, 2003. comment meeting on August 18, 2003, Robert V. Abbey, ADDRESSES: The meeting will be held at 7 p.m. at the Hilton Garden Inn, 3560 BLM Nevada State Director. the Victorian Restaurant, 1709 Main East Idaho Street, Elko, Nevada. The [FR Doc. 03–18680 Filed 7–22–03; 8:45 am] Street, Weaverville, California 96093. purpose of the public meeting is for the BILLING CODE 4310–HC–P FOR FURTHER INFORMATION CONTACT: Dr. RAC to receive public comment about Mary Ellen Mueller of the U.S. Fish and the Sustaining Working Landscapes Wildlife Service, California/Nevada policy. The business meeting to discuss DEPARTMENT OF THE INTERIOR Operations Office, 2800 Cottage Way, policy and develop RAC comments on W–2606, Sacramento, California 95825, the Sustaining Working Landscapes National Park Service (916) 414–6464. Dr. Mary Ellen Mueller policy will be held August 19, 2003 at is the designee of the committee’s the BLM Elko Field Office beginning at Notice of Availability of a Final Federal Official—Steve Thompson, 9 a.m. The public comment period will Environment Impact Statement for the Manager of the U.S. Fish and Wildlife begin at approximately 1 p.m. and the General Management Plan for Carl Service, California/Nevada Operations meeting will adjourn at approximately 5 Sandburg Home National Historic Site, Office. p.m. Additional topics to be discussed Flat Rock, NC at this meeting were announced in a SUPPLEMENTARY INFORMATION: For SUMMARY: Pursuant to section 102(2)(c) notice dated July 8, 2003. background information and questions The meeting for the Sierra Front— of the National Environmental Policy regarding the Trinity River Restoration Northwestern Great Basin RAC will be Act of 1969, the National Park Service Program, please contact Douglas held on September 3, 2003, in the BLM announces the availability of a Final Schleusner, Executive Director, Trinity Carson City Field Office at 5665 Morgan Environmental Impact Statement and River Restoration Program, P.O. Box Mill Road, Carson City, Nevada, from 9 General Management Plan (FEIS/GMP) 1300, 1313 South Main Street, a.m. to noon. The purpose of the public for Carl Sandburg Home National Weaverville, California 96093, (530) meeting is to receive public comment Historic Site, Flat Rock, North Carolina. 623–1800. and to discuss policy and develop RAC DATES: The Draft EIS/GMP was available Dated: July 17, 2003. comments on the Sustaining Working for public review from October 15, 2002 D. Kenneth McDermond, Landscapes policy. The public comment through December 15, 2002. Responses Acting Manager, California/Nevada period will begin at 10:30 a.m. to public comment are addressed in the Operations Office, Sacramento, CA. The meeting for the Mojave-Southern FEIS/GMP. The National Park Service [FR Doc. 03–18785 Filed 7–22–03; 8:45 am] Great Basin RAC will be held on will execute a Record of Decision (ROD) BILLING CODE 4310–55–P September 4, 2003, at Fire Station # 2, no sooner than 30 days following 209 W. Brougher, Tonopah, Nevada, at publication by the Environmental 1 p.m. Public comment will be taken 4 Protection Agency of the notice of DEPARTMENT OF THE INTERIOR p.m. The purpose of the public meeting availability of the Final EIS. is to receive public comment on the ADDRESSES: Copies of the FEIS/GMP are Bureau of Land Management Sustaining Working Landscapes policy. available from the Superintendent, Carl [NV–910–03–0777XX] The Mojave-Southern RAC will meet on Sandburg Home National Historic Site, September 5 at the BLM Tonopah Field 81 Carl Sandburg Lane, Flat Rock, North Notice of Public Meetings of Resource Station, 1553 S. Main Street, from 8 a.m. Carolina, 28731. Public reading copies Advisory Councils (RACs) in Nevada: to noon to discuss policy and develop of the FEIS/GMP will also be available Northeastern Great Basin, Sierra RAC comments on the Sustaining for review at the following locations: Front—Northwestern Great Basin, and Working Landscapes policy. Public —Office of Superintendent, Carl Mojave-Southern Great Basin comment will occur at 10 a.m. Sandburg Home National Historic AGENCY: Bureau of Land Management, FOR FURTHER INFORMATION CONTACT: Jo Site, 81 Carl Sandburg Lane, Flat Interior. Simpson, Chief, Office of Rock, North Carolina, 28731. Communications, Nevada State Office, ACTION: Notice of Public Meetings of Telephone: 828–693–4178. 1340 Financial Boulevard, Reno, NV three BLM Nevada RACs to discuss —Division of Planning and Compliance, 89520. Telephone: (775) 861–6586. E- Sustaining Working Landscapes Southeast Regional Office, National mail: [email protected] (Nevada). Park Service, Attention: Tim SUPPLEMENTARY INFORMATION: The three Bemisderfer, 100 Alabama Street, SUMMARY: In accordance with the 15-member Councils advise the 1924 Building, Atlanta, Georgia Federal Land Policy and Management Secretary of the Interior, through the 30303. Telephone: 404–562–3124, ext. Act (FLPMA) and the Federal Advisory Bureau of Land Management, on a 693. Committee Act of 1972 (FACA), the U.S. variety of planning and management —An electronic copy of FEIS/GMP is Department of the Interior, Bureau of issues associated with public land available for download in .pdf format Land Management (BLM) Nevada management in Nevada. on the Internet at http://www.nps.gov/ Northeastern Great Basin RAC, the All meetings are open to the public. carl/gmp news.htm. Sierra Front—Northwestern Great Basin The public may present written SUPPLEMENTARY INFORMATION: Consistent RAC and the Mojave-Southern Great comments to the Council. Depending on with the park’s purpose, significance, Basin RAC will meet as indicated the number of persons wishing to and mission goals, the FEIS/GMP

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analyzes three action and one no action and providing interpretive programs on Act of 1969, the National Park Service alternatives for guiding management of site and at local schools. Primary access announces the availability of a Final the park over the next 20 years. The to the objects and information contained General Management Plan Amendment environmental consequences in the museum collection would occur and Abbreviated Final Environmental anticipated from implementing the at the main house, an expanded visitor Impact Statement (Final GMPA/AEIS) various alternatives are addressed in the contact station, and through the Internet for Green Spring Unit, Colonial National document. Impact topics include or other mass media formats. Historical Park, Virginia. The Final cultural resources, natural resources, Opportunities for access to objects and GMPA/AEIS proposes a long-term interpretation and museum operations, information would be greater than approach to managing Green Spring. park operations and administration, and existing conditions but less than the Consistent with the park’s mission, NPS quality of life and the socioeconomic Sandburg Center or Paths of Discovery policy, and other laws and regulations, environment. The three action alternatives. The Connemara Lifestyle three alternatives are presented to guide alternatives incorporate various alternative includes a Congressionally the management of the park over the management prescriptions to enhance legislated boundary expansion of 25 next 15 to 20 years. The alternatives resource protection and visitor acres for scenic view and boundary incorporate various zoning and experience conditions. The no-action protection and up to 2 acres for management prescriptions to ensure alternative would continue current construction of a new parking area. management practices into the future. In all action alternatives, the park resource preservation and public The three action alternatives are would continue to provided guided enjoyment of the park. The described as follows: tours of the Sandburg residence and environmental consequences that are The Sandburg Center alternative is the maintain the historic landscape at a anticipated from implementing the preferred alternative. Under this high level of integrity. Opportunities for various alternatives are evaluated in the alternative, the park would serve as a walking would be available and closely report. Impact topics include cultural focal point for learning about Carl managed to maintain the historic and natural resources, visitor Sandburg. Access to Sandburg related character of the site. The existing experience, park operations, the information, literature, and research amphitheater would be relocated to a socioeconomic environment, would be enhanced by expanding the less intrusive location and the trailer cumulative impacts and sustainability. park’s Internet database and creating restroom would be replaced by an Alternative C is the preferred secure and climate controlled exhibit appropriately designed modern facility alternative. After a 30-day no action areas for information and objects at the same location. Any additional period, a Record of Decision will be currently housed in the museum property interest would be acquired prepared. The Process is anticipated to preservation facility. Additional under a willing seller/willing buyer be completed in August 2003. interpretive program areas would be arrangement without the exercise of DATES: The Draft GMPA/EIS was on created by rehabilitating the interior of eminent domain. one or more historic structures near the public review from May 2 through July FOR FURTHER INFORMATION CONTACT: main house or barn. The existing visitor 11, 2001. Responses to public comment Superintendent, Carl Sandburg Home are addressed in the Final GMPA/AEIS. contact station would be renovated to National Historic Site, 81 Carl Sandburg improve its interpretive and visitor A 30-day no-action period will follow Lane, Flat Rock, North Carolina, 28731, services functions and a visitor center the Environmental Protection Agency’s Telephone: 828–693–4178. Notice of Availability of the Final created outside the current authorized The responsible official for this GMPA/AEIS. boundary of the park. The Sandburg Environmental Impact Statement is Center alternative includes a William W. Schenk, Regional Director, To Request Copies of the Document Congressional legislated boundary Southeast Region, National Park Contact: Superintendent, Colonial expansion of 110 acres for scenic view Service, 100 Alabama Street, SW., 1924 National Historical Park, Post Office Box and boundary protection and up to 5 Building, Atlanta, Georgia 30303. 210, Yorktown, Virginia 23690, (757) acres for construction of a visitor center Dated: June 19, 2003. 898–3400. Public reading copies of the and new parking area. Final GMPA/AEIS will be available for W. Thomas Brown, The Paths of Discovery alternative review at the following locations: would supplement the park’s traditional Acting Regional Director, Southeast Region. • high quality interpretive programs and [FR Doc. 03–18694 Filed 7–22–03; 8:45 am] Colonial National Historical Park, enhance walking opportunities by BILLING CODE 4310–5E–M Park Headquarters, Yorktown Visitor constructing a 3⁄4 mile long interpretive Center, Yorktown, Virginia, Telephone: trail The alternative promotes a (757) 898–3400. community-wide partnership strategy to DEPARTMENT OF THE INTERIOR • Williamsburg Regional Library, 515 address common needs such as Scotland Street, Williamsburg, Virginia. National Park Service additional parking and multi-purpose • meeting space. The Paths of Discovery James City County Library, 7770 alternative includes a Congressionally Green Spring Unit, Colonial National Croaker Road, Williamsburg, Virginia. legislated boundary expansion of 110 Historical Park, Virginia • John D. Rockefeller, Jr. Library, 313 acres for scenic view and boundary AGENCY: National Park Service, 1st Street Williamsburg, Virginia. protection and up to 5 acres for Department of the Interior. • Office of Public Affairs, National construction of a visitor center and new ACTION: Availability of Final General Park Service, Department of Interior, parking area. Management Plan Amendment and 18th and C Streets NW, Washington, DC In the Connemara Lifestyle Abbreviated Final Environmental 20240,Telephone: (202) 208–6843. alternative, visitors would experience Impact Statement for Green Spring Unit, FOR FURTHER INFORMATION CONTACT: the site much as Carl Sandburg knew it. Colonial National Historical Park. Park management would focus on Superintendent, Colonial National maintaining the site’s historic SUMMARY: Pursuant to section 102(2)(C) Historical Park, at the above address and landscape, structures, and furnishings of the National Environmental Policy telephone number.

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Dated: July 1, 2003. preferred alternative in the FEIS. It was DEPARTMENT OF THE INTERIOR Alec Gould, also determined to best accomplish the Superintendent, Colonial National Historical statutory mission of the NPS to provide National Park Service Park, National Park Service. long-term protection to the NPS units’ Notice of Availability of a Finding of No [FR Doc. 03–18701 Filed 7–22–03; 8:45 am] resource and significance, while Significant Impact for the 2003 BILLING CODE 4312–JM–P allowing for a spectrum of recreational Telecommunications Facilities uses. It was determined that Environmental Assessment, Rock implementation of the modified Creek Park, Washington, DC DEPARTMENT OF THE INTERIOR preferred alternative will not constitute SUMMARY: Pursuant to the National National Park Service an impairment of park resources and values. This course of action and two Environmental Policy Act (NEPA), Record of Decision on the Final other alternatives were analyzed in the Telecommunications Act of 1996, and Environmental Impact Statement, Draft and Final Environmental Impact the July 2002, Order of the U.S. District Personal Watercraft Rule-Making, Glen Statements. The full range of foreseeable Court for the District of Columbia in Canyon National Recreation Area, environmental consequences was Audubon Naturalist Society of the Arizona and Utah assessed, and appropriate mitigating Central Atlantic States, Inc. et al. v. measures identified. National Park Service (NPS) and Bell AGENCY: National Park Service (NPS), Atlantic Mobile, Inc., the National Park Department of the Interior. The full Record of Decision includes Service prepared and made available for a statement of the decision made; ACTION: Notice of availability of the a 36-day public review an Record of Decision on the Final synopsis of the alternatives considered, Environmental Assessment (EA) Environmental Impact Statement (FEIS), a description of the environmentally evaluating the potential impacts to the Personal Watercraft (PWC) Rule-Making, preferable alternative; the decision human and natural environment from Glen Canyon National Recreation Area. rationale used in selecting the two existing cellular communications alternative; a finding of no impairment towers located within Rock Creek Park, SUMMARY: On June 27, 2003, the of park resources and values; a Washington, DC. Director, Intermountain Region, description of mitigation measures and After the end of the 36-day public National Park Service, approved the monitoring plans that will be review period, the NPS selected for Record of Decision on the Final implemented for the selected implementation, the preferred Environmental Impact Statement, alternative; a statement that addresses alternative as described in the EA, and Personal Watercraft Rule-making for how all practical means to avoid or determined that implementation of the Glen Canyon National Recreation Area. minimize environmental harm from the preferred alternative will not have a As soon as practical the NPS will begin selected alternative have been adopted; significant impact on the quality of the to implement the modified preferred and a description of public involvement human environment and that an environmental impact statement is not alternative (Alternative B) contained in in the decision-making process. the FEIS issued May 23, 2003. required. In making that selection and Alternative B will allow PWC use in the Basis for the Decision determination, the NPS considered the recreation area under a special information and analysis contained in regulation with additional management In reaching its decision to select the the EA and the comments received restrictions. The following course of modified preferred alternative, the NPS during the public review period. The action will occur under the modified considered the purposes for which Glen NPS has prepared a Finding of No preferred alternative: PWC use will be Canyon National Recreation Area was Significant Impact (FONSI) for the prohibited in portions of the Colorado, established, and other laws and policies project. The NPS’ decision was filed Escalante, Dirty Devil, and San Juan that apply to federal lands, including with the court pursuant to a June 20, Rivers to increase protection of the Organic Act, National 2003 court deadline. environmental values and reduce visitor Environmental Policy Act, and the NPS The selected alternative allows the conflict; speed restrictions will be Management Policies 2001. The NPS continued operation of the two wireless imposed on PWC on the Escalante River also carefully considered public and telecommunications facilities as between Cow Canyon and the agency comments received during the presently located, with the NPS confluence of Coyote Creek to further planning process. developing a park-wide reduce visitor conflict and improve telecommunications plan and a visitor experience; after December 31, FOR FURTHER INFORMATION CONTACT: monitoring program for migratory birds. 2012, no one may operate a personal Brian Wright, Glen Canyon National SUPPLEMENTARY INFORMATION: Copies of watercraft that does not meet the 2006 Recreation Area, (928) 608–6339. the FONSI are available at http:// emission standards set by the EPA for Dated: June 27, 2003. www.nps.gov/rocr and the following the manufacturing of gasoline marine Michael D. Snyder, public libraries: Martin Luther King engines; educational programs and Memorial Library, 901 G Street NW., Deputy Director, Intermountain Region, materials will be enhanced to provide National Park Service. Washington, DC 20001; Chevy Chase more information to visitors on personal Library, 5625 Connecticut Avenue NW., [FR Doc. 03–18702 Filed 7–22–03; 8:45 am] watercraft use and safety as well as Washington, DC 20015; Cleveland Park recreation area resources; development BILLING CODE 4310–70–P Library, 3310 Connecticut Avenue NW., of a monitoring program to evaluate the Washington, DC 20008; Georgetown effects of PWC use on recreation area Library, 3260 R Street NW., Washington, resources; and a comprehensive lake DC 20007; Juanita Thorton Shepard Park management plan will be developed Branch Library, 7420 Georgia Avenue that will consider the management of all NW., Washington, DC 20012; Langston lake uses. This alternative was Community Library, 2600 Bennet Road identified as the environmentally NE., Washington, DC 20019; Mt.

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Pleasant Library, 1600 Lamont Street Heritage Area that is related to the respondents, available for public NW., Washington, DC 20010; Northeast themes of the Heritage Area and that review. Individual respondents may Branch Library, 330 7th Street NE., should be preserved, restored, managed, request that we withhold their home Washington, DC 20002; Petworth developed, or maintained because of its address from the record, which we will Branch Library, 4200 Kansas Avenue natural, cultural, historical, recreational, honor to the extent allowable by law. NW., Washington, DC 20011; Tenly- or scenic significance; (C) a There also may be circumstances in Friendship Branch Library, 4450 recommendation of policies for resource which we would withhold from the Wisconsin Avenue NW., Washington, management that considers and details record a respondent’s identity, as DC 20016; Watha T. Daniel Library, application of appropriate land and allowable by law. If you wish us to 1701 8th Street NW., Washington, DC water management techniques, withhold your name and/or address, 20001; Woodbridge Library, 1801 including the development of you must state this prominently at the Hamlin Street NE., Washington, DC intergovernmental cooperative beginning of your comment. However, 20018; Library of Congress, 101 agreements to protect the historical, we will not consider anonymous Independence Avenue SE., Washington, cultural, recreational, and natural comment. We will make all submissions DC 20540; Palisades, 4901 V Street NW., resources of the Heritage Area in a from organizations or businesses, and Washington, DC 20007; Sursum Corda manner consistent with supporting from individuals identifying themselves Community Library, 135 New York appropriate and compatible economic as representatives or officials of Avenue NW., Washington, DC 20001. viability; (D) a program for organizations or businesses, available You may also request a hard copy at implementation of the management plan for public inspection in their entirety. (202) 895–6000. by the management entity, (E) an Dated: June 19, 2003. FOR FURTHER INFORMATION CONTACT: analysis of ways in which local, State, Marie Rust, Adrienne Coleman, Superintendent, and Federal programs are to be Regional Director, Northeast Region. Rock Creek Park, at 3545 Williamsburg coordinated to promote the purposes of Lane NW., Washington, DC 20008–1207, this title, and (F) an interpretation plan [FR Doc. 03–18696 Filed 7–22–03; 8:45 am] or by telephone at (202) 895–6004. for the Heritage Area. BILLING CODE 4310–25–M Dated: June 20, 2003. The study area, designated as the Schuylkill River Valley National Terry R. Carlstrom, DEPARTMENT OF THE INTERIOR Regional Director, National Capital Region. Heritage, includes parts of the counties of: Schuylkill, Berks, Chester, [FR Doc. 03–18698 Filed 7–22–03; 8:45 am] National Park Service Montgomery and Philadelphia in BILLING CODE 4310–71–P southeastern Pennsylvania as associated Notice of Intent To Prepare an with the Schuylkill River watershed. Environmental Impact Statement for DEPARTMENT OF THE INTERIOR The National Park Service (NPS) the White-Tailed Deer Management maintains two park sites within the Plan, Indiana Dunes National National Park Service region: Valley Forge National Historical Lakeshore, IN Park and the Hopewell Furnace Notice of Availability of a Final National Historic site. Otherwise the AGENCY: National Park Service, Environmental Impact Statement for majority of land is non-federal and the Department of the Interior. Schuylkill River Valley National NPS assumes a management role only SUMMARY: Under the provisions of the Heritage, Management Plan Update within their park units. Instead, National Environmental Policy Act of conservation, interpretation and other 1969 (42 U.S.C. 4321 et seq.), the AGENCY: National Park Service, activities are managed by partnerships National Park Service (NPS) is preparing Department of Interior. among federal, state, and local an environmental impact statement for ACTION: Availability of the final governments and private nonprofit the White-tailed Deer Management Plan environmental impact statement for the organizations. The Schuylkill River for Indiana Dunes National Lakeshore Schuylkill River Valley National Greenway Association manages the (Lakeshore). A deer management plan is Heritage Area Management Plan Update. national heritage area. The National needed to ensure the local deer population does not become a dominant SUMMARY: Pursuant to section 102(2)(C) Park Service has been authorized by of the National Environmental Policy Congress to provide technical and force within the Lakeshore that Act of 1969, the National Park Service financial assistance for a limited period negatively influences ecosystem announces the availability of a Final (up to 10 years from the time of the components such as sensitive vegetation Environmental Impact Statement (FEIS) designation in 2000). or other wildlife. for Schuylkill River Valley National DATES: The FEIS will remain on Public DATES: The NPS will accept comments Heritage Area Management Plan Update. Review for thirty days from the from the public for 60 days from the The Schuylkill River Valley National publication of the notice in the Federal date this notice is published in the Heritage Area Act of 2000 required the Register by the Environmental Federal Register. In addition, the NPS Schuylkill River Greenway Association, Protection Agency. intends to conduct public scoping open with guidance from the National Park FOR FURTHER INFORMATION CONTACT: houses at the Lakeshore. Please check Service, to prepare an update of their Peter Samuel, Project Leader, Northeast local newspapers, the Lakeshore’s Web 1995 Schuylkill Heritage Corridor Region, National Park Service, US site http://www.nps.gov/indu or contact Management Action Plan. The Custom House, 200 Chestnut Street, the name listed below to find out when Management Plan Update includes: (A) Philadelphia, PA 19106. and where these open houses will be Actions to be undertaken by units of [email protected], 215–597–1848. held. government and private organizations to If you correspond using the internet, ADDRESSES: Information will be protect the resources of the Heritage please include your name and return available for public review and Area; (B) an inventory of the resources address in your e-mail message. Our comment at the Lakeshore headquarters contained in the Heritage Area, practice is to make comments, including located at 1100 North Mineral Springs including a list of any property in the names and home addresses of Road, Porter, Indiana, and the Dorothy

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Buell Memorial Visitor Center, U.S. 12 form of encryption. Please put in the recreational visitor experiences that and Kemil Road, Beverly Shores, subject line ‘‘Deer Management’’ and enhance the enjoyment and Indiana. include your name and return address understanding of the park resources. In FOR FURTHER INFORMATION CONTACT: The in your message. If you do not receive cooperation with local and national Resource Management Program a confirmation from the system that we interests, attention will also be given to Assistant, Indiana Dunes National have received your message, contact us resources outside the boundaries that Lakeshore, 219–926–7561, extension directly at Resource Management 219– affect the integrity of park resources. 332. 926–7561, extension 332. Finally, you Alternatives to be considered include a may hand-deliver comments to the no-action and alternatives addressing SUPPLEMENTARY INFORMATION: Within Dorothy Buell Memorial Visitor Center, the following: eastern national parks such as Indiana U.S. 12 and Kemil Road, Beverly Dunes National Lakeshore, landscapes To clearly describe specific resource Shores, Indiana. conditions and visitor experiences in various have been managed to allow for Our practice is to make comments, management units throughout the park and, preservation and rehabilitation of including names and home addresses of To identify the kinds of management, use, scenic, scientific, and historic lands. respondents, available for public review and development that will be appropriate to The result is a mixture of forest, shrub, during regular business hours. achieving and maintaining those conditions. and grassland, which constitute Individual respondents may request that Major issues include sea turtles, excellent habitat for white-tailed deer. we withhold their home address from southern access from a ferry proposal Since deer management has not been the record, which we will honor to the part of management policies in the from Port Mansfield, trash along the extent allowable by law. There also may shoreline, dredge material disposal, majority of parks, the population of deer be circumstances in which we would has greatly increased. Impacts to illegal activities routes to smugglers, withhold from the record a respondent’s significant park resources by the deer terrorists, and illegal immigrants, illegal identity, as allowable by law. If you population could compromise the park’s off-road vehicles, poaching, metal wish us to withhold your name and/or purpose as mandated by Congress in detecting, and illegal commercial address, you must state this 1966, which was to preserve the fishing), beach/shoreline management, prominently at the beginning of your exceptional biological diversity found boundaries, and partnership comment. We will make all submissions within its boundaries. The objectives of opportunities with other agencies (state from organizations or businesses, and this planning effort include determining and federal). A scoping brochure has from individuals identifying themselves a science-based and supportable been prepared outlining the issues as representatives or officials of vegetation and wildlife impact level and identified to date and will be available corresponding density of deep organizations or businesses, available in July 2003. Electronic copies of the populations to assist in potential future for public inspection in their entirety. newsletter will be available on the NPS management actions. The plan would Dated: June 24, 2003. Planning Web site for the plan in the develop and implement an adaptive Ernest Quintana, What’s New Section: http:// management approach for maintaining a Acting Regional Director, Midwest Region. planning.nps.gov/parkweb/ healthy deer population. Finally, the [FR Doc. 03–18697 Filed 7–22–03; 8:45 am] default.cfm?RecordID=143 or from, Jock Whitworth, Superintendent, Padre plan would prevent impacts from deer BILLING CODE 4310–25–P browsing to sensitive, threatened or Island National Seashore, 20301 Park endangered plant and animal species. Road 22, Corpus Christi, Texas 78418. Preliminary alternatives to meet these DEPARTMENT OF THE INTERIOR Public workshop information will be objectives include fencing, repellents, announced on the Web site in late reproductive control, direct reduction, National Park Service August. Comments on this notice must and a combination of these management be received by September 15, 2003. General Management Plan, strategies. A no action alternative will DATES: The Park Service will accept Environmental Impact Statement, also be analyzed. comments from the public through A scoping brochure has been prepared Padre Island National Seashore, Texas September 22, 2003. that details the issues identified to date, AGENCY: National Park Service, ADDRESSES: Information will be and possible alternatives to be Department of the Interior. available for public review and considered. Copies of that information ACTION: Notice of Intent to prepare an comment in the office of the may be obtained from the Resource Environmental Impact Statement for the Superintendent, Padre Island National Management Program Assistant, Indiana General Management Plan, Padre Island Seashore, 20301 Park Road 22, Corpus Dunes National Lakeshore, 1100 North National Seashore. Christi, Texas 78418, (361) 949–8173. Mineral Springs Road, Porter, Indiana FOR FURTHER INFORMATION CONTACT: Jock 46304, telephone 219–926–7561, SUMMARY: Pursuant to the National Whitworth, Superintendent, Padre extension 332, or the Lakeshore’s Web Environmental Policy Act of 1969, 42 Island National Seashore, (361) 949– site (http://www.nps.gov/indu). U.S.C. 4332 (C), the National Park If you wish to comment on the Service is preparing an Environmental 8173. scoping brochure or on any other issues Impact Statement for the General SUPPLEMENTARY INFORMATION: If you associated with the plan, you may Management Plan for Padre Island wish to comment on the scoping submit your comments by any one of National Seashore. The effort will result brochure or on any other issues several methods. You may mail in a comprehensive General associated with the plan, you may comments to Resource Management, Management Plan that encompasses submit your comments by any one of Indiana Dunes National Lakeshore, at preservation of natural and cultural several methods. You may mail the address given above. You may also resources, visitor use and interpretation, comments to Padre Island National e-mail comments to roads, and facilities. The plan will guide Seashore, P.O. 181300, Corpus Christi, [email protected]. Please submit the protection and preservation of the Texas 78480–1300. You may also Internet comments as a text file avoiding natural and cultural environments comment via the Internet on the Your the use of special characters and any considering a variety of interpretive and Input Section of the Web site at:

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http://planning.nps.gov/parkweb/ The meeting will convene at park committee report may contact Shirley default.cfm?RecordID=143 Headquarters, McFarland Hill, Bar Sears Smith, Office of Policy and Please submit all comments at the Harbor, Maine, at 1 p.m. to consider the Regulations, National Park Service, at address above by cutting and pasting the following agenda: 202–208–7456. comments into the comment form 1. Review and approval of minutes from Opportunities for oral comment will provided on the Your Input Section of the meeting held June 2, 2003 our website. If you do not receive a be limited to no more than 3 minutes 2. Committee reports: per speaker and no more than 15 confirmation from the system that we —Land Conservation minutes total. The Board’s chairman have received your Internet message, —Park Use contact us directly at (361) 949–8173. —Science will determine how time for oral Finally, you may hand-deliver 3. Old business comments will be allocated. Anyone comments to Padre Island National 4. Superintendent’s report who wishes further information Seashore, 20301 Park Road 22, Corpus 5. Public comments concerning the meeting, or who wishes Christi, Texas 78418. Our practice is to 6. Proposed agenda for next to submit a written statement, may make comments, including names and Commission meeting, February 2, contact Mr. Loran Fraser (202–208– home addresses of respondents, 2004 7456), Office of Policy and Regulations, available for public review during The meeting is open to the public. National Park Service, 1849 C Street, regular business hours. Individual Interested persons may make oral/ NW., Washington, DC 20240. respondents may request that we written presentations to the Commission Draft minutes of the meeting will be withhold their home address from the or file written statements. Such requests available for public inspection about 12 record, which we will honor to the should be made to the Superintendent weeks after the meeting, in room 7250, extent allowable by law. There also may at least seven days prior to the meeting. Main Interior Building, 1849 C Street, be circumstances in which we would Further information concerning this NW., Washington, DC. withhold from the record a respondent’s meeting may be obtained from the identity, as allowable by law. If you Superintendent, Acadia National Park, Dated: July 15, 2003. wish us to withhold your name and/or P.O. Box 177, Bar Harbor, Maine 04609; Loran Fraser, address, you must state this tel: (207) 288–3338. Chief, Office of Policy and Regulations, prominently at the beginning of your Dated: June 25, 2003. National Park Service. comment. We will make all submissions Len Bobinchock, [FR Doc. 03–18707 Filed 7–22–03; 8:45 am] from organizations or businesses, and Acting Superintendent, Acadia National BILLING CODE 4312–52–P from individuals identifying themselves Park. as representatives or officials of [FR Doc. 03–18706 Filed 7–22–03; 8:45 am] organizations or businesses, available DEPARTMENT OF THE INTERIOR for public inspection in their entirety. BILLING CODE 4510–2N–M Dated: May 16, 2003. National Park Service Michael D. Snyder, DEPARTMENT OF THE INTERIOR National Register of Historic Places; Deputy Regional Director, Intermountain Region, National Park Service. National Park Service Notification of Pending Nominations [FR Doc. 03–18700 Filed 7–22–03; 8:45 am] National Park System Advisory Board; Nominations for the following BILLING CODE 4312–CD–P Meeting properties being considered for listing in the National Register were received AGENCY: National Park Service, Interior. DEPARTMENT OF THE INTERIOR by the National Park Service before July ACTION: Notice of meeting. 5, 2003. Pursuant to § 60.13 of 36 CFR National Park Service Notice is hereby given in accordance part 60 written comments concerning with the Federal Advisory Committee the significance of these properties Acadia National Park; Bar Harbor, ME; Act, 5 U.S.C. Appendix, that the under the National Register criteria for Acadia National Park Advisory National Park System Advisory Board evaluation may be forwarded by United Commission; Notice of meeting will conduct a public meeting by States Postal Service, to the National Notice is hereby given in accordance teleconference on August 12, 2003, from Register of Historic Places, National with the Federal Advisory Committee 4 p.m. to 5 p.m. eastern standard time, Park Service, 1849 C St. NW., 2280, Act (Pub. L. 92–463, 86 Stat. 770, 5 inclusive. Members of the public may Washington, DC 20240; by all other U.S.C. App. 1, Sec. 10), that the Acadia attend the meeting in person in carriers, National Register of Historic National Park Advisory Commission Washington, DC, at the Jurys Places, National Park Service,1201 Eye will hold a meeting on Monday, Washington Hotel, Burlington Ballroom St. NW., 8th floor, Washington DC September 8, 2003. A, 1500 New Hampshire Avenue, NW., 20005; or by fax, 202–371–6447. Written The Commission was established Washington, DC 20036. During this or faxed comments should be submitted pursuant to Public Law 99–420, Sec. teleconference, the National Park by August 7, 2003. 103. The purpose of the commission is System Advisory Board will receive and to consult with the Secretary of the discuss the report of its National Parks Patrick W. Andrus, Interior, or his designee, on matters Science Committee concerning an Acting Keeper of the National Register of relating to the management and evaluation of the National Park Service Historic Places. development of the park, including but Natural Resource Challenge Program. COLORADO not limited to the acquisition of lands The Board will make recommendations and interests in lands (including to the Director of the National Park Chaffee County conservation easements of islands) and Service concerning the future direction Morley Bridge, (Highway Bridges in Colorado termination of rights of use and of science in the National Park Service. MPS), Chaffee Cty Rd. 297 at milepost 2.40, occupancy. Anyone who wishes a copy of the Romley, 03000744

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IOWA Dakota MPS), Lot Six Block 5, Oelrichs, or faxed comments should be submitted 03000764 Clinton County by August 7, 2003. Sharon Methodist Epsicopal Church, 1223 Hutchinson County Carol D. Shull, 125th St., Lost Nation, 03000745 Kost Farm Barn, 42247 280th St., Olivet, Keeper of the National Register of Historic MASSACHUSETTS 03000766 Places.

Essex County Minnehaha County ARKANSAS Breakheart Reservation Parkways— Slip Up Creek Homestead, 25359 478th Ave., Union County Metropolitan Park System of Greater Garretson, 03000761 Boston (Metropolitan Park System of El Dorado Commercial Historic District, Greater Boston MPS), Forest St., Pine Tops, Pennington County Courthouse Square, portions of Main, Elm and Hemlock Rds., Saugus, 03000748 Madison Ranch, 8800 Nemo Rd., Rapid City, Jefferson, Washington, Jackson, Cedar and Nahant Beach Boulevard—Metropolitan Park 03000767 Locust Sts., El Dorado, 03000773 System of Greater Boston (Metropolitan Park System of Greater Boston MPS), TEXAS CALIFORNIA Nahant Beach Blvd., Lynn, 03000747 Austin County Los Angeles County Norfolk County Lander County Courthouse, 122 Main St., Andalusia, 1471–1475 Havenhurst Dr., Los Angeles, 03000775 Blue Hills Reservation Parkways— Austin, 03000750 Metropolitan Park System of Greater Neutra, Richard and Dion, VDL Research Boston (Metropolitan Park System of Gonzales County House II, 2300 Silver Lake Blvd., Los Angeles, 03000774 Greater Boston MPS), Parts of Blue Hill Houston, William Buckner and Sue, House, Rd., Chickatawbut Rd., Hillside St., Uniquity Rd., Wampatuck Rd., and Green 621 E. St. George St., Gonzales, 03000769 COLORADO St., Braintree, 03000746 Guadalupe County Denver County NEVADA Seguin Commercial Historic District McPhee and McGinnity Paint Factory, 2519 Walnut St., Denver, 03000776 Lander County (Boundary Increase), Roughly bounded by Myrtle St., Camp St., Washington St. and Austin Cemetery, N and S sides of U.S. 50 San Miguel County Crockett St., Seguin, 03000768 near jct. with NV 305, Austin, 03000753 Rio Grande Southern Railroad Trout Lake Austin City Hall, 90 South St., Austin, Nolan County Water Tank, along North Trout Lake Rd., 03000754 Ophir, 03000777 Austin Masonic and Odd Fellows Hall, 105 Newman, I.M. and Margaret, House, 309 Main St., Austin, 03000756 Ragland St., Sweetwater, 03000771 DISTRICT OF COLUMBIA Austin Methodist Church, 135 Court St., Winkler County District of Columbia Austin, 03000751 Gridley Store, 247 Water St., Austin, Rig Theater, 213–215 E. Hendricks Blvd., Arden, Elizabeth, Building, 1147 Connecticut 03000752 Wink, 03000770 Ave., Washington, 03000778 Nevada Central Turntable, Off Austin Roping Springland Springhouse—Springland Arena Rd., S side of U.S. 50, Austin, UTAH (Boundary Increase), 3517 Springland Ln, 03000759 Sanpete County NW., Washington, 03000779 St. Augustine’s Catholic Church, 113 Virginia St., Austin, 03000758 Nielson, John R., Cabin, Manti Canyon, ILLINOIS Manti, 03000772 St. George’s Episcopal Church, 156 Main St., Cook County Austin, 03000755 [FR Doc. 03–18678 Filed 7–22–03; 8:45 am] Stokes Castle, Castle, U.S. 50 W of Austin, Armour Square (Chicago Park District MPS), Austin, 03000757 BILLING CODE 4312–51–P Bounded by W 33rd St., W 34th Place, S. Wells Ave. and S. Shields Ave., Chicago, Washoe County 03000789 Upson, Pearl, House, 937 Jones St., Reno, DEPARTMENT OF THE INTERIOR Calumet Park (Chicago Park District MPS), 03000749 9801 South Avenue G, Chicago, 03000788 Davis Square (Chicago Park District MPS), OHIO National Park Service Roughlu bounded by W. 44th St., W, 45th Franklin County National Register of Historic Places; St., S. Marshfield Ave. and S. Hemitage Rush Creek Village Historic District, Notification of Pending Nominations Ave., Chicago, 03000787 Residential subdivision centered along East Palmolive Building, 919 N. Michigan Ave., South St., E of Morning St., Worthington, Nominations for the following Chicago, 03000784 03000760 properties being considered for listing Reid House, 2013 S. Prairie Ave., Chicago, 03000783 in the National Register were received SOUTH DAKOTA Washington Square Historic District (Land by the National Park Service before July Beadle County Subdivisions with Set-Aside Parks, 12, 2003. Pursuant to § 60.13 of 36 CFR Chicago, IL MPS), Washington Square, N. Anderson Barn, 19411 394th St., Hitchcock, part 60 written comments concerning 03000763 Dearborn St., from W. Walton St. to W. the significance of these properties Chicago Ave., Chicago, 03000786 Brookings County under the National Register criteria for Lake County Cobel, Ivan, House, 727 Main Ave., evaluation may be forwarded by United Brookings, 03000762 States Postal Service, to the National Holy Family Church, 1840 Lincoln St., North Register of Historic Places, National Chicago, 03000780 Clay County Park Service, 1849 C St. NW., 2280, Snite, John Taylor, House (Highland Park MRA), 225 N. Deere Park Ave. E, Highland Wakonda State Bank, 118 Ohio St., Wakonda, Washington, DC 20240; by all other Park, 03000790 03000765 carriers, National Register of Historic Fall River County Places, National Park Service,1201 Eye Rock Island County St. Martin’s Catholic Church and Grotto, St. NW., 8th floor, Washington DC Sala Apartment Building, 320–330 (Federal Relief Construction in South 20005; or by fax, 202–371–6447. Written Nineteenth St., Rock Island, 03000782

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MASSACHUSETTS Hamilton County documents relevant to the human Middlesex County Freund—Heintz House, 3332 Whitfield Ave., remains, was made by Phoebe A. Hearst Cincinnati, 03000806 Museum of Anthropology professional Bedford Depot, 80 Loomis St. and 120 South staff in consultation with Rd., Bedford, 03000791 TEXAS Wilson Mill—Old Burlington Road District, representatives of the Kaibab Band of Old Burlington Rd. and Wilson Rd., McLennan County Paiute Indians of the Kaibab Indian Bedford, 03000792 Texas Textile Mills—L.L. Sams Company Reservation, Arizona; Las Vegas Tribe of Historic District, 2100 River St., Waco, Paiute Indians of the Las Vegas Indian Suffolk County 03000807 Colony, Nevada; Moapa Band of Paiute Publicity Building, 40–44 Bromfield St., Indians of the Moapa River Indian Boston, 03000781 Nacogdoches County Reservation, Nevada; Paiute Indian MISSOURI Durst—Taylor House, 304 North St., Nacogdoches, 03000808 Tribe of Utah; San Juan Southern Paiute Cole County Tribe of Arizona; and Shoshone- WASHINGTON Bannock Tribes of the Fort Hall East End Drugs, 630 E. High St., Jefferson City, 03000794 Garfield County Reservation of Idaho. In 1928, human remains representing Dent County Downtown Pomeroy Historic District, at least two individuals were removed Roughly bounded by Main St., Tenth and Nova Scotia Ironworks Historic District, Mark Ninth Sts., Columbia St., and Sixth St., from a cave located ‘‘eight miles from Twain National Forest, Salem, 03000793 Pomeroy, 03000811 Glendale in the direction of Moapa’’ in NEBRASKA Clark County, NV, by L.F. Herrick, who Spokane County donated the human remains to the Adams County Barnett, Alonzo and Louise, House, 902 E. Phoebe A. Hearst Museum of Central Hastings Historic District, Roughly Augusta Ave., Spokane, 03000809 Anthropology in the same year. No 7th to 12th; Colorado Ave to Bellevue Ave., Whitman County known individuals were identified. The Hastings, 03000795 U.S. Post Office—Pullman, (Historic U.S. one associated funerary object is a Lancaster County Post Offices in Washington MPS), SE 245 woven magenta wool cloth fragment. Nebraska State Historical Society Building, Paradise St., Pullman, 03000810 The circumstances of burial of the 1500 R St., Lincoln, 03000797 human remains in a cave identify the [FR Doc. 03–18679 Filed 7–22–03; 8:45 am] human remains as Native American. Saunders County BILLING CODE 4312–51–P The presence of an associated funerary Kirchman, F.J., House, 957 Beech St., Wahoo, object of Euroamerican origin, the wool 03000796 cloth fragment, dates the burials to post- DEPARTMENT OF THE INTERIOR NEW MEXICO European contact. Historical records and consultation evidence indicate that De Baca County National Park Service this area was inhabited by Paiute Fort Sumner Community House (New Notice of Inventory Completion: culture groups at the time of European Mexico Federation of Women’s Club contact. The current descendants of Buildings in New Mexico MPS), Jct. of U.S. Phoebe A. Hearst Museum of 84 and Baker Ave., Fort Sumner, 03000798 Anthropology, University of California, these groups are the Kaibab Band of Berkeley, Berkeley, CA Paiute Indians of the Kaibab Indian NORTH CAROLINA Reservation, Arizona; Las Vegas Tribe of Buncombe County AGENCY: National Park Service, Interior. Paiute Indians of the Las Vegas Indian Biltmore Hardware Building (Biltmore ACTION: Notice. Colony, Nevada; Moapa Band of Paiute Village MRA), 28–32 Hendersonville Rd., Indians of the Moapa River Indian Asheville, 03000800 Notice is here given in accordance Reservation, Nevada; Paiute Indian with the Native American Graves Tribe of Utah; San Juan Southern Paiute Chatham County Protection and Repatriation Act Tribe of Arizona; and Shoshone- Brewer, Sheriff Stephen Wiley, Farmstead (NAGPRA), 25 U.S.C. 3003, of the Bannock Tribes of the Fort Hall (Pittsboro MRA), 365 Thompson St., completion of an inventory of human Reservation of Idaho. Pittsboro, 03000801 remains and associated funerary objects Officials of the Phoebe A. Hearst Craven County in the possession of the Phoebe A. Museum of Anthropology have Cedar Street Recreation Center, 822 Cedar St., Hearst Museum of Anthropology, determined that, pursuant to 25 U.S.C. New Bern, 03000802 University of California, Berkeley, 3001 (9-10), the human remains Cumberland County Berkeley, CA. The human remains and described above represent the physical associated funerary objects were remains of at least two individuals of Brownlea, 405 Southampton Court, removed from Clark County, NV. Native American ancestry. Officials of Fayetteville, 03000803 This notice is published as part of the the Phoebe A. Hearst Museum of Durham County National Park Service’s administrative Anthropology also have determined Venable Tobacco Company Prizery and responsibilities under NAGPRA, 25 that, pursuant to 25 U.S.C. 3001 (3)(A), Receiving Room, (Durham MRA), 302–04 U.S.C. 3003 (d)(3). The determinations the one object described above is East Pettigrew, Durham, 03000804 within this notice are the sole reasonably believed to have been placed Yancey County responsibility of the museum, with or near individual human remains Yancey Collegiate Institute Historic District, institution, or Federal agency that has at the time of death or later as part of School Dr. and Green Mountain Dr., control of these Native American human the death rite or ceremony. Lastly, Burnsville, 03000799 remains and associated funerary objects. officials of the Phoebe A. Hearst The National Park Service is not Museum of Anthropology have OHIO responsible for the determinations determined that, pursuant to 25 U.S.C. Allen County within this notice. 3001 (2), there is a relationship of Lima Pennsylvania Railroad Passenger Depot, An assessment of the human remains, shared group identity that can be 424 N. Central Ave., Lima, 03000805 and catalog records and associated reasonably traced between the Native

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American human remains and the Notice is here given in accordance indemnity for the expenses of the Black associated funerary object and the with the Native American Graves Hawk War. Kaibab Band of Paiute Indians of the Protection and Repatriation Act Officials of the Springfield Science Kaibab Indian Reservation, Arizona; Las (NAGPRA), 25 U.S.C. 3003, of the Museum have determined that, Vegas Tribe of Paiute Indians of the Las completion of an inventory of human pursuant to 25 U.S.C. 3001 (9-10), the Vegas Indian Colony, Nevada; Moapa remains in the possession of the human remains described above Band of Paiute Indians of the Moapa Springfield Science Museum, represent the physical remains of one River Indian Reservation, Nevada; Springfield, MA. The human remains Paiute Indian Tribe of Utah; San Juan were removed from an unknown site in individual of Native American ancestry. Southern Paiute Tribe of Arizona; and North McGregor, Clayton County, IA. Officials of the Springfield Science Shoshone-Bannock Tribes of the Fort This notice is published as part of the Museum also have determined that, Hall Reservation of Idaho. National Park Service’s administrative pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity Representatives of any other Indian responsibilities under NAGPRA, 25 tribe that believes itself to be culturally U.S.C. 3003 (d)(3). The determinations that can reasonably be traced between affiliated with the human remains and within this notice are the sole the Native American human remains the associated funerary object should responsibility of the museum, and the Sac & Fox Nation of Missouri in contact C. Richard Hitchcock, NAGPRA institution, or Federal agency that has Kansas and Nebraska; Sac & Fox Nation, Coordinator, Phoebe A. Hearst Museum control of the Native American human Oklahoma; and Sac & Fox Tribe of the of Anthropology, University of remains. The National Park Service is Mississippi in Iowa. California, Berkeley, Berkeley, CA not responsible for the determinations Representatives of any other Indian 94720, telephone (510) 642-6096, before within this notice. tribe that believes itself to be culturally August 22, 2003. Repatriation of the A detailed assessment of the human affiliated with the human remains human remains and the associated remains was made by Springfield should contact David Stier, Director, funerary object to the Kaibab Band of Science Museum professional staff in Springfield Science Museum, 220 State Paiute Indians of the Kaibab Indian consultation with representatives of the Street, Springfield, MA 01103, Reservation, Arizona; Las Vegas Tribe of Flandreau Santee Sioux Tribe of South telephone (413) 263-6800, extension Dakota; Ho-Chunk Nation of Wisconsin; Paiute Indians of the Las Vegas Indian 321, before August 22, 2003. Iowa Tribe of Kansas and Nebraska; Colony, Nevada; Moapa Band of Paiute Repatriation of the human remains to Iowa Tribe of Oklahoma; Lower Sioux Indians of the Moapa River Indian the Sac & Fox Tribe of the Mississippi Reservation, Nevada; Paiute Indian Indian Community in the State of in Iowa, acting on behalf of the Sac & Tribe of Utah; San Juan Southern Paiute Minnesota; Prairie Island Indian Fox Nation of Missouri in Kansas and Tribe of Arizona; and Shoshone- Community in the State of Minnesota; Bannock Tribes of the Fort Hall Sac & Fox Nation of Missouri in Kansas Nebraska and Sac & Fox Nation, Reservation of Idaho may proceed after and Nebraska; Sac & Fox Nation, Oklahoma may proceed after that date if that date if no additional claimants Oklahoma; Sac & Fox Tribe of the no additional claimants come forward. come forward. Mississippi in Iowa; Santee Sioux Tribe The Springfield Science Museum is The Phoebe A. Hearst Museum of of the Santee Reservation of Nebraska; responsible for notifying the Flandreau Anthropology is responsible for Spirit Lake Tribe, North Dakota; Upper Santee Sioux Tribe of South Dakota; Ho- notifying the Kaibab Band of Paiute Sioux Community, Minnesota; Chunk Nation of Wisconsin; Iowa Tribe Indians of the Kaibab Indian Winnebago Tribe of Nebraska; and of Kansas and Nebraska; Iowa Tribe of Reservation, Arizona; Las Vegas Tribe of Yankton Sioux Tribe of South Dakota. Oklahoma; Lower Sioux Indian Paiute Indians of the Las Vegas Indian In 1860, a human cranium Community in the State of Minnesota; Colony, Nevada; Moapa Band of Paiute representing one individual was Prairie Island Indian Community in the Indians of the Moapa River Indian removed from an unknown site in North State of Minnesota; Sac & Fox Nation of Reservation, Nevada; Paiute Indian McGregor, IA, near the Mississippi Missouri in Kansas and Nebraska; Sac & Tribe of Utah; San Juan Southern Paiute River by Mr. H. Davis. In 1862, Mr. Fox Nation, Oklahoma; Sac & Fox Tribe Davis donated the human remains to the Tribe of Arizona; and Shoshone- of the Mississippi in Iowa; Santee Sioux Springfield Science Museum. No known Bannock Tribes of the Fort Hall Tribe of the Santee Reservation of individual was identified. No associated Reservation of Idaho that this notice has Nebraska; Spirit Lake Tribe, North been published. funerary objects are present. The physical anthropological characteristics Dakota; Upper Sioux Community, Dated: June 12, 2003. indicate that the individual is Native Minnesota; Winnebago Tribe of John Robbins, American. Nebraska; and Yankton Sioux Tribe of Assistant Director, Cultural Resources. Based on the geographical location of South Dakota that this notice has been [FR Doc. 03–18703 Filed 7–22–03; 8:45 am] North McGregor, IA, within the area published. BILLING CODE 4310–70–S recognized by the Indian Claims Dated: May 28, 2003. Commission as aboriginal land of the John Robbins, Sac & Fox Nation, the human remains Assistant Director, Cultural Resources. DEPARTMENT OF THE INTERIOR are likely affiliated with the Sac & Fox [FR Doc. 03–18704 Filed 7–22–03; 8:45 am] Nation of Missouri in Kansas and National Park Service Nebraska; Sac & Fox Nation, Oklahoma; BILLING CODE 4310–70–S Notice of Inventory Completion: and Sac & Fox Tribe of the Mississippi Springfield Science Museum, in Iowa. The land recognized by the Springfield, MA Indian Claims Commission is included in the terms of the Treaty of September AGENCY: National Park Service, Interior. 21, 1832 (7 Stat., 374) between the Sauk and Fox and the United States, a cession ACTION: Notice. required of the Sauk and Fox as

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DEPARTMENT OF THE INTERIOR Civic Engagement and Public ACTION: Notice of availability. Involvement comports with the National Park Service Secretary of the Interior’s ‘‘Four Cs’’ SUMMARY: The National Park Service principle of Consultation, Cooperation, (NPS) is proposing to adopt a Director’s Notice of Availability of Draft Director’s and Communication, all in the service Order setting forth the policies and Order Concerning National Park of Conservation. Another influence is a procedures under which NPS facilities Service Policies and Procedures recent document that is currently being will develop and implement Governing Civic Engagement and discussed and implemented within the Public Involvement Environmental Management Systems NPS, the National Park System Advisory (EMS). This is necessary because AGENCY: National Park Service, Interior. Board’s report: ‘‘Rethinking the National Executive Order 13148 requires that an parks for the 21st Century.’’ The report ACTION: EMS be implemented at all appropriate Availability of draft Director’s can be found on the Internet at http:// Order. Federal facilities by December 31, 2005. www.nps.gov/policy/futurereport.htm. The Director’s Order will help ensure SUMMARY: The NPS is inviting comment The report has much to say about that all necessary actions are taken to for a 30-day period on draft Director’s increasing the level of public integrate environmental accountability Order #75A: Civic Engagement and participation and involvement with the into day-to-day decision-making and Public Involvement. The document National Park System. In part, the report long-term planning processes, and emphasizes the National Park Service states that: across all NPS activities and functions. (NPS) policy of welcoming the public to Too often the Park Service has been use the parks in appropriate, sustainable hesitant to engage outside talent, preferring DATES: Written comments will be ways, and engaging the public in the to look inward for ideas and solutions to accepted until August 22, 2003. problems. This must change. Park staff can work of the bureau with effective public ADDRESSES: Draft Director’s Order #13A involvement techniques. When adopted, no longer be insular, but must work closely with private landowners, local community is available on the Internet at http:// the policies and procedures will apply groups, local governments, and other federal www.nps.gov/policy. Requests for to all park units and programs agencies. Cooperation with neighbors is vital copies of, and written comments on, the administered by the NPS. to conserve park resources. At a time of Director’s Order should be sent to Carl DATES: Written comments will be public cynicism about many matters on the Wang, NPS Environmental Management accepted until August 22, 2003. national scene, opinion surveys indicate that Program Manager, Park Facility the Park Service enjoys one of the highest Management Division, 1849 C Street, ADDRESSES: Submit comments to Marcia public approval ratings of all government Keener, United States Department of NW., Washington DC 20240, or to his agencies. From the beginning the Park _ Interior, National Park Service Office of Service has sought to be people-friendly. The Internet address: carl [email protected]. Policy (Org. Code 0004), Room 7252, public looks upon national parks almost as FOR FURTHER INFORMATION CONTACT: Carl a metaphor for America itself. To encourage 1849 C Street, NW., Washington, DC Wang at 202/513–7033. 20240. Or, telefax to 202–219–8835; or ecological stewardship outside the parks, the send via electronic mail to Service should cooperate extensively with its SUPPLEMENTARY INFORMATION: The NPS [email protected]. neighbors-federal agencies, states, counties, is updating its current system of internal cities, tribes, the private sector, even other written instructions. When these SUPPLEMENTARY INFORMATION: The NPS countries. has long provided opportunities for documents contain new policy or public involvement through its Individual respondents may request procedural requirements that may affect planning, historic preservation, and that we withhold their name and/or parties outside the NPS, they are first environmental compliance procedures. address from the record, which we will made available for public review and Additional requirements and honor to the extent allowable by law. If comment before being adopted. The expectations for outreach and you wish us to withhold your name draft Director’s Order covers topics such consultation are presently included in and/or address, you must state this as the principles of an EMS; NPS EMS the 2001 edition of ‘‘Management prominently at the beginning of your policy; and elements of an EMS (e.g., a Policies,’’ and in a number of active comment. commitment statement, goals and Director’s Orders. A distinct benefit of FOR FURTHER INFORMATION CONTACT: targets, recordkeeping, communication, this draft Director’s Order #75A is that Marcia Keener, Program Analyst, 202– training, monitoring, measurement, civic engagement and public 208–7456. corrective action, management review, and roles and responsibilities). involvement expectations and guidance Dated: July 17, 2003. are now packaged into a single Individual respondents may request that Loran Fraser, document. More detailed information we withhold their home address from on methods and techniques will follow Chief, Office of Policy and Regulations. the administrative record, which we in the form of a Sourcebook, which is [FR Doc. 03–18695 Filed 7–22–03; 8:45 am] will honor to the extent allowable by now being developed. The draft BILLING CODE 4312–52–P law. There also may be circumstances in Director’s Order covers topics such as which we would withhold from the the importance of two-way record a respondent’s identity, as communication and the need for DEPARTMENT OF THE INTERIOR allowable by law. If you wish us to withhold your name and/or address, creative public involvement efforts by National Park Service NPS personnel so that the public will you must state this prominently at the have a fuller voice in the work of the Notice of Availability of Draft Director’s beginning of your comment. NPS. The draft Director’s Order may be Order Concerning National Park Dated: April 30, 2003. viewed on the Internet at http:// Service Policies and Procedures Dale J. Wilking, www.nps.gov/policy/DOrders/75A.htm. Governing its Environmental Chief, Park Facility Management Division. Written copies may also be requested by Management Systems contacting Marcia Keener at the address [FR Doc. 03–18699 Filed 7–22–03; 8:45 am] given above. AGENCY: National Park Service, Interior. BILLING CODE 4312–52–P

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DEPARTMENT OF JUSTICE National Cooperative Research and FOR FURTHER INFORMATION CONTACT: Mr. Production Act of 1993, 15 U.S.C. David M. Lengyel, Executive Secretary, Antitrust Division § 4301 et seq. (‘‘the Act’’), PXT Systems National Aeronautics and Space Alliance, Inc. has filed written Administration, Houston, TX 77058, Notice Pursuant to the National notifications simultaneously with the (281) 283–7581. Cooperative Research and Production Attorney General and the Federal Trade SUPPLEMENTARY INFORMATION: The Act of 1993—Interchangeable Virtual Commission disclosing changes in its meeting will be open to the public up Instruments Foundation, Inc. membership status. The notifications to the seating capacity of the room. Notice is hereby given that, on June were filed for the purpose of extending Return to Flight Task Group is co- 30, 2003, pursuant to section 6(a) of the the Act’s provisions limiting the chaired by Lieutenant General Thomas National Cooperative Research and recovery of antitrust plaintiffs to actual Stafford, USAF, (Retired) and Mr. Production Act of 1993, 15 U.S.C. 4301 damages under specified circumstances. Richard O. Covey, using expertise from et seq. (‘‘the Act’’), Interchangeable Specifically, Aeroflex, Inc., Wichita, KS; the Stafford IOR Advisory Expert Virtual Instruments Foundation, Inc. Nextronics, Taipei Hsien, Taiwan; Council—Task Force, personnel from has filed written notifications Huntron, Inc., Mill Creek, WA; SMA the aerospace industry, federal simultaneously with the Attorney Regelsysteme GmbH, Niestetal, government, academia, and the military. General and the Federal Trade Germany; and Acculogic, Inc., The Task Group will periodically report Commission disclosing changes in its Markham, Ontario, Canada have been their assessments to the agency, and membership status. The notifications added as parties to this venture. deliver a written report to the NASA were filed for the purpose of extending No other changes have been made in Administrator one month before the the Act’s provisions limiting the either the membership or planned return to flight of the Space Shuttle recovery of antitrust plaintiffs to actual activity of the group research project. launch (STS–114). The agenda for the damages under specified circumstances. Membership in this group research meeting is as follows: Specifically, ICS Electronics, project remains open, and PXI Systems —Task Group Charter/Panel Charters. Pleasanton, CA; and GCSD Division of Alliance, Inc. intends to file additional —Report Writing (Interim and Final Harris Corp., Melbourne, FL have been written notification disclosing all Report Discussion). added as parties to this venture. Also, changes in membership. —Draft Johnson Space Center Agenda. Solectron, Milpitas, CA; and Nokia On November 22, 2000, PXI Systems Prior to the public meeting, the Mobile Phones Inc., San Diego, CA have Alliance, Inc. filed its original members of the Task Group will be been dropped as parties to this venture. notification pursuant to Section 6(a) of receiving briefings concerning No other changes have been made in the Act. The Department of Justice administrative matters, such as Federal Advisory Committee Act, Government either the membership or planned published a notice in the Federal personnel, travel and ethics issues, activity of the group research project. Register pursuant to Section 6(b) of the background briefings relative to their Membership in this group research Act on March 8, 2001 (66 FR 13971). tasks and a tour of relevant facilities at project remains open, and The last notification was filed with the John F. Kennedy Space Center. It is Interchangeable Virtual Instruments the Department on April 8, 2003. A imperative that the meeting be held on Foundation, Inc. intends to file notice was published in the Federal these dates to accommodate the additional written notification Register pursuant to Section 6(b) of the scheduling priorities of the key disclosing all changes in membership. Act on May 7, 2003 (68 FR 24502). On May 29, 2001, Interchangeable participants. Visitors will be requested Virtual Instruments Foundation, Inc. Constance K. Robinson, to sign a visitor’s register. filed its original notification pursuant to Director of Operations, Antitrust Division. June W. Edwards, section 6(a) of the Act. The Department [FR Doc. 03–18713 Filed 7–22–03; 8:45 am] Advisory Committee Management Officer, of Justice published a notice in the BILLING CODE 4410–71–M National Aeronautics and Space Federal Register pursuant to section Administration. 6(b) of the Act on July 30, 2001 (66 FR [FR Doc. 03–18758 Filed 7–22–03; 8:45 am] 39336). NATIONAL AERONAUTICS AND BILLING CODE 7510–01–P The last notification was filed with SPACE ADMINISTRATION the Department on April 8, 2003. A [Notice 03–082] notice was published in the Federal NATIONAL SCIENCE FOUNDATION Register pursuant to section 6(b) of the Return to Flight Task Group; Meeting Act on May 7, 2003 (68 FR 24502). Notice of Permits Issued Under the Constance K. Robinson, AGENCY: National Aeronautics and Antarctic Conservation Act of 1978 Space Administration (NASA). Director of Operations, Antitrust Division. AGENCY: National Science Foundation. ACTION: [FR Doc. 03–18714 Filed 7–22–03; 8:45 am] Notice of meeting. ACTION: Notice of permits issued under BILLING CODE 4410–11–M SUMMARY: In accordance with the the Antarctic Conservation Act of 1978, Federal Advisory Committee Act, Public Public Law 95–541. DEPARTMENT OF JUSTICE Law 92–463, as amended, the National SUMMARY: The National Science Aeronautics and Space Administration Foundation (NSF) is required to publish Antitrust Division announces a meeting of the Return to notice of permits issued under the Flight Task Group (RTFTG). Antarctic Conservation Act of 1978. Notice Pursuant to the National DATES: Thursday, August 7, 2003, 11:30 This is the required notice. Cooperative Research and Production a.m. to 2 p.m. FOR FURTHER INFORMATION CONTACT: Act of 1993—PXI Systems Alliance, ADDRESSES: Inc. John F. Kennedy Space Nadene G. Kennedy, Permit Office, Center, Visitors Complex, Debus Center, Office of Polar Programs, Rm. 755, Notice is hereby given that, on June Highway 405, Kennedy Space Center, National Science Foundation, 4201 30, 2003, pursuant to Section 6(a) of the FL 32899, (321)–867–2468. Wilson Boulevard, Arlington, VA 22230.

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SUPPLEMENTARY INFORMATION: On June 9, authority allows the RRB to submit a Retirement Board can determine his or 2003, the National Science Foundation variety of new or revised customer her entitlement to benefits. The published a notice in the Federal survey instruments (needed to timely collection obtains information Register of a permit application implement customer monitoring supplementing or changing information received. A permit was issued on July activities) to the OMB for expedited previously provided by an applicant. 16, 2003 to: review and approval. Additional Information or Comments: Peter Doran Permit No. 2004–004 The average burden per response for Copies of the forms and supporting customer satisfaction activities is documents can be obtained from Chuck Nadene G. Kennedy, estimated to range from 2 minutes for a Mierzwa, the agency clearance officer Permit Officer. Web site questionnaire to 2 hours for (312–751–3363). [FR Doc. 03–18753 Filed 7–22–03; 8:45 am] participation in a focus group. The RRB Comments regarding the information BILLING CODE 7555–01–M estimates an annual burden of 2,050 collection should be addressed to annual respondents totaling 727 hours Ronald J. Hodapp, Railroad Retirement for the generic customer survey Board, 844 North Rush Street, Chicago, RAILROAD RETIREMENT BOARD clearance. Illinois 60611–2092 and to the OMB Additional Information or Comments: Desk Officer for the RRB, at the Office Proposed Collection; Comment To request more information or to of Management and Budget, Room Request obtain a copy of the information 10230, New Executive Office Building, collection justification, forms, and/or SUMMARY: In accordance with the Washington, DC 20503. supporting material, please call the RRB requirement of Section 3506(c)(2)(A) of Clearance Officer at (312) 751–3363. Chuck Mierzwa, the Paperwork Reduction Act of 1995 Comments regarding the information Clearance Officer. which provides opportunity for public collection should be addressed to [FR Doc. 03–18687 Filed 7–22–03; 8:45 am] comment on new or revised data Ronald J. Hodapp, Railroad Retirement BILLING CODE 7905–01–M collections, the Railroad Retirement Board, 844 N. Rush Street, Chicago, Board (RRB) will publish periodic Illinois 60611–2092. Written comments summaries of proposed data collections. Comments are invited on: (a) Whether should be received within 60 days of this notice. SECURITIES AND EXCHANGE the proposed information collection is COMMISSION necessary for the proper performance of Chuck Mierzwa, the functions of the agency, including Clearance Officer. whether the information has practical [Release No. 34–48187; File No. SR–NASD– [FR Doc. 03–18686 Filed 7–22–03; 8:45 am] 2003–106] utility; (b) the accuracy of the RRB’s BILLING CODE 7905–01–M estimate of the burden of the collection Self-Regulatory Organizations; Notice of the information; (c) ways to enhance of Filing and Immediate Effectiveness the quality, utility, and clarity of the RAILROAD RETIREMENT BOARD of Proposed Rule Change by National information to be collected; and (d) Association of Securities Dealers, Inc. ways to minimize the burden related to Agency Forms Submitted for OMB Relating to Amendments to Pilot Rule the collection of information on Review in IM–10100(f) and (g) of the Code of respondents, including the use of SUMMARY: In accordance with the Arbitration Procedure To Require automated collection techniques or Paperwork Reduction Act of 1995 (44 Industry Parties in Arbitration To other forms of information technology. U.S.C. chapter 35), the Railroad Waive Application of Contested Title and purpose of information California Arbitrator Disclosure collection: Voluntary Customer Surveys Retirement Board (RRB) has submitted the following proposal(s) for the Standards upon the Request of in Accordance with Executive Order Customers or Associated Persons 12862, OMB 3220–0192. In accordance collection of information to the Office of with Executive Order 12862, the Management and Budget for review and July 16, 2003. approval. Railroad Retirement Board (RRB) Pursuant to section 19(b)(1) of the conducts a number of customer surveys Summary of Proposal(s) Securities Exchange Act of 1934 1 2 designed to determine the kinds and (1) Collection title: Statement of (‘‘Act’’), and Rule 19b–4 thereunder, quality of services our beneficiaries, Claimant or Other Person. notice is hereby given that on July 8, claimants, employers and members of (2) Form(s) submitted: G–93. 2003, the National Association of the public want and expect, as well as (3) OMB Number: 3220–0183. Securities Dealers, Inc. (‘‘NASD’’), their satisfaction with existing RRB (4) Expiration date of current OMB through its wholly owned subsidiary, services. The information collected is clearance: NASD Dispute Resolution, Inc. (‘‘NASD used by RRB management to monitor (5) Type of request: Extension of a Dispute Resolution’’) filed with the customer satisfaction by determining to currently approved collection. Securities and Exchange Commission what extent services are satisfactory and (6) Respondents: Individuals or (‘‘SEC’’ or ‘‘Commission’’) the proposed where and to what extent services can households, business or other for-profit. rule change as described in Items I, II, be improved. The surveys are limited to (7) Estimated annual number of and III below, which Items have been data collections that solicit strictly respondents: 900. prepared by NASD Dispute Resolution. voluntary opinions, and do not collect (8) Total annual responses: 900. NASD has designated the proposed rule information which is required or (9) Total annual reporting hours: 225. change as constituting a ‘‘non- regulated. (10) Collection description: Under controversial’’ rule change pursuant to The information collection, which Section 2 of the Railroad Retirement Act section 19(b)(3)(A) of the Act 3 and Rule was first approved by the Office of and the Railroad Unemployment Management and Budget (OMB) in Insurance Act, pertinent information 1 15 U.S.C. 78s(b)(1). 1997, provides the RRB with a generic and proofs must be submitted by an 2 17 CFR 240.19b–4. clearance authority. This generic applicant so that the Railroad 3 15 U.S.C. 78s(b)(3)(A).

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19b–4(f)(6) thereunder,4 which renders application of the California Standards rule for an additional six-month the proposal effective upon receipt of in that case.] Remainder unchanged. period.7 The pilot rule will expire on this filing by the Commission. The * * * * * September 30, 2003. Commission is publishing this notice to Description of Proposed Rule Change solicit comments on the proposed rule II. Self-Regulatory Organization’s Statement of the Purpose of, and change from interested persons. The proposed rule change would Statutory Basis for, the Proposed Rule amend the pilot rule in several respects. I. Self-Regulatory Organization’s Change First, it would extend the rule to apply Statement of the Terms of Substance of In its filing with the Commission, the Proposed Rule Change to all claims by an associated person NASD included statements concerning against a member firm or another NASD proposes to amend the pilot the purpose of, and basis for, the associated person, as well as to all rule in IM–10100(f) and (g) of the NASD proposed rule change and discussed any customer claims. Currently, the pilot Code of Arbitration Procedure to expand comments it received on the proposed rule only applies to customer claims and clarify the scope of the requirement rule change. The text of these statements and to statutory discrimination claims that industry parties waive application may be examined at the places specified brought by an associated person against of the contested California Arbitrator in Item IV below. NASD has prepared a member firm. As a result, cases Disclosure Standards upon the request summaries, set forth in Sections A, B, involving other claims by associated of customers or associated persons. and C below, of the most significant persons against member firms or other Below is the text of the proposed rule aspects of such statements. associated persons (‘‘industry change. Proposed new language is in A. Self-Regulatory Organization’s respondents’’) cannot proceed if the italics; proposed deletions are in Statement of the Purpose of, and industry respondents do not agree to brackets. Statutory Basis for, the Proposed Rule waive the California Standards. To * * * * * Change permit these cases to move forward, the proposed rule change would expand the 10000. Code of Arbitration Procedure 1. Purpose current pilot rule to require that if an IM–10100. Failure To Act Under Background associated person with a claim against Provisions of Code of Arbitration an industry respondent waives the On July 1, 2002, California introduced Procedure application of the California Standards, new rules governing the arbitration all other industry respondents must also It may be deemed conduct process in that state. The rules were waive the application of the California inconsistent with just and equitable designed to address conflicts of interest Standards in that case. This change is principles of trade and a violation of in private arbitration forums that are not consistent with New York Stock Rule 2110 for a member or a person part of a federal regulatory system Exchange Rule 600(g), and would associated with a member to: overseen on a uniform, national basis by permit claims by associated persons (a)–(e) No change. the SEC. The California Standards against industry respondents in (f) fail to waive the California Rules of conflict with NASD’s current arbitrator California to go forward. Court, Division VI of the Appendix, disclosure rules. Because NASD could entitled, ‘‘Ethics Standards for Neutral not both administer its arbitration The proposed rule change would also Arbitrators in Contractual Arbitration’’ program in accordance with its own provide that, if a customer, or an (the ‘‘California Standards’’), if all the rules and comply with the new associated person with a claim against parties in the case who are customers, California Standards at the same time, an industry respondent, agrees to waive or associated persons with a claim NASD initially suspended the the application of the California against a member firm or another appointment of arbitrators in cases in Standards, and an industry respondent associated person, have waived California, but offered parties several has not signed and returned a waiver application of the California Standards options for pursuing their cases.5 form, the industry respondent will be in that case. The written waiver by the In September 2002, NASD proposed deemed to have waived the application customer or the associated person implementation on an accelerated basis of the standards in that case. Currently, asserting the claim against a member or of a six-month pilot amendment to IM– NASD requires member firms and associated person under the Code shall 10100 that would require all parties that associated persons covered by the rule constitute and operate as a waiver for are member firms or associated persons to sign and return the waiver agreement. all member firms or associated persons to waive the California Standards if all NASD staff often must call industry against whom the claim has been filed. the parties in the case who are respondents to remind them to send in This rule applies to claims brought in customers, or associated persons with a their waiver forms. When execution of California against all member firms and statutory employment discrimination the agreement by the respondent associated persons, including claim, have waived application of the member or associated person is terminated or otherwise inactive California Standards in that case. Under mandatory under the rule, this member firms or associated persons. [; such a waiver, the case would proceed requirement adds an unnecessary or in California. The Commission administrative step to the arbitration (g) fail to waive the California approved the proposed rule change for process. Therefore, NASD is proposing Standards, if all the parties in the case a six-month period ending March 30, to amend the pilot rule to provide, as who are associated persons with a claim 2003,6 and recently extended the pilot NYSE Rule 600(g) currently does, that a alleging employment discrimination, written waiver by a customer or an including a sexual harassment claim, in 5 These measures included providing venue associated person who is asserting a violation of a statute have waived changes for arbitration cases, using non-California claim against a member or associated arbitrators when appropriate, and waiving person under the Code will constitute a administrative fees for NASD-sponsored waiver for all member firms or 4 17 CFR 240.19b–4. In its filing, NASD requested mediations. that the Commission waive the rule’s requirements 6 See Securities Exchange Act Release No. 46562 of a five-day pre-filing notice and a 30-day (September 26, 2002), 67 FR 62085 (October 3, 7 See Securities Exchange Act Release No. 47631 operative delay. 2002). (April 3, 2002) 68 FR 17713 (April 10, 2003).

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associated persons against whom the C. Self-Regulatory Organization’s or appropriate in the public interest, for claim has been filed.8 Statement on Comments on the the protection of investors, or would Finally, NASD is proposing to amend Proposed Rule Change Received From otherwise further the purposes of the the pilot rule to clarify that it applies to Members, Participants, or Others Act. respondents who are terminated Written comments were neither IV. Solicitation of Comments 9 solicited nor received. members and associated persons. As of Interested persons are invited to June 5, 2003, there were 33 cases in III. Date of Effectiveness of the submit written data, views, and which all customers and active industry Proposed Rule Change and Timing for arguments concerning the foregoing, parties had signed waivers, but the Commission Action including whether the proposal is terminated members or associated NASD has designated the proposed consistent with the Act. Persons making persons had not signed. Another 51 written submissions should file six pending cases involved both active and rule change as one that: (i) Does not significantly affect the protection of copies thereof with the Secretary, terminated industry parties that had not Securities and Exchange Commission, yet signed waivers; these cases could investors or the public interest; (ii) does not impose any significant burden on 450 Fifth Street, NW., Washington, DC not proceed even if the active industry competition; and (iii) does not become 20549–0609. Copies of the submission, parties were deemed to have waived, operative for 30 days from the date on all subsequent amendments, all written unless the rule covered terminated which it was filed, or such shorter time statements with respect to the proposed parties. The proposed rule change will as the Commission may designate, if rule change that are filed with the eliminate any confusion regarding the consistent with the protection of Commission, and all written scope of the rule and will facilitate the investors and the public interest. A communications relating to the administration of cases against such proposed rule change filed under Rule proposed rule change between the parties in California while the rule is in 19b–4(f)(6) normally requires that a self- Commission and any person, other than effect. regulatory organization give the those that may be withheld from the public in accordance with the 2. Statutory Basis Commission written notice of its intent to file the proposed rule change, along provisions of 5 U.S.C. 552, will be NASD Dispute Resolution believes with a brief description and text of the available for inspection and copying in that the proposed rule change as proposed rule change, at least five the Commission’s Public Reference amended is consistent with the business days prior to the date of filing Room. Copies of such filing will also be provisions of section 15A(b) of the of the proposed rule change. However, available for inspection and copying at Exchange Act,10 in general, and furthers Rule 19b–4(f)(6)(iii) permits the the principal office of the NASD. All the objectives of section 15A(b)(6),11 in Commission to designate a shorter time. submissions should refer to File No. particular, which requires, among other NASD seeks to have the five-business- SR–NASD–2003–106 and should be things, that the NASD’s rules must be day pre-filing requirement waived with submitted by August 13, 2003. designed to prevent fraudulent and respect to the proposed rule change. The For the Commission, by the Division of manipulative acts and practices, to Commission has determined to waive Market Regulation, pursuant to delegated 15 promote just and equitable principles of the five-business-day pre-filing authority. trade, and, in general, to protect requirement with respect to this Margaret H. McFarland, investors and the public interest. NASD proposal. Therefore, the foregoing rule Deputy Secretary. believes that the proposed rule change change has become effective pursuant to [FR Doc. 03–18653 Filed 7–22–03; 8:45 am] 12 will allow customers and associated section 19(b)(3)(A) of the Act and BILLING CODE 8010–01–P persons with claims against a member Rule 19b–4(f)(6) thereunder.13 firm or another associated person to Pursuant to Rule 19b–4(f)(6)(iii) under 14 exercise their contractual rights to the Act, the proposal may not become SECURITIES AND EXCHANGE proceed in arbitration in California, operative for 30 days after the date of its COMMISSION filing, or such shorter time as the notwithstanding the confusion caused [Release No. 34–48191; File No. SR–OC– by the disputed California Standards. Commission may designate if consistent 2003–06] with the protection of investors and the B. Self-Regulatory Organization’s public interest. NASD has requested Self-Regulatory Organizations; Notice Statement on Burden on Competition that the Commission waive the 30-day of Filing and Immediate Effectiveness operative delay so that the proposed of Proposed Rule Change by NASD does not believe that the rule change will become immediately OneChicago, LLC Relating to proposed rule change will result in any effective upon filing. The Commission MicroSector Futures burden on competition that is not believes that waiving the 30-day necessary or appropriate in furtherance operative delay is consistent with the July 17, 2003. of the purposes of the Act, as amended. protection of investors and the public Pursuant to section 19(b)(7) of the interest to waive the 30-day period and Securities Exchange Act of 1934 8 The NASD amended this paragraph as it was to designate that the proposed rule (‘‘Act’’),1 and Rule 19b–7 under the originally filed to delete a phrase it inadvertently change has become operative as of July Act,2 notice is hereby given that on June included. Telephone call between Laura Gansler, 20, 2003, OneChicago, LLC Counsel, NASD Dispute Resolution, and Andrew 14, 2003. Shipe, Special Counsel, Division of Market At any time within 60 days of the (‘‘OneChicago’’) filed with the Securities Regulation, Commission, dated July 14, 2003. filing of the proposed rule change, the and Exchange Commission (‘‘SEC’’ or 9 An associated person or member firm’s Commission may summarily abrogate ‘‘Commission’’) the proposed rule obligation to arbitrate under the NASD Code of the rule change if it appears to the change described in Items I and II Arbitration Procedure survives resignation or termination from membership. See O’Neel v. NASD, Commission that the action is necessary below, which Items have been prepared 667 F. 2d 804 (9th Cir. 1982); Muh v. Newburger, Loeb & Co., Inc., 540 F.2d 970 (9th Cir. 1976). 12 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 200.30–3(a)(12). 10 15 U.S.C. 78o–3(b). 13 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(7). 11 15 U.S.C. 78o–3(b)(6). 14 17 CFR 240.19b–4(f)(6)(iii). 2 17 CFR 240.19b–7.

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by OneChicago.3 The Commission is (e) Each of its component securities Selection Date is at least 100,000 publishing this notice to solicit must have a trading history on a U.S. receipts; and comments on the proposed rule changes exchange for at least 12 months. (C) The daily trading volume for the from interested persons. OneChicago (f) Each of its component securities ADR is at least 60,000 receipts in the also filed the proposed rule change with must have a ‘‘float market U.S. markets on a majority of the the Commodity Futures Trading capitalization’’ of at least one billion trading days for the three-month period Commission (‘‘CFTC’’), together with dollars. preceding the Selection Date; written certifications under Section (g) Each of its component securities (4) The Securities and Exchange 5c(c) of the Commodity Exchange Act close at or above $7.50 for each of the Commission and Commodity Futures (‘‘CEA’’)4 on June 19, 2003. trading days in the three months prior Trading Commission have otherwise to selection for the index. authorized the listing; or I. Self-Regulatory Organization’s (h) Subject to (g), (i) and (k) below, (5) Foreign securities or ADRs thereon Description of the Proposed Rule component securities that account for at that are not subject to comprehensive Change least 90 per cent of the total index surveillance sharing agreements must OneChicago is proposing to establish weight and at least 80 per cent of the not represent more than 20% of the listing standards and amend its rules total number of component securities in weight of the index. providing position limits, final the index must meet the requirements (l) The current underlying index value settlement prices for futures on cash- for listing a single-security future must be reported at least once every 15 settled narrow-based security indices, contract, as set forth in Section I. seconds during the time the MicroSector and employee confidentiality all of (i) Each of its component securities futures product is traded on which are attached to the proposed rule must have an average daily trading OneChicago. change. The text of the proposed rule volume in each of the preceding 12 (m) An index underlying a change follows; additions are italicized; months prior to selection for inclusion MicroSector future must be deletions are [bracketed]. in the index greater than 109,000 shares reconstituted and rebalanced if the * * * * * (an ADR must have an average daily notional value of the largest component trading volume greater than 100,000 is at least twice the notional volume of LISTING STANDARDS receipts). the smallest component for 50 per cent For MicroSectors (j) Each of its component securities or more of the trading days in the three must be (1) listed on an Exchange or CASH SETTLED NARROW-BASED months prior to December 31 of each traded through the facilities of an INDEX FUTURES year. For purposes of this provision the Association and (2) reported as an NMS ‘‘notional value’’ is the market price of V. Initial eligibility criteria for a security. the component times the number of MicroSector security futures product, (k)(1) OneChicago must have in place shares of the underlying component in based on an index composed of two or an effective surveillance sharing the index. Reconstitution and more securities. agreement with the primary exchange in rebalancing are also mandatory if the A. For a cash settled Dow Jones the home country where the stock number of component securities in the MicroSector security futures product, underlying each component ADR is index is greater than five at the time of the Dow Jones MicroSector Index must: traded; (i) Meet the definition of a narrow- rebalancing. In addition, OneChicago (2) The combined trading volume of reserves the right to rebalance quarterly based security index in Section 1a(25) of each component ADR and other related the Commodity Exchange Act and at its discretion. ADRs and securities in the U.S. ADR (n) The MicroSector futures products Section 3(a)(55) of the Exchange Act; market, or in markets with which will be AM settled. and OneChicago has in place an effective (o) The initial indexes underlying (ii) Meet the following requirements: surveillance sharing agreement, (a) It must be approximately equal MicroSector futures products will be represents (on a share equivalent basis) created only for industry groups that dollar-weighted composed of one or at least 50% of the combined worldwide more securities in which each have five or more qualifying securities. trading volume in the ADR, the security component security will be weighted VI. Maintenance standards for a underlying the ADR, other classes of equally based on its market price on the MicroSector futures product based on common stock related to the underlying Selection Date. an index composed of two or more (b) Each of its component securities security, and ADRs overlying such other securities. must be registered under Section 12 of stock over the three-month period A. OneChicago will not open for the Exchange Act. preceding the dates of selection of the trading MicroSector futures products (c) Each of its component securities ADR for futures trading (‘‘Selection that are cash settled based on an index must be a component security in the Date’’); composed of two or more securities with Dow Jones U.S. Total Market Index or (3)(A) The combined trading volume a new delivery month unless the an ADR linked to a security in the Dow of each component ADR and other underlying index: Jones Global Index. related ADRs and securities in the U.S. (i) Meets the definition of a narrow- (d) Each of its component securities ADR market, and in markets with which based security index in Section 1a(25) of must be the subject of a U.S. exchange- OneChicago has in place an effective the Commodity Exchange Act and traded option on the date of selection surveillance sharing agreement, Section 3(a)(55) of the Exchange Act; for inclusion in the index. represents (on a share equivalent basis) and at least 20% of the combined worldwide (ii) Meets the following requirements: 3 With the permission of OneChicago, the trading volume in the ADR and in other (a) All of its component securities Commission made a typographical, non-substantive related ADRs and securities over the must be registered under Section 12 of correction to the text of the proposed rule change. three-month period preceding the the Exchange Act; See telephone conversation between Madge Selection Date; (b) Subject to (d) and (i) below, Hamilton, Deputy General Counsel, OneChicago and Andrew Shipe, Special Counsel, Division of (B) The average daily trading volume component securities that account for at Market Regulation, Commission, July 7, 2003. for the ADR in the U.S. markets over the least 90 per cent of the total index 4 7 U.S.C. 7a–2(c). three-month period preceding the weight and at least 80 per cent of the

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total number of component securities in surveillance sharing agreement, (b) No officer, employee or agent of the index must meet the requirements represents (on a share equivalent basis) the Exchange shall (i) trade in any for listing a single-security future, as set at least 50 per cent of the combined commodity interest or security if such forth in Section I. worldwide trading volume in the ADR, officer, employee or agent has access to (c) Each component security in the the security underlying the ADR, other material non-public information index must have a market capitalization classes of common stock related to the concerning such commodity interest or of at least $75 million, except that each underlying security, and ADRs overlying security (ii) disclose to any other Person of the lowest weighted component such other stock over the three-month material non public information securities that in the aggregate account period preceding the dates of selection obtained in connection with such for no more than 10 per cent of the of the ADR for futures trading employee’s, officer’s or agent’s weight of the index may have a market (‘‘Selection Date’’); employment, if such employee, officer capitalization of only $50 million. (3)(a) The combined trading volume or agent could reasonably expect that (d) The average daily trading volume of the ADR and other related ADRs and such information may assist another in each of the preceding six months for securities in the U.S. ADR market, and Person in trading any commodity each component security in the index in markets with which OneChicago has interest. must be at least 22,750 shares or in place an effective surveillance (c) For purposes of this Rule 210, the receipts, except that each of the lowest sharing agreement, represents (on a terms ‘‘employee,’’ ‘‘material weighted component securities in the share equivalent basis) at least 20 per information,’’ ‘‘non-public information’’ index that in the aggregate account for cent of the combined worldwide trading and ‘‘commodity interest’’ shall have no more than 10 per cent of the weight volume in the ADR and in other related the meanings ascribed to them in of the index may have an average daily ADRs and securities over the three- Commission Regulation § 1.59. For trading volume of at least 18,200 shares month period preceding the Selection purposes of this Rule 210, the term for each of the last six months. Date; ‘‘security’’ shall have the meaning (e) Each component security in the (b) The average daily trading volume ascribed to it in Section 3(a)(10) of the index must be (1) listed on an Exchange for the ADR in the U.S. markets over the Exchange Act. or traded through the facilities of an three-month period preceding the Association and (2) reported as an NMS Selection Date is at least 100,000 * * * * * security. receipts; and Rule 1002 Contract Specifications (f) The current underlying index value (c) The daily trading volume for the must be reported at least once every 15 ADR is at least 60,000 receipts in the (a)–(d) No Change seconds during the time the security U.S. markets on a majority of the (e) Position Limit. (1) Pursuant to [For futures product is traded on trading days for the three-month period purposes of] Rule 414(a), [the position OneChicago. preceding the Selection Date; limit applicable to positions in any] the (g) An approximately equal dollar (4) The Securities and Exchange Exchange shall establish speculative weighted index underlying a Commission and Commodity Futures position limits for each cash-settled MicroSector future must be Trading Commission have otherwise Stock Index Future held during the last reconstituted and rebalanced if the authorized the listing, or five trading days of an expiring contract notional value of the largest component (5) Foreign securities or ADRs thereon month, [shall be] determined according is at least twice the notional volume of that are not subject to comprehensive to the methodology set forth in the smallest component for 50 per cent surveillance sharing agreements must subparagraph (2). or more of the trading days in the three not represent more than 20 per cent of (2) The position limit for each cash- months prior to December 31 of each the weight of the index. settled Stock Index Future shall be the year. For purposes of this provision the B. (1) If the foregoing maintenance number of contracts calculated ‘‘notional value’’ is the market price of standards are not satisfied prior to according to formula (A) ‘‘Market Cap the component times the number of opening a MicroSector futures product Position Limit’’ or (B) ‘‘SSF Position shares of the underlying component in with a new delivery month, OneChicago Limit’’ below, whichever is less, rounded the index. Reconstitution and will either (i) replace the component to the nearest multiple of 1,000 rebalancing are also mandatory if the security or securities that fail to meet contracts; provided, however, that if number of component securities in the the maintenance standards with a formula (A) or (B), whichever is less, index is greater than five at the time of security or securities that qualify under calculates a number less than 500 but rebalancing. In addition, OneChicago the initial listing standards for not less than 400 for any such Future, reserves the right to rebalance quarterly MicroSector futures products set forth in the position limit will be 1,000 at its discretion. Section V, or (ii) receive the approval of contracts. (h) The total number of component the Securities and Exchange (A) ‘‘Market Cap Position Limit’’ securities in the index must not increase Commission and the Commodity i. The Exchange will determine the or decrease by more than 331⁄3% from Futures Trading Commission. market capitalization of the Standard & the number of component securities in * * * * * Poor’s 500 index (the ‘‘S&P 500’’) as of the index at the time of its initial listing. the selection date for the component (i)(1) OneChicago must have in place 210. Confidentiality securities in an underlying Stock Index an effective surveillance sharing (a) No member of the Board or any (the ‘‘Selection Date’’) (the ‘‘S&P 500 agreement with the primary exchange in committee established by the Board or Market Cap’’); then the home country where the stock the Rules of the Exchange shall use or ii. The Exchange will calculate the underlying each component ADR is disclose any material non-public notional value of a future position in traded; information, obtained in connection CME’s S&P 500 futures contract at its (2) The combined trading volume of with such member’s participation in the maximum limit (the ‘‘S&P 500 Notional each component ADR and other related Board or such committee, for any Value Limit’’) by multiplying the S&P ADRs and securities in the U.S. ADR purpose other than the performance of 500 by the position limit for Chicago market, or in markets with which his or her official duties as a member of Mercantile Exchange’s (‘‘CME’’) S&P OneChicago has in place an effective the Board or such committee. 500 futures (20,000 contracts in all

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months combined) and by the S&P 500 that component security (if such single association that lists the security. If the contract multiplier ($250) to calculate: stock futures contract existed). If the security is not listed on a national S&P 500 Notional Value Limit = S&P security qualifies for position securities exchange or a national 500 * 20,000 * $250; then accountability, ignore that security for securities association, then ‘‘opening iii. The Exchange will divide the S&P purposes of this calculation. price’’ shall mean the price at which a 500 Market Cap by the S&P 500 vi. The Exchange will list the results security opened for trading on the Notional Value Limit to calculate the of (B)(iv) and (B)(v). The SSF Position primary market for the security. Under ‘‘Market Cap Ratio’’: Limit is the minimum number of this provision, if a component security Market Cap Ratio = implied contracts based on this list. is an American Depository Receipt S&P 500 Market Cap (f)–(h) No Change (‘‘ADR’’) traded on a national securities S&P 500 Notional Value Limit then (i) Settlement Price. exchange or national securities (1) Daily Settlement Price. The daily iv. The Exchange will calculate the association, the opening price for the settlement price for cash-settled Stock ADR would be derived from the national market capitalization of the Stock Index Index Futures will be calculated in the by adding together the market securities exchange or national same manner as Rule 902(j). securities association that lists it. capitalization of each stock comprising (2) Final Settlement Price. (A) The the Stock Index (the ‘‘Stock Index (ii) ‘‘Special opening quotation’’ final settlement price for cash-settled means the Stock Index value that is Market Cap’’); then Stock Index Futures shall be determined v. The Exchange will calculate the derived from the sum of the opening on the third Friday of the contract prices of each security of the Stock notional value of the Stock Index Future month. If the Exchange is not open for (the ‘‘Notional Value’’) as follows: Index. business on the third Friday of the (iii) ‘‘Regular trading session’’ of a Notional Value = contract month, the final settlement security means the normal hours for Stock Index level * contract multiplier price shall be determined on the business of a national securities vi. The Exchange will calculate the Business Day prior to the third Friday of exchange or national securities Market Cap Position Limit of the Stock the contract month. The final settlement association that lists the security. Index by dividing the Stock Index price for cash-settled Stock Index (iv) The price of a security is ‘‘not Market Cap by the product of the Futures shall be based on a special readily available’’ if the national Notional Value of the Stock Index opening quotation of the underlying securities exchange or national Future and the Market Cap Ratio: stock index (‘‘Stock Index’’). securities association that lists the Market Cap Position Limit = Stock (B) Notwithstanding subparagraph security does not open on the day Index Market Cap (2)(A) of this Rule, if an opening price scheduled for determination of the final Notional Value * Market Cap Ratio for one or more securities underlying a settlement price, or if the security does (B) ‘‘SSF Position Limit’’ Stock Index Future is not readily not trade on the securities exchange or i. The Exchange will calculate the available, the Chief Executive Officer of national securities association that lists notional value of the Stock Index Future the Exchange or his designee for such the security during regular trading (same as (A)(v) above): purpose (referred to hereafter in this hours. Notional Value = Stock Index level * Rule 1002(i) as the ‘‘Designated (D) Notwithstanding any other contract multiplier Officer’’) will determine whether the provision of this Rule, this Rule shall security or securities are likely to open ii. For each component security in the not be used to calculate the final within a reasonable time. Stock Index, the Exchange will multiply settlement price of a Stock Index Future (i) If the Designated Officer if The Options Clearing Corporation its index weight* by the Notional Value determines that one or more component to determine that security’s proportion fixes the final settlement price of such securities are not likely to open within Stock Index Future in accordance with of the Stock Index Future. a reasonable time, then for the iii. For each component security, the its rules and by-laws and as permitted component security or securities which Exchange will divide the result in (B)(ii) by Commission Regulation § 41.25(b) the Designated Officer determined were by the security’s price. This equals the and SEC Rule 6h–1(b)(3). not likely to open within a reasonable number of shares of that security time, the last trading price of the * * * * * represented in the Stock Index contract. underlying security or securities during iv. For each component security, the II. Self-Regulatory Organization’s the most recent regular trading session Exchange will divide the number of Statement of the Purpose of, and for such security or securities will be shares calculated in (B)(iii) by 100 to Statutory Basis for, the Proposed Rule used to calculate the special opening obtain the implied number of 100-share Change quotation. contracts per Stock Index Future OneChicago has prepared statements (ii) If the Designated Officer contract. concerning the purpose of, and statutory determines that the security or securities v. The Exchange will divide the basis for, the proposed rules, burdens on are likely to open within a reasonable applicable single stock futures contract competition, and comments received time, then for the component security or speculative position limit set in from members, participants, and others. securities which the Designated Officer Commission Regulation 41.25(a)(3) These statements are set forth in determined were likely to open within a (either 13,500 or 22,500 contracts) by Sections A, B, and C below. reasonable time, the next available the number of implied 100-share opening price of such security or A. Self-Regulatory Organization’s contracts. This provides the number of securities will be used to calculate the Statement of the Purpose of, and Stock Index Futures contracts that could special opening quotation. Statutory Basis for, the Proposed Rule be held without violating the speculative (C) For purposes of this provision: Change position limit on a futures contract on (i) ‘‘Opening price’’ means the official price at which a security opened for 1. Purpose *Index weight of the component security = (assigned shares * price) of the component security trading during the regular trading The proposed rule change would / the sum of (assigned shares * price) for each session of the national securities establish listing standards (‘‘Listing component security. exchange or national securities Standards’’) for cash-settled futures on

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narrow-based security indices that • Be a common stock or an American months prior to the Selection Date. would trade under the brand name Depositary Receipt (‘‘ADR’’) Reconstitution and rebalancing are ‘‘OneChicago Dow Jones MicroSector representing common stock or ordinary mandatory if, as a result of spin-offs or Futures’’ (‘‘MicroSector Futures’’). The shares; other corporate action, the number of proposed rule change would also amend • Be a component security in the Dow component securities in the index OneChicago Rule 1002(e) relating to Jones U.S. Total Market Index or an exceeds five. OneChicago also reserves position limits, Rule 1002(i) relating to ADR linked to a company in the Dow the right to rebalance quarterly at its the final settlement price of MicroSector Jones Global Index SM ;8 discretion. Futures and Rule 210 relating to • Have U.S. exchange-traded options Corporate Actions employee confidentiality. on the security; • Dow Jones & Company, Inc. (‘‘Dow Have a trading history on a U.S. In the event Dow Jones needs to Jones’’) with the assistance of exchange for at least 12 months; remove a stock from a Dow Jones • OneChicago will maintain the Dow Have a ‘‘float market MicroSector as a result of a bankruptcy, Jones MicroSector Index on which each capitalization’’ 9 of at least one billion ten consecutive no-trade days, delisting MicroSector Futures is based in a dollars; 10 from NYSE, Nasdaq, or Amex, or • manner consistent with the proposed Have at least seven million shares financial distress, Dow Jones will add a Listing Standards.5 Each Dow Jones or receipts evidencing the underlying replacement security on the effective MicroSector Index will initially be security outstanding that are owned by date of the removal to maintain a total comprised of five component securities, persons other than those required to of five component securities in the which will be approximately equal report their security holdings pursuant index. If a Dow Jones MicroSector falls dollar weighted. The five component to Section 16(a) of the Act; 11 * below four stocks, either Dow Jones will • securities will be selected based on their Have at least 2,000 security replace the component securities to market capitalization, option volume, holders;* bring the number of component • dollar volume and correlation to one Close at or above $7.50 for each of securities in the index back up to five another within an industry group as the trading days in the three months or OneChicago will delist the related defined by the Dow Jones Global prior to the Selection Date; and MicroSector Future. Classification Standard. • Have an average daily trading volume (‘‘ADTV’’) for each of the 12 Corporate actions affecting the price Weighting of Dow Jones MicroSectors months prior to the Selection Date of the component securities in a Dow The initial notional value of each Dow greater than 109,000 shares (an ADR Jones MicroSector (e.g., splits and Jones MicroSector Index will be must have an ADTV greater than dividends) will require an adjustment of $40,000. Share lots will be created to 100,000 receipts). the share lots to maintain index ‘‘approximate equal dollar weighting’’ A Dow Jones MicroSector will only be integrity. The adjustments will be made for each component security in a Dow created if five or more securities in an before the open of trade on the effective Jones MicroSector Index. Therefore, the eligible industry group qualify under date of the action. All adjustments to the aggregate market value of the shares in the foregoing criteria. share lots will preserve the weighting each share lot will initially equal prior to and after the corporate event, Reconstitution and Rebalancing the $8,000.6 causing no change to the index level or Index divisor. When a component security is Composition of Dow Jones MicroSector Under the proposed Listing removed from a Dow Jones MicroSector Indexes Standards, a Dow Jones MicroSector due to a merger, the common stock of The proposed Listing Standards Index will be reconstituted and the acquiring company will replace the require each security to meet all of the rebalanced if the aggregate market value component security in the index and following qualifications to be included of the largest component is at least twice will be kept in the index until the next in a Dow Jones MicroSector Index: the aggregate market value of the Selection Date. • Be registered under section 12 of smallest component for 50 percent or The following is a chart of how the Exchange Act;* 7 more of the trading days in the three corporate actions will be handled:

CORPORATE ACTIONS

Type Adjustments Notes Action Company Close price/action Share lot

Special Cash Divi- Component of Adj. Close=Prev. Close ¥ Adj. Share Lot=(Share Lot* dend. Index. Dividend. Prev Close)/Adj. Close.

Stock Split or Divi- Component of Adj. Close=Prev. Close/Ad- Adj. Share Lot=Prev. Share Adjustment Factor=number of new dend. Index. justment Factor. Lot* Adjustment Factor. shares for one old share

5 In conjunction with the proposed rule change, ‘‘Selection Date’’) carried out to eight decimal 9 ‘‘Float market capitalization’’ is the aggregate OneChicago is amending Rule 210 to prevent places. market value of the outstanding shares of the issuer potential misuse by OneChicago staff of material, 7 OneChicago (not the index calculation agent, which are available for trading by the public and non-public information in connection with the Dow Jones) is responsible for ensuring that the does not include the market value of shares which maintenance of the Dow Jones MicroSector Indexes. components of the Dow Jones MicroSector Indexes are subject to trading restrictions. comply with the criteria identified by an asterisk 6 10 The number of shares will be calculated by (*). All market capitalization data is based on dividing the initial notional dollar value of each 8 Component securities in these indices are listed closing prices, number of outstanding shares, and share lot ($8,000) by the closing price of the stock on the New York Stock Exchange, Inc. (‘‘NYSE’’), number of shares available for trading by the public on the date on which the terms of the Dow Jones the American Stock Exchange LLC (‘‘Amex’’) or the as of the Selection Date. MicroSector Index are finalized or adjusted (the Nasdaq Stock Market, Inc. (‘‘Nasdaq’’). 11 15 U.S.C. 78p(a).

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CORPORATE ACTIONS—Continued

Type Adjustments Notes Action Company Close price/action Share lot

Spin Off ...... Component of Adj. Close=Close¥(Ratio * Ratio=number of shares of spun-off Index (A). Spun off company’s Price). company received for every share of parent company owned. Spun-off company be added at a weight such that the market capitalization of the two companies after the event is equal to the market capital- ization of the parent prior to the event.

Spun Off Company ADDED ...... Share Lot=((Share Lot A* (B). Prev. Close A)¥(Adj. Share Lot A*Adj. Close A))/Close B.

Two Components Remaining Compa- Adj. Share Lot=Share Lot + All remaining companies will be ad- Merge in an All nies (A). B’s Share Lot)/number of justed using the formula to the left. Stock, Cash or remaining components)/ Their shares will increase based on Combination Deal. A’s Close. their price so as to distribute the weight of the acquired company evenly.

Acquired Company DELETED (B).

A Non-Component Acquirer (A) ...... ADDED ...... Adj. Share Lot=(B’s Share The acquiring company will replace Takes Over a Lot * B’s Close)/A’s Close. the acquired company in the index Component. and the share lot will be adjusted.

Acquired Compo- DELETED nent of Index (B).

Rights Issue ...... Component of Adj. Close=(Close+(Ratio * Adj. Share Lot=(Close * Ratio=number of rights received for 1 Index (A). Subscription Price))/ Share Lot)/Adj. Close. share of A. (1+Ratio).

Extraordinary Re- Replacement Com- ADDED ...... Adj. Share Lot=(B’s Share Component B may be removed for: moval. pany (A). Lot * B’s Close) A’s Close. Bankruptcy proceedings, financial distress (as determined by Dow Jones), delisting from a primary ex- change (NYSE, Nasdaq, Amex), or illiquidity (10 consecutive no-trade days). Replacement A would be the highest ranked (as of the most re- cent Selection Date) of the remain- ing securities in the industry group which qualify for inclusion.

Component of DELETED Index (B).

Position Limits market capitalization of the Chicago result of either calculation is less than Mercantile Exchange (‘‘CME’’) position 500, but not less than 400 for any such The proposed rule change to Rule limit for its futures contract on the S&P Future, the position limit will be 1002(e) provides the methodology to 500 Index (referred to herein as the rounded up to 1,000 contracts. calculate position limits 12 for any cash- ‘‘Market Cap Method’’), and the other is Under the Market Cap Method, the settled futures contract on a narrow- based on the current position limit Exchange would determine the market based security index (‘‘Stock Index’’), permitted for single stock futures under capitalization of the S&P 500 Index,14 including the MicroSector Futures. The CFTC Regulation 41.2513 (referred to then calculate the notional value of a Exchange would calculate two numbers: herein as the ‘‘SSF Limit Method’’). The position at the limit of the CME’s S&P One is based on the market Exchange would impose a position limit 500 Index futures contract (the ‘‘S&P capitalization of each Stock Index future on each Stock Index future equal to the 500 Notional Value Limit’’) 15 and and the notional value compared to the lower number calculated by the two methods rounded to the nearest 1,000 14 The Exchange will calculate the market 12 Consistent with CFTC Regulation 41.25, capitalization as of the Selection Date. position limits apply to positions in any cash- contracts; provided, however, that if the 15 The speculative position limit for the CME’s settled stock index future held during the last five S&P 500 Index futures contract is 20,000 contracts trading days of an expiring contract. 13 17 CFR 41.25. (in all months combined) and the contract

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divide the first amount by the second to OneChicago also proposes to add Section 6(h)(3)(C) of the Act 28 determine the market capitalization paragraph (i) to Rule 1002 to establish requires that OneChicago’s Listing ratio (the ‘‘Ratio’’).16 The Exchange how the final settlement price will be Standards for MicroSector Futures be no would then determine the market calculated for Stock Index futures, less restrictive than comparable listing capitalization and the Notional Value of including MicroSector Futures. Under standards for options traded on a the Stock Index. To calculate the Market the proposed rule change to Rule national securities exchange. On Cap Method number, the Exchange 1002(i), a special opening quotation September 5, 2001, the SEC Division of would divide the market capitalization (‘‘SOQ’’) of the relevant Stock Index will Market Regulation (the ‘‘Division’’) of the Stock Index by the contract size be calculated using the opening price of published Staff Legal Bulletin No. 15 of the Stock Index futures multiplied by each component stock. When all of the (‘‘Bulletin No. 15’’) 29 to offer guidance the Ratio.17 component stocks have opened, the on how a securities exchange can satisfy Under the SSF Limit Method, the final SOQ will be calculated and this requirement. One Chicago states Exchange would calculate the Notional disseminated. that the proposed Listing Standards Value of the Stock Index Future.18 For If the price of a component security or follow the model listing standards in each component security in the Stock securities is not readily available 22 on Bulletin No. 15 with a few Index, the Exchange would multiply the the day scheduled for determination of modifications to tailor the Listing index weight of the component the final settlement price, the price of Standards to this particular product. security 19 by the Notional Value to the component security or securities First, under the proposed Listing determine the security’s proportion of shall be based on the next available Standards, OneChicago notes that the the Stock Index futures (‘‘Share opening price of that security unless the component securities of the Dow Jones Weighting’’). The Exchange would then Chief Executive Officer or his designee MicroSector Indices must have a ‘‘float divide each security’s Share Weighting for such purposes (‘‘Designated market capitalization’’ of at least one by its price to calculate the number of Officer’’) determines that such security billion dollars.30 In contrast, the model shares of that security represented in the or securities will not open within a listing standards in Bulletin No. 15 state Stock Index futures contract (‘‘Implied reasonable time. If the Designated that component securities of an index Shares’’). The Exchange would then, for Officer makes such a determination, the have a minimum market capitalization 31 each component security in the Stock price of the relevant component security of only $75 million. Second, Index, divide the Implied Shares by 100 or securities for purposes of calculating OneChicago notes that the proposed to obtain the implied number of 100- the final settlement price, will be the Listing Standards require that the share contracts of each component price of the security or securities during component securities of a Dow Jones security in each Stock Index future the most recent regular trading session MicroSector Index have an ADTV of contract. The Exchange would divide for such security or securities. 109,000 shares in each of the preceding 32 the applicable single stock futures Proposed Rule 1002(i) also provides 12 months, whereas the model listing position limit permitted under CFTC standards in Bulletin No. 15 suggest that 20 that the Rule shall not be used to Regulation 41.25(a)(3) (either 13,500 calculate the final settlement price of a each component security have an ADTV or 22,500 contracts) for each component of only 45,500 shares for each of the Stock Index futures if The Options 33 security by the number of implied 100- Clearing Corporation (‘‘OCC’’) fixes the preceding six months. Since the only index weighting share contracts. This equals the number final settlement price of the Stock Index methodology that will be permitted for of Stock Index futures contracts that future in accordance with OCC’s rules could be held without exceeding the Dow Jones MicroSector Indices is and By-Laws and as permitted under the speculative position limit on a futures approximate equal dollar weighted, no Commission’s Rule 6h-1(b)(3) 23 and contract on the component security references to other types of index CFTC Regulation 41.25.24 (‘‘Implied SSF Speculative Limit’’). If a weighting methodologies in the model CFMA Listing Standard Requirements component security qualified for listing standards in Bulletin No. 15 were for Security Futures position accountability under CFTC incorporated into the Proposed Listing Section 6(h) of the Act 25 requires that Regulation 41.25(a)(3),21 this step would Standards.34 Another modification from certain standards be met for an be ignored for that security for purposes the model listing standards in Bulletin exchange to trade security futures of this calculation. After calculating the No. 15 was made in the proposed products (‘‘SFPs’’). The proposed rule Implied SSF Speculative Limit for each change meets these standards. First, 28 15 U.S.C. 78f(h)(3)(C). security in the Stock Index, the 26 section 6(h)(3)(A) of the Act requires 29 Exchange identifies the lowest Implied U.S. Securities and Exchange Commission, that each security underlying a SFP Division of Market Regulation: Staff Legal Bulletin SSF Speculative Limit as the position must be registered pursuant to section No. 15 (September 5, 2001). limit for such futures contract under the 30 12 of the Act. Both the initial and See proposed Listing Standard requirement SSF Limit Method. V.A.ii.f. maintenance Listing Standards for Final Settlement Price 31 See Bulletin No. 15 model listing standard MicroSector Futures meet this III.A.ii.d. Under this listing standard, each of the 27 lowest weighted securities in the index that in the multiplier is $250. S&P 500 Notional Value Limit requirement. aggregate account for no more than 10 per cent of = Index * 20,000 * 250. the weight of the index may have a minimum 16 22 Ratio = Market Capitalization of S&P 500 Index Under proposed Rule 1002(i)(2)(C)(iv), the market capitalization of $50 million. / S&P 500 Notional Value Limit. price of a security is ‘‘not readily available’’ if the 32 See proposed Listing Standard requirement 17 Market Capitalization Methodology number = underlying market does not open on the date set for V.A.ii.i. determination of the final settlement price or if the market capitalization of the Stock Index / (contract 33 See Bulletin No. 15 listing standard III.A.ii.e. security does not trade on such securities exchange size of the Stock Index Future * Ratio). Under this listing standard, each of the lowest 18 or national securities association during regular Notional Value = index level * contract weighted securities in the index that in the trading hours. multiplier. aggregate account for no more than 10 per cent of 23 19 Index weight of the component security = 17 CFR 240.6h-1(b)(3). the weight of the index may have an ADTV of only (assigned shares * price) of the component security 24 17 CFR 240.41.25(b). 22,750 shares for each of the last six months. / the sum of (assigned shares * price) for each 25 15 U.S.C. 78f(h)(3)(A). 34 The following model listing standard component security. 26 15 U.S.C. 78l. requirements in Bulletin No. 15 were not adopted 20 17 CFR 41.25(a)(3). 27 See proposed Listing Standards requirements in the proposed Listing Standards III.A.ii.a, i and 21 17 CFR 41.25(a)(3). V.A.ii.b. and VI.A.ii.a. k, and IV.A.ii.j.

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Listing Standards for ADRs. Under both must meet the initial listing standard participants have no such advantage or the Bulletin No. 15 model listing requirement for security futures that it ability, so the dual trading rule does not standards and the proposed Listing be a common stock or an American apply to OneChicago. Standards, a large portion of component Depositary Receipt.43 Therefore, Section 6(h)(3)(H) of the Act provides securities must meet the listing standard OneChicago’s Listing Standards meet that SFPs must not be readily requirements for single stock futures.35 this requirement. susceptible to manipulation of the price The ADR requirement for single stock Section 6(h)(3)(E) of the Act 44 of the SFP, the price of the underlying futures deviates from what is suggested requires that each security futures security, the price of the option on such for ADRs under the Bulletin No. 15 product be cleared by a clearing agency security, or options on a group or index model listing standard for a security that has in place provisions for linked including such securities. OneChicago futures product based on narrow-based and coordinated clearing with other believes that the design of the security index.36 OneChicago states that clearing agencies that clear security MicroSector futures fulfills this the listing standard requirement for futures products, which permits the requirement. OneChicago states that the single stock futures relating to ADRs 37 security futures product to be purchased proposed Listing Standards require that was incorporated into the proposed on one market and offset on another component securities be highly Listing Standard requirement for market that trades such product. capitalized with substantial daily MicroSector Futures as an alternative.38 OneChicago notes that pursuant to trading volumes for the 12 months In addition, eight new requirements section 6(h)(7) of the Act,45 the preceding the stocks’ selection into the were added to the proposed Listing foregoing requirement is deferred until Dow Jones MicroSector Index. In Standards to accommodate this unique the ‘‘compliance date’’ (as defined addition, the proposed rule change to product.39 therein). OneChicago expects that both OneChicago Rule 1002(e) and (i) One Chicago states that the proposed The Options Clearing Corporation and regarding the final settlement price and Listing Standards incorporate the the Chicago Mercantile Exchange position limits of MicroSector Futures standards annunciated by the Division (‘‘CME’’) clearinghouse will have in are also designed to deter manipulation. in Bulletin No. 15. Therefore, place procedures complying with the The proposed rule change to Rule OneChicago believes that the proposed requirements of clause (E) after such 1002(e) proposes a methodology to Listing Standards meet the requirement ‘‘compliance date.’’ calculate position limits for cash-settled of section 6(h)(3)(C) of the Act.40 Section 6(h)(3)(F) of the Act 46 futures on narrow-based security 41 Section 6(h)(3)(D) of the Act requires that broker-dealers must be indices. While OneChicago believes that requires that all SFPs be based on subject to suitability rules comparable to these limits are appropriate for the common stock and such other equity those of a national securities association launch of these products, because this securities as SEC and CFTC have jointly to effect transactions in SFPs. product is unique and there is no other determined is appropriate. The SEC and OneChicago satisfies this requirement similar product to look to for guidance CFTC have jointly permitted that SFPs through its Rule 605 which requires as to the appropriate position limit, may also be based on depositary members to comply with the sales once trading has begun OneChicago will 42 shares. Under the OneChicago Listing practice rules of the National Futures monitor trading patterns in the Standards, each component security Association (‘‘NFA’’) or the National MicroSector Futures and reassess the Association of Securities Dealers, Inc. appropriateness of these position limits. 35 See Bulletin No. 15 model listing standard OneChicago undertakes that if trading III.A.ii.c and IV.A.ii.b and proposed Listing (‘‘NASD’’), which include suitability rules. Therefore, OneChicago meets this patterns indicate the position limits are Standard V.A.ii.h and VI.A.ii.b, which require that not set at levels appropriate to deter except for ADTV, the component securities that listing standard requirement. account for at least 90 percent of the total index Section 6(h)(3)(G) of the Act requires manipulation, OneChicago will make weight and at least 80 percent of the total number that SFPs be subject to the prohibition the necessary adjustments to the of component securities in the index must meet the position limits. In addition, OneChicago requirements for listing a single-security future, as against dual trading in section 4j of the set forth in Section I. CEA 47 and CFTC regulations. Pursuant undertakes to coordinate surveillance 36 See Bulletin No. 15 model listing standard to section 4j of the CEA,48 CFTC with the relevant underlying stock III.A.ii.g and IV.A.ii.f. markets to monitor for manipulation. promulgated Regulation 41.27, which 37 See OneChicago listing standard I.A.x. OneChicago has also proposed a final 38 states that an electronic futures See proposed Listing Standards V.A.ii.k and settlement rule that is designed to deter VI.A.ii.k. exchange is subject to the dual trading manipulation. Under proposed Rule 39 See proposed Listing Standards V.A.ii.a rule if the exchange provides market 1002(i) the final settlement price of (approximate equal dollar-weighted), V.A.ii.c. participants with a time or place (component securities must be component MicroSector Futures would be based on securities in the Dow Jones U.S. Total Market Index advantage or the ability to override a 49 the opening price of each component or an ADR linked to a security in the Dow Jones predetermined algorithm. Market stock. OneChicago believes that since Global Index), V.A.ii.d. (component securities must the termination of MicroSector Futures have U.S. exchange-traded options on the 43 Proposed Listing Standard V.A.ii.h requires securities), V.A.ii.e. (component securities must that except for the ADTV, ‘‘component securities will coincide with the expiration or have a trading history on a U.S. exchange for at that account for at least 90% of the total index termination of stock indices, options on least 12 months), V.A.ii.g (component securities weight and at least 80% of the total number of must close at or above $7.50 for each of the trading stock indices and futures on stock component securities in the index must meet the days in the three months prior to Selection), indices, using the opening prices of requirements for listing a single-security futures V.A.ii.m (rebalancing of the index), V.A.ii.o contract, as set forth in Section I.’’ Section I.A.i. each component security will reflect the (indexes will only be created for industry groups requires that the security underlying futures price of the underlying securities when having five or more qualifying securities) and product based on a single security be a common VI.A.ii.i (rebalancing of the index). they are very liquid and thus more stock or an American Depositary Receipt 40 difficult to manipulate. The calculation 15 U.S.C. 78f(h)(3)(C). representing common stock. 41 of the final settlement price for these 15 U.S.C. 78f(h)(3)(D). 44 15 U.S.C. 78f(h)(3)(D). 42 Securities Exchange Act Release No. 44725 45 15 U.S.C. 78f(h)(7). MicroSector Futures will be done on the (August 20, 2001). ‘‘A depositary share is defined 46 same day and in a similar manner to the as a security evidenced by an American Depository 15 U.S.C. 78f(h)(3)(F). 47 final settlement price for the options on Receipt that represents a foreign security or a 7 U.S.C. 6i. multiple or factions thereof. See 17 CFR 240.12b- 48 Id. the S&P 500 and the futures on the S&P 2.’’ Id. at footnote 14. 49 17 C.F.R. 41.27(b)(2). 500. The expiration or termination of

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these large S&P 500 contracts will orders received through CBOEdirect involve orders that cannot be provide more liquidity to the opening of terminals, will be archived and immediately entered into either CBOE’s the underlying markets. Thus, the final provided to OneChicago each day. or CME’s systems, the Clearing Members settlement price based on opening Orders received through Globex will or, if applicable, Exchange Members or prices is designed to deter be archived and maintained at CME. Access Persons involved must comply manipulation. Together these data sets will enable with the procedures specified in the In addition, OneChicago Rule 603 OneChicago to trace each order back to preceding paragraph. specifically prohibits market the clearing firm by or through which it Section 6(h)(3)(K) of the Act 54 manipulation, and OneChicago Rule 604 was submitted. If any question or issue requires that a market on which a prohibits members or access persons arises as to the source of an order prior security futures product is traded have from violating applicable laws. to submission by or through a clearing in place procedures to coordinate Therefore, OneChicago believes that it firm, OneChicago will request that the trading halts between such market and meets this requirement. clearing firm provide an electronic or any market on which any security Section 6(h)(3)(I)50 of the Act requires other record of the order. underlying the security futures product that procedures be in place for For orders that cannot be immediately is traded and other markets on which coordinated surveillance among the entered into either CBOEdirect and any related security is traded. market on which the SFP is traded, any Globex, and therefore will not be OneChicago Rule 419 requires that market on which any security recorded electronically at the time they trading in a security future be halted at underlying the SFP is traded and other are placed, OneChicago Rule 403(b) all times that a regulatory halt has been markets on which any related security is requires that the Clearing Member or, if instituted for the relevant underlying traded to detect manipulation and applicable, the Exchange Member or the security or securities. insider trading. OneChicago is an Access Person receiving such order Section 6(h)(3)(L) of the Act 55 affiliate member of the Intermarket must prepare an order form in a non- requires that the margin requirements Surveillance Group through which it alterable written medium, which must for a security futures product comply has an agreement to share market be time-stamped when received and with the regulations prescribed surveillance and regulatory information include the account designation, date pursuant to section 7(c)(2)(B) of the with other members of the group, which and other required information (i.e., Act.56 The Commission approved includes all of the predominant U.S. order terms, order type, instrument and OneChicago Rule 515, which fulfills this securities exchanges. OneChicago is also contract month, price and quantity). requirement.57 a member of the Joint Audit Committee, Each such form must be retained for at 2. Statutory Basis in which the futures self-regulatory least five years from the time it is organizations have an agreement to prepared. In addition, OneChicago Rule OneChicago states that the proposed share information for regulatory 501 establishes a general recordkeeping rule change is consistent with section purposes. Therefore, OneChicago requirement pursuant to which each 6(b)(5) of the Act 58 in that it promotes believes it meets this requirement. Clearing Member, Exchange Member competition, is designed to prevent Section 6(h)(3)(J) of the Act 51 requires and Access Person must keep all books fraudulent and manipulative acts and that an exchange have audit trails that and records as required to be kept by it practices, and is designed to protect are necessary or appropriate to facilitate pursuant to the Commodity Exchange investors and the public interest. the coordinated surveillance required Act, CFTC regulations, the Act, OneChicago states that the proposed under Section 6(h)(3)(I) of the Act.52 regulations under the Act and the Rules rule change would promote competition The audit trail capability provided by of the Exchange. OneChicago Rule 501 by making new products available to the CBOEdirect, the trade matching engine also requires that such books and public. OneChicago also states that the used by OneChicago, will create and records be made available to the proposed rule change is also designed to maintain an electronic transaction Exchange upon request. Current CFTC deter manipulation of MicroSector history database that contains regulations require books and records to Futures and to prevent using the information with respect to all orders, be maintained for a period of five years. product for fraudulent or manipulative whether executed or not, and resulting OneChicago believes that its audit trail trading in the component securities and transactions on the Exchange. This meets the requirement of section their derivatives. In addition, the applies to orders entered through 6(h)(3)(J) of the Act.53 proposed position limit and final CBOEdirect terminals as well as to Block trades will be entered in settlement rules along with surveillance orders routed to CBOEdirect through CBOEdirect by OneChicago’s and enforcement of these proposed rules CME’s Globex system. The operations management after they are are intended to deter manipulative information recorded with respect to verbally reported by designated activity in this product. In this manner, each order includes: time received (by individuals at the Clearing Member for OneChicago states that the proposed CBOEdirect’’ or Globex’’), terms of the the selling party. At the time of each rule change is designed to protect order, order type, instrument and such verbal report, a trade identification investors and the public interest. contract month, price quantity, account number will be assigned and provided B. Self-Regulatory Organization’s type, account designation, user code to the caller. Both the buyer and the Statement on Burden on Competition and clearing firm. seller in each trade will then follow up OneChicago’s electronic audit trail the verbal report by submitting a block OneChicago does not believe that the will consist of data recorded by trade reporting form via facsimile or proposed rule change will have an CBOEdirect’’ and Globex, and email to OneChicago. Generally, the impact on competition because it OneChicago will have full access to all same procedures apply to exchange of 54 such data. Information logged by futures for physical (‘‘EFP’’) 15 U.S.C. 78(h)(3)(K).  transactions, except that no verbal 55 15 U.S.C. 78f(h)(3)(L). CBOEdirect , including in respect of 56 report is required for such transactions. 15 U.S.C. 78g(c)(2)(B). 57 Securities Exchange Act Release No. 46787 50 15 U.S.C. 78f(h)(3)(I). Since block trades and EFP transactions (November 7, 2002), 67 FR 69059 (Nobember 14, 51 15 U.S.C. 78f(h)(3)(J). 2002) (SR–OC–2002–01). 52 15 U.S.C. 78f(h)(3)(I). 53 15 U.S.C. 78f(f)(3)(J). 58 15 U.S.C. 78f(b)(5).

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believes that the proposed rule change For the Commission, by the Division of A. Self-Regulatory Organization’s will promote competition by permitting Market Regulation, pursuant to delegated Statement of the Purpose of, and OneChicago to bring new products to authority.61 Statutory Basis for, the Proposed Rule the market. Margaret H. McFarland, Change Deputy Secretary. 1. Purpose C. Self-Regulatory Organization’s [FR Doc. 03–18736 Filed 7–22–03; 8:45 am] Statement on Comments on Proposed BILLING CODE 8010–01–P The Exchange is proposing to amend Rules Received From Members, its MRP and RFS (PCX Rule 10.13) in Participants, or Others order to make a number of non- substantive and technical changes. The Comments on the OneChicago SECURITIES AND EXCHANGE COMMISSION Exchange also proposes to make minor proposed rule change have not been conforming changes to various other solicited and none have been received. [Release No. 34–48193; File No. SR–PCX– rules where appropriate. 2003–33] III. Date of Effectiveness of the First, the Exchange proposes to Proposed Rules and Timing for Self-Regulatory Organizations; Notice amend PCX Rule 6.37(d) to correct a Commission Action of Filing and Immediate Effectiveness minor technical error. PCX Rule 6.37(d) of Proposed Rule Change by the states that formal disciplinary action Pursuant to section 19(b)(7)(B) of the may be taken if aggravating 59 Pacific Exchange, Inc. Relating to Act, the proposed rule change became Minor Rule Plan Housekeeping circumstances are found, pursuant to PCX Rule 10.3. The Exchange proposes effective on June 20, 2003. Within 60 Changes days of the date of effectiveness of the to amend the text to reflect the correct proposed rule change, the Commission, July 17, 2003. rule number, which is ‘‘10.4’’. Second, after consultation with the CFTC, may Pursuant to section 19(b)(1) of the the Exchange proposes to amend PCX summarily abrogate the proposed rule Securities Exchange Act of 1934 Rule 6.37(h)(6) so that the first sentence change and require that the proposed (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 in the rule will read ‘‘action and rule change be refiled in accordance notice is hereby given that on July 8, suspension’’ instead of ‘‘action or with the provisions of section 19(b)(1) of 2003, the Pacific Exchange, Inc. (‘‘PCX’’ suspension.’’ This was a technical error the Act.60 or ‘‘Exchange’’) filed with the Securities that the Exchange wishes to correct at this time. IV. Solicitation of Comments and Exchange Commission (‘‘Commission’’) the proposed rule Third, the Exchange proposes to correct a technical error in PCX Rules Interested persons are invited to change as described in Items I, II, and 10.13(h)(34) and 10.13(k)(i)(34). The text submit written data, views, and III below, which Items have been incorrectly references that PCX Rule arguments concerning the foregoing, prepared by the Exchange. The 10.13(h)(34) is a violation of ‘‘Rule including whether the proposed rules Commission is publishing this notice to 6.87(d)(3)’’. The Exchange wishes to conflict with the Act. Persons making solicit comments on the proposed rule amend the text to reflect the correct rule written submissions should file nine change from interested persons. number, which is ‘‘Rule 6.87(e)(3)’’. copies of the submission with the I. Self-Regulatory Organization’s Fourth, the Exchange proposes to Secretary, Securities and Exchange Statement of the Terms of Substance of amend PCX Rule 6.89(b)(7), where the Commission, 450 Fifth Street, NW., the Proposed Rule Change Exchange inadvertently used the Washington, DC 20549–0609. acronym ‘‘PSE’’ instead of ‘‘PCX’’ in the Comments also may be submitted The Exchange is proposing to amend rule text. Thus, the Exchange proposes electronically to the following e-mail the Exchange’s Minor Rule Plan to correct the technical error and replace address: [email protected]. (‘‘MRP’’) and Recommended Fine Schedule (‘‘RFS’’) (PCX Rule 10.13) in the acronym PSE with the current Copies of the submission, all order to make a number of non- acronym, PCX. subsequent amendments, all written substantive and technical changes. The Fifth, the Exchange proposes to statements with respect to the proposed text of the proposed rule changes is amend PCX Rules 10.13(h)(2) and rules that are filed with the available at the PCX and at the 10.13(k)(i)(2) of the MRP and RFS. The Commission, and all written Commission. purpose of this change is to replace the communications relating to the term ‘‘floor broker’’ with the term proposed rules between the Commission II. Self-Regulatory Organization’s ‘‘member’’ in the text as the underlying and any person, other than those that Statement of the Purpose of, and rule violation (PCX Rule 6.67) is not may be withheld from the public in Statutory Basis for, the Proposed Rule limited to floor brokers and applies to accordance with the provisions of 5 Change all members. Sixth, the Exchange U.S.C. 552, will be available for In its filing with the Commission, the proposes to amend PCX Rule 10.13(e) in inspection and copying in the PCX included statements concerning the order to correct a technical error. Under Commission’s Public Reference Room. purpose of and basis for the proposed the proposed amendment, the term Copies of these filings will also be rule change, and discussed any ‘‘Compliance Department’’ will be available for inspection and copying at comments it received on the proposed replaced with the term ‘‘Corporate the principal office of OneChicago. rule change. The text of these statements Secretary’’ as the latter is the correct Electronically submitted comments will may be examined at the places specified office for this process at the Exchange. be posted on the Commission’s Internet in Item IV below. The Exchange has Seventh, the Exchange proposes to Web site (http://www.sec.gov). All prepared summaries, set forth in amend PCX Rules 10.13(j)(1) and submissions should refer to File No. sections A, B, and C below, of the most 10.13(k)(iii)(1) of the MRP and RFS. SR–OC–2003–06 and should be significant aspects of such statements. Under the proposed amendment, the submitted by August 13, 2003. rule referenced in the text, ‘‘Rule 61 17 CFR 200.30–3(a)(75). 10.2(c),’’ will be amended to reflect the 59 15 U.S.C. 78s(b)(7)(B). 1 15 U.S.C. 78s(b)(1). correct corresponding rule number, 60 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. which is ‘‘Rule 10.2(e).’’ Finally, the

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Exchange proposes to amend PCX Rules III. Date of Effectiveness of the the Commission’s Public Reference 10.13(j)(6) and 10.13(k)(iii)(6) of the Proposed Rule Change and Timing for Room. Copies of such filing will also be MRP and RFS. Under the proposed rule Commission Action available for inspection and copying at change, the rule referenced in the text, The foregoing rule change has become the principal office of the PCX. All ‘‘Rule 10.2(b),’’ will be amended to effective pursuant to section 19(b)(3)(iii) submissions should refer to file number reflect the correct corresponding rule of the Act 6 and subparagraph (f) Rule SR-PCX–2003–33 and should be number, which is ‘‘Rule 10.2(d).’’ 19b–4 thereunder,7 because it is submitted by August 13, 2003. 2. Statutory Basis concerned solely with the For the Commission, by the Division of administration of the Exchange. At any Market Regulation, pursuant to delegated The Exchange believes that the time within 60 days of the filing of such authority.8 proposal is consistent with section 6(b) proposed rule change, the Commission Margaret H. McFarland, 3 of the Act, in general, and section may summarily abrogate such rule Deputy Secretary. 6(b)(5) of the Act,4 in particular, in that change if it appears to the Commission [FR Doc. 03–18735 Filed 7–22–03; 8:45 am] it will promote just and equitable that such action is necessary or BILLING CODE 8010–01–P principles of trade; facilitate appropriate in the public interest, for transactions in securities, remove the protection of investors, or otherwise impediments to and perfect the in furtherance of the purposes of the mechanisms of a free and open market Act. SMALL BUSINESS ADMINISTRATION and a national market system; and IV. Solicitation of Comments protect investors and the public interest. [Declaration of Disaster #3527] The proposal is also consistent with Interested persons are invited to section 6(b)(6) of the Act,5 which submit written data, views and State of Arizona requires that members and persons arguments concerning the foregoing, associated with members be including whether the proposed rule Pima County and the contiguous appropriately disciplined for violations change is consistent with the Act. counties of Cochise, Graham, Maricopa, of Exchange rules. Persons making written submissions Pinal, Santa Cruz, and Yuma in the should file six copies thereof with the State of Arizona constitute a disaster B. Self-Regulatory Organization’s Secretary, Securities and Exchange area due to damages caused by the Statement on Burden on Competition Commission, 450 Fifth Street, NW., Aspen Fire that occurred beginning on The Exchange does not believe that Washington, DC 20549–0609. Copies of June 17, 2003 and continuing. the proposed rule change will impose the submission, all subsequent Applications for loans for physical any burden on competition that is not amendments, all written statements damage as a result of this disaster may necessary or appropriate in furtherance with respect to the proposed rule be filed until the close of business on of the purposes of the Act. change that are filed with the September 15, 2003 and for economic Commission, and all written injury until the close of business on C. Self-Regulatory Organization’s communications relating to the April 16, 2004 at the address listed Statement on Comments on the proposed rule change between the below or other locally announced Proposed Rule Change Received From Commission and any person, other than locations: U.S. Small Business Members, Participants or Others those that may be withheld from the Administration, Disaster Area 4 Office, Written comments on the proposed public in accordance with the P.O. Box 13795, Sacramento, CA 95853– rule change were neither solicited nor provisions of 5 U.S.C. 552, will be 4795. received. available for inspection and copying in The interest rates are:

Percent

For Physical Damage: Homeowners with Credit Available Elsewhere: ...... 5.625 Homeowners Without Credit Available Elsewhere: ...... 2.812 Businesses with Credit Available Elsewhere: ...... 5.906 Businesses and Non-Profit Organizations Without Credit Available Elsewhere: ...... 2.953 Others (Including Non-Profit Organizations) with Credit Available Elsewhere: ...... 5.500 For Economic Injury: Businesses and Small Agricultural Cooperatives Without Credit Available Elsewhere: ...... 2.953

The number assigned to this disaster SMALL BUSINESS ADMINISTRATION Ritchie Counties in the State of West for physical damage is 352705. For Virginia as a disaster area due to economic injury, the number is [Declaration of Disaster #3512, Amdt. 5] damages caused by severe storms, 9W4100. flooding, and landslides, and to State of West Virginia (Catalog of Federal Domestic Assistance establish the incident period for this Program Nos. 59002 and 59008) In accordance with notices received disaster as beginning on June 11, 2003 from the Department of Homeland and continuing through July 15, 2003. Dated: July 16, 2003. Security—Federal Emergency In addition, applications for economic Hector V. Barreto, Management Agency, dated July 15 and injury loans from small businesses Administrator. July 16, 2003, the above numbered located in the following contiguous [FR Doc. 03–18726 Filed 7–22–03; 8:45 am] declaration is hereby amended to counties may be filed until the specified BILLING CODE 8025–01–P include Doddridge, Harrison, and date at the previously designated

3 15 U.S.C. 78f(b). 5 15 U.S.C. 78f(b)(6). 7 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5). 6 15 U.S.C 78s(3)(a). 8 17 CFR 200.30–3(a)(12).

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location: Barbour, Calhoun, Gilmer, businesses receive maximum (3) re-assess its rationale for making Lewis, Pleasants, Tyler, Upshur, Wirt, opportunity for participation in Federal certain types of exclusions, and and Wood Counties in the State of West contracts. Statutory governmentwide (4) clarify its guidance on small Virginia. All other counties contiguous goals based on the value of all prime business goals. to the above named primary counties contract awards are: Each of the GAO recommendations is have been previously declared. • 23 percent for small business; addressed in the proposed Goaling All other information remains the • 5 percent for small disadvantaged Guidelines. We believe the proposed same, i.e., the deadline for filing small business; revisions clarify SBA’s goaling policies applications for physical damage is • 5 percent for women-owned small and provide transparency to the August 20, 2003, and for economic business; agencies and the public. SBA has posted injury the deadline is March 22, 2004. • 3 percent for service-disabled, the proposed Goaling Guidelines veteran-owned small business; and discussed in this Notice on its Web site (Catalog of Federal Domestic Assistance • 3 percent for certified HUBZone Program Nos. 59002 and 59008.) at www.sba.gov/GC/goals. Click on the small businesses (FY 2003). ‘‘Proposed Goaling Guidelines’’ button. Dated: July 17, 2003. (FY 1999—1 percent, FY 2000—1.5 DATES: Comments of publication in the Herbert L. Mitchell, percent, FY 2001—2 percent, Federal Register must be received by 30 Associate Administrator for Disaster FY 2002—2.5 percent, FY 2003 and days from date of publication in the Assistance. beyond—3 percent). Federal Register. [FR Doc. 03–18725 Filed 7–22–03; 8:45 am] Subcontracting goals based on the ADDRESSES: BILLING CODE 8025–01–P value of subcontract awards are: Address comments to Linda • 5 percent for small disadvantaged G. Williams, Associate Administrator small business; for Government Contracting, Small SMALL BUSINESS ADMINISTRATION • 5 percent for women-owned small Business Administration, 409 Third St., business; and SW., Suite 8100, Washington, DC 20416. Guidelines on Goal Setting Under • 3 percent for service-disabled, Send e-mail to [email protected]. You Procurement Preference Programs veteran-owned small business. may also submit comments SBA is required to obtain electronically to http:// AGENCY: Small Business Administration procurement data on achievements www.regulations.gov. (SBA). towards those goals and to publish an ACTION: Notice; request for comment. annual report to the President and the FOR FURTHER INFORMATION CONTACT: Pat Congress that is also included in the Holden, National Goaling Program SUMMARY: The U.S. Small Business State of Small Business report. As part Manager, Small Business Administration (SBA) must ensure that of this mandate, SBA issues Goaling Administration, 409 Third St., SW., agencies establish goals for small Guidelines that provide policy direction Suite 8000, Washington, DC 20416. business procurement that collectively, to the various Federal agencies Telephone (202) 205–6460 or by e-mail meet or exceed the governmentwide pertaining to establishing annual goals, to [email protected]. goals established by the Small Business reporting procurement activity and Act in section 15 (g)(1) and (2). It is the Authority: Sec. 21, Pub. L. 507, 92 Stat. submitting corrective action plans when policy of the Federal government to 1757; Sec 502(3), Pub. L. 100–656, 102 Stat. goals are not met under the small ensure that small businesses have 3881; Sec. 7106(a)(2)(c), Pub. L. 103–355, 108 business procurement preference maximum practicable opportunity to Stat. 3375; Sec. 221, Pub. L. 5–507. programs. They provide procedures and participate in Federal procurement. SBA Dated: July 17, 2003. timelines for the SBA to negotiate goals is responsible for implementing the with each agency so that collectively the Fred C. Armendariz, goaling program, assisting Federal government-wide goals are established. Associate Deputy Administrator, for agencies in establishing and obtaining The Goaling Guidelines, by which SBA Government Contracting and Business the goals, and publishing quality Development. manages the goaling program, must be information to the public. We are updated periodically. Further, this [FR Doc. 03–18724 Filed 7–22–03; 8:45 am] committed to making the methods, document includes information on the BILLING CODE 8023–01–P models, and processes that produce statutory government-wide small these results transparent and rigorous. business goals. In summary, we are proposing these The current Goaling Guidelines were DEPARTMENT OF STATE Goaling Guidelines to implement the last revised in FY 2000 and are [Public Notice 4415] recommendations made by GAO in published on SBA’s Web site at August 2001 and as a continuation of www.sba.gov/GC/goals. our commitment to meeting our Notice of Receipt of Application for In August 2001, the General Presidential Permit for the responsibility to implement the Small Accounting Office (GAO) reviewed Business Preference Goaling Program in Construction of a New International SBA’s Goaling Program. (Small Border Crossing a user friendly manner. We welcome the Business: More Transparency Needed in opportunity for the Federal agencies and Prime Contract Goal Program. GAO–01– Notice is hereby given that the the public to comment on our proposed 551. August 2001.) On pages 3 and 17, Department of State has received an Goaling Guidelines. GAO recommended that the Goaling application for a permit authorizing the SUPPLEMENTARY INFORMATION: Guidelines be revised to ensure clarity, construction, operation and Background transparency and consistency. The maintenance of an international rail recommendations require SBA to: bridge in the Brownsville, Texas, area. SUMMARY: The Small Business Act (1) Clearly communicate its goal- The application has been filed by establishes governmentwide goals and setting methodology, Cameron County, Texas, for a permit for requires all Federal agencies with (2) ensure that all agencies have an a new single-track rail crossing 15 miles procurement authority to negotiate goals opportunity to negotiate goals for fiscal from the existing international rail annually with SBA to ensure that small year 2002 and subsequent years, bridge.

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The Department’s jurisdiction with Interested persons may submit their Procedures Concerning the Use of respect to this application is based upon views regarding this application in Airport Revenue, published in the Executive Order 11423, dated August writing by August 30, 2003 to Mr. Federal Register on February 16, 1999. 16, 1968, as amended, and the Dennis M. Linskey, Coordinator, U.S.- In accordance with section 47107(h) International Bridge Act of 1972, (Pub. Mexico Border Affairs, Room 4258, of title 49, United States Code, this L. 92–343, 86 Stat. 731, approved Department of State, 2201 C St. NW., notice is required to be published in the September 26, 1972). Washington, DC 20520. Federal Register 30 days before As required by E.O. 11423, the The application and related modifying the land-use assurance that Department is circulating this documents made part of the record to be requires the property to be used for an application to concerned agencies for considered by the Department of State aeronautical purpose. comment. in connection with this application are DATES: Comments must be received on Interested persons may submit their available for review in the Office of or before July 23, 2003. views regarding this application in Mexican Affairs during normal business FOR FURTHER INFORMATION CONTACT: Ms. writing by August 1, 2003, to Mr. hours throughout the comment period. Stephanie Swann, Program Manager, Dennis M. Linskey, Coordinator, U.S.- Any questions related to this notice Federal Aviation Administration, Great Mexico Border Affairs, Room 4258, may be addressed to Mr. Linskey at the Lakes Region, Detroit Airports District Department of State, 2201 C St. NW., above address or by fax at (202) 647– Office, DET ADO–613, Metro Airport Washington, DC 20520. 5752. Center, 11677 South Wayne Road, Suite The application and related Dated: July 15, 2003. 107, Romulus, Michigan 48174. documents made part of the record to be Gregory Sprow, Telephone Number: 734–229–2945/FAX considered by the Department of State Deputy Director, Office of Mexican Affair, Number: 734–229–2950. in connection with this application are Department of State. SUPPLEMENTARY INFORMATION: Following available for review in the Office of [FR Doc. 03–18723 Filed 7–22–03; 8:45 am] is a legal description of the property Mexican Affairs during normal business BILLING CODE 4710–29–P located in Gaylord, Otsego County, hours throughout the comment period. Michigan, and described as follows: Any questions related to this notice Parcel ‘‘A’’: A parcel of land in the NE may be addressed to Mr. Linskey at the DEPARTMENT OF TRANSPORTATION 1⁄4 of Section 8, T30N–R3W, Bagley above address or by fax at (202) 647– Township, Otsego County, Michigan 5752. Federal Aviation Administration described as: Beginning at the NE corner Dated: July 15, 2003. of said Section 8; Thence South 00 Gregory Sprow, Public Notice for Waiver of degrees 16′27″ E, 208.00′ along the East Aeronautical Land-Use Assurance; Deputy Director, Office of Mexican Affairs, line of said Section 8; thence North 89 Department of State. Otsego County Regional Airport; degrees 58′40″ W 295.93′; thence North Gaylord, MI [FR Doc. 03–18722 Filed 7–22–03; 8:45 am] 00 degrees 54′32″ W, 208.03′; thence ′ ″ ′ BILLING CODE 4710–29–P AGENCY: Federal Aviation South 89 degrees 58 40 E, 298.23 along Administration, DOT. the North line of said Section 8 to the ACTION: Notice of intent of waiver with Point of Beginning, containing 1.42 DEPARTMENT OF STATE respect to land. acres, more or less, and being subject to an easement for highway purposes over [Public Notice 4416] SUMMARY: The Federal Aviation and across the Northerly 33′ and ′ Notice of Receipt of Application for Administration (FAA) is considering a Easterly 40 thereof. Said parcel contains Presidential Permit for the proposal to change a portion of the approximately 1.42 acres. Construction of a New International airport from aeronautical use to non- Parcel ‘‘B’’: A parcel of land in the NE 1 Border Crossing aeronautical use and to authorize the ⁄4 of Section 8, T30N–R3W, Bagley sale of the airport property. The Township, Otsego County, Michigan, Notice is hereby given that the proposal consists of three parcels: Parcel described as: Commencing at the NE Department of State has received an A is 1.42 acres, Parcel B is 1.41 acres corner of said Section 8; thence South application from the County of El Paso, and Parcel C is 0.81 acres, totaling 00 degrees 16′27″ E, 208.00′ along the Texas for a Presidential Permit seeking approximately 3.64 acres. Current use East line of said Section 8 to the Point authorization for the construction, and present condition is abandoned of Beginning; thence continuing South operation and maintenance of an dwelling and associated vacant land. 00 degrees 16′27″ E, 208.00′ along the international bridge between Tornillo, The land was part of the original airport East line of said Section 8; thence North Texas and Guadalupe, Chihuahua, property and was not purchased with 89 degrees 58′40″ W, 293.63′; thence Mexico. The proposed six lane bridge federal funds. There are no impacts to North 00 degrees 54′32″ E, 208.03′; would be located approximately 650 the airport by allowing the airport to thence South 89 degrees 58′40″ E, feet from the existing Fabens-Caseta dispose of the property. 295.93′ to the Point of Beginning, international crossing. The proposed land will be used to containing 1.41 acres more or less, and The Department’s jurisdiction with enhance the infrastructure surrounding being subject to an easement for respect to this application is based upon the airport by developing commercial highway purposes over and across the Executive Order 11423, dated August businesses. Approval does not Easterly 40′ thereof. Said parcel contains 16, 1968, as amended, and the constitute a commitment by the FAA to approximately 1.41 acres. International Bridge Act of 1972, (Pub. financially assist in the disposal of the Parcel ‘‘C’’: A parcel of land in the NE L. 92–343, 86 Stat. 731, approved subject airport property nor a 1⁄4 of Section 8, T30N–R3W, Bagley September 26, 1972). determination of eligibility for grant-in- Township, Otsego County, Michigan, As required by E.O. 11423, the aid funding from the FAA. The described as: Commencing at the NE Department is circulating this disposition of proceeds from the corner of Said Section 8; thence South application to concerned agencies for disposal of the airport property will be 00 degrees 16′27″ E, 416.00′ along the comment. in accordance FAA’s Policy and East line of said Section 8 to the Point

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of Beginning; thence continuing South modifying the land-use assurance that and present condition is undeveloped 00 degrees 16′27″ E, 120.00′ along the requires the property to be used for an vacant land. The land was originally East line of said Section 8; thence North aeronautical purpose. sold to the County from Bradley Realty 89 degrees 58′40″ E, 293.29′; thence DATES: Comments must be received on Company, December 27, 1935. There are North 00 degrees 54′–32″ W, 120.02′; or before August 22, 2003. no impacts to the airport by allowing ′ ″ thence South 89 degrees 58 40 E, FOR FURTHER INFORMATION CONTACT: Ms. the airport to dispose of the property. ′ 293.62 to the Point of Beginning, Stephanie Swann, Program Manager, The proposed land will be used to containing 0.81 acres, more or less, and Federal Aviation Administration, Great develop business in an area designated being subject to an easement for Lakes Region, Detroit Airports District as a Renaissance Zone, as well as highway purposes over and across the Office, DET ADO–613, Metro Airport enhance the infrastructure surrounding ′ Easterly 40 thereof. Said parcel contains Center, 11677 South Wayne Road, Suite the airport. Approval does not approximately 0.81 acres. 107, Romulus, Michigan 48174. constitute a commitment by the FAA to Issued in Romulus, Michigan on June 2, Telephone Number: 734–229–2945/FAX financially assist in the disposal of the 2003. Number: 734–229–2950. Documents subject airport property nor a Irene R. Porter, reflecting this FAA action may be determination of eligibility for grant-in- Manager, Detroit Airports District Office, reviewed at this same location or at aid funding from the FAA. The FAA, Great Lakes Region. Presque Isle County/Roger City Airport, disposition of proceeds from the [FR Doc. 03–18389 Filed 7–22–03; 8:45 am] Roger City, Michigan. disposal of the airport property will be BILLING CODE 4910–13–M SUPPLEMENTARY INFORMATION: Following in accordance with FAA’s Policy and is a legal description of the property Procedures Concerning the Use of located in Roger City, County of Presque Airport Revenue, published in the DEPARTMENT OF TRANSPORTATION Isle, Michigan, and described as follows: Federal Register on February 16, 1999. Federal Aviation Administration A parcel of land in Rogers Township, In accordance with section 47107(h) Presque Isle county, State of Michigan, of title 49, United States Code, this Public Notice for Waiver of described as commencing at the Southwest corner of section 22, T35N, R5E; thence notice is required to be published in the Aeronautical Land-Use Assurance; easterly 1,098.77 feet along the south section Federal Register 30 days before Presque Isle County/Rogers City line of said section to the point of beginning: modifying the land-use assurance that Airport, Rogers City, MI thence N 26°29′35″ W, along the east R.O.W. requires the property to be used for an of US–23 76.79 feet; thence N 87°51′37″ E, aeronautical purpose. AGENCY: Federal Aviation 632.77 feet; thence N 02°06′33″ W, 30 feet; Administration, DOT. thence N 87°51′37″ E, 970.34 feet; thence N DATES: Comments must be received on ACTION: Notice of intent of waiver with 87°51′25″ E, 1345.12′; thence S 01°05′26″ E, or before August 22, 2003. respect to land. 100,00 feet; thence S 87°51′25″ W, 1343.29 feet; thence S 87°51′37″ W, 836.54 feet; FOR FURTHER INFORMATION CONTACT: Ms. SUMMARY: The Federal Aviation thence S 02°06′33″ E, 50 feet; thence S Stephanie Swann, Program Manager, Administration (FAA) is considering a 87°51′37’’ W, 712.25 feet; thence N 26°29′35″ Federal Aviation Administration, Great proposal to change a portion of the W, 54.91 feet to the point of beginning. Said Lakes Region, Detroit Airports District airport from aeronautical use to non- parcel contains approximately 7.13 acres. Office, DET ADO–613, Metro Airport aeronautical use and to authorize the Issued in Romulus, Michigan on June 2, Center, 11677 South Wayne Road, Suite sale of the airport property. The 2003. 107, Romulus, Michigan 48174. proposal consists of one parcel totaling Irene R. Porter, Telephone Number: 734–229–2945/FAX approximately 7.13 acres. Current use Manager, Detroit Airports District Office, Number: 734–229–2950. Documents and present conditions is undeveloped FAA, Great Lakes Region. reflecting this FAA action may be vacant land. The land was originally [FR Doc. 03–18386 Filed 7–22–03; 8:45 am] reviewed at this same location or at sold to the County from Bradley Reality BILLING CODE 4910–13–M Presque Isle County/Roger City Airport, Company, December 27, 1935. There are Roger City, Michigan. no impacts to the airport by allowing the airport to dispose of the property. DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Following The proposed land will be used to is a legal description of the property provide a road right-of-way on the south Federal Aviation Administration located in Roger City, County of Presque property line that will enhance airport Isle, Michigan, and described as follows: Public Notice for Waiver of use, revenue and provide access for a Beginning at the center of section 22, future industrial park. Approval does Aeronautical Land-Use Assurance; Presque Isle County/Roger City T35N, R5E, Presque Isle County, Michigan, not constitute a commitment by the 1 Airport, Roger City, MI thence easterly along the EW ⁄4 line of said FAA to financially assist in the disposal section 480.02 feet; thence S 02°02′11″ E of the subject airport property nor a AGENCY: Federal Aviation 150.00 feet; thence N 87°58′04″E 130.00; determination of eligibility for grant-in- Administration, DOT. thence N 02°02′11″ W 150.00 feet to the aid funding from the FAA. The ACTION: Notice of intent of waiver with EW1⁄4 line of said section; thence easterly disposition of proceeds from the respect to land. along said 1⁄4 line 544.72 feet; thence S disposal of the airport property will be 01°05′24″ E, 1,133.16 feet; thence S 86°48′28″ in accordance FAA’s Policy and SUMMARY: The Federal Aviation W, 514.43 feet; thence N 02°09′09″ W, 302.22 Procedures Concerning the Use of Administration (FAA) is considering a feet; thence S 87°50′51″ W, 220.00 feet; Airport Revenue, published in the proposal to change a portion of the thence S 02°09′09″ E, 318.12 feet; thence S Federal Register on February 16, 1999. airport from aeronautical use to non- 87°50′51″ W, 407.19 feet to the NS1⁄4 line of In accordance with section 47107(h) aeronautical use and to authorize the said section; thence N 01°16′25″ W along said of title 49, United States Code, this sale of the airport property. The NS1⁄4 line 1,164.72 feet to the point of notice is required to be published in the proposal consists of one parcel totaling beginning. Said parcel contains Federal Register 30 days before approximately 28.22 acres. Current use approximately 28.22 acres.

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Dated: 1 Issued in Romulus, Michigan, on Federal Aviation Administration, Great 212649); Antelope Valley Bus, Inc. June 2, 2003. Lakes Region, Detroit Airports District (Antelope) (MC–125057); Airport Bus of Irene R. Porter, Office, DET ADO–613, Metro Airport Bakersfield, Inc., a subsidiary of Manager, Detroit Airports District Office, Center, 11677 South Wayne Road, Suite Antelope (MC–163191); Arrow Stage FAA, Great Lakes Region. 107, Romulus, Michigan 48174. Lines, Inc. (MC–029592); Bayou City [FR Doc. 03–18387 Filed 7–22–03; 8:45 am] Telephone Number: 734–229–2945/FAX Coaches, Inc. (MC–245246); Blackhawk, BILLING CODE 4910–13–M Number: 734–229–2950. Documents Central City Ace Express, Inc. (MC– reflecting this FAA action may be 273611); Browder Tours, Inc. (MC– reviewed at this same location or at 236290); California Charters, Inc. (MC– DEPARTMENT OF TRANSPORTATION Presque Isle County/Roger City Airport, 241211); Desert Stage Lines, owned by Roger City, Michigan. Antelope (MC–140919); El Expreso, Inc. Federal Aviation Administration SUPPLEMENTARY INFORMATION: Following (MC–244195); Express Shuttle, Inc. is a legal description of the property (MC–254884); Franciscan Lines, Inc. Public Notice for Waiver of (MC–425205); Fun Time Tours, Inc. Aeronautical Land-Use Assurance; located in Roger City, County of Presque Isle, Michigan, and described as follows: (MC–176329); Goodall’s Charter Bus Presque Isle County/Roger City Service, Inc. (MC–148870); Grosvenor Airport, Roger City, MI A parcel commencing at the southwest Bus Lines, Inc. (MC–157317); Gulf Coast corner of section 22, T35N R5S Presque Isle Transportation Company (MC–201397); AGENCY: Federal Aviation County, Michigan, thence along the south Administration, DOT. line of said section 1,016.28 feet to the point Kerrville Bus Company, Inc. (MC– 27530), and 3 subsidiaries, Community ACTION: Notice of intent of waiver with of beginning, thence W 26° 29′35″ W 473.43 respect to land. feet; thence north 87° 15′37″ E, 349.90 feet; Rentals Company (MC–257338), Sunset thence S 02° 08′32″ E, 200.00 feet; thence N Tours & Travel, Inc. (MC–241422), and SUMMARY: The Federal Aviation 87° 51′37″ EM 177.00 feet; thence S 02° William Timothy Vaught d/b/a Vaught Administration (FAA) is considering a 08′32″ E, 166.55 feet; thence S 87° 51′37″ W, Bus Leasing Company (MC–209574); K- ° ′ ″ proposal to change a portion of the 280.29 feet, thence S 26 29 35 E, 76.79 feet T Contract Services, Inc. (MC–218583); airport from aeronautical use to non- to the south line of said section; thence along PCSTC, Inc. (MC–184852); Powder said south line 80.97 feet to the point of aeronautical use and to authorize the 1 River Transportation Services, Inc. beginning, also commencing at the S ⁄4 (MC–161531); Royal West Tours & sale of the airport property. The corner said section; thence northerly along Cruises, Inc. (MC–239135); Stardust proposal consists of one parcel totaling the NS1⁄4 line of said section 100.11 feet, to approximately 42.68 acres. Current use the point of beginning; thence S 87° 51′37″ Tours-Memphis, Inc. (MC–318341); and present condition is undeveloped W, 971.55 feet, thence N 02° 08′32′ W, 744.22 Texas Bus Lines, Inc. (MC–037640); vacant land. The land was originally feet; thence N 87° 51′37′ E, 2078.05 feet, Travel Impressions, LLC (MC–340826); sold to the County from Bradley Reality thence S 01° 05′26″ W, 300 feet; thence N 87° Valen Transportation, Inc. (MC– ′ ″ 1 Company, December 27, 1935. There are 51 03 E, 250 feet to the E ⁄8 line of said 212398); and Worthen Van Service, Inc. 1 no impacts to the airport by allowing section; thence southerly along said ⁄8 line (MC–142573) (collectively, Sellers). 444.22 feet, thence S 87° 51′25″ W, 1,343.91 the airport to dispose of the property. Persons wishing to oppose this feet to the point of beginning. Said parcel application must follow the rules at 49 However, an avigation easement will be contains 42.68 acres. imposed over this property to protect CFR 1182.5 and 1182.8. The Board has the airspace for future aeronautical Issued in Romulus, Michigan, on June 2, tentatively approved the transaction, 2003. development and any building and, if no opposing comments are constructed on this parcel will be Irene R. Porter, timely filed, this notice will be the final limited to one-story. The proposed land Manager, Detroit Airports District Office, Board action. will be used to enhance the FAA, Great Lakes Region. DATES: Comments must be filed by infrastructure surrounding the airport [FR Doc. 03–18388 Filed 7–22–03; 8:45 am] September 8, 2003. Applicant may file by developing business is an area BILLING CODE 4910–13–M a reply by September 22, 2003. If no designated as a Renaissance Zone. comments are filed by September 8, Approval does not constitute a 2003, this notice is effective on that commitment by the FAA to financially DEPARTMENT OF TRANSPORTATION date. assist in the disposal of the subject Surface Transportation Board ADDRESSES: Send an original and 10 airport property nor a determination of copies of any comments referring to STB eligibility for grant-in-aid funding from [STB Docket No. MC–F–21000] Docket No. MC–F–21000 to: Surface the FAA. The disposition of proceeds Transportation Board, 1925 K Street, from the disposal of the airport property KBUS Holdings, LLC—Acquisition of NW., Washington, DC 20423–0001. In will be in accordance with FAA’s Policy Assets and Business Operations—All addition, send one copy of any and Procedures Concerning the Use of West Coachlines, Inc., et al. comments to applicant’s representative: Airport Revenue, published in the AGENCY: Surface Transportation Board, Stephen Flott, Flott & Co. PC, P.O. Box Federal Register on February 16, 1999. DOT. 17655, Arlington, VA 22216–7655. In accordance with section 47107(h) FOR FURTHER INFORMATION CONTACT: ACTION: of title 49, United States Code, this Notice tentatively approving finance transaction. Beryl Gordon, (202) 565–1600. [Federal notice is required to be published in the Information Relay Service (FIRS) for the Federal Register 30 days before SUMMARY: KBUS Holdings, LLC (KBUS hearing impaired: 1–800–877–8339.] modifying the land-use assurance that or Applicant), a noncarrier, has filed an SUPPLEMENTARY INFORMATION: KBUS is a requires the property to be used for an application under 49 U.S.C. 14303 to private limited liability company aeronautical purpose. purchase and merge the assets and organized under the laws of the state of DATES: Comments must be received on business operations of: All West Delaware by Kohlberg & Company, LLC or before August 22, 2003. Coachlines, Inc. (MC–212056); (Kohlberg), a noncarrier. Kohlberg is a FOR FURTHER INFORMATION CONTACT: Ms. American Charters & Tours, Inc. (MC– private equity firm specializing in Stephanie Swann, Program Manager, 153814); Americoach Tours, Ltd. (MC– middle market investments. KBUS,

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which was specifically created to 1182.6(c). If no opposing comments are Portfolio Investment Data Systems, undertake this transaction, entered into filed by the expiration of the comment Department of the Treasury, Room an agreement with the Sellers to buy the period, this decision will take effect 4410–1440NYA, 1500 Pennsylvania assets, including vehicles, and business automatically and will be the final Avenue NW., Washington, DC 20220. In operations of the Sellers and to take Board action. view of possible delays in mail delivery, over vehicle leases. KBUS is Board decisions and notices are please also notify Mr. Wolkow by e-mail undertaking this transaction under available on our Web site at http:// ([email protected]), FAX Kohlberg Fund IV, which closed in 2001 www.stb.dot.gov. (202–622–1207) or telephone (202–622– with a total capital of $576 million. This decision will not significantly 1276). KBUS is a noncarrier and will remain affect either the quality of the human FOR FURTHER INFORMATION CONTACT: a noncarrier after this transaction. environment or the conservation of Copies of the proposed forms and Applicant plans to consolidate the energy resources. instructions are available on the assets and business operations of the It is ordered: Treasury’s TIC Forms Web page, Sellers into two entities: A leasing 1. The proposed finance transaction is http://www.treas.gov/tic/forms.html. company and CUSA, LLC (CUSA). The approved and authorized, subject to the Requests for additional information leasing company will acquire the filing of opposing comments. should be directed to Mr. Wolkow. vehicles and CUSA will conduct carrier 2. If timely opposing comments are SUPPLEMENTARY INFORMATION: operations. CUSA has applied for filed, the findings made in this decision Title: Treasury International Capital twelve operating authorities from the will be deemed vacated. Federal Motor Carrier Safety 3. This decision will be effective on Form S, Purchases and Sales of Long- Administration to operate as a motor September 8, 2003, unless timely term Securities by Foreigners. contract and common carrier of opposing comments are filed. OMB Control Number: 1505–0001. passengers in interstate commerce, in 4. A copy of this notice will be served Abstract: Form S is part of the order to accommodate the twenty-four on: (1) The U.S. Department of Treasury International Capital (TIC) operating names under which CUSA Transportation, Federal Motor Carrier reporting system, which is required by intends to carry on business. The Safety Administration, 400 7th Street, law (22 U.S.C. 286f; 22 U.S.C. 3103; E.O. Federal operating authorities currently SW., Room 8214, Washington, DC 10033; 31 CFR 128), and is designed to held by each of the Sellers will, upon 20590; (2) the U.S. Department of collect timely information on consummation, be surrendered. Justice, Antitrust Division, 10th Street & international portfolio capital Under 49 U.S.C. 14303(b), the Board Pennsylvania Avenue, NW., movements. Form S is a monthly report must approve and authorize a Washington, DC 20530; and (3) the U.S. used to cover transactions in long-term transaction found to be consistent with Department of Transportation, Office of marketable securities undertaken the public interest, taking into the General Counsel, 400 7th Street, DIRECTLY with foreigners by banks, consideration at least: (1) The effect of SW., Washington, DC 20590. other depository institutions, brokers, the transaction on the adequacy of dealers, underwriting groups and other Decided: July 17, 2003. transportation to the public; (2) the total individuals and institutions. This fixed charges that result; and (3) the By the Board, Chairman Nober. information is necessary for compiling interest of affected carrier employees. Vernon A. Williams, the U.S. balance of payments accounts, Applicant has submitted information, Secretary. for calculating the U.S. international as required by 49 CFR 1182.2, including [FR Doc. 03–18745 Filed 7–22–03; 8:45 am] investment position, and for formulating information to demonstrate that the BILLING CODE 4915–00–P U.S. international financial and proposed transaction is consistent with monetary policies. the public interest under 49 U.S.C. Current Actions: No changes to the 14303(b). Applicant states that the DEPARTMENT OF THE TREASURY current forms and instructions are being proposed transaction will not reduce proposed. competitive options, adversely impact Departmental Offices; Proposed Type of Review: Extension of a fixed charges, or adversely impact the Collections; Comments Request currently approved collection. interests of employees of companies Affected Public: Business or other for- whose assets and businesses are being ACTION: Notice and request for profit organizations. acquired. It asserts that granting the comments. Form S (1505–0001). application will allow CUSA to take Estimated Number of Respondents: SUMMARY: advantage of economies of scale and The Department of the 250. substantial benefits offered by Treasury, as part of its continuing effort Estimated Average Time Per Applicant, including interest cost to reduce paperwork burdens, invites Respondent: about 5.6 hours per savings and reduced operating costs. the general public and other Federal respondent per filing. Additional information, including a agencies to comment on an information Estimated Total Annual Burden copy of the application, may be collection that is due for extension Hours: 16,800 hours, based on 12 obtained from Applicant’s approval by the Office of Management reporting periods per year. representative. and Budget. The Office of International Request for Comments: Comments On the basis of the application, the Affairs within the Department of the submitted in response to this notice will Board finds that the proposed Treasury is soliciting comments be summarized and/or included in the transaction is consistent with the public concerning Treasury International request for Office of Management and interest and should be authorized. If any Capital Form S, Purchases and Sales of Budget approval. All comments will opposing comments are timely filed, Long-term Securities by Foreigners. become a matter of public record. The this finding will be deemed vacated DATES: Written comments should be public is invited to submit written and, unless a final decision can be made received on or before September 22, comments concerning: (a) Whether on the record as developed, a 2003 to be assurred of consideration. Form S is necessary for the proper procedural schedule will be adopted to ADDRESSES: Direct all written comments performance of the functions of the reconsider the application. See 49 CFR to Dwight Wolkow, International Office, including whether the

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information will have practical uses; (b) to all United States persons (defined will be contacted individually by the the accuracy of the above estimate of the below) who meet the reporting Federal Reserve Bank of New York. burdens; (c) ways to enhance the requirements set forth in this Notice that Entities not contacted by the Federal quality, usefulness and clarity of the they must respond to, and comply with, Reserve Bank of New York have no information to be collected; (d) ways to this survey. Additional copies of the reporting responsibilities. minimize the reporting and/or record reporting form SHLA and instructions What to Report: This report will keeping burdens on respondents, may be printed from the Internet at: collect information on foreign resident including the use of information http://www.treas.gov/tic/forms.html holdings of U.S. securities, including Definition: A U.S. person is any technologies to automate the collection equities, short-term debt securities individual, branch, partnership, of the data; and (e) estimates of capital (including selected money market associated group, association, estate, or start-up costs of operation, instruments), and long-term debt trust, corporation, or other organization maintenance and purchase of services to securities. provide information. (whether or not organized under the laws of any State), and any government How to Report: Copies of the survey Dwight Wolkow, (including a foreign government, the forms and instructions, which contain Administrator, International Portfolio United States Government, a state, complete information on reporting Investment Data Systems. provincial, or local government, and any procedures and definitions, can be [FR Doc. 03–18639 Filed 7–22–03; 8:45 am] agency, corporation, financial obtained by contacting the survey staff BILLING CODE 4810–25–P institution, or other entity or of the Federal Reserve Bank of New instrumentality thereof, including a York at (212) 720–6300, e-mail: government-sponsored agency), who [email protected]. The mailing DEPARTMENT OF THE TREASURY resides in the United States or is subject address is: Federal Reserve Bank of New to the jurisdiction of the United States. York, Statistics Function, 4th Floor, 33 Office of International Affairs; Survey Who Must Report: The following U.S. Liberty Street, New York, NY 10045– of Foreign Ownership of U.S. persons must report on this survey: It is 0001. Securities as of June 30, 2003 expected that reporting will be required When to Report: Data should be AGENCY: Departmental Offices, only from those who filed last year submitted to the Federal Reserve Bank Department of the Treasury. Form SHLA entitled Foreign-Residents’ of New York, acting as fiscal agent for ACTION: Notice of reporting Holdings of U.S. Securities, Including the Department of the Treasury, by requirements. Selected Money Market Instruments as August 29, 2003. of June 28, 2002. The panel for this SUMMARY: By this Notice, the survey is based upon the level of foreign Dated: July 11, 2003. Department of the Treasury is informing holdings of U.S. securities reported on Dwight Wolkow, the public that it is conducting a the March 2000 benchmark survey of Administrator, International Portfolio mandatory survey of foreign ownership foreign holdings of U.S. securities and Investment Data Reporting Systems. of U.S. securities as of June 30, 2003. will consist of the largest reporters on [FR Doc. 03–18638 Filed 7–22–03; 8:45 am] This Notice constitutes legal notification that survey. Entities required to report BILLING CODE 4810–25–P

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Part II

Department of Homeland Security Bureau of Customs and Border Protection

19 CFR Parts 4, 103, 113 et al. Required Advance Electronic Presentation of Cargo Information; Proposed Rule

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DEPARTMENT OF HOMELAND Outbound cargo, all modes: Erika Furthermore, the Department of the SECURITY Unangst, Field Operations, 202–927– Treasury recently issued an order 0284; (Treasury Order 100–16, dated May 15, Bureau of Customs and Border For economic impact issues: Daniel J. 2003) delegating to DHS certain Protection Norman, Field Operations, 202–927– Customs revenue functions that were 4305. otherwise retained by the Treasury 19 CFR Parts 4, 103, 113, 122, 123 and SUPPLEMENTARY INFORMATION: Department under sections 412 and 415 192 of the Act. In accordance with the RIN 1515–AD33 Background Homeland Security Act and this transfer Section 343(a) of the Trade Act of and delegation of functions, certain Required Advance Electronic 2002 (Public Law 107–210, 116 Stat. matters, such as this proposed rule Presentation of Cargo Information 933, enacted on August 6, 2002), as which is designed to ensure cargo safety amended by section 108 of the Maritime and security rather than revenue AGENCY: Customs and Border Protection, assessment, now fall solely within the Homeland Security. Transportation Security Act of 2002 (Public Law 107–295, 116 Stat. 2064, jurisdiction of DHS. ACTION: Proposed rule. enacted on November 25, 2002), and Therefore, inasmuch as CBP is an integral component of DHS, and in view SUMMARY: This document proposes to codified at 19 U.S.C. 2071 note, requires that the Secretary endeavor to of the subject functions transferred/ amend the Customs Regulations to delegated in this regard from Treasury provide that Customs and Border promulgate final regulations not later than October 1, 2003, that provide for to DHS, this proposed regulation is Protection (CBP) must receive, by way being issued by CBP with the approval of a CBP-approved electronic data the mandatory collection of electronic cargo information by the Customs of DHS. Nevertheless, CBP has also interchange system, information coordinated the development of this pertaining to cargo before the cargo is Service (now part of the Bureau of Customs and Border Protection (CBP)), proposed rule jointly with the Treasury either brought into or sent from the Department. United States by any mode of either prior to the arrival of the cargo in commercial transportation (sea, air, rail the United States or its departure from Statutory Factors Governing or truck). The cargo information the United States by any mode of Development of Regulations required is that which is reasonably commercial transportation (sea, air, rail or truck). Under section 343(a), as Under section 343(a), as amended, the necessary to enable high-risk shipments requirement to provide particular cargo to be identified so as to prevent amended, the information required must consist of that information about the information to CBP is generally to be smuggling and ensure cargo safety and imposed upon the party likely to have security pursuant to the laws enforced cargo which is determined to be reasonably necessary to enable CBP to direct knowledge of the required and administered by CBP. The proposed information. However, where doing so regulations are specifically intended to identify high-risk shipments so as to prevent smuggling and ensure cargo is not practicable, CBP in the proposed implement the provisions of section regulations must take into account how 343(a) of the Trade Act of 2002, as safety and security pursuant to the laws that are enforced and administered by the party on whom the requirement is amended by the Maritime imposed acquires the necessary Transportation Security Act of 2002. CBP. Consequently, for the purposes set information under ordinary commercial DATES: Written comments must be forth in section 343(a), as amended, and practices, and whether and how this received on or before August 22, 2003. within the parameters prescribed in the party is able to verify the information it ADDRESSES: Written comments are to be statute, as highlighted below, this has acquired. Where the party is not addressed to the Bureau of Customs and document proposes to amend the reasonably able to verify the Border Protection (CBP), Office of Customs Regulations in order to require information, the proposed regulations Regulations and Rulings, Attention: the advance electronic transmission of must allow the party to submit the Regulations Branch, 1300 Pennsylvania information pertaining to cargo prior to information on the basis of what it Avenue, NW., Washington, DC 20229. its being brought into, or sent from, the reasonably believes to be true. Submitted comments may be inspected United States. Furthermore, in developing the at CBP, 799 9th Street, NW., regulations, CBP, as required, has taken Washington, DC during regular business CBP Authority for Issuance of Proposed into consideration the remaining hours. Arrangements to inspect Rule parameters set forth in the statute, submitted comments should be made in When the Trade Act of 2002 was including: advance by calling Mr. Joseph Clark at enacted (Public Law 107–210; August 6, • The existence of competitive (202) 572–8768. 2002), CBP was part of the Department relationships among parties upon which FOR FURTHER INFORMATION CONTACT: of the Treasury as the Customs Service. the information collection requirements Legal matters: Glen E. Vereb, Office of Thereafter, the Homeland Security Act are imposed; Regulations and Rulings, (202) 572– of 2002 was enacted (Public Law 107– • Differences among cargo carriers 8724; 296; November 25, 2002), which created that arise from varying modes of Trade compliance issues: the Department of Homeland Security transportation, different commercial Inbound vessel cargo: Kimberly Nott, (DHS). Section 403 of the Homeland practices and operational Field Operations, 202–927–0042; Security Act (the Act) transferred to the characteristics, and the technological Inbound air cargo: David M. King, newly created Department the capacity to collect and transmit Field Operations, 202–927–1133; functions, personnel, assets, and information electronically; Inbound truck cargo: Enrique liabilities of the Customs Service, • The need for interim requirements Tamayo, Field Operations, 202–927– including the functions of the Secretary to reflect the technology that is available 3112; of the Treasury relating thereto. at the time of promulgation of the Inbound rail cargo: Juan Cancio-Bello, Customs, later renamed as CBP, thereby regulations for purposes of the parties Field Operations, 202–927–3459; became a component of DHS. transmitting, and CBP receiving and

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analyzing, electronic information in a Also, at the meetings and on the seq.) would apply to this rulemaking. It timely fashion; Customs Web site, suggestions and has been determined, as a result of the • That the use of information comments were solicited from the initial analysis conducted, that this collected pursuant to these regulations public. The CBP received numerous proposed rule would not have a is to be only for ensuring cargo safety submissions via e-mail which similarly significant economic impact upon a and security and preventing smuggling provided valuable insights and substantial number of small entities and not for determining merchandise recommendations regarding the under the RFA. This economic analysis entry or for any other commercial development of the proposed rule. is attached as an Appendix to this enforcement purposes; Moreover, an extensive number of document. For the reasons set forth in • The protection of the privacy of meetings were held with workgroups of the analysis, the agency does not make business proprietary and any other the subcommittee on advance cargo a certification at this time with regard to confidential cargo information that CBP information requirements of the the regulatory requirements of 5 U.S.C. receives under these regulations, with Treasury Advisory Committee on the 603 and 604. Comments are specifically the exception that certain manifest Commercial Operations of the U.S. requested as to the impact of the information is required to be made Customs Service (COAC), which greatly proposed rule on small entities. available for public disclosure under 19 assisted CBP in its development of these This rule is a ‘‘significant regulatory U.S.C. 1431(c); proposed regulations. Indeed, much of action’’ under Executive Order (E.O.) • Balancing the likely impact on the the input and recommendations from 12866 and has been reviewed by the flow of commerce with the impact on those members of the trade who Office of Management and Budget in cargo safety and security in determining participated in the public meetings, the accordance with that E.O. However, it is the timing for transmittal of required various workgroups of the COAC our preliminary determination that the information; subcommittee, as well as the views • proposed rule would not result in an Where practicable, avoiding expressed in the many e-mail ‘‘economically significant regulatory requirements in the regulations that are submissions in this matter, are reflected action’’ under E.O. 12866, as regards the redundant with one another or with in these proposed regulations. impact on the national economy. requirements under other provisions of In this regard, what follows is a law; and Protection of Confidential Information • review of, and CBP’s response to, the The need, where appropriate, for most salient issues and Presented to CBP different transition periods for different recommendations that were presented Comment classes of affected parties to comply pursuant to this consultation process, Cargo manifest data collected by CBP with the electronic filing requirements along with an overview of the proposed under section 343(a), as amended, in the regulations. programs for advance information filing should be kept confidential by the Additionally, the statute requires that for cargo destined to, or departing from, agency and not be released to the a broad range of parties, including the United States by vessel, air, rail or public. importers, exporters, carriers, customs truck. brokers, and freight forwarders, among CBP Response other interested parties, likely to be Public Comments; General affected by the regulations, be consulted Section 343(a)(3)(G), as amended, Costs of Automation; Economic expressly requires that CBP in its and their comments obtained and Analysis evaluated as a prelude to the implementing regulations protect the development and promulgation of the Comment privacy of any business proprietary and any other confidential cargo information regulations. In furtherance of this, by a Any implementing regulations that is furnished to CBP in accordance notice published in the Federal Register compelling the advance presentation to with section 343(a), except for any (67 FR 70706) on November 26, 2002, CBP of electronic information for cargo manifest information that is collected the United States Customs Service, destined to the United States, under pursuant to section 431, Tariff Act of which is now merged into CBP, section 343(a), as amended, would 1930, as amended (19 U.S.C. 1431), and announced a series of public meetings impose substantial automation costs on required to be available for public in accordance with section 343(a) to the carrier trade. The CBP should disclosure pursuant to section 1431(c). assist in the formulation of these conduct an economic impact analysis to It is emphasized in this connection that proposed regulations. The meetings this effect. were also announced on the Customs the application of section 1431(c) has Web site. CBP Response been effectively limited only to vessel Separate meetings were scheduled As is set forth below, there are cargo manifest information (§ 103.31, and held to address specific issues electronic data transmission systems Customs Regulations (19 CFR 103.31)). related to the advance electronic already in place in many of the modes. As thus mandated by the law, CBP presentation of information prior to the When coupled with the fact that much intends to accord full protection to the arrival or departure of air cargo (January of the trade already uses these systems, privacy of air, rail, or truck cargo 14, 2003), truck cargo (January 16, it does not appear that requiring information that is collected under 2003), rail cargo (January 21, 2003) and advance electronic cargo information section 343(a), as amended; to this sea cargo (January 23, 2003). would impose substantial costs on the effect, CBP has included in this ‘‘Strawman’’ proposals were offered by trade. document a proposed amendment to Customs at the meetings and were made Nevertheless, Customs and Border part 103, Customs Regulations (19 CFR available on the Customs Web site. In Protection (CBP) has conducted an part 103) (see proposed § 103.31a)). the meetings, members of the importing economic analysis to determine whether Information Technology; Interface With and exporting community made many the proposed rule is an ‘‘economically Other Government Agencies significant observations, insights, and significant regulatory action’’ under suggestions as to what CBP should Executive Order 12866 and whether the Comment consider and how CBP should proceed requirements of the Regulatory The regulations should avoid in composing the proposed regulations. Flexibility Act (RFA) (5 U.S.C. 601 et redundancy requirements with those of

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other Federal agencies. There should be requirements, these agencies may have Inbound truck: Free And Secure one filing procedure for all Federal different information needs to Trade System (FAST); Pre-Arrival agencies (e.g., the Food and Drug accomplish their different statutory Processing System (PAPS) (which Administration (FDA); and the Animal mandates. For example, some of the employs the Automated Broker Interface and Plant Health Inspection Service information requirements in section 307 (ABI)); Border Release Advanced (APHIS)). All data elements to be of the Public Health Security and Screening and Selectivity program required by Federal agencies, both Bioterrorism Preparedness and (BRASS, modified as appropriate); and within and without the Department of Response Act of 2002 to address food Customs Automated Forms Entry Homeland Security (DHS), for traffic safety and security assessments, are System (CAFES) or ABI in-bond entering the United States should be different from those required by CBP. In reporting. coordinated through a single entity, some instances, the time needed by In this latter regard, and to the preferably CBP. Toward this end, the other agencies to receive, review, and additional extent that future approved notification requirements of other respond to this information to automated data systems are to be Federal agencies should be integrated accomplish their statutory mission may implemented, CBP, either generally or into the CBP regulations for section be different from the time required by on a port-by-port basis, as applicable, 343(a), as amended. CBP to assess and respond to will give advance notice of the effective CBP Response information needed to achieve CBP’s date of implementation of the specific statutory mission. To the extent system at particular port(s) of arrival by To the extent feasible, CBP will possible, CBP will work with other publishing a notice to this effect in the continue to explore ways and methods interested agencies to share the Federal Register. to harmonize and synchronize information collected under section Master Bills/House Bills information collection requirements 343(a), as amended, with other Federal among the several agencies involved, so agencies. Generally speaking, a master bill of that the cargo information CBP collects lading refers to the bill of lading that is under section 343(a), as amended, may Postal Shipments generated by the incoming carrier be provided by electronic means to Comment covering a consolidated shipment. A other Federal offices. Indeed, efforts in consolidated shipment would consist of this regard are already underway in The advance cargo information a number of separate shipments that connection with the development of the provisions for incoming cargo should have been received and consolidated Automated Commercial Environment apply to air/vessel shipments through into one shipment by a party such as a (ACE) and the International Trade Data the United States Postal Service (USPS). freight forwarder or a Non Vessel System (ITDS) (a single system that will CBP Response Operating Common Carrier (NVOCC) for fully integrate all requisite information delivery as a single shipment to the As prescribed in section 343(a)(3)(K), about goods entering and exiting the incoming carrier. The consolidated as amended, CBP has the authority, in United States). These discussions may shipment, as noted, would be covered consultation with the Postmaster ultimately lead to a sole portal (‘‘single under the incoming carrier’s master bill; General, to require advance cargo window’’) for receiving all inward cargo and this master bill could reflect the information for shipments by the USPS. information that may be required to name of the freight forwarder, the The CBP still has this issue under assist other agencies in administering NVOCC or other such party as being the consideration. Should a determination and enforcing statutes enacted to further shipper (of the consolidated shipment). be made to extend the advance combat threats to the safety and security However, each of the shipments thus electronic cargo information mandate to of the nation. consolidated would be covered by what However, at present, CBP is of USPS shipments, such postal shipments is referred to as a house bill. The house necessity operating under severe time would be the subject of a separate notice bill for each individual shipment in the constraints in endeavoring to comply of proposed rulemaking. consolidated shipment would reference with the statutory deadline for Overview; Electronic Filing; Shipper on the name of the actual shipper (which promulgating final regulations under Master/House Bills would be the actual foreign owner and section 343(a) as a national security imperative. Given the limited time Pursuant to section 343(a)(1), as exporter of the cargo to the United available, the construction of a fully- amended, cargo information for required States). As will be seen from the data integrated, comprehensive multi-agency inbound and outbound shipments must elements as proposed in this electronic data interchange system does be transmitted to CBP by means of a rulemaking, it is this latter information not, at this moment, appear to be a CBP-approved electronic data as to the identity of the actual shipper practicable or feasible concept, interchange system. In this document, from the relevant house bill that CBP is especially in view of the multitude of CBP is proposing that cargo information seeking for targeting purposes. technological modifications and be transmitted or presented through Public Comments; Vessel Cargo substantial reprogramming that would existing CBP-approved data systems. As Destined to the United States be needed for existing systems in order is further elucidated infra, for each to effectuate this; and withholding the incoming mode and for all outbound Summary of Principal Comments implementation of the final regulations modes, these existing data systems are Most of the comments received pending the completion of an as follows: concerning the advance information undertaking of such magnitude would Outbound, all modes: Automated reporting requirements for incoming quite clearly be inconsistent with the Export System (AES); vessel cargo evidenced an intent to urgency of the legislation. Inbound vessels: Vessel Automated revisit the ‘‘24-hour rule’’ that was The CBP notes that other agencies, Manifest System (Vessel AMS); issued and became effective last year such as FDA, have different statutory Inbound aircraft: Air Automated (T.D. 02–62, 67 FR 66318; October 31, requirements regarding advance notice Manifest System (Air AMS); 2002). of imports. The CBP further notes that, Inbound rail: Rail Automated In brief, it was principally requested due to these different statutory Manifest System (Rail AMS); that advance cargo information filing by

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Non Vessel Operating Common Carriers international freight forwarding field, 4.7a(c)(4)(viii), Customs Regulations (19 (NVOCCs) be eliminated, due to a those NVOCCs that seek to file required CFR 4.7a(c)(4)(viii)), would be revised to number of operational problems business proprietary and other include the additional meaning of this experienced by incoming carriers, that confidential cargo information for their data element. have resulted from limitations said to be incoming shipments directly with CBP In addition, with reference to the inherent in the Vessel Automated should be allowed to do so, rather than identity of the consignee, for Manifest System (AMS) when NVOCCs, having to furnish such information to consolidated shipments, at the master as opposed to the vessel carriers, vessel carriers for electronic bill level, the identity of the NVOCC, transmit shipment information to CBP; presentation to CBP. The CBP is freight forwarder, container station or at the same time, though, it was confident that operational issues that other carrier would be sufficient. advocated that importers should be have arisen in relation to the However, parties identified as permitted, at their discretion, to file implementation of the 24-hour rule will ‘‘consolidators,’’ even though they may through AMS certain information that over time be satisfactorily addressed; also be NVOCCs, may not participate in would likely best be known to them as toward this end, CBP will continue to be Vessel AMS. to the identification and nature of the available to assist the trade in resolving For non-consolidated shipments, and incoming cargo. Also, it was asked that such issues. for each house bill in a consolidated definitions be added to the regulations There is no consensus in the trade shipment, the consignee would be the regarding those data elements pertaining community as to whether importers party to whom the cargo would be to shipper and consignee information. should provide sea cargo data to CBP. delivered in the United States, with the In addition, it was asked that When this split is coupled with the exception of ‘‘FROB’’ (Foreign Cargo Department of Defense-contracted current design and functionality of the Remaining On Board). If the name of the conveyances be exempted from the 24- AMS system, CBP finds that allowing consignee, as described, is available, the hour rule. importers, at their discretion, to carrier must disclose this information. participate in advance electronic filing CBP Response However, where cargo is shipped ‘‘to through the system would at this time the order of [a named party],’’ which is In sum, CBP stands by the 24-hour be neither advisable nor practicable. a common business practice, the carrier rule for incoming vessel cargo and does Government Vessels must report this named ‘‘to order’’ party not contemplate any major change to it as the consignee in the advance cargo Government vessels falling within the under this rulemaking, with one information submission; and, if there is purview of § 4.5(a), Customs exception: to introduce the mandate that any other commercial party listed in the Regulations (19 CFR 4.5(a)), are exempt vessel carriers file their advance cargo bill of lading for delivery or contact from the requirement to make entry, manifest information with CBP purposes, the carrier must also report and, as such, they would already be electronically. this other commercial party’s identity As explained in the final rule (67 FR exempt from having to comply with and contact information (address/phone at 66319), the 24-hour pre-lading advance cargo declaration reporting number) in the ‘‘Notify Party’’ field of requirement for incoming vessel cargo, under the 24-hour rule (see 19 CFR the advance electronic data especially containerized vessel cargo, is 4.7(a), (b)(2)). For purposes of enlarging transmission to CBP, to the extent that tied inextricably to the Container- upon those vessels that would be the CBP-approved electronic data Security Initiative (CSI). CSI was subject to such exemptions, it is noted interchange system is capable of developed to secure an indispensable, that by a separate, interim rule, CBP will receiving this data. Section 4.7a(c)(4)(ix) but vulnerable, link in the chain of expand the definition of government would be revised to include the added global trade: containerized shipping. vessels. meaning of this data element. Annually, more than 6 million cargo Data Elements—Shipper, Consignee; Also, § 4.7a(c)(4) would further be containers are off loaded at U.S. Date and Time of Departure amended to require the date and time of seaports. A core element of CSI is to pre- the departure of the vessel from foreign, screen such containers at the port of With reference to the identity of the as reflected in the vessel log. departure before they are shipped. To shipper, at the master bill level, for enable this pre-screening to be done consolidated shipments, the identity of Overview; Vessel Cargo Destined to the fully and effectively, it is essential that the Non Vessel Operating Common United States the required advance cargo declaration Carrier (NVOCC), freight forwarder, Electronic Filing Mandate information be presented to CBP at least container station or other carrier would 24 hours prior to lading the cargo be sufficient. For non-consolidated Under this proposed rule, in principal aboard the vessel at the foreign port. shipments, and for each house bill in a part, the 24-hour rule would be With the implementation of CSI and consolidated shipment, the identity of amended to provide that vessel carriers the 24-hour rule, CBP has been able to the actual shipper (who is both the must present their cargo declarations to identify shipments that have posed owner and the exporter) of the cargo CBP by means of a CBP-approved potential threats; and security-related from the foreign country would be electronic data interchange system, 24 seizures of problematic shipments have needed. To elaborate, the foreign owner hours before lading the cargo aboard the occurred. In short, these programs—CSI of the goods just before they are vessel in the foreign port. coupled with the 24-hour rule—have delivered for export, and who initially consigns and ships them from the Transition/Timetable for Compliance become a critical bulwark against With Electronic Filing Mandate threats to the safety and security of foreign country, is the party who United States seaports, trade, industry, ultimately decides that the goods are to Within 90 days of the publication of and the country. be disposed of in another country, such this advance electronic cargo as the United States. The foreign information requirement as a final rule Non Vessel Operating Common Carriers shipper and owner of the goods is, in the Federal Register, all ocean (NVOCCs) therefore, the exporter, because this is carriers, and NVOCCs choosing to In consideration of the competitive the party initially responsible for participate, must be automated on the relationships that exist in the causing the export. Section Vessel AMS system at all ports of entry

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in the United States where their cargo electronically presented to CBP no later asserted that any liability for the will initially arrive. than 4 hours prior to the arrival of the accuracy of the information that a party aircraft at the first port of arrival in the presented to CBP should fall upon the Comments; Air Cargo Destined to the United States. entity that supplied the information to United States At present, CBP believes that these the presenting party. Time Frame for Presenting Advance time frames (no later than ‘‘wheels-up’’ CBP Response Cargo Information to CBP or 4 hours prior to arrival, as applicable) should enable CBP to properly conduct Inbound air carriers that are otherwise Comment a risk assessment for incoming air cargo required to make entry under § 122.41, The time frames for presenting and, if found advisable, to make Customs Regulations (19 CFR 122.41), electronic cargo information to CBP for preparations to hold the cargo for would be required to file advance cargo air cargo prior to the cargo’s arrival in further information or for examination, information electronically with CBP. the United States that were set forth in as required to ensure cargo safety and The existing automated air cargo the ‘‘strawman’’ proposal (12 hours in security under section 343(a), as manifest system (the Air Automated advance of foreign lading generally, and amended. At the same time, CBP has Manifest System (Air AMS)) was 8 hours in advance of foreign lading in determined that these time frames originally designed and structured to the case of express courier shipments) should realistically accommodate the receive electronic data directly from the were excessively long. Such lengthy concerns of the trade, and should not incoming air carrier. advance time frames would destroy disrupt the flow of commerce. Indeed, Nevertheless, in addition to the ‘‘just-in-time’’ delivery systems. Instead, an important reason for the different incoming air carrier’s mandatory it was chiefly recommended that the time frames proposed is the need to participation in presenting advance time frame be one hour prior to arrival obviate disruptions in the flow of electronic air cargo information, CBP in the United States; other commenters, commerce; given this consideration, the has concluded that one of a number of however, thought that the time frame for effect on ‘‘just-in-time’’ (‘‘JIT’’) delivery other parties would be able to transmission should be determined on a systems should be nonexistent. voluntarily present to CBP a part of the country-by-country basis, or, in the The time frames proposed for electronic information required for the alternative, at the time of ‘‘wheels-up’’ submitting electronic information to inbound air cargo. These parties could on the aircraft. CBP for inbound air cargo would thus consist of one of the following: Also, it was asserted that the advance be consistent for all air cargo shipments (1) An ABI (Automated Broker notice time frame should be consistent regardless of the type of operator or the Interface) filer as identified by its ABI within each mode of transport; nature of the cargo; the time frames filer code (this entity could be either the alternatively, it was suggested that the would differ based only upon the importer of the cargo or the importer’s advance filing time frame for charter foreign area from which the incoming authorized Customs broker); flights should be shorter than for other air carrier was departing for the United (2) A Container Freight Station/ flights, and that there should be special States. deconsolidator as identified by its procedures for time-sensitive cargoes FIRMS (Facilities Information and (short haul). Parties Required/Eligible To Participate Resources Management System) code; in Advance Cargo Information Filing (3) An Express Consignment Carrier CBP Response Facility likewise identified by its FIRMS Comment The time frames in the ‘‘strawman’’ code; or proposal were put forth only for It was asked whether freight (4) Any air carrier as identified by its purposes of stimulating a dialogue with forwarders to the United States would IATA (International Air Transport the importing trade regarding the be required to participate in advance Authority) code, that arranged to have development of an appropriate time cargo information filing. In the the incoming air carrier transport cargo frame for the electronic submission of alternative, it was requested that to the United States. information for inbound air cargo. This advance electronic shipment Unlike Vessel AMS, as explained issue is central to the implementation of information be supplied to CBP by the above, and Rail AMS, as discussed section 343(a) of the Trade Act of 2002, foreign shipper (the exporter to the below, Air AMS has the existing design as amended. United States) or by the U.S. importer. capabilities and functionality to, and in Accordingly, after considering the In addition, it was recommended that fact already does, accept information feedback received from the importing freight deconsolidators (Container from parties other than the importing trade in response to the ‘‘strawman,’’ Freight Stations) be allowed to transmit carrier for inward cargo shipments. The CBP is proposing in this rulemaking that in-bond information electronically to CBP expects to make this capability to information for inbound air cargo be CBP at the house air waybill level. In supply data available to a wider group electronically presented no later than this overall context, it was further of trade members, as appropriate, and to the time of departure of the aircraft for mentioned that CBP would need to make any systems modifications the United States (no later than the time specify what type of bond would be necessary to accommodate possible that wheels are up on the aircraft, and required for any non-carrier commercial variations in the order in which data it is en route directly to the United participants in advance electronic cargo might be received. States), in the case of aircraft departing information filing under section 343(a), Hence, along with the incoming air for the United States from any foreign as amended. Also, two commenters carrier for whom participation in Air port or place in North America, which urged that cargo information be AMS is compulsory, any one of the includes locations in Mexico, Central supplied to CBP by the foreign country foregoing parties could elect to supply America, South America (from north of (government). certain data for air cargo to CBP, the Equator only), the Caribbean, and It was also generally stated that some provided that the party established the Bermuda. For aircraft departing for the parties in the air environment would communication protocol required by United States from any other foreign simply be unable to comply with the CBP for properly presenting electronic area, information for the inbound air advance electronic cargo information data through the system, and provided cargo would be required to be requirements. In any case, it was further that the party, other than an

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importer or broker, was in possession of information on the basis of what the posted a Customs international carrier a Customs international carrier bond party reasonably believed to be true. bond containing all necessary containing all the necessary provisions provisions of 19 CFR 113.64; and that it Comment of 19 CFR 113.64. had established the communication However, in the case of cargo There should be an exemption from protocol required by CBP for properly shipments transported under a the advance cargo filing requirements presenting electronic data through the consolidated master air waybill, only for aircraft that are owned or leased by system. one party could supply information for the Department of Defense. Comment all such cargo so shipped. CBP Response It is observed that the importer or its The CBP should clearly define the authorized agent would be the party in Aircraft, including public aircraft as meaning of those data elements which the United States most likely to have defined in 19 CFR 122.1(i), that are must be presented for inbound air cargo. direct knowledge as to particular exempt from entry under 19 CFR 122.41 information about the nature and would be exempt from advance cargo CBP Response destination of the cargo. Secondly, a information filing under this proposed The CBP believes that the proposed facility, such as a Consolidator or an rule. It is noted that by a separate, data elements to be required in advance Express Consignment Carrier, that interim rule, CBP will expand upon for incoming air cargo are fairly well handled the shipment and/or arranged those aircraft that are subject to such an known; however, a number of the data for its delivery to the incoming carrier, exemption from entry. elements set out in the proposed would also have access to particular Comment regulations are accompanied by detailed information about the cargo, more so explanations as to their meaning. than the incoming carrier. Generally Participants in the Customs-Trade Should it be called for, CBP will include speaking, for consolidated shipments, Partnership Against Terrorism (C– additional definitions for those elements information in the direct possession of TPAT), and related parties, should be about which the importing air such a facility would consist of data excluded from the advance cargo community might prefer greater from its house air waybill(s) that would information requirement or should be elucidation. not be directly known by the incoming subject to a reduced time frame within Therefore, CBP requests comments in carrier. which the advance cargo information response to this proposed rule Thus, in recognition of possible must be transmitted. especially concerning those data competitive relationships that a party CBP Response elements contained in proposed such as a container freight station, § 122.48a(d) for which the importing air The CBP disagrees with this freight forwarder, or express community seeks additional guidance. consignment or other carrier, might suggestion. However, participation in have with the incoming air carrier, such C–TPAT would be considered as one Comment party would have the opportunity, if it factor in targeting whether cargo needed Most of the necessary data for so elected, to present the required to be held upon arrival pending the incoming cargo would not necessarily information directly to CBP, as opposed receipt of further information or for be available prior to its lading aboard to having to present this information to examination. Such additional the aircraft. Moreover, the line-item the inward air carrier or a service information, if required, would have to Harmonized Tariff Schedule (HTS) provider who would, on its behalf, be made available at the port of arrival. number for air cargo would not be transmit this information for the cargo Required Cargo Information; available prior to the departure of the to CBP. Availability/Correction of Data aircraft. The air carrier would not In any event, it would not be realistic Transmitted always have information for cargo at the or feasible to seek to obligate a foreign house air waybill level; and CBP should country (government) to transmit Comment allow in-transit consolidations to be advance cargo information for For freight forwarders that might reported at the master air waybill level. commercial cargo sent from that country participate in the advance electronic Also, CBP should permit an air carrier to the United States; and it is submitted filing of cargo information, it was asked to submit electronic cargo data for in this connection that section what information they would shipments brought in by truck. 343(a)(3)(B), as amended, clearly specifically be required to transmit to CBP Response envisages the electronic filing of cargo CBP. information by appropriate commercial Because CBP proposes to require or business entities, rather than foreign CBP Response advance cargo information for incoming governments. The specific data elements that would aircraft either no later than the time of Since the party from whom electronic be required from a participating party ‘‘wheels-up’’ or no later than 4 hours air cargo information would be required are enumerated below under the prior to arrival in the United States, as might not necessarily, in all situations, heading ‘‘Overview; Air Cargo Destined applicable (and not prior to the foreign be the party with direct knowledge of to the United States’’ (see ‘‘Additional lading of the cargo aboard the aircraft), that information, CBP would take into Data Elements from Incoming Carriers; the commenters’ concerns as to the consideration how, in accordance with Other Participants’’); and these data availability of the necessary data for the ordinary commercial practices, the elements are also set forth in proposed cargo prior to foreign lading are electronic filer acquired such § 122.48a(d). A freight forwarder could addressed. information, and whether and how the be included among those parties that Nevertheless, concerning the possible filer was able to verify this information. could participate voluntarily in unavailability of the 6-digit HTS Where the party electronically electronic cargo information filing, number for the cargo prior to foreign presenting the cargo information to CBP provided that the freight forwarder was departure, it is emphasized that either a was not reasonably able to verify such either an ABI filer, a Container Freight precise description of the cargo or its information, CBP would permit the Station/deconsolidator or an Express HTS 6-digit tariff subheading would be party to electronically present the Consignment Carrier Facility; that it had sufficient. In any case, under the

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proposal, as already explained, the line- Pre-Departure Screening of Cargo; Cargo air cargo information have been item HTS number for the cargo would Inspections in the United States designed so as to preclude any need to essentially not be required prior to the retain cargo in a foreign area in order to Comment departure of the aircraft for the United comply with the pre-arrival reporting States. Air cargo security is already highly mandate. As to the carrier not always having regulated by the Transportation Security Requested Exemptions/Exclusions From cargo information from the house air Administration (TSA), the Federal Electronic Filing Requirements waybill, should another party, such as Aviation Administration (FAA), and an ABI filer, elect to participate in other agencies and foreign governments. Comment As such, there should be no pre- advance automated cargo information Advance electronic information departure screening process required for filing, the carrier would only be should not be required for inbound air incoming air cargo. In the alternative, it responsible for transmitting information cargo in diplomatic pouches. was advocated that CBP should consider from the master air waybill. However, if Merchandise brought in by the air a CSI (Container Security Initiative)- another electronic filer did not carrier for its own use should be exempt type program for air cargo. In the event participate in transmitting needed cargo as well from the advance electronic that pre-departure/lading information is information to CBP, the incoming information provisions. Also, letters and necessary for pre-screening purposes, carrier would need to obtain the house documents should be exempted from CBP should provide a positive load/no- air waybill information from the the detailed advance electronic cargo load message to the electronic filer. relevant party for presentation to CBP. information submission. It was further Also, for cargo that may be identified as In-transit consolidations of inbound asked whether the advance filing high risk, CBP should not compel cargo typically present the same issues requirements would apply to hand- inspections of such cargo at locations in of cargo safety and security as other carried merchandise or merchandise the United States that are merely inbound shipments. Thus, the complete checked in passenger baggage. house air waybill information would be technical stops. required from the carrier or the other CBP Response CBP Response party electing to participate in advance For purposes of this rulemaking, all cargo information filing. Also, should an There will be no pre-departure- air cargo shipped under an air waybill, air carrier choose to ship freight by screening-and-hold process applied to regardless of its nature, would be truck, advance cargo information would air cargo under this proposal. While subject to the advance electronic be required to be presented to CBP CBP may consider the possibility of reporting provisions. This would through the truck processing system (see developing a CSI-type initiative for air include diplomatic pouches and letters proposed § 123.92); electronic air cargo based on a number of factors, and documents. Also, merchandise documents would not be accepted in including the terrorist threat, the brought in by an air carrier for its own lieu of advance electronic truck cargo success of industry security programs, use would be subject to the same information. and the success of this rulemaking and advance cargo information filing related CBP security efforts, such a Comment requirements that would apply to other proposal falls outside the scope of this incoming cargo. However, hand-carried If cargo were bumped from one flight rulemaking. merchandise and merchandise In addition, inspections of cargo in to a later flight, there should be no need contained in passenger baggage would the United States conducted for the to re-transmit related cargo information not be subject to the advance cargo purpose of ensuring cargo safety and that was previously transmitted to CBP. information requirements in this security and for the prevention of rulemaking; such merchandise would be CBP Response smuggling would only be conducted if included in the passenger baggage Given the time frames proposed, since the cargo had been identified as declaration. cargo information would essentially not potentially posing a safety, security or be required prior to the departure of the smuggling risk; and CBP would work Required Information Technology; aircraft for the United States, this issue with the carrier and other affected Trade Support; Transition Periods should not present a significant Government agencies to determine an Comment concern. appropriate location to examine such potentially high-risk cargo. In It was asked whether CBP would Comment appropriate cases, however, landing provide staffing for data/targeting The CBP should allow changes and rights could be denied to an incoming analysis and related trade support on an additions to electronically transmitted carrier if advance cargo information was around-the-clock basis; and two manifest information in accordance not timely, accurately, and completely commenters were insistent that CBP with current manifest discrepancy presented to CBP (see proposed conduct extensive training in Air AMS reporting policies. § 122.14). filing procedures at all ports. Various concerns were also expressed as to the CBP Response Comment ability of CBP to effectively analyze Complete and accurate information The possible need for a carrier to advance cargo information. would need to be presented to CBP for retain cargo in a staging/storage area at CBP Response cargo aboard the aircraft no later than a foreign location in order to comply the time period specified for the with a pre-departure advance An automated targeting system for particular foreign area from which the information requirement for inbound performing a risk assessment for aircraft departs for the United States. As cargo would create a security risk for the incoming air cargo will be fully in place for any changes in the cargo information cargo that would not otherwise exist. upon the effective date of the final already transmitted for a flight, the regulations. Automated data/targeting procedures for discrepancy reporting CBP Response analysis for risk assessment will be will be the subject of a separate As indicated, the time frames available at all times. Related trade rulemaking. proposed for the advance reporting of support will be available during regular

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port hours; and CBP will conduct any Overview; Air Cargo Destined to the interchange system and present the training that CBP personnel might need United States necessary cargo information to CBP. in Air AMS procedures. The carrier will only need to be Electronic Systems To Be Used automated at each port where entrance Comment Air carriers, and certain other parties and clearance of the aircraft is required. authorized for voluntary participation in Incoming air carriers and other To effectuate the filing of electronic the program, must transmit through a authorized parties who choose to do so cargo information under section 343(a), CBP-approved electronic data may participate in Air AMS until CBP as amended, CBP should consider interchange system advance cargo air migrates to a different processing integrating advanced information waybill information, in accordance with system. For this reason, the technology (IT) products into its current the ‘‘Transition and Implementation implementing regulations will refer only automated manifest filing system. Timeline’’ discussed below. The current to a ‘‘CBP-approved electronic data Additionally, the Automated CBP system for transmitting air cargo interchange system’’ in order to Commercial Environment (ACE) system information is the Air Automated accommodate the future migration to should be compatible with the Manifest System (Air AMS). Also, any superseding data processing implementing regulations. Also, there certain express consignment carriers systems. should be a grace period given under have proprietary electronic data systems In addition to an incoming air carrier the implementing regulations in order to which CBP personnel can access. The for whom participation will be afford trade participants the chance to CBP will permit the use of these mandatory, one of the following parties make suitable changes to their computer electronic proprietary systems, provided may elect to transmit particular data to programming; and there should likewise that the participants are capable of CBP for incoming cargo: an ABI filer be a grace period allowed during which providing the data in a suitable (importer or its Customs broker); a such trade participants could bring the electronic format to CBP for the Container Freight Station/ purposes of ensuring cargo safety and detail and accuracy of their advance deconsolidator as identified by its security and preventing smuggling, FIRMS code; an Express Consignment information filing up to the level that unless CBP determines that it is Carrier Facility likewise identified by its CBP would require. necessary to migrate those participants FIRMS code; or an air carrier as CBP Response to Air AMS. In addition, these express identified by its IATA code, that consignment carriers will be required to arranged to have the incoming air While disposed to explore any provide CBP with an electronic record carrier transport the cargo to the United advances in IT products, CBP will of the data in a CBP-approved storage States. To be qualified to file cargo largely rely, at least initially, upon the medium. All other express consignment information electronically, the party Air AMS, with appropriate future carriers, including those that currently would need to establish the modifications, as the principal vehicle submit information to CBP using paper communication protocol required by to achieve the goal of advance air cargo documents, will be required to CBP for properly presenting electronic information presentation under section participate in Air AMS. information through the data interchange system; and, except for an 343(a), as amended. However, any new Data Submission Timelines system developed within the framework importer or broker, the party would of ACE will be compatible with the Air carriers and other parties electing have to possess a Customs international implementing regulations. For this to participate in the program would carrier bond containing all the necessary transmit the required information to reason, therefore, the implementing provisions of 19 CFR 113.64. CBP no later than the time of departure regulations will refer generally to a CBP- Consequently, the carrier will either (‘‘wheels-up’’) for aircraft that are have to obtain all the needed cargo approved electronic data interchange departing for the United States from any shipment information for presentation system (rather than to Air AMS, foreign port or place in North America, to CBP, or the carrier will need to obtain specifically). including locations in Mexico, Central the unique identifier of the party that The CBP contemplates that, pursuant America, South America (from north of will separately transmit to CBP a to section 343(a)(3)(J), as amended, the the Equator only), the Caribbean, and portion of the required data for the effective date that would be set for the Bermuda. For aircraft departing for the cargo; the other party’s unique identifier final implementing regulations United States from any other foreign code would have to accompany the following their promulgation should area, such carriers and other parties carrier’s data transmission to CBP, so afford sufficient time for Air AMS would transmit the required information that CBP could associate the subject participants to make suitable changes to to CBP no later than 4 hours prior to the cargo shipment with both electronic their programming for the advance arrival of the aircraft at the first port of transmissions related to the cargo. transmission of cargo data; and the arrival in the United States. This Permission to unlade all or part of the effective date would similarly amount of time should enable CBP to cargo could be denied or delayed, and incorporate a reasonable grace period conduct an adequate analysis of the data penalties and/or liquidated damages within which Air AMS participants and to select individual shipments for could be assessed, where the air carrier should be able to bring their advance further document review or physical or other electronic filer transmitted examination, while not disrupting the inaccurate, incomplete or untimely data filing up to the level of detail and flow of commerce and ‘‘just-in-time’’ information to CBP. accuracy that CBP seeks. Specifically, delivery systems. the proposed effective date, and the Information Required From Air Carriers provisions for delaying the effective Parties Required/Eligible To Present An incoming air carrier would need to date, for compliance with the advance Advance Electronic Cargo Information transmit all of the necessary information presentation of electronic air cargo All carriers required to enter under for non-consolidated air waybills. For information to CBP under section § 122.41, Customs Regulations (19 CFR consolidated shipments: the carrier 343(a), as amended, are contained in 122.41), would be required to would have to present to CBP all the proposed § 122.48a(e). participate in the electronic data required information from the master air

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waybill record; and the carrier would (9) Cargo description (M) (for (1) The master air waybill number and supply all the information for associated consolidated shipments, the word the associated house air waybill number house air waybill records where another ‘‘Consolidation’’ is a sufficient (M) (the house air waybill number may authorized party did not electronically description for the master air waybill be up to 12 alphanumeric characters transmit information for the associated record; for non-consolidated shipments, (each alphanumeric character that is house air waybills directly to CBP. If a precise cargo description or the 6-digit indicated on the paper house air waybill another approved party did transmit the Harmonized Tariff Schedule (HTS) document must be included in the information, the carrier would not be number must be provided); electronic transmission; alpha required to electronically supply such (10) Shipper name and address (M) characters may not be eliminated)); information. (for consolidated shipments, this may be (2) Foreign airport of origin (M) (The The carrier would still be required the name and address of the 3-alpha character ICAO code under 19 U.S.C. 1431 to have a manifest consolidator, express consignment or corresponding to the airport from which for all cargo aboard the aircraft, whether other carrier, for the master air waybill a shipment began its transportation by that cargo was manifested under a non- record; for non-consolidated shipments, air to the United States (for example, if consolidated air waybill or a house air this must be the name and address of a shipment began its transportation from waybill that was part of a consolidation. the actual shipper (the owner and Hong Kong (HKG), and it transits These proposed regulations apply to exporter) of the merchandise from the through Narita, Japan (NRT), en route to air cargo that would be entered into the foreign country); the United States, the airport of origin United States, as well as to in-transit air (11) Consignee name and address (M) is HKG, not NRT)); cargo including any cargo which (for consolidated shipments, this may be (3) Cargo description (M) (a precise remained aboard the aircraft on the the name and address of the container description of the cargo or the 6-digit same through flight. freight station, express consignment or Harmonized Tariff Schedule (HTS) number must be provided. Generic Specific Data Elements; Air Carriers other carrier, for the master air waybill record; for non-consolidated shipments, descriptions, specifically those such as In the following listing of data this must be the name and address of ‘‘FAK’’ (‘‘freight of all kinds’’), ‘‘general elements for air carriers, an ‘‘M’’ next to the party to whom the cargo will be cargo’’, and ‘‘STC’’ (‘‘said to contain’’) any element indicates that the data delivered, with the exception of are not acceptable); element would be mandatory in all ‘‘FROB’’ (Foreign Cargo Remaining On (4) Total quantity based on the cases; a ‘‘C’’ next to the data element Board)); smallest external packing unit (M) (for indicates that the data element was (12) Consolidation identifier (C); example, 2 pallets containing 50 pieces conditional and would be transmitted to (13) Split shipment indicator (C) (this each would be considered as 100, not 2); CBP if the condition were present for (5) Total weight of cargo (M) (may be data element includes information that particular air waybill. expressed in either pounds or indicating the particular portion of the (1) Air waybill number (M) (The air kilograms); split shipment that will arrive; the waybill number is the International Air (6) Shipper name and address (M) (the boarded quantity of that portion of the Transport Association (IATA) standard name and address of the actual shipper split shipment (based on the smallest 11-digit number); (the owner and exporter) of the cargo (2) Trip/flight number (M); external packing unit); and the boarded from the foreign country); (3) Carrier/ICAO (International Civil weight of that portion of the split (7) Consignee name and address (M) Aviation Organization) code (M) (The shipment (expressed in either pounds or (the name and address of the party to approved electronic data interchange kilograms)); whom the cargo will be delivered in the system supports both 3- and 2-character (14) Permit to proceed information (C) United States, with the exception of ICAO codes, provided that the final (this element includes the permit-to- ‘‘FROB’’); and digit of the 2-character code is not a proceed destination airport (the 3-alpha (8) In-bond information (C) (this data numeric value); character ICAO code corresponding to element includes the destination (4) Airport of arrival (M) (The 3-alpha the permit-to-proceed destination airport; the international/domestic character ICAO code corresponding to airport); and the scheduled date of identifier (the in-bond type indicator); the first airport of arrival in the Customs arrival at the permit-to-proceed the in-bond control number, if there is territory of the United States (for destination airport); one (C); and the onward carrier example, Chicago O’Hare = ORD; Los (15) Identifier of other party which is identifier, if applicable (C)). to submit additional air waybill Angeles International Airport = LAX)); Advance Electronic Information for (5) Airport of origin (M) (The 3-alpha information (C); Letters and Documents character ICAO code corresponding to (16) In-bond information (C) (this data the airport from which a shipment element includes the destination For purposes of compliance with the began its transportation by air to the airport; the international/domestic advance cargo information filing United States (for example, if a identifier (the in-bond type indicator); requirements under section 343(a), as shipment began its transportation from the in-bond control number, if there is amended, letters and documents would Hong Kong (HKG), and it transits one (C); and the onward carrier be subject to the same procedures as all through Narita, Japan (NRT), en route to identifier, if applicable (C)); and other types of cargo. Such ‘‘letters and the United States, the airport of origin (17) Local transfer facility (C). documents’’ comprise the data (for is HKG, not NRT)); example, business records and Additional Data Elements From diagrams) described in General Note (6) Scheduled date of arrival (M); Incoming Carriers; Other Participants (7) Total quantity based on the 19(c), Harmonized Tariff Schedule of smallest external packing unit (M) (for In addition to the data elements listed the United States (HTSUS); personal example, 2 pallets containing 50 pieces in items ‘‘1’’ through ‘‘17’’ above, the correspondence, whether on paper, each would be considered as 100, not 2); incoming air carrier, or another eligible cards, photographs, tapes, or other (8) Total weight (M) (may be electronic filer electing to do so, must media; and securities and similar expressed in either pounds or transmit the following information to evidence of value described in kilograms); CBP for the inward cargo: subheading 4907, HTSUS, but not

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including monetary instruments Comments; Rail Cargo Destined to the within the 2-hour period, it may result covered under 31 U.S.C. 5301–5322. United States in more trains spending time at the border uncoupling cars in order for Time Frame for Transmitting Electronic Freight Status Notifications them to be examined. Nevertheless, CBP Information; Impact on Commerce If the facility (carrier, deconsolidator, is confident that this proposed time or other party) currently holding the Comment frame should not have any notable impact upon rail business practices, goods was automated, that party would Various suggestions were made including ‘‘just-in-time’’ (JIT’’) have to honor all freight status regarding the time in which advance rail inventory shipments. In this latter cargo data would need to be notifications transmitted by CBP. Cargo respect, CBP is aware that commerce electronically presented to CBP. could not be transferred to another has increasingly relied on ‘‘JIT’’ Specifically, the following time frames facility, moved under the provisions of shipping as a more cost effective way of were put forth: 4 hours prior to the in-bond regulations or released to conducting business. the consignee except upon electronic departure for the United States; 4 hours status notifications from CBP. Should prior to arrival in the United States; 2 Party Required To Present Data to CBP hours prior to arrival; and under 2 hours the cargo be transferred to a non- Comment prior to arrival. By contrast, it was automated facility (e.g., a Container One commenter asked that the Freight Station, a carrier facility in stated that the time frame set forth in the ‘‘strawman’’ proposal (24 hours prior to shipper (the exporter from the foreign another port, or the like), that facility lading in the foreign country) was country) and the United States importer would be required to accept only paper unworkable/unrealistic. It was also be required to transmit the required documents for the disposition of the stated that any time frame that CBP cargo data to CBP. Another commenter cargo. proposed should not adversely impact said that the shipper should supply the Transition and Implementation ‘‘just-in-time’’ shipping practices. data. Three commenters asserted that Timeline data should be accepted utilizing CBP Response current systems and that the trade not All air carriers, and those authorized The time frame in the ‘‘strawman’’ be forced to incur extraordinary parties that choose to participate in was put forth only as a perfunctory expenses for system upgrades which presenting advance cargo information proposal, merely for the purpose of might only have to be quickly replaced electronically to CBP through the eliciting feedback from the trade in due to the establishment of the approved automated system, would be order to assist CBP in developing an Automated Commercial Environment expected to comply with the provisions appropriate time frame for inclusion in (ACE). of these regulations on and after 90 days the proposed regulations. After CBP Response from the date that the final rule in this considering the various recommendations from the rail trade, While it is recognized that the shipper matter is published in the Federal and/or the United States importer could Register. However, CBP could delay the CBP agrees with those commenters who recommended that electronic cargo data be the parties most likely to possess implementation of the final regulations for incoming rail cargo be presented no direct knowledge of particular at a given port until the necessary later than 2 hours prior to the arrival of information about the incoming rail training had been provided to CBP the cargo at a United States port of cargo, CBP has initially concluded that personnel at that port. Also, CBP could entry. it should be incumbent upon the rail delay the effective date of the final The CBP is of the opinion that this carrier to submit the required regulations in the event that any minimum 2-hour period for presenting information for the cargo. Simply stated, essential programming changes to the rail cargo information electronically in the current CBP-approved electronic applicable CBP-approved electronic advance of arrival is a reasonable and data interchange system (the Rail data interchange system were not in practical time frame for the submission Automated Manifest System (Rail place. Finally, CBP could delay the of the necessary cargo data, and one that AMS)) is essentially structured and effective date of the regulations if should not disrupt the flow of rail programmed only to receive such data further time were required to complete commerce into the country. This view is directly from the carrier. Accepting certification testing of new participants. based in large part on the understanding advance cargo information from the Any such delay would be the subject of that rail carriers will transmit cargo data shipper and/or the United States a notice provided through the Federal on many types of shipments (e.g., importer would not be practicable in the Register intermodal sea traffic) as it becomes present automated rail environment. available, thereby limiting the amount The CBP will employ the prevailing Electronic System Failure; Downtime of data that is transmitted 2 hours prior system to electronically transmit and to arrival. receive cargo information pending the Should the approved electronic data advent of the Automated Commercial interchange system go down, the At present, CBP finds that this is the minimum time period needed to Environment (ACE). When ACE is incoming air carrier and, if applicable, perform the requisite risk analysis in established and in place, it may have any other electronic filer would have to relation to the transmitted data, and, if the capability to receive data from the submit a hard copy equivalent of all necessary, to request further information foreign exporter and/or the U.S. required electronic cargo information to about the cargo, or to arrange for its importer. CBP either no later than ‘‘wheels-up’’ or examination in those instances, which Requested Exemptions From the no later than 4 hours prior to the arrival are anticipated to be rare, where an Advance Electronic Filing Requirements of the aircraft in the United States, examination should be found depending upon the foreign area from warranted. Comment which the incoming aircraft departs for Rail carriers need to be advised, Vessel-to-rail containers and bulk/ the United States. however, that while CBP is confident break-bulk shipments should be that the targeting can be accomplished exempted from the filing requirements.

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Members of C–TPAT (the Customs- Information Technology; High Risk paper copy of the electronic data Trade Partnership Against Terrorism) Cargo elements would still be used, with some and participants in the FAST (Free And adjustments as appropriate. Comment Secure Trade) system should be Comment exempted from having to present The CBP would need to automate any advance electronic cargo data for their ports that were not already automated in Should an examination of any cargo shipments; and the Department of order to enable the port to transmit or aboard the incoming train be found Defense (DoD) should have exemptions receive electronic data as part of the warranted, the train should be allowed based on the nature of their shipments advance information filing program. to proceed to the first inland port where the examination would be conducted. (descriptions for sensitive military cargo CBP Response should be general). CBP Response The CBP will automate any remaining CBP Response port that is not now operational on the Absent special circumstances, all security-related examinations under Generally speaking, it is the view of existing CBP-approved electronic data section 343(a), as amended, would CBP that a straightforward and interchange system (Rail AMS). occur at or near the border. streamlined regulation, unencumbered Comment with multiple special exemptions, Transition Period for Complying with Mandatory automation under section would present the most workable Advance Cargo Information Filing 343(a), as amended, would place system especially with respect to the additional pressure on trade Comment rail environment. Given the abbreviated participants. The CBP should take steps time frame proposed (no later than 2 A number of commenters advocated to ensure that its offices would be fully hours prior to arrival at a U.S. port of that they be afforded a transition period staffed around-the-clock at all rail entry), CBP believes that the rail for complying with the regulations, crossings in order to handle any community in particular should be able without specifying what the period eventualities resulting from the to comply with the advance should be. One commenter asked for a implementation of the final advance transmission of needed cargo data, with period of 180 days; another suggested cargo information filing regulations. no measurable disruption in the flow of that different periods be allowed for cross-border commerce; this should CBP Response different types of affected parties; and another requested that there be a period render moot most of the special requests The CBP will make every effort to for exemptions from the proposed similar to the 90-day transition period ensure that there will be sufficient staff granted for incoming vessel cargo under advance filing requirements. to assist the trade in effectively Nevertheless, CBP is proposing to the ‘‘24-hour rule’’ (T.D. 02–62, 67 FR complying with the regulations. The 66318; October 31, 2002). exempt one category of cargo from the CBP is aware that effectively advance automated notification rule: administering the advance cargo CBP Response Domestic cargo that would arrive by information program will undoubtedly The CBP, as noted, seeks uniformity train at one port from another in the place upon it additional burdens, and simplicity in its advance cargo United States after transiting a foreign especially on some of the smaller ports reporting rule for rail traffic, and agrees country would not be subject to the along the border. with the recommendation that a 90-day advance electronic information filing transition period would be adequate requirement for incoming cargo; but Comment under the circumstances, particularly advance information for such domestic Railroads rely extensively on given that the rail industry is highly cargo may be electronically presented to Automated Line Release. The CBP automated. Hence, a rail carrier would CBP, if desired. should retain the C–4 Line Release need to begin the electronic Required Data Elements Program (19 CFR part 142, subpart D) transmission to CBP of the required for the rail industry; eliminating Line cargo information 90 days from the date Comment Release would negatively affect carriers that the port of arrival becomes participating in Rail AMS as it would automated. Required data elements to be delay the time required for rail release. transmitted to CBP should be clearly set Overview; Rail Cargo Destined to the forth; and CBP should give clear CBP Response United States instructions as to what level of data For the present, CBP intends to keep Rail Carrier Transmittal of Required would be sought. some type of Line Release, which might Information for Incoming Cargo CBP Response necessitate only some slight changes in names and terms. For any train requiring a train sheet The proposed data elements for under 19 CFR 123.6, that would have incoming rail cargo are contained in Comment commercial cargo aboard, the rail carrier proposed § 123.91(d). A number of the The CBP should establish procedures would be required to electronically data elements contained in this to be followed if Rail AMS were not present to CBP certain information proposed regulation are accompanied by functioning properly when a carrier concerning the incoming cargo no later explanations. The CBP will include attempted to file information through than 2 hours prior to arrival at a United additional definitions for those elements the system. Specific backup systems States port of entry. Specifically, based about which the importing rail should be designated in the event of upon the transition/timetable as community may desire greater unplanned outages of either CBP’s discussed below under ‘‘Transition elucidation. To assist in making this system or the rail carriers’ systems. Period,’’ to effect the advance electronic determination, CBP requests comments transmission of the required rail cargo especially concerning those data CBP Response information to CBP, the rail carrier elements for which the importing rail The CBP contemplates that the would have to use a CBP-approved community seeks further guidance. existing procedures of presenting a electronic data interchange system.

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Currently, the CBP-approved automated transiting a foreign country would not bill of lading for delivery or contact system for this purpose is the Rail be subject to the advance electronic purposes, the carrier must also report Automated Manifest System (Rail AMS). information filing requirement for this other commercial party’s identity As indicated, the current CBP- incoming cargo; however, advance and contact information (address/phone approved automated system (Rail AMS) information for such domestic cargo number) in the ‘‘Notify Party’’ field of for electronically collecting cargo could be electronically presented to the advance electronic data information for incoming rail cargo is CBP, if desired. transmission to CBP, to the extent that programmed and structured to receive the CBP-approved electronic data cargo data only from the inward rail Specific Information Required From the Carrier interchange system is capable of carrier. Additionally, it is highly receiving this data. The identification practicable and administratively The rail carrier must electronically number will be a unique number expeditious for CBP to obtain the present to CBP the following cargo assigned by CBP upon implementation necessary cargo data from rail carriers as shipment information for all incoming of the Automated Commercial these carriers would already have the cargo, as outlined above, that would Environment); most direct contact with CBP, as arrive in the United States by train: (8) The place where the rail carrier opposed to the foreign shipper (1) The rail carrier identification takes possession of the cargo shipment; (exporter), a foreign freight forwarder, or SCAC code (the unique Standard Carrier (9) Internationally recognized the U.S. importer, who could, Alpha Code assigned for each carrier by hazardous material code when such nevertheless, be more likely to have the National Motor Freight Traffic materials are being shipped by rail; direct knowledge of particular Association; see 19 CFR 4.7a(c)(2)(iii)); (10) Container numbers (for information involving the incoming (2) The carrier-assigned conveyance containerized shipments) or the rail car cargo. For this latter reason, and as a name, equipment number and trip numbers; and pre-requisite to accepting the cargo, the number; (11) The seal numbers for all seals carrier would need to receive any (3) The scheduled date and time of affixed to containers and/or rail cars, to necessary cargo information from the arrival of the train at the first port of the extent that the electronic system can foreign shipper and owner of the cargo entry in the United States; accept this information (currently, Rail or from a freight forwarder, as (4) The numbers and quantities of the AMS only has the capability to accept applicable. cargo laden aboard the train as two seal numbers per container; the contained in the carrier’s bill of lading, electronic presentation of up to two seal Foreign Cargo Transiting the United either master or house, as applicable numbers for each container would be States (this means the quantity of the lowest considered as constituting full Any foreign cargo arriving by train for external packaging unit; containers and compliance with this data element). transportation in transit across the pallets do not constitute acceptable United States would be subject to the information; for example, a container Electronic Freight Status Notifications advance electronic information filing holding 10 pallets with 200 cartons If the party holding the goods was requirement for incoming cargo. This should be described as 200 cartons); automated, that party would have to includes foreign cargo being transported (5) A precise description (or the honor all freight status notifications from one foreign country into another, Harmonized Tariff Schedule (HTS) transmitted by CBP. Cargo could not be and cargo arriving by train for numbers to the 6-digit level under transferred to a facility, moved under transportation through the United States which the cargo is classified if that the provisions of the in-bond from one point to another in the same information is received from the regulations or released to the consignee foreign country. Further, cargo that was shipper) and weight of the cargo; or, for except upon electronic status to be unladen from the arriving train a sealed container, the shipper’s notifications from CBP. and entered, in bond, for exportation, or declared description and weight of the for transportation and exportation, in cargo (generic descriptions, specifically Transition Period another vehicle or conveyance would those such as ‘‘FAK’’ (‘‘freight of all The CBP will be automating any also be subject to this advance kinds’’), ‘‘general cargo,’’ and ‘‘STC’’ existing port that currently is not able to electronic information filing (‘‘said to contain’’) are not acceptable); receive or transmit electronic requirement. (6) The shipper’s complete name and information through the CBP-approved address, or identification number, from electronic data interchange system. Exemption From Filing Mandate; the bill(s) of lading (this means the There are currently up to 12 ports, most Domestic Cargo Transiting Foreign actual owner (exporter) of the cargo of them Permit Ports, that would require Country from the foreign country; listing a automation and training for CBP staff With respect to incoming rail cargo, freight forwarder or broker under this who are unfamiliar with the electronic CBP believes that, as a general category is not acceptable; the data interchange system. Rail carriers proposition, exemptions from the identification number will be a unique would have to commence the advance advance electronic filing requirements number to be assigned by CBP upon the electronic transmission to CBP of the would unduly complicate the implementation of the Automated required cargo information on and after administration of the program. In Commercial Environment); 90 days from the date that CBP consideration of the fairly abbreviated (7) The complete name and address of publishes a notice in the Federal time frame for transmitting the the consignee, or identification number, Register informing affected carriers that electronic cargo information, CBP finds from the bill(s) of lading (The consignee Rail AMS is in place and operational at that a basic, uniformly-imposed advance is the party to whom the cargo will be the port of entry where the train would filing requirement would occasion only delivered in the United States. However, initially arrive in the United States. minimal disruption to cross-border in the case of cargo shipped ‘‘to the commerce in the rail environment. order of [a named party],’’ the carrier Electronic System Failure; Downtime Nevertheless, domestic cargo that must identify this named ‘‘to order’’ Should the automated system fail, would arrive by train at one port from party as the consignee; and, if there is after going online, existing procedures, another in the United States after any other commercial party listed in the with some adjustments, if necessary,

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would be used for presenting a hard 5. Participation in special programs CBP by the entry filer. The carrier copy equivalent of the electronic such as the Customs-Trade Partnership provides the driver with a bar-coded documentation to CBP. Against Terrorism (C–TPAT) should be representation of that information to taken into account by CBP and CBP accompany the paper inward manifest Public Comments; Truck Cargo should work with the Canadian (CF 7533) and invoices. The CBP Destined to the United States government under the Shared Border inspector uses that bar code to retrieve Summary of Principal Comments Accords to arrive at common procedures the electronic record and targeting The following comments were and requirements to ease the burden on results in the automated system. The received regarding the procedures for the trade. carrier can then be processed without the necessity of stopping at the entry advance reporting of inbound cargo CBP Response filer’s office and be released from either information for trucks: Taking into account the flexibility the primary truck inspection booth or 1. Any provision for pre-reporting provided by the Trade Act (e.g., information for inbound truck cargo from the cargo examination facility. developing interim measures based on The advance transmission, via fax or should be pre-arrival, rather than pre- existing technology to enable CBP to other means, of the SCAC/Pro-bill lading; and it was variously identify high-risk shipments), CBP number from the carrier or shipper to recommended that such notification be agrees that, on an interim basis, existing the filer eliminates the requirement of required no earlier than either 15 systems, especially the Free and Secure any return communication from the filer minutes or 30 minutes prior to reaching Trade (FAST) system, will be employed, to the carrier. The submission of the ABI the port of arrival in the United States. being enhanced and adapted as data in advance of arrival eliminates the These time frames are necessary to appropriate, to effect the advance need for carriers to park in an import lot account for the ‘‘just-in-time’’ delivery presentation of the necessary and spend additional time at an entry systems that have been developed commodity and carrier information for filer’s office; traffic congestion decreases around land border operations. inbound truck cargo, as a prelude to the and efficiencies in the release process 2. To accomplish the electronic creation and activation of the Truck increase. transmission of the requisite data to Manifest module in ACE. (The Truck The electronic filer would have to CBP, on an interim basis, pending the Manifest module in ACE will be the present commodity and transportation establishment of the electronic truck subject of a separate notice in the information to CBP for the subject cargo multi-modal manifest system in the Federal Register.) However, regardless no later than either 30 minutes or 1 hour Automated Commercial Environment of what actual program(s)/procedure(s) prior to the carrier’s arrival at a United (ACE), the trade should be able to satisfy may be employed at any given time or States port of entry, depending upon the the pre-notification requirements of the place to comply with the pre-arrival specific CBP-approved system statute by using existing systems/ information filing requirements of employed in transmitting the required programs, such as PAPS (the Pre-Arrival section 343(a), as amended, the data, with the exception of CAFES and Processing System), BRASS (the Border regulations, for uniformity and BRASS, as described below. This 30- Release Advanced Screening and continuity, will simply reflect that the minute or 1-hour period would be Selectivity program, and FAST (the Free required data elements must be measured by the time that CBP receives and Secure Trade program). In presented through a CBP-approved the information, as opposed to the time particular, CBP should take into electronic data interchange system. that the electronic filer transmits the consideration the importance of the role information for the cargo. The CBP Interim Measures of the BRASS system in expediting the believes that this time period, in flow of traffic at the land borders. As indicated, until the development relation to the particular automated No new information-submission of the Truck Manifest Module in ACE, system used, would be the minimum systems should be initiated or imposed CBP will employ existing systems on period needed to perform a targeting during the interim period. The proposed both the Northern and Southern borders analysis for cargo selectivity, and, if pre-reporting provisions should be to receive and evaluate information for found warranted, to arrange for an uniform for all ports on the U.S./Canada incoming truck shipments. These inspection or examination of the cargo as well as the U.S./Mexico borders. systems are FAST, PAPS (which uses following its arrival. This advance cargo Filers should not be held liable for the Automated Broker Interface (ABI)), information reporting requirement incorrect/incomplete information BRASS (which would be modified as would thus be the same at all ports, supplied by others. necessary), and CAFES (the Customs depending on the approved system used 3. There should be transition periods Automated Forms Entry System) or ABI to present the cargo information to CBP. for implementing advance cargo in-bond reporting. Specifically, in this latter respect, information transmissions for the The Pre-Arrival Processing System under the Free and Secure Trade (FAST) trucking industry that would take into (PAPS) is a method of speeding the system, the electronic filer would have account the fact that the industry has, at release of Border Cargo Selectivity or to present commodity and present, multiple sectors with varying, regular Cargo Selectivity entries on the transportation information to CBP for limited degrees of automation; indeed, land border. The shipment data required the subject cargo no later than 30 much of the trucking trade on the U.S./ to submit an entry through the minutes prior to the carrier’s arrival at Mexico border is currently not Automated Broker Interface (ABI) must a United States port of entry. The CBP automated. Further, a contingency plan be provided to the entry filer by the believes that FAST shipments can be for handling shipments arriving without shipper or the carrier or other trade screened and targeted, as appropriate, any pre-notification should be created partner in advance of the conveyance with less advance notification than and publicized. arrival. Also included in that ABI data would otherwise be necessary, because 4. CBP should expand its hours of is the Pro-Bill or Bill of Lading assigned of the prior screening incurred by the operation to 24 hours a day, seven days to the shipment by the carrier and the parties to the FAST transaction, a week and have sufficient staffing to Standard Carrier Alpha Code (SCAC) including the driver. However, under perform any inspections during those assigned to the carrier. That code and PAPS or ABI in-bond reporting, the hours. number is submitted through ABI to required cargo data would need to be

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presented no later than 1 hour prior to the course of the preceding year. designated time period. However, the arrival at the U.S. port of entry. By Additionally, CBP will take measures United States importer, or its Customs contrast, for CAFES and BRASS (as considered necessary to ensure the broker, if electing to do so, could modified), given the limitations of these security of the BRASS program by instead timely file with CBP any systems, the necessary information incorporating voluntary program required commodity and other data that would be submitted upon arrival at the requirements such as FAST Driver it possessed in relation to the cargo. first port of entry. registration and participation in the Such information would likely be The only system currently in effect Customs-Trade Partnership Against directly known by the importer or its that allows carrier transmission of data Terrorism. broker. If the importer or broker did electronically to CBP is FAST, with Moreover, for in-bond shipments elect to file the commodity data with respect to those transactions that have transiting the United States that arrive CBP, the carrier would have to present data submitted totally through an by truck, as an interim procedure, CBP the required data pertaining to the electronic interface with CBP. Other will also make use of those systems that transportation of the cargo. Such participants in FAST have the electronic are currently available, since the information would, of course, be best shipment data transmitted via the entry necessity for screening advance data for known by the carrier. filer in the Automated Broker Interface in-bond truck shipments must be In any event, should the electronic (ABI) system of the Automated addressed while awaiting future filer of the cargo information receive Commercial System (ACS), while the automated systems in the truck any of this information from another carrier/driver presents a paper manifest environment. In particular, the Customs party, the law mandates that where the for the goods on the conveyance. In Automated Forms Entry System electronic filer is not reasonably able to either case, the driver must be a (CAFES) will be utilized to prepare the verify the information received, the registered driver in the FAST Driver Customs Form (CF) 7512 in-bond regulations must allow the filer to Registration Program. Under the FAST document at all land border crossings transmit the information based on what system, the electronic filer would need where no other automation is available it reasonably believes to be true. The to present cargo data to CBP no later for in-bond shipments. While this CBP has expressly included this that 30 minutes prior to the carrier’s capability does not include advance mandate in the proposed regulations. arrival at a U.S. port of entry. notice of the details of a shipment, it The CBP will make every effort to Additionally, CBP acknowledges the does include automated screening when ensure that there will be sufficient staff role that BRASS (formerly Line Release the shipment arrives and is processed to assist the trade in effectively (19 CFR part 142, subpart D)) plays in by CBP. As an alternative, carriers or complying with the regulations. The the expeditious movement of cargo on their agents may use the Automated CBP is aware that effectively the land border. However, the current Broker Interface (ABI) to transmit in- administering the advance cargo methodology utilized in BRASS for bond information for shipments arriving information program will undoubtedly trucks does not allow for an advance by truck. place additional burdens upon it, electronic notice prior to arrival. The Interim Transition Periods especially on some of the smaller ports BRASS system is, and remains, heavily along the border. based upon the presentation of paper Furthermore, CBP recognizes the Finally, CBP will not propose a manifests, invoices and C–4 bar code merit, and necessity, of affording contingency plan for handling cargo that labels (19 CFR 142.43(b)). It is observed, suitable transition periods for is not pre-reported in accordance with though, that CBP has already instituted implementing the regulations for inward the regulations; once implemented at a an electronic form of BRASS in the Rail truck cargo. To this effect, CBP proposes port, the advance reporting provisions Automated Manifest System, and that cargo information be filed would be mandatory for all required intends to do the same with the electronically for truck cargo that would cargo. For any inward cargo for which introduction of a Truck Automated arrive at a United States port of entry on advance electronic commodity and Manifest System in ACE. In the interim, and after 90 days from the date that CBP transportation information was not CBP intends to allow the continuation has published a notice in the Federal presented to CBP, as otherwise required of BRASS for trucks, but may institute Register informing affected carriers that: in the regulations, the transporting some additional requirements or (1) The approved data interchange is carrier could be refused admission to otherwise modify BRASS in order to in place and fully operational at that the United States, or be denied a permit increase the security of BRASS port; and to unlade such cargo. transactions. (2) The carrier must commence the The CBP proposes a gradual transition presentation of the required advance Overview; Truck Cargo Destined to the from the reliance on the paper based cargo information through the approved United States BRASS release system. With the system. incorporation of a fully electronic Transmittal of Required Information for During these interim periods, Incoming Cargo version of BRASS planned in the new however, if CBP suspected that goods automated truck manifest scheduled for were being routed in an attempt to For any truck required to report its delivery under the Automated evade advance scrutiny at an automated arrival under 19 CFR 123.1(b), that will Commercial Environment (ACE), CBP United States port of arrival, those have commercial cargo aboard, CBP does not propose making any changes to goods would very likely be treated as must electronically receive from the the method in which the current paper high risk upon their arrival at a non- inbound truck carrier, and from the based BRASS operates. A gradual automated port. United States importer, or its Customs reduction in the parties eligible to broker, if they choose to do so, certain utilize the existing paper based BRASS Mandatory Filing by Truck Carrier; information concerning the incoming system is planned, with limitations in Voluntary Importer Participation cargo. Except as provided for BRASS participation based on concerns of other Under the proposed pre-notification and CAFES under the previous section government agencies, the level of program, the incoming truck carrier concerning ‘‘Interim Measures,’’ CBP compliance within past BRASS would be obliged to submit all essential must receive such cargo information by shipments and the volume of usage over information to CBP within the means of a CBP-approved electronic

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data interchange system no later than informally entered on Customs Form National Motor Freight Traffic either 30 minutes (for FAST) or 1 hour (CF) 368 or 368A (cash collection or Association; see 19 CFR 4.7a(c)(2)(iii)); (for PAPS and ABI in-bond reporting) receipt); (2) Goods, unconditionally or (3) Trip number and, if applicable, the prior to the carrier’s arrival at a United conditionally free, not exceeding $2,000 transportation reference number for States port of entry. in value, that are eligible for entry under each shipment (the transportation CF 7523; and (3) Products of the United reference number is the freight bill Foreign Cargo Transiting the United States being returned, for which entry is number, or Pro Number, if such a States prescribed on CF 3311. In these number has been generated by the For foreign cargo transiting the United instances, the paper entry document carrier); States in-bond, as an interim measure, alone would serve as both the manifest (4) Container number(s) (for any CBP intends to employ CAFES or ABI and entry. containerized shipment) (if different in-bond reporting when either of these from the equipment number), and the Affected Parties systems is available at the given port of seal numbers for all seals affixed to the arrival. In addition, any foreign cargo The incoming truck carrier must equipment or container(s); arriving by truck for transportation in present the required commodity and (5) The foreign location where the transit across the United States would transportation information in advance to truck carrier takes possession of the be subject to the advance electronic CBP electronically via the CBP- cargo destined for the United States; information filing requirement for approved electronic data interchange, (6) The scheduled date and time of incoming cargo when the Truck currently through FAST, PAPS, BRASS arrival of the truck at the first port of Manifest module in the Automated (modified as necessary), CAFES or ABI entry in the United States; Commercial Environment (ACE) is in-bond reporting, and, when available, (7) The numbers and quantities for the implemented and made mandatory at through ACE. However, the United cargo laden aboard the truck as the port of arrival. This reporting States importer, or its Customs broker, contained in the bill(s) of lading (this requirement for in-transit cargo would if choosing to do so, may instead means the quantity of the lowest include foreign cargo being transported electronically submit to CBP, within the external packaging unit; containers and by truck from one foreign country to designated time period, that portion of pallets do not constitute acceptable another (19 CFR 123.31(a)), and cargo the required information that it information; for example, a container being transported from point to point in possesses in relation to the cargo. Where holding 10 pallets with 200 cartons the same foreign country (19 CFR the importer, or broker, elects to file a should be described as 200 cartons); 123.31(b); and 19 CFR 123.42). Further, portion of the cargo information, the (8) The weight of the cargo, or, for a cargo that is to be unladen from the carrier would be responsible for timely sealed container, the shipper’s declared arriving truck and entered, in bond, for presenting to CBP the remainder of the weight of the cargo; exportation, or for transportation and required data. (9) A precise description of the cargo exportation, in another vehicle or or the Harmonized Tariff Schedule conveyance would also be subject to Specific Information Required (HTS) numbers to the 6-digit level under this advance electronic information The cargo data elements that would which the cargo will be classified filing requirement, either under CAFES need to be presented electronically to (Generic descriptions, specifically those or ABI in-bond reporting, or under ACE CBP, on an interim basis, are those data such as FAK (‘‘freight of all kinds’’), when it is implemented and made elements that are currently required ‘‘general cargo,’’ and ‘‘STC’’ (‘‘said to mandatory at the port of arrival. under FAST. The anticipated data contain’’) are not acceptable); However, as previously observed, the elements for electronic submission (10) Internationally recognized implementation of ACE will be the under ACE have not been completely hazardous material code when such subject of a future Federal Register finalized yet. The data elements that cargo is being shipped by truck; notice. would be required under ACE will be (11) The shipper’s complete name and identified at a future date pursuant to a address, or identification number, from Exemptions; Domestic Cargo Transiting future Federal Register notice. the bill(s) of lading (this is the actual Foreign Country; Certain Informal Accordingly, the following shipper (the owner and exporter) of the Entries commodity and transportation cargo from the foreign country; the By contrast, domestic cargo information, as applicable, would have identification number will be a unique transported by truck to one port from to be electronically transmitted to and number to be assigned by CBP upon the another in the United States by way of received by CBP for all required implementation of the Automated a foreign country (19 CFR 123.21; and incoming cargo arriving in the United Commercial Environment); and 19 CFR 123.41) is not subject to the States by truck, to the extent that the (12) The complete name and address advance electronic filing requirement particular CBP-approved electronic data of the consignee, or identification for incoming cargo. However, such interchange system employed can number, from the bill(s) of lading (this information may be electronically accept this information: is the party to whom the cargo will be transmitted in advance to CBP, if (1) Conveyance number, and (if delivered in the United States, with the desired, when the electronic cargo applicable) equipment number (the exception of ‘‘FROB’’ (Foreign Cargo information system is made available at number of the conveyance is its Vehicle Remaining On Board); the identification the port of arrival. Identification Number (VIN) or its number will be a unique number Similarly, the following merchandise license plate number and state of assigned by CBP upon implementation would be exempt from the advance issuance; the equipment number, if of the Automated Commercial cargo information reporting applicable, refers to the identification Environment). requirements under this proposed rule, number of any trailing equipment or to the extent that such merchandise container attached to the power unit); Transition/Timetable for Compliance qualifies for informal entry pursuant to (2) Carrier identification (this is the The incoming truck carrier and, if part 143, subpart C, Customs truck carrier identification SCAC code electing to do so, the United States Regulations (19 CFR part 143, subpart (the unique Standard Carrier Alpha importer, or its Customs broker, must C): (1) Merchandise which may be Code) assigned for each carrier by the present the advance electronic cargo

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data to CBP, as discussed above, at the Comment At the time of promulgation of a final particular port of entry where the truck rule in this matter, automated manifest The reporting time frames should be will arrive in the United States on and options will not be available for air, based on when the electronic filer after 90 days from the date that CBP has truck, and rail modes in AES. For the transmits the information, as opposed to published a notice in the Federal purposes of this rulemaking, pursuant to when the Government-administered Register informing affected carriers that: the Trade Act of 2002, CBP has automated system verifies the receipt of (1) The approved data interchange is determined that the option of waiting the transmitted information. in place and fully operational at that for the availability of automated export port; and CBP Response manifest systems in AES does not meet (2) The carrier must commence the the intent of the Trade Act to improve There is no mechanism in the presentation of the required advance cargo safety and security in the near approved electronic data interchange cargo information through the approved term. Accordingly, should export system (currently, the Automated system. manifest modules not be available upon Export System (AES)) for capturing the the effective date of a final rule in this Comments; Cargo Departing From the date and time of submission by the filer. matter, CBP proposes to collect the United States; All Modes The time of receipt is quantified by the following 6 transportation data elements time that an Internal Transaction The following comments were for outbound cargo, which should Number (ITN) is generated, and the received regarding the electronic otherwise be readily known to the system records this date and time. submission of cargo data for outbound USPPI or its authorized agent, as further shipments. The AES has an Office of Management discussed, infra: Mode of transportation; and Budget (OMB) performance Carrier identification; Conveyance Setting Transmittal Times for measure for 2003 which sets the goal of Electronically Presenting Information name; Country of ultimate destination; monitoring and tuning trade processing Estimated date of exportation; and Port Comment to maintain the average monthly percent of exportation. of filer transmissions with a turnaround The time frames proposed by Customs time below one minute at 95%. The Exemptions; Retention of Post- were too long, would significantly AES consistently meets this new Departure Filing impede or eliminate Just-in-Time (‘‘JIT’’) performance measure. The CBP cannot Comment business practices, and impede or monitor compliance and/or perform eliminate express shipping services. enforcement based on the date and time The trade strongly supported CBP Response of submission by the filer. retaining the Option 4 Post-Departure filing privilege. The pre-departure filing time frames Load/No Load Messages set forth in this proposed rule for export Comment CBP Response cargo information reporting are far shorter than the 24-hour period prior to The trade expressed the need for both The CBP supports a structured system lading that was included in the a ‘‘No Load’’ message, and an ‘‘OK to of exemptions and/or pre-approval ‘‘strawman’’ proposals. As previously Load’’ message for both imports and programs that recognize the varying indicated, the time frames set forth in exports. degrees of risk associated with export shipments and the different threats the ‘‘strawman’’ proposals were only CBP Response intended to stimulate feedback from the posed to the United States and others by trade, for consideration by CBP in The CBP sees ‘‘No Load’’ situations such shipments. Given the differences formulating time frames for presenting for exports as an extremely infrequent in in-bond and export shipments, a the required cargo data under this occurrence. Therefore, a constant stream limited post-departure filing option may proposed rule. The time frames of ‘‘OK to Load’’ messages would not be be appropriate for certain types of proposed in this rule, discussed in useful to the export process. export shipments. The CBP will work further detail below, range from 24 The AES Commodity module, which with the Bureau of Census and the trade hours prior to departure for vessels to will be used to meet the Trade Act in designing these programs, building not later than 1 hour prior to departure mandate, currently does not have the upon current initiatives such as AES for trucks. capability to provide an automated ‘‘No Option 4, the Customs-Trade In determining the time frames for the Load’’ or ‘‘Hold’’ message to the carrier. Partnership Against Terrorism (C– advance reporting of information for The AES Commodity module does TPAT), and the Transportation Security outbound cargo in this proposed rule, provide feedback to the United States Administration’s (TSA’s) ‘‘Known CBP considered existing commercial Principal Party in Interest (USPPI) or its Shipper’’ Program. The C–TPAT is a practices. The CBP also took into authorized filing agent in the form of joint government-business initiative account the minimum amount of time warning messages for data designed to enhance security necessary to perform automated inconsistencies as well as for data errors procedures over the entire supply chain targeting and analysis and to request in cases where the system cannot accept of incoming cargo while improving the further information about the cargo or to the data as transmitted. (The CBP will flow of trade. In return for tightening the schedule its examination, in the event use the term ‘‘USPPI,’’ as defined in 15 security of their supply chains, C–TPAT that a shipment were identified as being CFR part 30; the term ‘‘Exporter’’ will participants can get their cargo potentially high-risk. The CBP also not be used again in this document.) A processed through CBP faster. considered the different threats to the ‘‘No Load’’ message transmitted to the At the present time, while not United States and others posed by USPPI or its filing agent is not the most exempting any USPPI from the advance outbound shipments. It is anticipated efficient notification path for denying pre-departure cargo information that these time frames are sufficiently lading to a specific shipment. A ‘‘No reporting requirements, this rulemaking abbreviated that there will be no Load’’ message will be feasible when supports post-departure reporting by palpable impact on ‘‘JIT’’ business/ export manifest modules for all modes highly compliant exporters. The CBP inventory practices. are in place in AES. and Census will develop and implement

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changes to post-departure reporting ITN number on any export module of the AES (the automated jointly, and as appropriate. documentation will not be required or Shipper’s Export Declaration), to meet enforced until the implementation of the mandate of the Trade Act. At such Comment the redesign of the AES commodity time as automated manifest modules are The trade indicated a need for module, which is anticipated to be available for all modes, these enhanced priority/exemption for a range of completed in mid 2004. capabilities will be reviewed to commodities and transaction types. The ITN provides a link to a create determine additional compliance with Examples of commodities proposed for date and time for the record in AES the Trade Act of 2002. exemption were bulk cargo, perishables, from which to verify compliance with This is a considered decision and human organs/perishable medical pre-departure filing requirements. The recognizing that at the time of products. Related or ‘‘twin plant’’ ITN is also consistent in format, starting promulgation of the final rule under shipments were also suggested as with an ‘‘X’’, followed by an 8-position section 343(a), as amended, the filing of candidates for exemption. date (century, year, month, day) and a export data via the AES will not be CBP Response 6-position sequential number that is mandatory. In short, it is intended that assigned by the AES system. In the final rule in this matter for the The CBP is not planning to eliminate addition, the AES mainframe typically advance filing of cargo information for exemptions or pre-approval programs in returns the ITN in less than one minute. all reportable outbound shipments not regulations promulgated pursuant to the By contrast, External Transaction be implemented until Bureau of Census Trade Act. The CBP agrees with the Numbers (XTNs) consist of the 9-digit regulations under the Security exemption of select export shipments electronic filer identification and a Assistance Act (Pub. L. 107–228) are such as human organs, perishable Shipment Reference Number (SRN) that implemented. medical supplies, and emergency are separated by a hyphen. The SRN Since the inception of AES, the humanitarian aid. As such, the scope of may contain up to 17 letters, numbers elimination of the paper Shipper’s future exemptions and the requirements and symbols, allowing for a longer Export Declaration (SED) has been the for participation in low-risk exporter format with more variability than the ultimate goal, and with the passage of programs for reporting export ITN. the Security Assistance Act, the Bureau commodity data will be determined The CBP notes that ITNs will not be of Census has the authority to mandate jointly by CBP and Census. required for shipments authorized for the electronic filing of all reportable Internal Transaction Number; External post-departure (currently AES Option 4) export shipments, with promulgation of Transaction Number reporting of export cargo information. regulations planned for mid 2004. Prior The post-departure filing citation to mandatory electronic filing for all Comment annotated on export documentation will reportable export shipments, the The External Transaction Number continue to conform to approved Department of Commerce, Bureau of (XTN) was preferred by most of those formats contained in the Bureau of Census, will publish a rule requiring who commented. The XTN is generated Census Foreign Trade Statistics mandatory electronic reporting for by the USPPI or its authorized agent Regulations (FTSR) (15 CFR part 30). commodities on the Commerce Control who transmits the electronic data. At The CBP recognizes conditions under List (CCL), and U.S. Munitions List the same time, some support in the which ITNs will not be available due to (USML), planned for the summer of trade community was expressed for the a failure of an automated system. 2003. Internal Transaction Number (ITN), and Procedures for dealing with system The CBP, however, does intend to there was near unanimity that CBP downtime—where the Government’s accomplish several things with this should not require reporting of both electronic system and/or the USPPI’s rulemaking: numbers. The ITN is the AES system- system for receiving and processing (1) Articulate a commitment to generated number that indicates that the export cargo data fails—will be detailed strengthening export reporting processes transmission of required export cargo in the Automated Export System Trade in concert with external agency partners information has been received and Interface Requirements handbook such as the Department of Commerce accepted through the system. (AESTIR), and any successor (the Bureau of Census and the Bureau of Industry and Security), the Department CBP Response publication. The AESTIR is available on the CBP Web site (http://www.cbp.gov). of State (the Directorate of Defense The preference for the XTN is Trade Controls), the Department of understandable, but because an XTN Overview; Cargo Departing From the Treasury (Office of Foreign Assets can be generated and annotated on United States; All Modes Control), the Department of export documents without transmitting Transportation, the Drug Enforcement shipment data to AES, the XTN is Outward Cargo Information Reporting; System To Be Used Administration, and the Environmental susceptible to abuse. This assertion is Protection Agency; supported by a 60-day AES exemption To ensure the safety and security of (2) Establish time frames for statement survey conducted by CBP cargo that would be sent from the automated reporting that will support during the summer of 2002. Then United States, as mandated by section targeting for high risk exports and allow Customs (now CBP) field locations 343(a), as amended, CBP would use the CBP or other Government agencies to nationwide audited over 13,000 AES existing approved electronic data respond prior to export; and exemption statements and found 25% to interchange system for receiving export (3) Establish the system generated be invalid at the time of export. commodity data from the United States Internal Transaction Number as the Therefore, CBP’s position will be to Principal Party in Interest (USPPI). The accepted proof of automated filing, for require that the ITN number be current system being used for this all reportable exports not eligible for annotated on the appropriate export purpose is called the Automated Export exemption. documents for shipments which require System (AES). Utilizing the automated SED within full pre-departure reporting. However, The CBP has elected, in consultation the AES combined with mandatory CBP wishes to especially emphasize in and cooperation with the Bureau of filing under Census complies with the this regard that the annotation of the Census, to utilize the commodity intent of the Trade Act to collect

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advance cargo information controlled by other Government (for sea carriers, the name of the vessel; electronically from the party with the agencies will remain in force unless for others, the carrier name). best knowledge of that information. changed by the agency having the 4. Country of ultimate destination. Under current automated practices, the regulatory authority to do so. The CBP This is the country as known to the USPPI or its authorized agent has the will also continue to require a 72-hour USPPI or its authorized agent at the time capability to transmit export advance notice for vehicle exports of exportation, where the cargo is to be information electronically, and with pursuant to 19 CFR 192.2(c)(1) and consumed or further processed or limited exceptions, has knowledge of (c)(2)(i). The USPPI or its authorized manufactured. This country would be the data transmitted. agent should refer to the relevant titles identified by the 2-character in the Code of Federal Regulations for Time Frames for Presenting Information International Standards Organization the pre-filing requirements of other (ISO) code for the country of ultimate A USPPI, or its authorized agent, Government agencies. destination. participating in advance cargo 5. Estimated date of exportation. The information filing would have to present Electronic Filer of Export Cargo Information; Proposed Requirements participating USPPI or its authorized export cargo information through the agent must report the date the cargo is AES commodity module for outbound The USPPI, or its authorized agent, scheduled to leave the United States for shipments, as follows: who participates in reporting export all modes of transportation. If the actual (1) For vessel cargo, the participating data electronically via the commodity date is not known, the participating USPPI or its authorized agent must module (the automated Shipper’s Export USPPI or authorized agent must report transmit and verify system acceptance Declaration) of the AES, would continue the best estimate as to the time of of export vessel cargo information no to transmit and verify that such data had departure. later than 24 hours prior to the been accepted through the system, but departure of the vessel; would have to do so no later than the 6. Port of exportation. The port of (2) For air cargo, including cargo time, in advance of departure, exportation would be designated by its being transported by Air Express prescribed for each mode of unique code, as set forth in Annex C, Couriers, the participating USPPI or its transportation under this proposed rule. Harmonized Tariff Schedule of the authorized agent must transmit and The USPPI or its authorized agent may United States (HTSUS). verify system acceptance of export air refer to proposed § 192.14(e) for specific Identifying High-Risk Shipments cargo information no later than 2 hours information concerning effective dates prior to the scheduled departure time of for procedures outlined herein. The CBP finds that the data elements the aircraft; Since the AES Commodity Module that the USPPI would have to timely (3) For truck cargo, including cargo already captures the requisite export present through AES covering both the departing by Express Consignment data, and to avoid redundancy with commodity and transportation Courier, the participating USPPI or its existing export reporting requirements, information for outbound cargo should authorized agent must present and no new commodity or transportation prove to be sufficient for identifying and verify system acceptance of export truck data elements would need to be targeting potentially high-risk cargo information no later than 1 hour required under section 343(a), as shipments. For outbound cargo that CBP prior to the arrival of the truck at the amended. Specifically, the export cargo has identified as high-risk, the carrier, border; and information collected from USPPIs or after being duly notified by CBP, would (4) For rail cargo, the participating their authorized agents is contained in be responsible for delivering the cargo USPPI or its authorized agent must the Bureau of Census electronic for inspection/examination; if the cargo transmit and verify system acceptance Shipper’s Export Declaration (SED) that identified as high-risk had already of export rail cargo information no later is presented to CBP through the AES. departed, CBP would exercise its than 4 hours prior to the time at which Those export commodity data elements authority to demand that the cargo be the engine is attached to the train to go that are required to be reported redelivered (see 19 CFR 113.64(g)(2)). foreign. electronically through AES are also Notably, in the case of outbound The preceding time frames are found in § 30.63 of the Bureau of Census cargo, identifying high-risk shipments provided by CBP as minimum Regulations (15 CFR 30.63). The would principally be concerned with guidelines. All parties involved in required transportation data elements interdicting any attempted illegal export export transactions should be advised are defined below in accordance with 15 of technology, and associated goods and that filing electronic cargo information CFR 30.63. materials, that could be employed by as far in advance as practicable reduces 1. Mode of transportation. The mode terrorist organizations abroad in the the need for CBP to delay export of that of transportation is defined as that by construction of weapons of mass cargo to complete any screening or which the goods are exported or destruction (WMDs), such as nuclear examinations deemed to be necessary. shipped (vessel, air, rail, or truck). and radiological dispersal devices The foregoing time frames for 2. Carrier identification. The USPPI or (‘‘dirty bombs’’), that would be intended reporting information about outbound its authorized agent should reasonably ultimately for use either here in the vessel, air, truck and rail cargo only be expected to know the identification United States or in another country. apply to shipments without an export of the carrier that would actually be Proposed Requirement; Carrier Data license, that require full pre-departure transporting the merchandise out of the reporting of shipment data, in order to United States. For vessel, rail and truck The CBP has made a prudent comply with the advance cargo shipments, the unique carrier identifier judgment that the transportation data, information filing requirements under would be its 4-character Standard along with the commodity data (both section 343(a), as amended. The USPPI Carrier Alpha Code (SCAC); for aircraft, collected in the AES Commodity or its authorized agent may refer to this identifier would be the 2- or 3- Module), that CBP proposes to require proposed § 192.14(e) for specific character International Air Transport from the participating USPPI or its guidance concerning the effective date Association (IATA) code. authorized agent, would be sufficient for for the time frames detailed herein. 3. Conveyance name. The conveyance effective targeting and risk assessment Requirements placed on exports name would be the name of the carrier under section 343(a), as amended.

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Additional information for outward compliance with the Trade Act of 2002. Transition Period; Implementation cargo is not readily available in advance The CBP would then propose its own For successfully targeting potentially of departure because exporting carriers, regulations in the Federal Register high-risk export commodity shipments, who have direct knowledge of this calling for exporting carriers, in advance CBP supports the employment of information, generally do not now have of departure, to electronically file their current AES systems that are already the electronic capability to furnish cargo outward cargo information with CBP heavily in use and widely available to data through AES. Specifically, there are through the approved system. USPPIs. With Internet connections, as no carrier manifest modules in AES, Proof of Electronic Filing; System noted, AES allows new USPPIs that are except for the vessel carrier module Verification of Data Acceptance relatively small businesses, to be which is voluntary and does not yet brought into the system fairly easily and include the capability to receive cargo For each export shipment to be laden, the participating USPPI, or its inexpensively. To this end, the data directly from Non Vessel Operating proposed regulations for the specified Common Carriers (NVOCCs). Therefore, authorized agent, must furnish to the outbound carrier a proof of electronic pre-departure reporting of cargo implementation of mandatory commodity and transportation automated cargo data processes for filing citation covering the cargo to be information for outbound shipments, vessel operators in the absence of other laden, for annotation on the outward together with the requirement of the such modules would create uneven manifest, waybill, or other export ITN, would be implemented concurrent requirements within and across modes documentation when cargo information with the completion of the redesign of of transportation. is reported electronically; in the Conversely, to presently obligate alternative, the USPPI, or authorized the AES commodity module and the USPPIs or their authorized agents to agent, would be responsible for implementation of mandatory filing transmit transportation data additional providing to the exporting carrier an regulations by the Department of to that which is collected in the AES appropriate low-risk exporter citation Commerce pursuant to Public Law 107– Commodity Module would be (currently Option 4) or an exemption 228. impracticable because such information statement for the cargo. The carrier may Future Rulemaking Regarding Related would not necessarily otherwise be not load cargo without the related Laws obtainable in a timely enough manner to electronic filing citation (e.g., the ITN), meet the proposed advance electronic low-risk exporter citation, or an Waterborne Cargo; Section 343(b), reporting procedures; this would appropriate exemption statement. Trade Act of 2002 inevitably delay and disrupt the The proof of electronic filing citation, Section 343(b), Trade Act of 2002, as movement of cross-border traffic. low-risk exporter citation, or exemption amended (codified at 19 U.S.C. 1431a), Against this overall backdrop, statement, will conform to the approved requiring proper documentation for all therefore, CBP has concluded that its formats found in the Bureau of Census cargo to be exported by vessel, will be proposal to require pre-existing data Foreign Trade Statistics Regulations the subject of a separate publication in elements for outward cargo represents a (FTSR) (15 CFR part 30), or on the the Federal Register. sound and sensible initial step in Census Web site (http:// establishing a solid informational www.census.gov/foreign-trade/ Transportation Security bulwark against threats to cargo safety regulations/index.html). Administration—Cargo Security and security, and one which would not When successfully transmitting cargo Programs adversely impact or impinge upon the data for a shipment through the system, It is also stressed that the final flow of cross-border commerce. the USPPI or its authorized agent will regulations that will be issued to To this end, and pursuant to Bureau receive a system-generated confirmation implement section 343(a), as amended, of Census regulations that are due to be number, known as an Internal may, in the foreseeable future, be issued next year, the current AES Transaction Number (ITN), which subject to modification as necessary to system is to be upgraded and constitutes verification that the data accommodate a cargo security program reprogrammed so as to enable, and transmitted has been accepted by the that may be developed by the require, that USPPIs or their authorized system. For transmitted data that passes Transportation Security Administration agents transmit, verify acceptance and system edits, the current approved (TSA) in accordance with the Aviation annotate an ITN (unless otherwise electronic data interchange (AES) and Transportation Security Act (Public exempt from pre-departure filing) on returns this confirmation number Law 107–71,115 Stat. 597; November export documents presented to the routinely in less than one minute. This 19, 2001) (49 U.S.C. 114(d), (f)(10); exporting carrier in accordance with the enables CBP to base the monitoring and 44901(a), (f)). time frames and procedures outlined in enforcement of the time frames on the Comments this rule. Nevertheless, CBP and the actual time of receipt (of the data) rather exporting trade agree with the than on its transmission, which cannot Before adopting these proposed advisability of creating carrier manifest be quantified. When the redesign of the amendments, consideration will be modules in AES or a successor system AES commodity module is in place, the given to any written comments that are that would facilitate the reporting of proof of export filing citation will need timely submitted to Customs and Border additional cargo information for to include the ITN. Protection (CBP). The CBP specifically outbound cargo. requests comments on the clarity of the Complete transportation data from Exemptions From Reporting proposed rule and how it may be made exporting carriers would be collected for Requirements easier to understand. Comments are every export shipment when CBP has Exemptions from reporting especially requested as to the the system capabilities set up to receive requirements for certain cargo are under sufficiency of the explanations that this data directly from carriers. Once the authority of the Bureau of Census accompany the proposed data elements, this requisite technology is approved (15 CFR 30.50 through 30.58). The as well as the impact on small business and incorporated into an automated proposed CBP regulations under section entities under the Regulatory Flexibility system, CBP will then review these new 343(a), as amended, would likewise Act. Comments submitted will be capabilities to determine additional encompass these exemptions. available for public inspection in

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accordance with the Freedom of displays a valid control number information, Reporting and Information Act (5 U.S.C. 552), and assigned by OMB. recordkeeping requirements. § 103.11(b), Customs Regulations (19 Estimated annual reporting and/or 19 CFR Part 113 CFR 103.11(b)), at the Bureau of recordkeeping burden: 2,299,640 hours. Customs and Border Protection, 799 9th Estimated average annual burden per Air carriers, Bonds, Common carriers, Street, NW., Washington, D.C. during respondent/recordkeeper: 52.3 hours. Customs duties and inspection, Exports, regular business hours. Arrangements to Estimated number of respondents Foreign commerce and trade statistics, inspect submitted comments should be and/or recordkeepers: 43,960. Freight, Imports, Reporting and made in advance by calling Mr. Joseph Estimated annual frequency of recordkeeping requirements, Vessels. Clark at (202) 572–8768. responses: 14,297,259. Comments on this collection of 19 CFR Part 122 Regulatory Flexibility Act and Executive Order 12866 information should be sent to the Office Administrative practice and of Management and Budget, Attention: procedure, Advance notice of arrival, Customs and Border Protection (CBP) Desk Officer of the Department of Advance notice requirements, Air cargo, has conducted an economic analysis to Homeland Security, Office of Air cargo manifest, Air carriers, Aircraft, determine whether the requirements of Information and Regulatory Affairs, Air transportation, Commercial aircraft, the Regulatory Flexibility Act (RFA) (5 Washington, DC 20503. A copy should Customs duties and inspection, Entry U.S.C. 601 et seq.) would apply to this also be sent to the Regulations Branch, procedure, Foreign commerce and trade rulemaking. It has been determined, as Office of Regulations and Rulings, statistics, Freight, Imports, Penalties, a result of the initial analysis Bureau of Customs and Border Reporting and recordkeeping conducted, that this proposed rule Protection, 1300 Pennsylvania Avenue, requirements, Security measures. would not have a significant economic NW., Washington, DC 20229. Comments impact upon a substantial number of should be submitted within the time 19 CFR Part 123 small entities as required by the RFA. frame that comments are due on the Administrative practice and This economic analysis is attached as an substance of the proposal. procedure, Aircraft, Canada, Common Appendix to this document. For the Comments are invited on: (a) Whether carriers, Customs duties and inspection, reasons set forth in the analysis, the the collection is necessary for the proper Entry of merchandise, Freight, Imports, agency does not make a certification at performance of the functions of the International traffic, Mexico, Motor this time with regard to the regulatory agency, including whether the carriers, Railroads, Reporting and requirements of 5 U.S.C. 603 and 604. information will have practical utility; recordkeeping requirements, Vehicles, Also, this rule is a ‘‘significant (b) the accuracy of the agency’s estimate Vessels. regulatory action’’ under Executive of the burden of the collection of the Order (E.O.) 12866 and has been information; (c) ways to enhance the 19 CFR Part 192 reviewed by the Office of Management quality, utility, and clarity of the and Budget in accordance with that E.O. Administrative practice and information to be collected; (d) ways to procedure, Aircraft, Customs duties and However, it is our preliminary minimize the burden of the collection of determination that the proposed rule inspection, Exports, Foreign trade information on respondents, including would not result in an ‘‘economically statistics, Law enforcement, Motor through the use of automated collection significant regulatory action’’ under E.O. vehicles, Reporting and recordkeeping techniques or other forms of information 12866, as regards the impact on the procedures, Vehicles, Vessels. technology; and (e) estimates of capital national economy. or startup costs and costs of operations, Proposed Amendments to the Paperwork Reduction Act maintenance, and purchase of services Regulations The collection of information in this to provide information. It is proposed to amend parts 4, 103, document is contained in §§ 4.7a, Part 178, Customs Regulations (19 113, 122, 123, and 192, Customs 122.48a, 123.91, 123.92, and 192.14. CFR part 178), containing the list of Regulations (19 CFR parts 4, 103, 113, Under these sections, the information approved information collections, 122, 123, and 192), as set forth below. would be required and used to would be revised to add appropriate determine the safety and security references to the above-cited regulatory PART 4—VESSELS IN FOREIGN AND conditions under which cargo to be sections, upon the adoption of the DOMESTIC TRADES proposal as a final rule. brought into or sent from the United 1. The general authority citation for States was maintained prior to its arrival List of Subjects part 4 would be revised, and the or departure. The likely respondents 19 CFR Part 4 relevant specific authority citations and/or recordkeepers are air, truck, rail would continue, to read as follows: and vessel carriers, Non Vessel Administrative practice and Operating Common Carriers (NVOCCs), procedure, Arrival, Cargo vessels, Authority: 5 U.S.C. 301; 19 U.S.C. 66, freight forwarders, deconsolidators, 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. Common carriers, Customs duties and App. 3, 91; express consignment facilities, inspection, Declarations, Entry, Exports, importers, exporters, and Customs Foreign commerce and trade statistics, * * * * * brokers. The collection of information Section 4.7 also issued under 19 U.S.C. Freight, Imports, Inspection, Maritime 1581(a); 46 U.S.C. App. 883a, 883b; encompassed within this proposed rule carriers, Merchandise, Penalties, has been submitted to the Office of Reporting and recordkeeping * * * * * Management and Budget (OMB) for Section 4.61 also issued under 46 U.S.C. requirements, Shipping, Vessels. App. 883; review in accordance with the Paperwork Reduction Act of 1995 (44 19 CFR Part 103 * * * * * U.S.C. 3507). An agency may not Administrative practice and 2. Amend § 4.7 by: conduct, and a person is not required to procedure, Computer technology, a. Revising the first sentence of respond to, a collection of information Confidential business information, paragraph (b)(1); unless the collection of information Electronic filing, Freedom of b. Revising paragraph (b)(2);

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c. Removing the words, ‘‘if c. Adding new paragraphs (c)(4)(xv) (c) Verification of compliance. automated’’, where appearing in and (c)(4)(xvi). * * * * * paragraph (b)(3)(i); The revisions and additions would (24) Electronic receipt of required d. Adding a new paragraph (b)(3)(iii); read as follows: vessel cargo information (see 192.14(c) and of this chapter). e. Adding a new paragraph (b)(5). § 4.7a Inward manifest; information The revisions and additions would required; alternative forms. * * * * * read as follows: * * * * * (c) Cargo Declaration. *** PART 103—AVAILABILITY OF § 4.7 Inward foreign manifest; production (4) * * * INFORMATION on demand; contents and form; advance (viii) The shipper’s complete name filing of cargo declaration. 1. The general authority citation for and address, or identification number, part 103 would continue, and a specific * * * * * from all bills of lading. (At the master authority citation would be added for (b)(1) With the exception of any Cargo bill level, for consolidated shipments, § 103.31a in appropriate numerical Declaration that has been filed in the identity of the Non Vessel Operating order, to read as follows: advance as prescribed in paragraph Common Carrier (NVOCC), freight (b)(2) of this section, the original and forwarder, container station or other Authority: 5 U.S.C. 301, 552, 552a; 19 one copy of the manifest must be ready carrier is sufficient; for non- U.S.C. 66, 1624; 31 U.S.C. 9701; for production on demand. * * * consolidated shipments, and for each * * * * * (2) Subject to the effective date house bill in a consolidated shipment, Section 103.31a also issued under 19 provided in paragraph (b)(5) of this the identity of the actual shipper (the U.S.C. 2071 note; section, and with the exception of any owner and exporter) of the cargo from * * * * * vessel exclusively carrying bulk or the foreign country is required; the 2. Amend subpart C of part 103 by authorized break bulk cargo as identification number will be a unique adding a new § 103.31a to read as prescribed in paragraph (b)(4) of this number assigned by CBP upon the follows: section, Customs and Border Protection implementation of the Automated § 103.31a Advance electronic information (CBP) must receive from the incoming Commercial Environment); for air, truck, and rail cargo. carrier, for any vessel covered under (ix) The complete name and address Advance cargo information that is paragraph (a) of this section, the CBP- of the consignee, or identification approved electronic equivalent of the electronically presented to Customs and number, from all bills of lading. (For Border Protection (CBP) for inbound or vessel’s Cargo Declaration (Customs consolidated shipments, at the master Form 1302), 24 hours before the cargo outbound air, rail, or truck cargo in bill level, the NVOCC, freight forwarder, accordance with § 122.48a, 123.91, is laden aboard the vessel at the foreign container station or other carrier may be port (see § 4.30(n)(1)). The current 123.92, or 192.14 of this chapter, is per listed as the consignee. For non- se exempt from disclosure under approved system for presenting consolidated shipments, and for each electronic cargo declaration information § 103.12(d), unless CBP receives a house bill in a consolidated shipment, specific request for such records to CBP is the Vessel Automated the consignee is the party to whom the Manifest System (AMS). pursuant to § 103.5, and the owner of cargo will be delivered in the United the information expressly agrees in * * * * * States, with the exception of ‘‘FROB’’. writing to its release. (3) * * * However, in the case of cargo shipped (iii) Where the party electronically ‘‘to order of [a named party],’’ the carrier PART 113—CUSTOMS BONDS presenting to CBP the cargo information must report this named ‘‘to order’’ party required in § 4.7a(c)(4) receives any of as the consignee; and, if there is any 1. The authority citation for part 113 this information from another party, other commercial party listed in the bill would continue to read as follows: CBP will take into consideration how, in of lading for delivery or contact Authority: 19 U.S.C. 66, 1623, 1624. accordance with ordinary commercial purposes, the carrier must also report practices, the presenting party acquired 2. Amend § 113.62 by: this other commercial party’s identity a. Revising the heading of paragraph such information, and whether and how and contact information (address/phone (j), and redesignating its current text as the presenting party is able to verify this number) in the ‘‘Notify Party’’ field of paragraph (j)(1); information. Where the presenting party the advance electronic data b. Adding a new paragraph (j)(2); and is not reasonably able to verify such transmission to CBP, to the extent that c. Revising paragraph (l)(1) by adding information, CBP will permit the party the CBP-approved electronic data the citation, ‘‘(j)(2),’’, after the citation, to electronically present the information interchange system is capable of ‘‘(i),’’. on the basis of what the party receiving this data. The identification The revision and addition to reasonably believes to be true. number will be a unique number paragraph (j) read as follows: * * * * * assigned by CBP upon implementation (5) Within 90 days of [the publication of the Automated Commercial § 113.62 Basic importation and entry bond of this paragraph as a final rule in the Environment); conditions. Federal Register], all ocean carriers, and * * * * * * * * * * NVOCCs electing to participate, must be (xv) Date of departure from foreign, as (j) Agreement to comply with automated on the Vessel AMS system at reflected in the vessel log; and electronic entry and/or advance cargo all ports of entry in the United States (xvi) Time of departure from foreign, information filing requirements. (1) where their cargo will initially arrive. as reflected in the vessel log. *** * * * * * * * * * * (2) If the principal elects to provide 3. Amend § 4.7a by: 4. Amend § 4.61 by adding a new advance inward air or truck cargo a. Revising paragraphs (c)(4)(viii) and paragraph (c)(24) to read as follows: information to Customs and Border (c)(4)(ix); Protection (CBP) electronically, the b. Removing the word ‘‘and’’ after § 4.61 Requirements for clearance. principal agrees to provide such cargo paragraph (c)(4)(xiii); and * * * * * information to CBP in the manner and

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in the time period required, § 122.12 Operation of international or 192.14(b)(1)(ii) of this chapter (see respectively, under § 122.48a or 123.92 airports. paragraph (g) of this section). of this chapter. If the principal defaults * * * * * * * * * * with regard to these obligations, the (c) FAA rules; denial of permission to (g) Advance receipt of electronic cargo principal and surety (jointly and land. * * * In addition, except in the information. The CBP will not issue a severally) agree to pay liquidated case of an emergency or forced landing permit to unlade or lade cargo upon damages of $5,000 for each regulation (see § 122.35), permission to land at an arrival or departure of an aircraft, and a violated. international airport may be denied if term permit or special license already * * * * * advance electronic information for issued will not be applicable to any 3. Amend § 113.64 by revising the incoming foreign cargo aboard the inbound or outbound flight, with first sentence of paragraph (a); and by aircraft has not been received as respect to which CBP has not received revising paragraph (c) to read as follows: provided in § 122.48a. the advance electronic cargo * * * * * information required, respectively, § 113.64 International carrier bond 3. Amend § 122.14 by: under § 122.48a or 192.14 of this conditions. a. Redesignating paragraphs (d)(4) and chapter. In cases in which CBP does not (a) Agreement to Pay Penalties, (d)(5) as paragraphs (d)(5) and (d)(6), receive complete cargo information in Duties, Taxes, and Other Charges. If any respectively; the time and manner and in the vessel, vehicle, or aircraft, or any b. Adding a new paragraph (d)(4); and electronic format required by § 122.48a master, owner, or person in charge of a c. Revising newly redesignated or 192.14 of this chapter, as applicable, vessel, vehicle or aircraft, slot charterer, paragraph (d)(5). CBP may delay issuance of a permit or or any non-vessel operating common The addition and revision would read special license to unlade or lade cargo, carrier as defined in § 4.7(b)(3)(ii) of this as follows: and a term permit or special license to chapter or other party as specified in unlade or lade already issued may not § 122.48a(c)(2) of this chapter, incurs a § 122.14 Landing rights airport. apply, until all required information is penalty, duty, tax or other charge * * * * * received. The CBP may also decline to provided by law or regulation, the (d) Denial or withdrawal of landing issue a permit or special license to obligors (principal and surety, jointly rights. *** unlade or lade, and a term permit or and severally) agree to pay the sum (4) Advance cargo information has not special license already issued may not upon demand by Customs and Border been received as provided in § 122.48a; apply, with respect to the specific cargo Protection (CBP). * * * (5) Other reasonable grounds exist to for which advance information is not believe that Federal rules and * * * * * timely received electronically, as regulations pertaining to safety, specified in § 122.48a or 192.14(b)(1)(ii) (c) Non-vessel operating common including cargo safety and security, and carrier (NVOCC); other party. If a slot of this chapter. Customs, or other inspectional activities 6. Amend § 122.48 by revising charterer, non-vessel operating common have not been followed; or carrier (NVOCC) as defined in paragraph (a) to read as follows: * * * * * § 4.7(b)(3)(ii) of this chapter, or other § 122.48 Air cargo manifest. party specified in § 122.48a(c)(2) of this 4. Amend § 122.33 by: a. Revising paragraph (a), introductory (a) When required. Except as provided chapter, elects to provide advance cargo in paragraphs (d) and (e) of this section, information to CBP electronically, the text; and b. Revising paragraph (a)(1). an air cargo manifest need not be filed NVOCC or other party, as a principal The revisions read as follows: for any aircraft required to enter under under this bond, in addition to § 122.41. However, an air cargo manifest compliance with the other provisions of § 122.33 Place of first landing. for all cargo on board together with the this bond, also agrees to provide such (a) The first landing of an aircraft general declaration must be kept aboard cargo information to CBP in the manner entering the United States from a foreign any aircraft required to enter under and in the time period required under area will be: § 122.41, for production upon demand. those respective sections. If the NVOCC (1) At a designated international * * * * * or other party, as principal, defaults airport (see § 122.13), provided that 7. Amend subpart E of part 122 by with regard to these obligations, the permission to land has not been denied adding a new § 122.48a to read as principal and surety (jointly and pursuant to § 122.12(c); follows: severally) agree to pay liquidated * * * * * damages of $5,000 for each regulation § 122.48a Electronic information for air 5. Amend § 122.38 by: cargo required in advance of arrival. violated. a. Adding a sentence at the end of * * * * * paragraph (c); and (a) General requirement. Pursuant to b. Adding a new paragraph (g). section 343(a), Trade Act of 2002, as PART 122—AIR COMMERCE The additions would read as follows: amended (19 U.S.C. 2071 note), and REGULATIONS subject to paragraph (e) of this section, § 122.38 Permit and special license to for any inbound aircraft required to 1. The general authority citation for unlade and lade. enter under § 122.41, that will have part 122 would be revised to read as * * * * * commercial cargo aboard, Customs and follows: (c) Term permit or special license. Border Protection (CBP) must Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, * * * In addition, a term permit or electronically receive from the inbound 1431, 1433, 1436, 1448, 1459, 1590, 1594, special license to unlade or lade already air carrier and, if applicable, an 1623, 1624, 1644, 1644a, 2071 note. issued will not be applicable to any approved party as specified in * * * * * inbound or outbound flight, with paragraph (c)(1) of this section, certain 2. Amend § 122.12 by revising the respect to which Customs and Border information concerning the incoming heading of paragraph (c) and adding a Protection (CBP) has not received the cargo, as enumerated, respectively, in sentence at the end of paragraph (c) to advance electronic cargo information paragraphs (d)(1) and (d)(2) of this read as follows: required, respectively, under § 122.48a section. The CBP must receive such

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information no later than the time frame (iii) An Express Consignment Carrier section. For consolidated shipments: prescribed in paragraph (b) of this Facility as identified by its FIRMS code; The incoming air carrier must transmit section. The advance electronic or, to CBP the information listed in transmission of the required cargo (iv) An air carrier as identified by its paragraph (d)(1) of this section that is information to CBP must be effected carrier IATA (International Air applicable to the master air waybill; and through a CBP-approved electronic data Transport Association) code, that the air carrier must transmit cargo interchange system. arranged to have the incoming air information for all associated house air (1) Cargo remaining aboard aircraft; carrier transport the cargo to the United waybills as enumerated in paragraph cargo to be entered under bond. Air States. (d)(2) of this section, unless another cargo arriving from and departing for a (2) Eligibility. To be qualified to file party as described in paragraph (c)(1) of foreign country on the same through cargo information electronically, a party this section electronically transmits this flight and cargo that is unladen from the identified in paragraph (c)(1) of this information directly to CBP. arriving aircraft and entered, in bond, section must establish the (1) Cargo information from air carrier. for exportation, or for transportation and communication protocol required by The incoming air carrier must present to exportation (see subpart J of this part), CBP for properly presenting cargo CBP the following data elements for are subject to the advance electronic information through the approved data inbound air cargo (an ‘‘M’’ next to any information filing requirement under interchange system. Also, other than a listed data element indicates that the paragraph (a) of this section. broker or an importer (see 113.62(j)(2) of data element is mandatory in all cases; (2) Diplomatic pouches. When goods this chapter), the party must possess a a ‘‘C’’ next to the listed data element comprising a diplomatic or consular bag Customs international carrier bond indicates that the data element is (including cargo shipments, containers, containing all the necessary provisions conditional and must be transmitted to and the like) that belong to the United of § 113.64 of this chapter. CBP only if the particular information States or to a foreign government are (3) Nonparticipation by other party. If pertains to the inbound cargo): shipped under an air waybill, such another party as specified in paragraph (i) Air waybill number (M) (The air cargo is subject to the advance reporting (c)(1) of this section does not participate waybill number is the International Air requirements of paragraph (a) of this in advance electronic cargo information Transport Association (IATA) standard section. filing, the party that arranges for and/or 11-digit number); (b) Time frame for presenting data. (1) delivers the cargo shipment to the (ii) Trip/flight number (M); Nearby foreign areas. In the case of incoming carrier must fully disclose and (iii) Carrier/ICAO (International Civil aircraft under paragraph (a) of this present to the carrier the cargo Aviation Organization) code (M) (The section that depart for the United States information listed in paragraph (d)(2) of approved electronic data interchange from any foreign port or place in North this section; and the incoming carrier, system supports both 3– and 2– America, including locations in Mexico, on behalf of the party, must present this character ICAO codes, provided that the Central America, South America (from information electronically to CBP under final digit of the 2-character code is not north of the Equator only), the paragraph (a) of this section. a numeric value); Caribbean, and Bermuda, CBP must (4) Required information in (iv) Airport of arrival (M) (The 3-alpha receive the required cargo information possession of third party. Any other character ICAO code corresponding to no later than the time of the departure entity in possession of required cargo the first airport of arrival in the Customs of the aircraft for the United States (no data that is not the incoming air carrier territory of the United States (for later than the time that wheels are up on or a party described in paragraph (c)(1) example, Chicago O’Hare = ORD; Los the aircraft, and it is en route directly to of this section must fully disclose and Angeles International Airport = LAX)); the United States). present the required data for the (v) Airport of origin (M) (The 3-alpha (2) Other foreign areas. In the case of inbound air cargo to either the air character ICAO code corresponding to aircraft under paragraph (a) of this carrier or other electronic filer, as the airport from which a shipment section that depart for the United States applicable, which must present such began its transportation by air to the from any foreign area other than that data to CBP. United States (for example, if a specified in paragraph (b)(1) of this (5) Party receiving information shipment began its transportation from section, CBP must receive the required believed to be accurate. Where the party Hong Kong (HKG), and it transits cargo information no later than 4 hours electronically presenting the cargo through Narita, Japan (NRT), en route to prior to the arrival of the aircraft in the information required in paragraph (d) of the United States, the airport of origin United States. this section receives any of this is HKG, not NRT)); (c) Party electing to file advance information from another party, CBP (vi) Scheduled date of arrival (M); electronic cargo data. (1) Other filer. In will take into consideration how, in (vii) Total quantity based on the addition to incoming air carriers for accordance with ordinary commercial smallest external packing unit (M) (for whom participation is mandatory, one practices, the presenting party acquired example, 2 pallets containing 50 pieces of the following parties meeting the such information, and whether and how each would be considered as 100, not 2); qualifications of paragraph (c)(2) of this the presenting party is able to verify this (viii) Total weight (M) (may be section, may elect to transmit to CBP the information. Where the presenting party expressed in either pounds or electronic data for incoming cargo that is not reasonably able to verify such kilograms); is listed in paragraph (d)(2) of this information, CBP will permit the party (ix) Precise cargo description (M) (for section: to electronically present the information consolidated shipments, the word (i) An Automated Broker Interface on the basis of what that party ‘‘Consolidation’’ is a sufficient (ABI) filer (importer or its Customs reasonably believes to be true. description for the master air waybill broker) as identified by its ABI filer (d) Non-consolidated/consolidated record; for non-consolidated shipments, code; shipments. For non-consolidated a precise cargo description or the 6-digit (ii) A Container Freight Station/ shipments, the incoming air carrier Harmonized Tariff Schedule (HTS) deconsolidator as identified by its must transmit to CBP all of the number must be provided (generic FIRMS (Facilities Information and information for the air waybill record, as descriptions, specifically those such as Resources Management System) code; enumerated in paragraph (d)(1) of this ‘‘FAK’’ (‘‘freight of all kinds’’), ‘‘general

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cargo’’, and ‘‘STC’’ (‘‘said to contain’’) particular information pertains to the HTSUS, other than monetary are not acceptable)); inbound cargo): instruments covered under 31 U.S.C. (x) Shipper name and address (M) (for (i) The master air waybill number and 5301–5322; and consolidated shipments, the identity of the associated house air waybill number (iii) Personal correspondence, the consolidator, express consignment (M) (the house air waybill number may whether on paper, cards, photographs, or other carrier, is sufficient for the be up to 12 alphanumeric characters tapes, or other media. master air waybill record; for non- (each alphanumeric character that is (e) Effective date of this section. (1) consolidated shipments, the identity of indicated on the paper house air waybill General. Subject to paragraph (e)(2) of the actual shipper (who is the owner document must be included in the this section, all affected air carriers, and and exporter) of the merchandise from electronic transmission; alpha other parties as specified in paragraph the foreign country is required); characters may not be eliminated)); (c)(1) of this section that elect to (xi) Consignee name and address (M) (ii) Foreign airport of origin (M) (The participate in advance automated cargo (for consolidated shipments, the 3-alpha character ICAO code information filing, must comply with identity of the container station, express corresponding to the airport from which the requirements of this section on and consignment or other carrier is a shipment began its transportation by after 90 days from the date that this sufficient for the master air waybill air to the United States (for example, if section is published as a final rule in the record; for non-consolidated shipments, a shipment began its transportation from Federal Register. the name and address of the party to Hong Kong (HKG), and it transits whom the cargo will be delivered is through Narita, Japan (NRT), en route to (2) Delay in effective date of section. required, with the exception of the United States, the airport of origin The CBP may delay the general effective ‘‘AFROB’’ (Foreign Cargo Remaining On is HKG, not NRT)); date of this section in the event that any Board)); (iii) Cargo description (M) (a precise necessary modifications to the approved (xii) Consolidation identifier (C); description of the cargo or the 6-digit electronic data interchange system are (xiii) Split shipment indicator (C) Harmonized Tariff Schedule (HTS) not yet in place. Also, CBP may delay (this data element includes information number must be provided); the general effective date of this section indicating the particular portion of the (iv) Total quantity based on the at a given port until CBP has afforded split shipment that will arrive; the smallest external packing unit (M) (for any necessary training to CBP personnel boarded quantity of that portion of the example, 2 pallets containing 50 pieces at that port. In addition, CBP may delay split shipment (based on the smallest each would be considered as 100, not 2); implementation if further time is external packing unit); and the boarded (v) Total weight of cargo (M) (may be required to complete certification weight of that portion of the split expressed in either pounds or testing of new participants. Any such shipment (expressed in either pounds or kilograms); delay would be the subject of an kilograms)); (vi) Shipper name and address (M) announcement in the Federal Register. (xiv) Permit to proceed information (the name and address of the actual 8. Amend subpart G of part 122 by (C) (this element includes the permit-to- shipper (who is the owner and exporter) adding a new § 122.66 to read as proceed destination airport (the 3-alpha of the cargo from the foreign country); follows: character ICAO code corresponding to (vii) Consignee name and address (M) the permit-to-proceed destination (the name and address of the party to 122.66 Clearance or permission to depart airport); and the scheduled date of whom the cargo will be delivered in the denied. arrival at the permit-to-proceed United States, with the exception of If advance electronic air cargo destination airport); ‘‘FROB’’ (Foreign Cargo Remaining On information is not received as provided (xv) Identifier of other party which is Board)); and in § 192.14 of this chapter, Customs and to submit additional air waybill (viii) In-bond information (C) (this Border Protection may deny clearance information (C); data element includes the destination or permission for the aircraft to depart (xvi) In-bond information (C) (this airport; the international/domestic from the United States. data element includes the destination identifier (the in-bond type indicator); airport; the international/domestic the in-bond control number, if there is PART 123—CUSTOMS RELATIONS identifier (the in-bond type indicator); one (C); and the onward carrier WITH CANADA AND MEXICO the in-bond control number, if there is identifier, if applicable (C). one (C); and the onward carrier (3) Letters and documents. For 1. The general authority citation for identifier, if applicable (C)); and purposes of advance electronic cargo part 123 would be revised, and the (xvii) Local transfer facility (C). information filing under this section, relevant specific sectional authority (2) Cargo information from carrier or letters and documents being shipped to citation would continue, to read as other filer. The incoming air carrier the United States are handled under the follows: must present the following additional same procedures as all other types of Authority: 19 U.S.C. 66, 1202 (General information to CBP for the incoming cargo. Such shipments are subject to the Note 23, Harmonized Tariff Schedule of the cargo, unless another party as specified same detailed data elements that are United States (HTSUS)), 1431, 1433, 1436, in paragraph (c)(1) of this section elects otherwise required for incoming air 1448, 1624, 2071 note. to present this information directly to cargo under paragraphs (d)(1) and (d)(2) * * * * * CBP. Information for all house air of this section. The term ‘‘letters and Section 123.8 also issued under 19 U.S.C. waybills under a single master air documents’’ as used in this paragraph 1450–1454, 1459; waybill consolidation must be presented means: * * * * * electronically to CBP by the same party. (i) The data (for example, records, 2. Amend § 123.8 by: (An ‘‘M’’ next to any listed data element diagrams, other business data) as indicates that the data element is described in General Note 19(c), a. Adding a sentence after the second mandatory in all cases; a ‘‘C’’ next to Harmonized Tariff Schedule of the sentence in paragraph (a); and any listed data element indicates that United States (HTSUS); b. Adding a sentence at the end of the data element is conditional and (ii) Securities and similar evidence of paragraph (d). must be transmitted to CBP only if the value described in subheading 4907, The additions would read as follows:

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123.8 Permit or special license to unlade subject to the advance electronic information is received from the or lade a vessel or vehicle. information filing requirement under shipper) and weight of the cargo; or, for (a) Permission to unlade or lade. paragraph (a) of this section. a sealed container, the shipper’s * * * Permission to unlade or lade a (b) Exception; cargo in transit from declared description and weight of the truck may be denied for any cargo with point to point in the United States. cargo (generic descriptions, specifically respect to which advance electronic Domestic cargo transported by train to those such as ‘‘FAK’’ (‘‘freight of all information has not been received as one port from another in the United kinds’’), ‘‘general cargo,’’ and ‘‘STC’’ provided in § 123.92 or 192.14 of this States by way of a foreign country is not (‘‘said to contain’’) are not acceptable); chapter, as applicable.* * * subject to the advance electronic (6) The shipper’s complete name and * * * * * information filing requirement for address, or identification number, from (d) Term permit or special license. incoming cargo under paragraph (a) of the bill(s) of lading (this means the * * * A term permit or special license this section. actual owner (exporter) of the cargo to unlade or lade a truck already issued (c) Incoming rail carrier. (1) Receipt of from the foreign country; listing a will not be applicable as to any cargo data; acceptance of cargo. As a pre- freight forwarder or broker under this with respect to which advance requisite to accepting the cargo, the category is not acceptable; the electronic information has not been carrier must receive, from the foreign identification number will be a unique received as provided in § 123.92 or shipper and owner of the cargo or from number to be assigned by CBP upon the 192.14 of this chapter, as applicable. a freight forwarder, as applicable, any implementation of the Automated 3. Amend part 123 by adding a new necessary cargo shipment information, Commercial Environment); subpart J to read as follows: as listed in paragraph (d) of this section, (7) The complete name and address of for electronic transmission to CBP. the consignee, or identification number, Subpart J—Advance Information for (2) Accuracy of information received from the bill(s) of lading (The consignee Cargo Arriving by Rail or Truck by rail carrier. Where the rail carrier is the party to whom the cargo will be electronically presenting the cargo delivered in the United States. However, § 123.91 Electronic information for rail information required in paragraph (d) of in the case of cargo shipped ‘‘to order cargo required in advance of arrival. this section receives any of this of [a named party],’’ the carrier must § 123.92 Electronic information for truck information from another party, CBP identify this named ‘‘to order’’ party as cargo required in advance of arrival. will take into consideration how, in the consignee; and, if there is any other accordance with ordinary commercial commercial party listed in the bill of Subpart J—Advance Information for practices, the rail carrier acquired such lading for delivery or contact purposes, Cargo Arriving by Rail or Truck information, and whether and how the the carrier must also report this other carrier is able to verify this information. commercial party’s identity and contact § 123.91 Electronic information for rail Where the rail carrier is not reasonably information (address/phone number) in cargo required in advance of arrival. able to verify such information, CBP the ‘‘Notify Party’’ field of the advance (a) General requirement. Pursuant to will permit the carrier to electronically electronic data transmission to CBP, to section 343(a), Trade Act of 2002, as present the information on the basis of the extent that the CBP-approved amended (19 U.S.C. 2071 note), and what the carrier reasonably believes to electronic data interchange system is subject to paragraph (e) of this section, be true. capable of receiving this data. The for any train requiring a train sheet (d) Cargo information required. The identification number will be a unique under § 123.6, that will have rail carrier must electronically transmit number assigned by CBP upon commercial cargo aboard, Customs and to CBP the following information for all implementation of the Automated Border Protection (CBP) must required incoming cargo that will arrive Commercial Environment); electronically receive from the rail in the United States by train: (8) The place where the rail carrier carrier certain information concerning (1) The rail carrier identification takes possession of the cargo shipment; the incoming cargo, as enumerated in SCAC code (the unique Standard Carrier (9) Internationally recognized paragraph (d) of this section, no later Alpha Code assigned for each carrier by hazardous material code when such than 2 hours prior to the arrival of the the National Motor Freight Traffic materials are being shipped by rail; cargo at the United States port of entry. Association; see § 4.7a(c)(2)(iii) of this (10) Container numbers (for Specifically, to effect the advance chapter); containerized shipments) or the rail car electronic transmission of the required (2) The carrier-assigned conveyance numbers; and rail cargo information to CBP, the rail name, equipment number and trip (11) The seal numbers for all seals carrier must use a CBP-approved number; affixed to containers and/or rail cars to electronic data interchange system. (3) The scheduled date and time of the extent that CBP’s data system can (1) Through cargo in transit to a arrival of the train at the first port of accept this information (for example, if foreign country. Cargo arriving by train entry in the United States; a container has more than two seals, and for transportation in transit across the (4) The numbers and quantities of the only two seal numbers can be accepted United States from one foreign country cargo laden aboard the train as through the system per container, the to another; and cargo arriving by train contained in the carrier’s bill of lading, carrier’s electronic presentation of two for transportation through the United either master or house, as applicable of these seal numbers for the container States from point to point in the same (this means the quantity of the lowest would be considered as constituting full foreign country are subject to the external packaging unit; containers and compliance with this data element). advance electronic information filing pallets do not constitute acceptable (e) Effective date for compliance with requirement for incoming cargo under information; for example, a container this section. Rail carriers must paragraph (a) of this section. holding 10 pallets with 200 cartons commence the advance electronic (2) Cargo under bond. Cargo that is to should be described as 200 cartons); transmission to CBP of the required be unladed from the arriving train and (5) A precise cargo description (or the cargo information, 90 days from the date entered, in bond, for exportation, or for Harmonized Tariff Schedule (HTS) that CBP publishes notice in the Federal transportation and exportation, in number(s) to the 6-digit level under Register informing affected carriers that another vehicle or conveyance is also which the cargo is classified if that the approved electronic data

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interchange system is in place and (i) Merchandise which may be National Motor Freight Traffic operational at the port of entry where informally entered on Customs Form Association; see § 4.7a(c)(2)(iii) of this the train will first arrive in the United (CF) 368 or 368A (cash collection or chapter); States. receipt); (3) Trip number and, if applicable, the (ii) Merchandise unconditionally or transportation reference number for § 123.92 Electronic information for truck conditionally free, not exceeding $2,000 each shipment (the transportation cargo required in advance of arrival. in value, eligible for entry on CF 7523; reference number is the freight bill (a) General requirement. Pursuant to and number, or Pro Number, if such a section 343(a) of the Trade Act of 2002, (iii) Products of the United States number has been generated by the as amended (19 U.S.C. 2071 note), and being returned, for which entry is carrier); subject to paragraph (e) of this section, prescribed on CF 3311. (4) Container number(s) (for any for any truck required to report its (c) Carrier; and importer or broker. (1) containerized shipment) (if different arrival under § 123.1(b), that will have Single party presentation. Except as from the equipment number), and the commercial cargo aboard, Customs and provided in paragraph (c)(2) of this seal numbers for all seals affixed to the Border Protection (CBP) must section, the incoming truck carrier must equipment or container(s); electronically receive from the party present all required information to CBP (5) The foreign location where the described in paragraph (c) of this in the time and manner prescribed in truck carrier takes possession of the section certain information concerning paragraph (a) of this section. cargo destined for the United States; the cargo, as enumerated in paragraph (2) Dual party presentation. The (6) The scheduled date and time of (d) of this section. The CBP must receive United States importer, or its Customs arrival of the truck at the first port of such cargo information by means of a broker, may elect to present to CBP a entry in the United States; CBP-approved electronic data portion of the required information that (7) The numbers and quantities for the interchange system no later than either it possesses in relation to the cargo. cargo laden aboard the truck as 30 minutes or 1 hour prior to the Where the broker, or the importer (see contained in the bill(s) of lading (this carrier’s arrival at a United States port § 113.62(j)(2) of this chapter), elects to means the quantity of the lowest of entry, or such lesser time as submit such data, the carrier is external packaging unit; containers and authorized, based upon the CBP- responsible for presenting to CBP the pallets do not constitute acceptable approved system employed to present remainder of the information specified information; for example, a container the information. in paragraph (d) of this section. holding 10 pallets with 200 cartons (3) Party receiving information (1) Through cargo in transit to a should be described as 200 cartons); believed to be accurate. Where the party foreign country. Cargo arriving by truck (8) The weight of the cargo, or, for a electronically presenting the cargo in transit through the United States from sealed container, the shipper’s declared information required in paragraph (d) of one foreign country to another weight of the cargo; this section receives any of this (§ 123.31(a)); and cargo arriving by truck (9) A precise description of the cargo information from another party, CBP for transportation through the United or the Harmonized Tariff Schedule will take into consideration how, in States from one point to another in the (HTS) numbers to the 6-digit level under accordance with ordinary commercial same foreign country (§ 123.31(b); which the cargo will be classified practices, the presenting party acquired § 123.42) are subject to the advance (generic descriptions, specifically those such information, and whether and how electronic information filing such as FAK (‘‘freight of all kinds’’), the presenting party is able to verify this requirement in paragraph (a) of this ‘‘general cargo,’’ and ‘‘STC’’ (‘‘said to information. Where the presenting party section. contain’’) are not acceptable); is not reasonably able to verify such (10) Internationally recognized (2) Cargo entered under bond. Cargo information, CBP will permit the party hazardous material code when such that is to be unladed from the arriving to electronically present the information cargo is being shipped by truck; truck and entered, in bond, for on the basis of what the party (11) The shipper’s complete name and exportation, or for transportation and reasonably believes to be true. address, or identification number, from exportation, in another vehicle or (d) Cargo information required. The the bill(s) of lading (the identity of the conveyance are also subject to the following commodity and transportation actual shipper (the owner and exporter) advance electronic information filing information, as applicable, must be of the cargo from the foreign country is requirement in paragraph (a) of this electronically transmitted to and required; the identification number will section. received by CBP for all required be a unique number to be assigned by (b) Exceptions from advance reporting incoming cargo arriving in the United CBP upon the implementation of the requirements. (1) Cargo in transit from States by truck, to the extent that the Automated Commercial Environment); point to point in the United States. particular CBP-approved electronic data and Domestic cargo transported by truck and interchange system employed can (12) The complete name and address arriving at one port from another in the accept this information: of the consignee, or identification United States after transiting a foreign (1) Conveyance number, and (if number, from the bill(s) of lading (the country (§ 123.21; § 123.41) is exempt applicable) equipment number (the consignee is the party to whom the from the advance electronic filing number of the conveyance is its Vehicle cargo will be delivered in the United requirement for incoming cargo under Identification Number (VIN) or its States, with the exception of ‘‘FROB’’ paragraph (a) of this section. license plate number and State of (Foreign Cargo Remaining On Board); (2) Certain informal entries. The issuance; the equipment number, if the identification number will be a following merchandise is exempt from applicable, refers to the identification unique number assigned by CBP upon the advance cargo information reporting number of any trailing equipment or implementation of the Automated requirements under paragraph (a) of this container attached to the power unit); Commercial Environment). section, to the extent that such (2) Carrier identification (this is the (e) Effective date for compliance with merchandise qualifies for informal entry truck carrier identification SCAC code this section. The incoming truck carrier pursuant to part 143, subpart C, of this (the unique Standard Carrier Alpha and, if electing to do so, the United chapter: Code) assigned for each carrier by the States importer, or its Customs broker,

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must present the necessary cargo data to Couriers, the USPPI or its authorized approved electronic system. The AES CBP at the particular port of entry where agent must transmit and verify system Commodity Module already captures the truck will arrive in the United States acceptance of export air cargo the requisite export data, so no new data on and after 90 days from the date that information no later than 2 hours prior elements for export cargo are required CBP has published a notice in the to the scheduled departure time of the under this section. The export cargo Federal Register informing affected aircraft; data elements that are required to be carriers that: (iii) For truck cargo, including cargo reported electronically through the (1) The approved data interchange is departing by Express Consignment approved system are also found in in place and fully operational at that Courier, the USPPI or its authorized § 30.63 of the Bureau of Census port; and agent must transmit and verify system Regulations (15 CFR 30.63). (2) The carrier must commence the acceptance of export truck cargo (2) Transportation data. Reporting of presentation of the required cargo information no later than 1 hour prior the following transportation information information through the approved to the arrival of the truck at the border; is currently mandatory for the vessel, system. and air, truck, and rail modes (see also (iv) For rail cargo, the USPPI or its paragraph (c)(3) of this section): PART 192—EXPORT CONTROL authorized agent must transmit and (i) Mode of transportation (the mode 1. The authority citation for part 192 verify system acceptance of export rail of transportation is defined as that by would be revised to read as follows: cargo information no later than 4 hours which the goods are exported or prior to the time at which the engine is shipped (vessel, air, rail, or truck)); Authority: 19 U.S.C. 66, 1624, 1646c. attached to the train to go foreign. (ii) Carrier identification (for vessel, Subpart A also issued under 19 U.S.C. 1627a, (2) Applicability of time frames. The rail and truck shipments, the unique 1646a, 1646b; subpart B also issued under 13 U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91. time periods in paragraph (b)(1) of this carrier identifier is the 4-character section for reporting required export Standard Carrier Alpha Code (SCAC); 2. Amend subpart B of part 192 by cargo information to CBP for outward for aircraft, the carrier identifier is the adding a new § 192.14 to read as vessel, air, truck, or rail cargo only 2-or 3-character International Air follows: apply to shipments without an export Transport Association (IATA) code); § 192.14 Electronic information for license, that require full pre-departure (iii) Conveyance name (the outward cargo required in advance of reporting of shipment data, in order to conveyance name is the name of the departure. comply with the advance cargo carrier; for sea carriers, this is the name (a) General requirement. Pursuant to information filing requirements under of the vessel; for others, the carrier section 343(a), Trade Act of 2002, as section 343(a), as amended. Paragraph name); amended (19 U.S.C. 2071 note), and (e) of this section details effective dates (iv) Country of ultimate destination subject to paragraph (e) of this section, for compliance with the time frames (this is the country as known to the for any commercial cargo that is to be provided in paragraph (b)(1) of this USPPI at the time of exportation, where transported out of the United States by section. Requirements placed on exports the cargo is to be consumed or further vessel, aircraft, rail, or truck, unless controlled by other Government processed or manufactured; this country exempted under paragraph (d) of this agencies will remain in force unless would be identified by the 2-character section, the United States Principal changed by the agency having the International Standards Organization Party in Interest (USPPI), or its regulatory authority to do so. The CBP (ISO) code for the country of ultimate authorized agent, must electronically will also continue to require 72-hour destination); transmit for receipt by Customs and advance notice for vehicle exports (v) Estimated date of exportation (the Border Protection (CBP), no later than pursuant to § 192.2(c)(1) and (c)(2)(i) of USPPI or its authorized agent must the time period specified in paragraph this part. USPPIs or their authorized report the date the cargo is scheduled to (b) of this section, certain cargo agents should refer to the relevant titles leave the United States for all modes of information, as enumerated in of the Code of Federal Regulations for transportation; if the actual date is not paragraph (c) of this section. pre-filing requirements of other known, the USPPI or its authorized Specifically, to effect the advance Government agencies. agent must report the best estimate as to electronic transmission of the required (3) System verification of data the time of departure); and cargo information to CBP, the USPPI or acceptance. Once the USPPI or its (vi) Port of exportation (the port its authorized agent must use a CBP- authorized agent has transmitted the where the outbound cargo actually approved electronic data interchange data required under paragraphs (c)(1) departs from the United States is system (currently, the Automated and (c)(2) of this section, and the CBP- designated by its unique code, as set Export System (AES)). approved electronic system has received forth in Annex C, Harmonized Tariff (b) Presentation of data. (1) Time for and accepted this data, the system will Schedule of the United States (HTSUS)). presenting data. USPPIs or their generate and transmit to the USPPI a (3) Proof of electronic filing; authorized agents must electronically confirmation number (this number is exemption from filing. The USPPI, or its transmit and verify system acceptance known as the Internal Transaction authorized agent, must furnish to the of required cargo information for Number (ITN)), which verifies that the outbound carrier a proof of electronic outbound cargo no later than the time data has been accepted as transmitted filing citation (the ITN), low-risk period specified as follows (see for the outgoing shipment. exporter citation (currently, the Option paragraph (b)(3) of this section): (c) Information required. (1) Currently 4 filing citation), or exemption (i) For vessel cargo, the USPPI or its collected commodity data. The export statement, for annotation on the carrier’s authorized agent must transmit and cargo information to be collected from outward manifest, waybill, or other verify system acceptance of export USPPIs or their authorized agents for export documentation covering the vessel cargo information no later than outbound cargo is already contained in cargo to be shipped. The proof of 24 hours prior to the departure of the the Bureau of Census electronic electronic filing citation, low-risk vessel; Shipper’s Export Declaration (SED) that exporter citation, or exemption (ii) For air cargo, including cargo the USPPI or its authorized agent statement, will conform to the approved being transported by Air Express currently presents to CBP through the data formats found in the Bureau of

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Census Foreign Trade Statistics USPPI or authorized agent is able to date of mandatory filing regulations that Regulations (FTSR) (15 CFR part 30). verify this information. Where the will be issued by the Department of (4) Carrier responsibility. (i) Loading USPPI or authorized agent is not Commerce pursuant to the Security of cargo. The carrier may not load cargo reasonably able to verify any Assistance Act (Pub. L. 107–228). This without first receiving from the USPPI information received, CBP will permit date will be announced in the Federal or its authorized agent either the related this party to electronically present the Register. electronic filing citation as prescribed information on the basis of what it Robert C. Bonner, under paragraph (c)(3) of this section, or reasonably believes to be true. an appropriate exemption statement for (d) Exemptions from reporting; Commissioner, Customs and Border Protection. the cargo as specified in paragraph (d) Census exemptions applicable. The of this section. USPPI or authorized agent must furnish Approved: July 17, 2003. (ii) High-risk cargo. For cargo that to the outbound carrier an appropriate Tom Ridge, CBP has identified as potentially high- exemption statement (low-risk exporter risk, the carrier, after being duly notified or other exemption) for any export Secretary, Department of Homeland Security. by CBP, will be responsible for shipment laden that is not subject to Note: The following appendix will not delivering the cargo for inspection/ pre-departure electronic information appear in the Code of Federal Regulations. examination. If the cargo identified as filing under this section. The exemption high risk has already departed, CBP will statement will conform to the proper Appendix—Regulatory Flexibility Act exercise its authority to demand that the format approved by the Bureau of and Executive Order 12866 export carrier redeliver the cargo in Census. Any exemptions from reporting The Bureau of Customs and Border accordance with the terms of its requirements for export cargo are Protection (CBP) conducted the analysis international carrier bond (see enumerated in §§ 30.50 through 30.58 of below to concurrently address the § 113.64(g)(2) of this chapter). the Bureau of Census Regulations (15 requirements of the Regulatory Flexibility (5) USPPI receipt of information CFR 30.50 through 30.58). These Act (RFA) of 1980 and Executive Order believed to be accurate. Where the exemptions are equally applicable 12866. Those provisions require, USPPI or its authorized agent under this section. respectively, that CBP (1) assess the impact electronically presenting the cargo (e) Effective date for compliance. The of proposed rules on small business entities information required in paragraphs requirements of this section, including via an initial regulatory flexibility analysis (c)(1) and (c)(2) of this section receives the pre-departure time frames for and (2) determine if the proposed rule is a significant regulatory action, defined as any of this information from another reporting export cargo information for having annual impact on the United States party, CBP will take into consideration required shipments, and the economy of $100 million or more. Critical to how, in accordance with ordinary requirement of the ITN, will be recognize is the RFA’s focus of the proposed commercial practices, the USPPI or its implemented concurrent with the rule’s effect on small, United States-based authorized agent acquired this completion of the redesign of the AES entities, as established by the standards information, and whether and how the commodity module and the effective identified in Panel 1 below.

PANEL 1.—INDUSTRY SIZE STANDARDS FOR SMALL ENTITIES1

NAICS sec- Mode Industry grouping tor identifier Standard of measure—less than

Air ...... Scheduled and Non-Scheduled Freight ...... #48112 1500 employees. #481212 Rail ...... Short Haul ...... #482112 500 employees. Vessel ...... Deep Sea ...... #483111 500 employees. Truck ...... (a) General Freight, Local ...... #484110 $21.5 million gross annual reve- nues. (b) General Freight, Long Distance ...... #484121 (b) General Freight, Long Distance & Less Than Truckload ...... #484122 (c) Specialized Freight, Local ...... (e) Specialized Freight, Long Distance ...... #484220 #484230 1 Source: Small Business Size Standards Matched to North American Industry Classification Systems (NAICS), Small Business Administration, October 1, 2002.

A. Need for and Objective of the Proposed providing CBP with sufficient detailed information and (b) that information’s Rule information on trade flows within a sufficient submission prior to arrival into/departure The proposed rule responds to the advanced timeframe such that CBP may from the United States. The advanced requirements of section 343(a) of the Trade exercise review, targeting and inspection of submission requirements vary by mode of Act of 2002, as amended (19 U.S.C. 2071 those shipments with the purpose of transport, reflecting operational requirements note). That Act requires that CBP implement identifying and subsequently inspecting and conditions for those modes. The those high risk shipments with potential procedures which require the advanced advanced submission timeframes by mode application to terrorist activities. electronic submission of cargo information are summarized in Panel 2 below: for both imports into and exports from the B. Description and Estimates of Small United States while not unduly impeding the Entities Affected by the Proposed Rule flow of lawful trade. The fundamental The proposed rule centers on two key objective of the proposed rule centers on features: (a) electronic submission of cargo

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PANEL 2.—SUMMARY OF ELECTRONIC SUBMISSION TIMEFRAMES BY MODE

Inbound baseline time-frame Outbound baseline time-frame Mode Inbound for advanced electronic Outbound for advanced electronic submission submission

Vessel ...... All cargo requiring reporting 24 hours prior to lading at for- All cargo requiring reporting 24 hours prior to departure. for CBP purposes. eign port of departure. under current Census regu- lations. 1 Air ...... All cargo requiring reporting 4 hours prior to arrival in US. 2 All cargo requiring reporting 2 hours prior to scheduled de- for CBP purposes. under current Census regu- parture. lations. 1 Rail ...... All cargo requiring reporting 2 hours prior to arrival at 1st All cargo requiring reporting 4 hours prior to attachment of for CBP purposes. US port. under current Census regu- engine to train to go for- lations. 1 eign. Truck ...... All cargo requiring reporting 30 minutes or 1 hour prior to All cargo requiring reporting 1 hour prior to scheduled bor- for CBP purposes. arrival at 1st US port. under current Census regu- der crossing. lations. 1 1 Note: As a matter of clarification and definition of the proposal’s coverage, United States exports to Canada are not subject to advanced electronic cargo information submission under this proposal unless (a) the merchandise is licensable by Department of State or Department of Defense regulations or (b) the merchandise is transiting Canada with a 3rd country destination. 2 Note: However, in the case of cargo requiring reporting for CBP purposes that departs for the United States from any foreign port or place in North America (including locations in Mexico), Central America, South America (from north of the Equator only), the Caribbean, and Bermuda, the cargo information must be received no later than the time of the departure of the aircraft for the United States (no later than the time that wheels are up on the aircraft, and it is en route directly to the United States.)

The General Theory another, a change in the national and (2) Mandatory electronic filing; In classical economic theory, the value and international economic system’s equilibrium. (3) Costs to be incurred for compliance volume of the supply and demand for goods To the extent that the rule requires include those which are recurring and those and services in a national economy exist substantive process adjustments by which are one-time only; under conditions of an equilibrium price for producers, carriers, brokers, importers and (4) Mandatory use of already existing those goods and services, both domestically, exporters, then the proposed rule would government approved electronic data through national income accounting represent an effective change in system interchange systems, notably the Automated equilibrium, resulting in subsequent components, and internationally, through the Export System (AES) for all export net trade component. Disruptions, or substantial changes in supply, demand and price. To the extent that the rule’s effect on transactions; Automated Manifest System changes, in that state of equilibrium occur trade participants is slight to negligible, then (AMS) with applications for inbound rail, air, regularly and frequently, with concomitant the rule’s effect would not measurably alter and vessel shipments; and other modules, changes in supply and demand. Sources of system equilibrium. such as the NCAP (National Customs such changes can be of a cyclical, secular or In the sections below, CBP will identify, Automation Program) prototype, with special random noise variety, ranging in gravity and isolate, explore, explain and estimate the application for truck modal operations; comprehensiveness in effect from major, as extent of the proposed rule’s impact on the (5) Internet access to CBP data interchanges in large sustained increases in international national United States economy pursuant to for information submission and message energy prices, to small, as in damage to a E.O. 12866 and net trade component by transaction; large retailer’s distribution center, to means of identifying the process adjustments (6) Submitter’s choice to exercise negligible, as in the brief closure for periodic expected for small business entities under preference to employ third parties for maintenance of a single manufacturing plant. the RFA. The CBP intends to supplement this information submission; and Each such significant change results in the initial regulatory impact analysis under E.O. (7) ‘‘Just-in-time’’ manufacturing economic model’s initial equilibrium 12866, and this initial regulatory flexibility adjusting and readjusting via the mechanism considerations, common in CBP’s prior analysis under the RFA with an expanded, ‘‘Strawman’’ proposals, are eliminated as a of elasticities of price with respect to demand more comprehensive follow-up assessment result of substantive reductions in until all multiplier effects are exhausted and conducted by a private source under timeframes for prior data submission. a new state of equilibrium is achieved, both contract. The summary of operational nationally and internationally via competing change, presented in Panel 2 above, serves as Air Mode Inbound goods and services. The significance of a map to the estimation of the rule’s impact. change to a new equilibrium will depend on The proposed rule establishes timeframes the gravity of that initial change. Commonalities of Proposed Rule of 4 hours for electronic submission of The proposed rule offers certain conditions information prior to the aircraft’s arrival in The Specific Regulatory Case in common for all trade participants the United States, or no later than the time In the case of the current considered regardless of mode: of ‘‘wheels-up’’ in the case of certain nearby proposed rule on advanced electronic (1) Advanced information submission, foreign areas. Panel 3 below summarizes the submission of cargo information, such a albeit with different timeframes for different volume of inbound air cargo by principal air proposed rule represents, to one degree or modes; carrier segment.

PANEL 3.—INBOUND AIR CARGO ACTIVITY, JANUARY 2003

Airway bill volume Median num- Air carrier segment (in thousands) ber of U.S. ports served

Total Volume (355 Active Air Carriers) ...... 3,270 ...... (A) Volume of Express Consignment Carriers: Major carriers ...... 2,410 (73.7%) 14 (B) Other Air Cargo ...... 860 (26.3%) ...... Top 14 Carriers ...... 460 (14.1%) 9

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PANEL 3.—INBOUND AIR CARGO ACTIVITY, JANUARY 2003—Continued

Median num- Air carrier segment Airway bill volume ber of U.S. (in thousands) ports served

Remaining 338 Carriers ...... 400 (12.3%) 3 Source: Automated Commercial System.

In addition to requiring information arrival ports. To a significant degree, those consideration. The portion of this segment submission four hours prior to arrival in the one time costs would be mitigated by which is U.S. based will be required to incur United States, or no later than the time of recurring operational efficiencies related to one time costs for hardware and software for ‘‘wheels-up’’ in the case of certain nearby standard business operations and more rapid data transmission. foreign areas, air carriers will be required to CBP processing and release of shipments, While hardware requirements and software provide their own interface capability with allowing more rapid turnaround of the cost relatively little and while Internet the government approved electronic aircraft and crew for increased revenue transmission is distinctly low cost, those interchange at each U.S. Port of Arrival generation activities. firms will be required to expend time for data served by that carrier. The current International inbound mail shipments are entry. Compared to normal, pre-proposal government approved interchange is the included in the cargo volumes cited above. operation standards, that factor could Automated Manifest System—Air (AAMS). However, advanced data submission for mail represent a significant cost. Those carriers will no longer be required to shipments through the United States Postal On the other hand, CBP estimates that present a hard copy of their manifest upon Service (USPS) is excluded from recurring annual costs of data transmission arrival. Only in the event that the data consideration in the proposed rule. To this are low. Further, certain other benefits interchange system is temporarily end, reflecting the restrictive condition of representing lower operating costs will be unavailable by malfunction would carriers be involvement of sovereign foreign realized. Electronic transmission will required to present a hard copy of their cargo governments and pre-existing international represent a lower cost burden on record manifest. treaties governing the movement of keeping for those entities as well as speed The data in Panel 3 establishes several international inbound mail shipments, CBP cargo information submission and physical relevant considerations in assessing the contemplates that such shipments will not at border release of the conveyance at the U.S. proposed rule’s impact. The large majority of this time be subject to the terms and port of arrival for those shipments. Such air inbound shipments (73.7%), as measured conditions of the proposed rule. electronic efficiencies could be expected to by airway bills, is accounted for by a translate directly into lower daily operational relatively small number of large express Truck Mode Inbound; Rail Mode Inbound costs for entities. Also, the likelihood is consignment carriers. Those carriers Panel 4 below illustrates the volume of substantial that U.S. based small truck currently are highly automated and currently truck and rail traffic reported on the Northern entities will develop cooperative and have the capacity at virtually no cost to and Southern borders: commercial arrangements with exporters. comply with the data submission provisions Such arrangements would likely involve of the proposed rule. Measured by median, PANEL 4.—CONVEYANCE ARRIVALS provision to the truck entity of data in readily those carriers import shipments into 13 U.S. transmittable format, thus reducing the data ports of arrival and long ago equipped those FY 2002 volume entry burden of this segment. sites for AAMS transmissions. Mode (in thousands) As yet another mitigating factor, small These express consignment carriers would truck entities may choose to engage the data likely not be affected by the proposed rule Total Commercial Air- 574.3. services of port authorities or commercial even in the case of short haul flights, largely craft. service providers. Further still, there is a originating in Mexico and Canada, inasmuch Total Trucks ...... 12,258.0. social good to be considered in that faster as they would only be required to submit At Southern Border ... 349.8 (2.9%). conveyance release at the port of arrival will AAMS information no later than the time of At Northern Border ... 11,908.2 (97.2%). translate directly into less local traffic departure from the foreign area (no later than Total Trains ...... 44.3. congestion at the port and lower diesel the time of ‘‘wheels-up’’). As a result, there At Southern Border ... 8.4 (19%). emissions for residents of the locality. While would be no delay in departure from the At Northern Border ... 35.9 (81%). complex to quantify, such commercial and foreign source necessitated in order to meet Total Vessels ...... 226.2. health benefits cannot responsibly be a pre-arrival reporting requirement. In any neglected because tangible social welfare and event, in operational practice, those carriers Source: Automated Commercial System. commercial benefits will result. often engage more economical land shipment Truck Mode Inbound; Explanation and Less than 3% of truck activity takes place instead of higher cost air movement for short Analysis of Data at Southern Border sites (see Panel 4 above). haul moves. An unestablished number of trucking entities As a result of the above data and The proposed rule requires cargo operate in that geographic environment. operational considerations, CBP concludes information submission either 30 minutes or However, long-term operational observation that these large carriers are substantially 1 hour prior to arrival at the first U.S. Port establishes that much of that border’s truck unaffected by the proposed rule. of Arrival. As noted in Panel 4 above, the volume centers on servicing the maquiladora The CBP estimates that these same factors large majority of truck arrivals (97.2%) industry based in the local Mexican border and conclusion above hold for the second tier occurs at Northern Border ports. The CBP area. These Mexican-based plants are owned of air carriers, comprising 14.1% of airway estimates that 60% of this inbound mode and operated in the large majority for the bill volume. Those 14 carriers arrive at a arrives with manually presented hard copy assembly function by large U.S. and median 9 U.S. Ports of Arrival. cargo information and, therefore, would be multinational corporations (Chapter 98, The CBP data establish that a remaining subject to changed operations to comply with Subchapter II, Harmonized Tariff Schedule of 338 small carriers account for 12.3% of the proposed rule. Further, consultations the United States (HTSUS) (Articles Exported inbound air volume, serving a median 3 Ports with industry sources suggest that the and Returned, Advanced or Improved of Arrival. Operating on a manual hard copy Northern Border supports an estimated Abroad)). Such U.S. and multinational basis upon arrival, a majority of those 338 22,000 individual truck entities, of which corporations are highly automated in their entities are foreign owned and fall out of the 15,000 meet Small Business Administration record keeping and cargo information scope of the RFA. For those U.S. based small standards as small entities (see Panel 1 transmission capabilities. air carriers, CBP estimates that one time costs above). A substantial portion of the 15,000 Further, a substantial majority of that north would be incurred to establish data small trucking firms are Canada-based and, bound traffic relies on lower cost Mexican- transmission capability at the median three therefore, beyond the scope of the RFA’s based trucking entities operating in a shuttle

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fashion to supply finished products to up resources for expanded revenue implemented Container Security Initiative distribution facilities located on U.S. generation opportunities. (CSI). An estimated 50% of inbound vessel territory. Such foreign owned trucking volume is accounted for by the previously entities are beyond the scope of the RFA’s Rail Mode Inbound; Explanation and Analysis of Data implemented CSI program. The CBP consideration. estimates that a further 45% of inbound If small U.S. based truck companies engage The proposed rule establishes that cargo vessel cargo volume already participates in data transmitting aids at a commercially information will be electronically submitted AMS electronic transmission, leaving only negotiated cost, one would reasonably expect 2 hours prior to arrival at the first U.S. port 5% of this vessel volume to be affected by that truck companies would pass those costs of arrival. As noted in Panel 4 above, 81% downstream. Such a cost increase may of rail volume occurs at Northern Border the proposed rule. Also, because of the encourage a change in competitive ports. The CBP estimates that all but 6 rail transportation timeframes inherent in long relationships with comparable transportation carriers already submit cargo information haul vessel transport, the filing time services offered by rail carriers. Further electronically. Only those 6 carriers would be requirement is not expected to impose a consideration, however, mitigates the affected by the proposed rule, and of those measurable operational burden on carriers. likelihood and significance of any 6, some may not qualify as a small entity And based on capital and labor requirements competitive modal shift in that such shifts according to Panel 1 SBA standards. The and practices in this segment, it is highly depend highly on the (1) nature of the operational effect of the proposal would be unlikely that these carriers would meet SBA merchandise to be transported, (2) elasticities mitigated to a substantial degree by small entity standards (see Panel 1 above). of price with respect to demand for those operational efficiencies attributable to Further still, few carriers are U.S. based and commodities for trade participants and (3) electronic filing. Further mitigation is thus properly considered under provisions of the inherent established time and location-of- identified by the proposal’s provision that the RFA. service flexibility of trucking versus rail the filing requirement will become transport. mandatory within 90 days of CBP port All Modes Outbound In summary for this inbound mode, a automation to allow Rail AMS. The CBP Panel 5, below, illustrates the increasing certain substantial number of U.S. based establishes that 12 border ports still remain volume of export shipments, from 1995 small truck entities operating on the to be made operational for Rail AMS through 2002, that have been reported Northern Border may experience measurable operation. cost of operation impact from the proposed electronically through the Automated Export rule. However, CBP estimates that many of Vessel Mode Inbound System (AES); and Panel 6, below, reflects, those costs would be offset by concomitant The proposed rule establishes that cargo as of February 2003, the vastly increased operational efficiencies directly resulting information will be transmitted to CBP 24 number of export shipments being reported from an operational shift from pre-proposal hours prior to lading at the foreign port of through AES as a percentage of the total manual hard copy practices to electronic departure, a standard which is consistent and number of export shipments reported, both filing and expedited border release, freeing exactly compatible with the earlier electronically and on paper.

PANEL 5.—VOLUME OF AES SHIPMENTS [External transaction numbers, in thousands]

Year Total Air Rail/Truck Vessel

1995 ...... 0.4 0 0 0.4 1996 ...... 21.4 0 0 21.4 1997 ...... 60.7 0.2 3.6 56.9 1998 ...... 221.0 30.3 81.1 109.6 1999 ...... 1038.5 486.4 262.7 289.5 2000 ...... 7140.9 4053.3 1407.0 1676.2 2001 ...... 8819.0 4424.3 1586.3 2800.7 2002 ...... 9424.0 4788.8 1832.9 2785.0 Source: Bureau of the Census.

PANEL 6.—EXPORT RECORDS, FEBRUARY 2003 [In thousands]

Via paper Total AES as per- Mode Via AES SED records cent of total

Air ...... 421.3 80.7 502.1 83.9 Vessel ...... 286.3 11.7 298.0 96.1 Truck/Rail ...... 261.3 52.7 314.0 83.3

Total ...... 968.9 145.2 1114.1 87.0 Source: Bureau of the Census.

All Modes Outbound; Explanation and flexibility and E.O. 12866 impact is that currently AES transactions account for Analysis of Data presented for information purposes solely. 87% of all export records (see Panel 6). The proposed rule states that exporters The participation of outbound shipments Because of the large majority already (U.S. Principal Parties in Interest—USPPI’s) participating in AES filing, only 13% of in the proposed rule’s reporting requirements or their authorized agents will file export records will be affected by the will be concurrent with the completion of the commodity export information via the redesign of the AES commodity module and existing government approved data proposed rule. mandatory, effective with a future regulatory interchange, AES, within certain time frames Because of modal travel and preparation publication by the Department of Commerce. prior to departure from the U.S. (see Panel 2 times, CBP does not identify notable For purposes of this proposed rule, the for time frames). operational hardship in meeting border treatment below of outbound regulatory The use of AES has risen dramatically since its inception in 1995 (see Panel 5), such

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crossing filing times for any mode. In fact, exporters (U.S.-based consumers) through software, maintain system and transmit at the air express consignment burden is some mechanism of, effectively, a user fee. their own initiative; (b) 50 to purchase decreased compared to imports by a 1 hour In the case that outbound international software, maintain and transmit; and (c) 205 timeframe prior to departure. Filings may mail shipments are indeed included in the to employ service providers for software, take place via low cost Internet transmission. proposed rule, then such an impact readily maintenance and transmission. Employing In filing, the USPPI will submit electronically qualifies this proposal as a significant that distribution, CBP estimates the following to CBP a self generated external transaction regulatory action, surpassing the $100 transmission costs of compliance, broken number (XTN), receiving from CBP an million economic impact threshold down by both one-time and recurring annual internal transaction number (ITN), which is established by the Executive Order. In the costs: a system verification and approval case that such shipments are removed or (confirmation) number for cargo shipment waived from the proposal at a later time, then ESTIMATED AIR MODE COSTS OF the proposed rule’s categorization as a information. Actual performance establishes TRANSMISSION that the ITN turnaround is routinely less than significant regulatory action would no longer 1 minute. Only in the case that the USPPI hold. [Thousands of dollars] chooses to engage in a third party Competitive Relationship Effect commercial data transmission agent would Transmission option One time Recurring the ITN/XTN turnaround require greater In the event of the USPS being obliged to selected costs annual time, an estimated 15–30 minutes. provide outbound shipment data, then CBP costs As in the Truck Mode Inbound section estimates that the proposed rule would above, a potential impact may be experienced increase the degree of commercial I. Develop ...... $500 $2,000 by small truck entities serving Northern competition between USPS and express II. Purchase ...... 750 1,300 border export transactions. However, as consignment carriers. The U.S. Customs III. Service Providers 205 1,230 detailed in the Note to Panel 2, United States Service (now merged into CBP) prepared a exports to Canada are not subject to advanced detailed report to Congress in late 1997 Total ...... 1,455 4,530 electronic cargo information submission identifying a series of factors of preferential under this proposal unless (a) the Customs treatment available to USPS and not Truck Mode merchandise is licensable by Department of available to express consignment carriers. In consideration of the truck mode, the State or Department of Defense regulations or One of those identified factors focused on the primary cost for a shipper/carrier would (b) the merchandise is transiting Canada with Customs requirement for express carriers to involve complying with the Automated a 3rd country destination. Such a reporting provide detailed export transaction data with Broker Interface (ABI) Selectivity practices. factor may reasonably be expected to mitigate no equivalent requirement for USPS export Specifically, there are approximately any burden on small trucking entities in shipments. By requiring USPS to provide the 13,400 trucking firms that will eventually providing a significant portion of the same data elements as express carriers in the have to move from a paper-based system to remaining 13% of outbound AES data. same timeframe, the proposed rule would an electronic system.* Compliance with the Further with respect to outbound small eliminate one key element of disparate Automated Broker Interface Selectivity truck entities, as also noted in the Truck treatment, effectively leveling the playing practices would require, at a minimum, a Mode Inbound section above, certain cost field between these two exporting entities facsimile transmission within the proposed lowering operational efficiencies will flow and bringing both parties into more equal rule’s time frame for advance information. from the proposal’s obligation to employ business operating practices. Therefore, this rule would impose a small electronic filing, namely: (a) Electronic C. Automation Costs of Participation in capital cost (a fax machine for firms that do transmission will represent a lower cost Advance Electronic Cargo Information not already own a fax machine), and a per- burden on record keeping for those entities; Submission transmission cost. Firms could also avail (b) more rapid cargo information submission; themselves of a commercial transmission and (c) more rapid physical border release of CBP estimates below the following costs of service; however, the per-transmission cost the conveyance at the U.S. port of arrival for shipper/carrier/importer/exporter may be less cost-effective than a personal fax those shipments. Such electronic efficiencies compliance with electronic transmission machine for a firm involved in many could be expected to translate directly into requirements within the proposed rule’s time shipments. The per-transmission cost should lower daily operational costs for entities, frame for submission. The data were gathered be minimal, since the information that firms either partially or entirely offsetting one-time from discussions with software providers and would need to send already must be gathered data transmission costs. trade participants active in electronic data and presented at the time of arrival under transmission with CBP. Executive Order 12866 and Significant current procedures. The CBP also assumes Regulatory Action Air Mode that most trucking firms will already own a Air mode is estimated to incur the greater fax machine. If 50% of firms must invest in Sector of Impact Identified of the costs for all modes. In order to a fax machine (a likely overestimate) at Outbound merchandise shipments purchase software, a large air carrier would approximately $150 per machine, the total generated by the United States Postal Service incur costs of $5,000–$25,000 as a one-time cost of this rule for the trucking industry (USPS) may or may not be included within license fee and $6,000/year in maintenance would be a one-time cost of approximately $1 the scope of the proposed rule. In the event costs, plus an estimated $20,000/yr. in million. The CBP also makes a preliminary of inclusion, as a hybrid-type ‘‘publicly operating costs, primarily labor. If the air determination that this rulemaking would owned private corporation’’, the USPS would carrier chose to develop the transmission not result in any other changes in business be responsible for data entry and software independently, the carrier would practices that would impose additional costs transmission of an estimated 30 million incur development costs of an estimated to trucking firms. We request comments on outbound merchandise transactions (i.e., $100,000, plus annual operating costs of these assumptions. parcel shipments) per year. While not $400,000, primarily labor. If the air carrier (*CBP estimates the following already in the included in the framework of the small entity were to seek transmission services from a analysis: (22,000 Truck firms at the Canada oriented RFA, this organization and the service provider, the carrier would incur border + 350 Truck firms at Mexico border) proposal’s effects become relevant in E.O. costs of $500–$2,000 in one time * (.60 that are currently paper based) = 12866 considerations which relate to impacts subscription fees, plus an annual minimum 13,410).) on the national economy. The CBP estimates $6,000 cost. Vessel and Rail Modes that USPS would incur costs of $4–$6 per In estimating air industry total costs of outbound transaction in order to perform compliance with the proposed rule, CBP Vessel and rail carriers are the least data entry or purchase data entry services for established that 260 of the total 355 air affected in terms of cost of transmission each export transaction, yielding a total carriers are American-based. The CBP because of those carriers’ already high impact of $120–$180 million annually. estimates that these 260 carriers will choose participation rate in electronic transmission Reasonably expected is that the USPS would information transmission compliance options meeting the proposed rule’s requirements. In request and be permitted to pass that cost to in the following distribution: (a) 5 to develop practical terms, costs of data submission for

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these segments of the trade are adjudged near issues: (1) Using already existing automated (3) Low cost of electronic transmission of negligible. systems, such as AES and AMS for data the required data; submission; (2) different, more compact (4) Accessibility to and use of already D. Recordkeeping and Reporting existing government approved electronic data Requirements timeframes for provision of advanced information, oriented primarily around the interchange mechanisms; The proposed rule does not include objective of non-disruption of standard (5) Subsequent operating efficiencies additional, new recordkeeping requirements. business transportation practices and resulting from electronic filing, resulting in Instead, because of the reliance of the commercially critical ‘‘just-in-time’’ delivery enhanced revenue generating activities of proposal on electronic transmissions, the systems; and (3) re-focus of advanced data small carriers; proposal may well simplify and reduce submission from a pre-lading basis to, (6) Exclusion of most exports to Canada existing recordkeeping obligations of the respectively, a pre-arrival-into or pre- from Bureau of the Census reporting; trade participants. In terms of reporting (7) The RFA’s exclusion from requirements, the proposal carefully relies on departure-from U.S. basis. consideration of non-U.S. entities; using existing government approved In response to public expressions and (8) Availability of existing Discrepancy electronic data interchange tools already in explanations, CBP, subsequent to the widespread use by trade participants. ‘‘Strawman’’ Proposals, effectively re-focused Reporting authority for carriers to update/ the time and transportation scheduling basis correct previously submitted cargo data; and E. Alternatives Considered for the advanced electronic data submissions (9) Reporting timeframes which do not The CBP considered and incorporated (see Panel 2 above vs. original Strawman interfere with critical ‘‘just-in-time’’ delivery alternative methodologies into the proposed framework) such that the proposed rule fairly systems. rule’s data submission requirements on trade closely reflects the philosophy and principles Executive Order 12866 community participants. In developing the of the publicly expressed alternatives. proposed rule, CBP sought to balance the With respect to Executive Order 12866, operational needs of legitimate commercial F. Conclusion CBP concludes that, should USPS export cargo flows with a meaningful and effective Regulatory Flexibility Act (RFA) transactions be included within the scope of timeframe for identifying, targeting and the proposal’s reporting requirements, the inspecting potentially high risk merchandise With respect to RFA considerations, CBP proposal qualifies as a significant regulatory shipments. In order to identify that balance, concludes that the proposed rule will result action, with annual national economic cost CBP proposed requirements for advance in no significant economic impact on a greater than $100 million because USPS costs electronic submission by mode in substantial number of small U.S. entities incurred would likely be recouped as user ‘‘Strawman’’ proposals. Those initial because: fees charged to U.S. exporters. The reverse standards proposed submission timetables (1) The proposed rule’s reporting conclusion would hold in the event that ranging from 24 hours prior to departure to timeframes are reasonably compatible with USPS export transactions are not included 4–24 hours prior to lading and subsequent modern shipping practices and capabilities within the proposed rule. Further, in the case cargo movement. and fundamentally reflect the alternative that USPS exports are included, the USPS— Substantial public comment and public approaches presented by those commercial express consignment commercial competitive hearings followed the ‘‘Strawman’’ Proposals, interests; relationship would be more equalized. offering multiple alternatives. With a high (2) The high volume of inbound and degree of uniformity and consistency, those outbound transactions already currently [FR Doc. 03–18558 Filed 7–17–03; 3:39 pm] alternatives focused on several common reported on an electronic basis; BILLING CODE 4820–02–P

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Part III

Environmental Protection Agency Fifty-Second Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments; Notice

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ENVIRONMENTAL PROTECTION I. General Information Dockets at http://www.epa.gov/edocket/ to submit or view public comments, AGENCY A. Does this Action Apply to Me? access the index listing of the contents This notice is directed to the public [OPPT–2003–0026; FRL–7314–4] of the official public docket, and to in general. It may, however, be of access those documents in the public Fifty-Second Report of the TSCA particular interest to you if you docket that are available electronically. Interagency Testing Committee to the manufacture (defined by statute to Although not all docket materials may Administrator of the Environmental include import) and/or process TSCA- be available electronically, you may still Protection Agency; Receipt of Report covered chemicals and you may be access any of the publicly available and Request for Comments identified by the North American docket materials through the docket Industrial Classification System facility identified in Unit I.B.1. Once in AGENCY: Environmental Protection (NAICS) codes 325 (Chemical the system, select ‘‘search,’’ then key in Agency (EPA). Manufacturing) and 32411 (Petroleum the appropriate docket ID number. Refineries). Because this notice is Certain types of information will not ACTION: Notice directed to the general public and other be placed in the EPA Dockets. entities may also be interested, the SUMMARY: The Toxic Substances Control Information claimed as CBI and other Agency has not attempted to describe all Act (TSCA) Interagency Testing information whose disclosure is the specific entities that may be Committee (ITC) transmitted its Fifty- restricted by statute, which is not interested in this action. If you have any Second Report to the Administrator of included in the official public docket, questions regarding the applicability of the EPA on May 30, 2003. In the 52nd will not be available for public viewing this action to a particular entity, consult in EPA’s electronic public docket. EPA’s ITC Report, which is included with this the technical person listed under FOR policy is that copyrighted material will notice, the ITC is not revising the FURTHER INFORMATION CONTACT. not be placed in EPA’s electronic public Priority Testing List. However, the ITC docket but will be available only in is revising the Voluntary Information B. How Can I Get Copies of this printed, paper form in the official public Submissions Innovative Online Network Document and Other Related docket. To the extent feasible, publicly (VISION). Information? available docket materials will be made st In its 51 ITC Report, the ITC 1. Docket. EPA has established an available in EPA’s electronic public announced that it would consider official public docket for this action docket. When a document is selected revising its voluntary information under docket identification (ID) number from the index list in EPA Dockets, the submission procedures to encourage OPPT–2003–0026. The official public system will identify whether the greater and more efficient use of its docket consists of the documents document is available for viewing in VISION. The ITC has reviewed its specifically referenced in this action, EPA’s electronic public docket. voluntary information submission any public comments received, and Although not all docket materials may procedures and considered industry other information related to this action. be available electronically, you may still comments discussed in the 51st ITC Although a part of the official docket, access any of the publicly available Report. At this time, the ITC is revising the public docket does not include docket materials through the docket the VISION as outlined in the 52nd ITC Confidential Business Information (CBI) facility identified in Unit I.B.1. EPA Report, which is included in this notice or other information whose disclosure is intends to work towards providing and on the ITC web site. restricted by statute. The official public electronic access to all of the publicly DATES: Comments, identified by docket docket is the collection of materials that available docket materials through ID number OPPT–2003–0026, must be is available for public viewing at the EPA’s electronic public docket. received on or before August 22, 2003. EPA Docket Center, Rm. B102-Reading For public commenters, it is Room, EPA West, 1301 Constitution important to note that EPA’s policy is ADDRESSES: Comments may be Ave., NW., Washington, DC. The EPA that public comments, whether submitted electronically, by mail, or Docket Center is open from 8:30 a.m. to submitted electronically or in paper, through hand delivery/courier. Follow 4:30 p.m., Monday through Friday, will be made available for public the detailed instructions as provided in excluding legal holidays. The EPA viewing in EPA’s electronic public Unit I. of the SUPPLEMENTARY Docket Center Reading Room telephone docket as EPA receives them and INFORMATION. number is (202) 566–1744 and the without change, unless the comment FOR FURTHER INFORMATION CONTACT: For telephone number for the OPPT Docket, contains copyrighted material, CBI, or general information contact: Barbara which is located in EPA Docket Center, other information whose disclosure is Cunningham, Director, Environmental is (202) 566–0280. restricted by statute. When EPA Assistance Division (7408M), Office of 2. Electronic access. You may access identifies a comment containing Pollution Prevention and Toxics, this Federal Register document copyrighted material, EPA will provide Environmental Protection Agency, 1200 electronically through the EPA Internet a reference to that material in the Pennsylvania Ave., NW., Washington, under the ‘‘Federal Register’’ listings at version of the comment that is placed in DC 20460–0001; telephone number: http://www.epa.gov/fedrgstr/.You may EPA’s electronic public docket. The (202) 554–1404; e-mail address: TSCA- also access additional information about entire printed comment, including the [email protected]. the ITC at http://www.epa.gov/opptintr/ copyrighted material, will be available itc/ or through the web site for the in the public docket. For technical information contact: Dr. Office of Prevention, Pesticides and Public comments submitted on John D. Walker, ITC Director (7401), Toxic Substances (OPPTS) at http:// computer disks that are mailed or Environmental Protection Agency, 1200 www.epa.gov/opptsfrs/home/ delivered to the docket will be Pennsylvania Ave., NW., Washington, opptsim.htm/. transferred to EPA’s electronic public DC 20460–0001; telephone number: An electronic version of the public docket. Public comments that are (202) 564–7527; fax: (202) 564–7528; e- docket is available through EPA’s mailed or delivered to the docket will be mail address: [email protected]. electronic public docket and comment scanned and placed in EPA’s electronic SUPPLEMENTARY INFORMATION: system, EPA Dockets. You may use EPA public docket. Where practical, physical

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objects will be photographed, and the ii. E-mail. Comments may be sent by Information not marked as CBI will be photograph will be placed in EPA’s e-mail to [email protected], Attention: included in the public docket and EPA’s electronic public docket along with a Docket ID Number OPPT–2003–0026. In electronic public docket without prior brief description written by the docket contrast to EPA’s electronic public notice. If you have any questions about staff. docket, EPA’s e-mail system is not an CBI or the procedures for claiming CBI, ‘‘anonymous access’’ system. If you please consult the technical person C. How and to Whom Do I Submit send an e-mail comment directly to the listed under FOR FURTHER INFORMATION Comments? docket without going through EPA’s CONTACT. You may submit comments electronic public docket, EPA’s e-mail E. What Should I Consider as I Prepare electronically, by mail, or through hand system automatically captures your e- My Comments for EPA? delivery/courier. To ensure proper mail address. E-mail addresses that are receipt by EPA, identify the appropriate automatically captured by EPA’s e-mail We invite you to provide your views docket ID number in the subject line on system are included as part of the and comments on the ITC 52nd Report. the first page of your comment. Please comment that is placed in the official You may find the following suggestions ensure that your comments are public docket, and made available in helpful for preparing your comments: submitted within the specified comment EPA’s electronic public docket. 1. Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used. consider these late comments. If you identified in Unit I.C.2. These electronic 3. Provide copies of any technical wish to submit CBI or information that submissions will be accepted in information and/or data you used that is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid support your views. follow the instructions in Unit I.D. Do the use of special characters and any 4. Provide specific examples to not use EPA Dockets or e-mail to submit form of encryption. illustrate your concerns. 5. Make sure to submit your CBI or information protected by statute. 2. By mail. Send your comments to: Document Control Office (7407M), comments by the deadline in this 1. Electronically. If you submit an Office of Pollution Prevention and notice. electronic comment as prescribed in this Toxics (OPPT), Environmental 6. To ensure proper receipt by EPA, unit, EPA recommends that you include Protection Agency, 1200 Pennsylvania be sure to identify the docket ID number your name, mailing address, and an e- Ave., NW., Washington, DC 20460– assigned to this action in the subject mail address or other contact 0001. line on the first page of your response. information in the body of your 3. By hand delivery or courier. Deliver You may also provide the name, date, comment. Also include this contact your comments to: OPPT Document and Federal Register citation. information on the outside of any disk Control Office (DCO) in EPA East Bldg., II. Background or CD ROM you submit, and in any Rm. 6428, 1201 Constitution Ave., NW., cover letter accompanying the disk or Washington, DC. Attention: Docket ID The Toxic Substances Control Act CD ROM. This ensures that you can be Number–– OPPT–2003–0026. The DCO (TSCA) (15 U.S.C. 260l et seq.) identified as the submitter of the is open from 8 a.m. to 4 p.m., Monday authorizes the Administrator of the EPA comment and allows EPA to contact you through Friday, excluding legal to promulgate regulations under section in case EPA cannot read your comment holidays. The telephone number for the 4(a) requiring testing of chemicals and due to technical difficulties or needs DCO is (202) 564–8930. chemical mixtures in order to develop further information on the substance of data relevant to determining the risks your comment. EPA’s policy is that EPA D. How Should I Submit CBI to the that such chemicals and chemical will not edit your comment, and any Agency? mixtures may present to health or the identifying or contact information Do not submit information that you environment. Section 4(e) of TSCA provided in the body of a comment will consider to be CBI electronically established the ITC to recommend be included as part of the comment that through EPA’s electronic public docket chemicals and chemical mixtures to the is placed in the official public docket, or by e-mail. You may claim Administrator of the EPA for priority and made available in EPA’s electronic information that you submit to EPA as testing consideration. Section 4(e) of public docket. If EPA cannot read your CBI by marking any part or all of that TSCA directs the ITC to revise the TSCA comment due to technical difficulties information as CBI (if you submit CBI section 4(e) Priority Testing List at least and cannot contact you for clarification, on disk or CD ROM, mark the outside every 6 months. EPA may not be able to consider your of the disk or CD ROM as CBI and then A. The ITC’s 52nd Report comment. identify electronically within the disk or i. EPA Dockets. Your use of EPA’s CD ROM the specific information that is The 52nd ITC Report was transmitted electronic public docket to submit CBI). Information so marked will not be to the EPA’s Administrator on May 30, comments to EPA electronically is disclosed except in accordance with 2003, and is included in this notice. In EPA’s preferred method for receiving procedures set forth in 40 CFR part 2. the 52nd ITC Report, the ITC revises the comments. Go directly to EPA Dockets In addition to one complete version of VISION. at http://www.epa.gov/edocket, and the comment that includes any B. Status of the Priority Testing List follow the online instructions for information claimed as CBI, a copy of submitting comments. Once in the the comment that does not contain the The current TSCA 4(e) Priority system, select ‘‘search,’’ and then key in information claimed as CBI must be Testing List as of May 2003 can be found docket ID number OPPT–2003–0026. submitted for inclusion in the public in Table 1 of the 52nd ITC Report, which The system is an ‘‘anonymous access’’ docket and EPA’s electronic public is included in this notice. system, which means EPA will not docket. If you submit the copy that does know your identity, e-mail address, or not contain CBI on disk or CD ROM, List of Subjects other contact information unless you mark the outside of the disk or CD ROM Environmental protection, Chemicals, provide it in the body of your comment. clearly that it does not contain CBI. Hazardous substances.

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Dated: July 11, 2003. I. Background A. Chemicals Added to the Priority Testing Charles M. Auer, II. TSCA Section 8 Reporting List A. TSCA Section 8 Reporting Rules B. Chemicals Removed From the Priority Director, Office of Pollution Prevention and B. ITC’s Use of TSCA Section 8 and Other Testing List Toxics. Information V. References C. Previous and New Requests to Add VI. The TSCA Interagency Testing Committee Fifty-Second Report of the TSCA Chemicals to TSCA Section 8(a) PAIR Interagency Testing Committee to the Rules Administrator, U.S. Environmental D. Previous and New Requests to Add SUMMARY Chemicals to TSCA Section 8(d) HaSDR Protection Agency In this 52nd ITC Report, the ITC is not Rules revising the Priority Testing List. However, Table of Contents III. ITC’s Activities During this Reporting Period (November 2002 to May 2003): the ITC is revising the Voluntary Information Summary Voluntary Information Submissions Submissions Innovative Online Network (VISION). The TSCA Section 4(e) Priority Testing List Innovative Online Network (VISION) IV. Revisions to the TSCA Section 4(e) The TSCA section 4(e) Priority Testing List (May 2003) Priority Testing List is Table 1 of this unit.

TABLE 1.— THE TSCA SECTION 4(E) PRIORITY TESTING LIST (MAY 2003)

ITC Report Date Chemical name/Group Action

31 January 1993 13 Chemicals with insufficient dermal absorption rate data Designated

32 May 1993 16 Chemicals with insufficient dermal absorption rate data Designated

35 November 1994 4 Chemicals with insufficient dermal absorption rate data Designated

37 November 1995 2 Alkylphenols Recommended

41 November 1997 1 Alkylphenol Recommended

42 May 1998 3-Amino-5-mercapto-1,2,4-triazole Recommended

42 May 1998 Glycoluril Recommended

47 November 2000 9 Indium compounds Recommended

48 May 2001 Benzenamine, 3-chloro-2,6-dinitro- N,N-dipropyl-4- Recommended (trifluoromethyl)-

49 November 2001 Stannane, dimethylbis[(1-oxoneodecyl)oxy]- Recommended

50 May 2002 Benzene, 1,3,5-tribromo-2-(2-propenyloxy)- Recommended

50 May 2002 1-Triazene, 1,3-diphenyl- Recommended

51 November 2002 43 Vanadium compounds Recommended

I. Background the Priority Testing List with administrative numbers) added to the Priority Testing List to The ITC was established by section 4(e) of and technical support from the ITC Staff and submit unpublished health and safety studies the Toxic Substances Control Act (TSCA) ‘‘to ITC Members and their U.S. Government under TSCA section 8(d) that must be in make recommendations to the Administrator organizations and contract support provided compliance with the revised HaSDR rule. respecting the chemical substances and by EPA. ITC Members and Staff are listed at (Ref. 1) All submissions must be received by mixtures to which the Administrator should the end of this report. the EPA within 90 days of the reporting rules give priority consideration for the II. TSCA Section 8 Reporting Federal Register publication date. The promulgation of a rule for testing under reporting rules are automatically section 4(a).... At least every six months ..., A. TSCA Section 8 Reporting Rules promulgated by OPPT unless otherwise the Committee shall make such revisions to Following receipt of the ITC’s report (and requested by the ITC. the Priority Testing List as it determines to be the revised Priority Testing List) by the EPA B. ITC’s Use of TSCA Section 8 and Other necessary and transmit them to the Administrator, the EPA’s Office of Pollution Information Administrator together with the Committee’s Prevention and Toxics (OPPT) appends the reasons for the revisions’’ (Public Law 94– chemicals added to the Priority Testing List The ITC reviews the TSCA section 8(a) 469, 90 Stat. 2003 et seq., 15 U.S.C. 2601 et to TSCA section 8(a) Preliminary Assessment PAIR rule reports, TSCA section 8(d) HaSDR seq.). Since its creation in 1976, the ITC has Information Reporting (PAIR) and TSCA rule studies and other information that submitted 51 semi-annual (May and section 8(d) Health and Safety Data Reporting becomes available after the ITC adds November) reports to the EPA Administrator (HaSDR) rules. The PAIR rule requires chemicals to the Priority Testing List. Other transmitting the Priority Testing List and its producers and importers of Chemical information includes TSCA section 4(a) revisions. ITC reports are available from the Abstract Service (CAS)-numbered chemicals studies, TSCA section 8(c) submissions, ITC’s web site added to the Priority Testing List to submit TSCA section 8(e) ‘‘substantial risk’’ notices, (http://www.epa.gov/opptintr/itc) within a production and exposure reports (http:// ‘‘For Your Information’’ (FYI) submissions, few days of submission to the Administrator www.epa.gov/opptintr/chemtest/ unpublished data submitted to and from U.S. and from http://www.epa.gov/fedrgstr/ after pairform.pdf). The HaSDR rule requires Government organizations represented on the publication in the Federal Register. The ITC producers, importers, and processors of all ITC, published papers, as well as use, meets monthly and produces its revisions to chemicals (including those with no CAS exposure, effects, and persistence data that

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are voluntarily submitted to the ITC by For the 9 indium compounds remaining on procedures and considered industry manufacturers, importers, processors, and the Priority Testing List, the ITC requests that comments discussed in the 51st ITC Report. users of chemicals recommended by the ITC. the TSCA section 8(d) HaSDR rule require At this time, the ITC is revising the VISION The ITC reviews this information and the submission of pharmacokinetics, as outlined in this unit. The revised VISION determines if data needs should be revised, genotoxicity, subchronic and chronic will be accessible on the ITC web site if chemicals should be removed from the toxicity, reproductive effects and following submission of this 52nd ITC Report Priority Testing List or if recommendations developmental toxicity studies. Only studies to the EPA Administrator. should be changed to designations. To avoid where indium compounds are ≥ 90% of the 1. The ITC will continue to acknowledge duplicate reporting, the ITC carefully test substance by weight should be trade organizations and companies that coordinates its information solicitations and submitted. Indium tin oxide was voluntarily submit information in response to reporting requirements with other national inadvertently listed in the 51st ITC Report an ITC solicitation. During this reporting and international testing programs, e.g., the with CAS No. 17906–67–7. The correct CAS period, the ITC acknowledges the voluntary National Toxicology Program (NTP) (http:// number for indium tin oxide is 50926–11–9 submissions of information from the Color ntp-server.niehs.nih.gov/), the Organization as listed in the 47th ITC Report. Indium tin Pigments Manufacturers Association on for Economic Cooperation and Development oxide with CAS No. 50926–11–9 will be DEBITS chemicals and vanadium (OECD) Screening Information Data Set added to the TSCA section 8(d) HaSDR rule. compounds and from the Indium Corporation (SIDS) Program (http://www.oecd.org) and For benzenamine, 3-chloro-2,6-dinitro- of America on indium compounds as EPA’s High Production Volume (HPV) N,N-dipropyl-4- (trifluoromethyl)-, the ITC requested in previous ITC reports. Challenge Program (http://www.epa.gov/ requests that the TSCA section 8(d) HaSDR 2. The ITC has requested that the EPA opptintr/chemrtk/volchall.htm). rule require the submission of include ITC’s solicitations for voluntary biodegradation, bioconcentration, information submissions in the summary and C. Previous and New Requests to Add pharmacokinetics, subchronic toxicity, body of the preambles that are prepared for Chemicals to TSCA Section 8(a) PAIR Rules mutagenicity, reproductive effects and publication of the ITC’s reports in the The following chemicals will be added to developmental toxicity, carcinogenicity, and Federal Register. This change should allow a TSCA section 8(a) PAIR rule: Benzenamine, ecological effects studies. Only studies where companies to readily determine if the ITC is 3-chloro-2,6-dinitro-N,N-dipropyl-4- benzenamine, 3-chloro-2,6-dinitro-N,N- soliciting voluntary information for (trifluoromethyl)- (CAS No. 29091–20–1) dipropyl-4- (trifluoromethyl)- is ≥ 90% of the chemicals they produce or import. (Ref. 2); stannane, dimethylbis[(1- test substance by weight should be 3. The ITC will notify major chemical trade oxoneodecyl)oxy]- (CAS No. 68928–76–7), submitted. associations by e-mail that new ITC reports benzene, 1,3,5-tribromo-2-(2-propenyloxy)- For stannane, dimethylbis[(1- have been posted to the ITC’s web site (http:/ (CAS No. 3278–89–5) and 1-triazene, 1,3- oxoneodecyl)oxy]-, the ITC requests that the /www.epa.gov/opptintr/itc/). The e-mails will diphenyl- (CAS No.136-35-6) (Ref. 3); and 43 TSCA section 8(d) HaSDR rule require the include a summary of the report and vanadium compounds (Ref. 4). At this time, submission of hydrolysis, biodegradation, announcements of new information there are no new requests to add chemicals bioconcentration, pharmacokinetics, solicitations. This change should increase to the TSCA section 8(a) PAIR rule. subchronic toxicity, mutagenicity, awareness of the ITC information neurotoxicity, reproductive effects and solicitations and encourage voluntary D. Previous and New Requests to Add developmental toxicity, carcinogenicity, and submission of data. Chemicals to TSCA Section 8(d) HaSDR ecological effects studies. Only studies where 4. The voluntary information submissions Rules stannane, dimethylbis[(1-oxoneodecyl)oxy]- should be submitted within 90 days of the The ITC has requested in previous reports is ≥ 90% of the test substance by weight date the ITC report is published in the to the EPA Adminstrator that the following should be submitted. Federal Register. Failure to voluntarily chemicals be added to TSCA section 8(d) For benzene, 1,3,5-tribromo-2-(2- submit information in a timely manner may HaSDR rules: H-1,2,4-triazole-3-thione, 5- propenyloxy)-, the ITC requests that the lead ITC to request that the EPA promulgate amino-1,2-dihydro- (3-amino-5-mercapto- TSCA section 8(d) HaSDR rule require the the appropriate TSCA section 8(a) and 8(d) 1,2,4-triazole) (CAS No. 16691–43–3) and submission of biodegradation, reporting rules in a subsequent report to the imidazol[4,5-d]imidazole-2,5(1H,3H)-dione, bioconcentration, pharmacokinetics, EPA Administrator. tetrahydro- (glycoluril) (CAS No. 496–46–8) subchronic toxicity, neurotoxicity, 5. The ITC will accept hard copy or (Ref. 5); 9 indium compounds (Ref. 6); reproductive effects and developmental electronic voluntary information benzenamine, 3-chloro-2,6-dinitro-N,N- toxicity, carcinogenicity, and ecological submissions. All submissions should be dipropyl-4-(trifluoromethyl)- (CAS No. effects studies. Only studies where benzene, titled as ITC-FYI and should bear the 29091–20–1) (Ref. 2); and stannane, 1,3,5-tribromo-2-(2-propenyloxy)- is ≥ 90% of document control number or document ID dimethylbis[(1-oxoneodecyl)oxy]- (CAS No. the test substance by weight should be number of the ITC report for which the 68928–76–7), benzene, 1,3,5-tribromo-2-(2- submitted. submission is being provided, e.g., the docket propenyloxy)- (CAS No. 3278–89–5) and 1- For 1-triazene, 1,3-diphenyl-, the ITC ID number for the 50th ITC Report is OPPT- triazene, 1,3-diphenyl- (CAS No.136–35–6) requests that the TSCA section 8(d) HaSDR 2002-0026. Confidential Business (Ref. 3). At this time, the ITC is requesting rule require the submission of Information (CBI) must be submitted as hard that the EPA not add vanadium compounds pharmacokinetics, genotoxicity, subchronic copies. Both sanitized (no CBI) and to the TSCA section 8(d) HaSDR rule to allow and chronic toxicity, reproductive effects and unsanitized (CBI) versions must be provided. producers and importers of vanadium developmental toxicity studies. Only studies 6. Information submitted voluntarily will compounds an opportunity to voluntarily where 1-triazene, 1,3-diphenyl- is ≥ 90% of not have to be re-submitted under a TSCA provide the information requested in section the test substance by weight should be section 8(d) rule. IV.A.3. of the 51st ITC Report (Ref. 4). submitted. 7. Voluntary information may be submitted For 3H-1,2,4-triazole-3-thione, 5-amino- At this time, there are no new requests to by mail, in person or by courier, or 1,2-dihydro- (3-amino-5-mercapto-1,2,4- add chemicals to the TSCA Section 8(a) electronically. triazole) and imidazo[4,5-d]imidazole-2,5- HaSDR Rule. a. By mail. Document Control Office (1H,3H)-dione, tetrahydro- (glycoluril), the (7407), Office of Pollution Prevention and ITC requests that the TSCA section 8(d) III. ITC’s Activities During this Reporting Toxics (OPPT), Environmental Protection HaSDR rule require the submission of Period (November 2002 to May 2003): Agency, 1200 Pennsylvania Ave., NW., pharmacokinetics, subchronic toxicity, Voluntary Information Submissions Washington, DC 20460–0001. immunotoxicity, genotoxicity, Innovative Online Network (VISION) b. In person or by courier. OPPT Document carcinogenicity, reproductive effects and In its 51st ITC Report, the ITC announced Control Office (DCO) in EPA East Bldg., Rm. developmental toxicity, and ecological effects that it would consider revising its voluntary 6428, 1201 Constitution Ave., NW., studies. Only studies for which 3-amino-5- information submission procedures to Washington, DC. The DCO is open from 8 mercapto-1,2,4-triazole or glycoluril is ≥ 90% encourage greater and more efficient use of a.m. to 4 p.m., Monday through Friday, of the test substance by weight should be its VISION. The ITC has reviewed its excluding legal holidays. The telephone submitted. voluntary information submission number for the DCO is (202) 564–8930.

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c. Electronically. By e-mail to: 4. ITC. 2003. Fifty-First Report of the ITC. Val H. Schaeffer, Member [email protected], or mail your computer Federal Register (68 FR 8976, February 26, Lyn Penniman, Alternate disk to the address identified above. Do not 2003) (FRL–7285–7). Available online at: submit any information electronically that http://www.epa.gov/fedrgstr/. Liaison Organizations and Their you consider to be CBI. Electronic voluntary 5. ITC. 1998. Forty-Second Report of the Representatives information submissions may be submitted ITC. Federal Register (63 FR 42554, August Agency for Toxic Substances and Disease as Microsoft Word, WordPerfect, Excel, 7, 1998) (FRL–5797–8). Available online at: Registry Integrated Scientific Information System http://www.epa.gov/fedrgstr/. William Cibulas, Member (ISIS) Base, or pdf (portable document 6. ITC. 2001. Forty-Seven Report of the Daphne Moffett, Alternate format) files. ITC. Federal Register (66 FR 17768, April 3, 8. To assure rapid review, copies of all CBI 2001) (FRL–6763–6). Available online at: Consumer Product Safety Commission and non-CBI voluntary information http://www.epa.gov/fedrgstr/. Treye Thomas, Member submissions should also be sent to: John D. Jacqueline Ferrante, Alternate Walker, ITC Director, Office Pollution VI. The TSCA Interagency Testing Prevention Toxic (7401), Environmental Committee Department of Agriculture Protection Agency, 1200 Pennsylvania Ave., Statutory Organizations and Their Clifford P. Rice, Member NW., Washington, DC 20460–0001; e-mail: Representatives Laura L. McConnell, Alternate [email protected]. The ITC is continuing to discuss changes Council on Environmental Quality Department of Defense to the Electronic Health and Safety Data Vacant Barbara Larcom, Member Reporting Form with the EPA along with Warren Jederberg, Alternate Department of Commerce other ways to improve electronic reporting of Jose´ Centeno, Alternate health and safety studies. To supplement the National Institute of Standards and efforts to obtain studies in electronic format Technology Department of the Interior through VISION, the ITC Staff will continue Robert Huie, Member Barnett A. Rattner, Member to contact the producers and importers of Barbara C. Levin, Alternate ITC-recommended chemicals to obtain Food and Drug Administration voluntary information submissions. National Oceanographic and David Hatten, Member Atmospheric Administration Kirk Arvidson, Alternate IV. Revisions to the TSCA Section 4(e) Thomas P. O’Connor, Member, Vice Ronald F. Chanderbhan, Alternate Priority Testing List Chair National Library of Medicine A. Chemicals Added to the Priority Testing Teri Rowles, Alternate Vera W. Hudson, Member List Environmental Protection Agency At this time the ITC is not adding any Gerry Brown, Member National Toxicology Program chemicals to the Priority Testing List. Paul Campanella, Alternate NIEHS, FDA, and NIOSH Members B. Chemicals Removed From the Priority National Cancer Institute Technical Support Contractor Testing List Alan Poland, Member Syracuse Research Corporation At this time the ITC is not removing any David Longfellow, Alternate chemicals from the Priority Testing List. ITC Staff National Institute of Environmental Health John D. Walker, Director V. References Sciences Norma S. L. Williams, Executive 1. EPA. 1998. Revisions to Reporting Scott Masten, Member Assistant Regulations Under TSCA Section 8(d) (63 FR William Eastin, Alternate 15765, April 1, 1998) (FRL–5750–4). TSCA Interagency Testing Committee, Office National Institute for Occupational Safety Available online at: http://www.epa.gov/ of Pollution Prevention and Toxics (7401), and Health fedrgstr/. Environmental Protection Agency, 1200 Mark Toraason, Member, Chair 2. ITC. 2001. Forty-Eighth Report of the Pennsylvania Ave., NW., Washington, DC Dennis W. Lynch, Alternate ITC. Federal Register (66 FR 51276, October 20460–0001; telephone number: (202) 564– 5, 2001) (FRL–6786–7). Available online at: National Science Foundation 7527; fax number: (202) 564–7528; e-mail http://www.epa.gov/fedrgstr/. Marge Cavanaugh, Member address: [email protected]; url: 3. ITC. 2002. Fiftieth Report of the ITC. Parag R. Chitnis, Alternate http://www.epa.gov/opptintr/itc. Federal Register (67 FR 49530, July 30, 2002) (FRL–7183–7). Available online at: http:// Occupational Safety and Health [FR Doc. 03–18615 Filed 7–22–03; 8:45 am] www.epa.gov/fedrgstr/. Administration BILLING CODE 6560–50–S

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Reader Aids Federal Register Vol. 68, No. 141 Wednesday, July 23, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 72...... 42570 Presidential Documents 3 CFR 95...... 41221 Proclamations: Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 7688...... 39793 Ch. II ...... 40553 7689...... 39795 Other Services Ch. III ...... 40553 7690...... 40115 Ch. X...... 40553 Electronic and on-line services (voice) 741–6020 7691...... 43455 2...... 40026 741–6064 Privacy Act Compilation Administrative Orders: 20...... 40026 Public Laws Update Service (numbers, dates, etc.) 741–6043 Presidential 21...... 40026 TTY for the deaf-and-hard-of-hearing 741–6086 Determinations: 34...... 41757 No. 2003–27 of June 50...... 40026, 41963 ELECTRONIC RESEARCH 30, 2003 ...... 41219 51...... 40026 52...... 40026 4 CFR World Wide Web 72...... 40026, 42646 Full text of the daily Federal Register, CFR and other publications Proposed Rules: 73...... 40026 27...... 41742 is located at: http://www.access.gpo.gov/nara 140...... 40026 28...... 41742 170...... 40026 Federal Register information and research tools, including Public 29...... 41742 Inspection List, indexes, and links to GPO Access are located at: 12 CFR http://www.archives.gov/federallregister/ 5 CFR 201...... 41054 E-mail 2600...... 41681 225...... 39807, 41901 910...... 39810 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 6 CFR 913...... 39810 an open e-mail service that provides subscribers with a digital Proposed Rules: Proposed Rules: form of the Federal Register Table of Contents. The digital form 25...... 41420 Ch. 7 ...... 39863 of the Federal Register Table of Contents includes HTML and 701...... 39866 7 CFR PDF links to the full text of each document. 745...... 39868 To join or leave, go to http://listserv.access.gpo.gov and select 54...... 39805 900...... 39027 Online mailing list archives, FEDREGTOC-L, Join or leave the list 278...... 41051 932...... 39027 (or change settings); then follow the instructions. 279...... 41051 955...... 39027 301...... 43285, 43286 PENS (Public Law Electronic Notification Service) is an e-mail 400...... 43457 13 CFR service that notifies subscribers of recently enacted laws. 407...... 43457 121...... 39448 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 457...... 43457 Proposed Rules: and select Join or leave the list (or change settings); then follow 652...... 40751 120...... 40553 the instructions. 718...... 39447 121...... 40820 FEDREGTOC-L and PENS are mailing lists only. We cannot 925...... 41683 respond to specific inquiries. 948...... 40117 14 CFR 989...... 41686, 42943 23...... 40757 Reference questions. Send questions and comments about the 993...... 40754 25...... 40478, 43287 Federal Register system to: [email protected] 1405...... 39447 39 ...... 39449, 39815, 40478, The Federal Register staff cannot interpret specific documents or 1487...... 42563 40481, 40483, 40484, 40487, regulations. Proposed Rules: 40759, 41055, 41056, 41059, 301...... 40534 41063, 41210, 41519, 41521, FEDERAL REGISTER PAGES AND DATE, JULY 373...... 40541 41861, 41901, 41903, 41906, 868...... 42644 42241, 42242, 42244, 42573, 39005–39446...... 1 948...... 43031 42577, 42578, 42580, 42581, 39447–39804...... 2 958...... 40815 42583, 42948, 42950, 42952, 39805–40114...... 3 1150...... 39861 42954, 42956, 42957, 42958, 40115–40468...... 7 1580...... 39478 43260 40469–40750...... 8 2903...... 41751 71 ...... 40761, 40762, 40763, 40751–41050...... 9 3015...... 41947 40764, 40765, 41691, 41692, 41041–41218...... 10 3019...... 41947 41693, 41694, 41695, 41696, 41219–41518...... 11 3020...... 41947 42246, 42962, 43292, 43293, 43477 41519–41680...... 14 9 CFR 73...... 42963 41681–41900...... 15 53...... 42565 91...... 41212 41901–42240...... 16 Proposed Rules: 93...... 41212 42241–42562...... 17 60...... 40541 97...... 41523, 41525 42563–42942...... 18 130...... 40817 119...... 41214 42943–43284...... 21 121 ...... 41214, 42874, 42832 43285–43454...... 22 10 CFR 125...... 42832 43455–43612...... 23 50...... 40469 129...... 42874

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135...... 41214, 42832 510...... 41065, 42250 1926...... 39877, 39880 147...... 40229 382...... 40488 520 ...... 41065, 42967, 42968, 165 ...... 40231, 40859, 41091, 30 CFR Proposed Rules: 43293 41764, 41982, 41984 23...... 42315 522 ...... 42250, 42589, 42968 75...... 40132 36 CFR 39 ...... 39483, 39485, 39870, 524...... 42250, 42969 250 ...... 41077, 41861, 43295 40573, 40821, 40823, 40827, 556...... 42589 913...... 40138 Proposed Rules: 40829, 40831, 40834, 41760, 558...... 41066, 42589 917 ...... 41911, 42266, 42274 7...... 43068 41762, 41967, 41968, 41970, 862...... 40125 920...... 42277 219...... 41864 41972, 41973, 41977, 42317, 1300...... 41222 934...... 40142 294...... 41864, 41865 42647, 43033, 43040, 43042, 1301...... 41222 938...... 40147 37 CFR 43045 1304...... 41222 943...... 40154 71 ...... 39238, 42322, 43340 1305...... 41222 948...... 40157 1...... 41532 119...... 40206 1307...... 41222 Proposed Rules: 260...... 39837 121...... 40206 70...... 39881 Proposed Rules: 38 CFR 125...... 42323 101...... 41507 75...... 39881 135...... 40206, 42323 131...... 39873 90...... 39881 3...... 42602 145...... 40206 348...... 42324 250...... 40585, 41090 21...... 42977 1301...... 40576 254...... 40585 15 CFR 917...... 41980 39 CFR 30...... 42534 22 CFR 934...... 40225 111...... 40774 50...... 42585 935...... 43063 41...... 40127 40 CFR 80...... 42585 Proposed Rules: 946...... 40227 922...... 39005 51...... 39842 303...... 39490 31 CFR Proposed Rules: 52 ...... 39457, 40520, 40528, 930...... 40207 24 CFR 50...... 41250 40782, 40786, 40789, 41083, 348...... 41266 42172, 42978, 42981, 43312, Proposed Rules: 16 CFR 43316, 43462 1000...... 42651 Proposed Rules: 62...... 40531 Proposed Rules: 3282...... 42327 103...... 39039 460...... 41872 63...... 42603 32 CFR 25 CFR 70...... 40528 17 CFR 9...... 39374 80...... 39018 Proposed Rules: 4...... 42964 10...... 39379 81...... 40789, 43316 Ch. I...... 39038, 42651 30...... 39006, 40498 11...... 39381 82...... 41925, 42884 275...... 42247 26 CFR 12...... 39387 131...... 40428 279...... 42247 13...... 39389 136...... 43272 1 ...... 39011, 39012, 39452, Proposed Rules: 14...... 39391 180 ...... 39428, 39435, 39460, 39453, 40129, 40130, 40510, 1...... 40835 15...... 39394 39462, 39846, 40178, 40791, 40766, 41067, 41230, 41417, 16...... 39395 40803, 41271, 41535, 41927, 18 CFR 41906, 42251, 42254, 42590, 17...... 39397 43465 101...... 40500 42970 199...... 43299 271...... 42605, 43326 141...... 40500 20...... 40130, 42593 701...... 43461 300...... 41273 25...... 40130, 42593 201...... 40500 Proposed Rules: 301...... 40768, 41073 33 CFR 260...... 40500 19...... 39882 602 ...... 39012, 41067, 41230, 352...... 40500 2...... 42595 27...... 39882 41906, 42254 357...... 40500 26 ...... 39353, 41913, 42595 51...... 39888 Proposed Rules: Proposed Rules: 62...... 42595 52 ...... 39041, 39506, 40233, 141...... 40340 1 ...... 39498, 40218, 40224, 64...... 42595 40617, 40861, 40864, 40865, 260...... 40340 40579, 40581, 40583, 40848, 95...... 42595 41987, 42174, 42653, 42657, 284...... 40207 41087, 42476, 42652, 43047, 100 ...... 40167, 42282, 42595 43069, 43341, 43481 357...... 40340 43055, 43058, 43059 101...... 39240, 41914 62...... 40618 375...... 40340 31...... 42329 102...... 39240, 41914 70...... 40617, 40871 301 ...... 39498, 40849, 40850, 103...... 39284, 41914 81...... 42657, 43341 19 CFR 40857, 41089, 41090 104...... 39292, 41915 136...... 41988 105...... 39315, 41916 101...... 42586, 42587 27 CFR 180...... 41989 122...... 42587 106...... 39338, 41916 271...... 42662 Proposed Rule: 4...... 39454 110...... 42285 4...... 43574 9...... 39833 117 ...... 41716, 41917, 41918, 41 CFR 101...... 42650 40...... 43294 41920, 42282, 43303, 43305, Proposed Rules: 103...... 43574 275...... 43294 43306 105-55...... 42170 113...... 43574 Proposed Rules: 120...... 42595 105-56...... 41093 122...... 43574 4...... 39500 160...... 39292, 41915 105-550...... 41274 123...... 43574 24...... 39500 161...... 39353, 41913 105-570...... 41290 192...... 43574 164...... 39353, 41913 301–50...... 40618 28 CFR 165 ...... 39013, 39015, 39017, 20 CFR 2...... 41527, 41696 39292, 39353, 39455, 40024, 42 CFR 218...... 39009 40168, 40169, 40170, 40173, 412...... 41860 220...... 39009 29 CFR 40174, 40176, 40770, 40772, 225...... 39009 102...... 39836 41078, 41081, 41268, 41269, 43 CFR 404...... 40119 1952...... 43457 41531, 41716, 41719, 41721, 10...... 39853 416...... 40119 1956...... 43457 41722, 41913, 41915, 41920, 44 CFR Proposed Rules: 4022...... 41714 41922, 42282, 42285, 42287, 404...... 40213 4044...... 41714 42289, 42595, 43308, 43309 64...... 39019 416...... 40213 Proposed Rules: Proposed Rules: 65...... 39021 35...... 41512 100...... 40615 67...... 39023 21 CFR 1625...... 41542 110...... 39503 Proposed Rules: 101...... 39831, 41434 1627...... 41542 117...... 42331, 43066 67 ...... 39042, 39044, 39046

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46 CFR 64 ...... 40184, 41942, 43010 552...... 41286 21...... 43010 2...... 39292, 41915 69...... 43327 1801...... 43333 92...... 43010 7...... 42595 73 ...... 38643, 40185, 40186, 1811...... 43333 223...... 41942 28...... 42595 40187, 41284, 41724, 42608, 1823...... 43333 229...... 41725 31...... 39292, 41915 42609, 42984, 43329 1851...... 43333 300...... 39024 71...... 39292, 41915 74...... 41284 1852...... 43333 600...... 42613 91...... 39292, 41915 80...... 42984 Proposed Rules: 648...... 40808, 41945 115...... 39292, 41915 90...... 42296, 42984 15...... 40466 660 ...... 40187, 41085, 42643, 126...... 39292, 41915 95...... 42984 30...... 40104 43473 176...... 39292, 41915 101...... 42610, 42984 31...... 40466 679 ...... 40811, 40812, 41085, 401...... 43470 Proposed Rules: 52...... 40104 41086, 41946, 43030, 43479, 530...... 43326 1...... 40876 43480 52...... 43070 49 CFR Proposed Rules: 47 CFR 54...... 41996, 42333 71...... 43334, 43336 16...... 43482 0...... 39471 73 ...... 40237, 42662, 42663, 541...... 39471 1...... 42984 42664, 42665, 42666 575...... 43339 17 ...... 39507, 39892, 42666 21...... 42984, 43002 90...... 42337 Proposed Rules: 20...... 42546 22...... 42290, 42984 192...... 41768 229...... 40888 24...... 42984 48 CFR 390...... 42339 600 ...... 40892, 42360, 42668, 27...... 42984 Ch. 10...... 39854, 42717 391...... 42339 42669, 42670, 43072 32...... 38641 207...... 43331 635...... 41103, 41769 52...... 43003, 43009 217...... 43332 50 CFR 648...... 41535, 42671 54 ...... 38642, 39471, 41936, 501...... 41286 17...... 39624, 40076 679...... 43342, 43483 43472 538...... 41286 20...... 43010 697 ...... 39048, 42360, 43074

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REMINDERS Aerospatiale; published 6- Horseshoe crabs; 03; published 6-2-03 The items in this list were 18-03; comments due by comments due by 8-1- [FR 03-13240] editorially compiled as an aid 12-30-99; published 6-18- 03; published 7-17-03 ENVIRONMENTAL to Federal Register users. 03 [FR 03-15220] [FR 03-18104] PROTECTION AGENCY Inclusion or exclusion from BAE Systems (Operations) Weakfish; comments due Air quality implementation this list has no legal Ltd.; published 6-18-03; by 7-31-03; published plans; approval and significance. comments due by 12-30- 7-1-03 [FR 03-16573] promulgation; various 99; published 6-18-03 [FR West Coast States and States: 03-15221] RULES GOING INTO Western Pacific Colorado; comments due by Empresa Brasileira de fisheries— EFFECT JULY 23, 2003 7-30-03; published 6-30- Aeronautica, S. A. Coastal pelagic species; 03 [FR 03-16026] (EMBRAER); published 6- AGRICULTURE comments due by 7-28- ENVIRONMENTAL 18-03; comments due by 03; published 6-26-03 PROTECTION AGENCY DEPARTMENT 12-30-99; published 6-18- [FR 03-16084] Air quality implementation Agricultural Marketing 03 [FR 03-15222] Pacific Coast groundfish; plans; approval and Service General Electric Co.; Cherries (sweet) grown in— comments due by 7-28- promulgation; various published 6-18-03; 03; published 6-13-03 States: Washington; published 6-23- comments due by 12-30- [FR 03-15030] Colorado; comments due by 03; comments due by 12- 99; published 6-18-03 [FR 7-30-03; published 6-30- 30-99; published 6-23-03 03-15223] COMMERCE DEPARTMENT [FR 03-15739] National Oceanic and 03 [FR 03-16027] Onions grown in— Atmospheric Administration New Hampshire; comments COMMENTS DUE NEXT due by 7-28-03; published Texas; published 6-23-03; Fishery conservation and WEEK 6-26-03 [FR 03-16238] comments due by 12-30- management: 99; published 6-23-03 [FR ENVIRONMENTAL West Coast States and 03-15738] AGRICULTURE PROTECTION AGENCY DEPARTMENT Western Pacific ENVIRONMENTAL fisheries— Air quality implementation PROTECTION AGENCY Agricultural Marketing plans; approval and Pesticides; tolerances in food, Service Pacific Coast groundfish; promulgation; various animal feeds, and raw Egg, poultry, and rabbit comments due by 7-31- States: 03; published 7-7-03 agricultural commodities: products; inspection and North Carolina; comments [FR 03-17058] Thiophanate methyl; grading: due by 7-30-03; published published 7-23-03; Fees and charges increase; COMMODITY FUTURES 6-30-03 [FR 03-00172] TRADING COMMISSION comments due by 9-22- comments due by 7-28- ENVIRONMENTAL 03; published 7-23-03 [FR 03; published 6-26-03 [FR Commodity Exchange Act: PROTECTION AGENCY 03-18499] 03-16166] Customer funds investment; Air quality implementation INTERIOR DEPARTMENT AGRICULTURE comments due by 7-30- plans; approval and Fish and Wildlife Service DEPARTMENT 03; published 6-30-03 [FR promulgation; various Endangered and threatened Animal and Plant Health 03-16473] States: species: Inspection Service DEFENSE DEPARTMENT North Carolina; comments Critical habitat Exportation and importationof Federal Acquisition Regulation due by 7-30-03; published designations— animals and animal (FAR): 6-30-03 [FR 03-00173] Preble’s meadow jumping byproducts: Part 27 Rewrite in Plain ENVIRONMENTAL mouse; published 6-23- Bovine spongiform Language; comments due PROTECTION AGENCY 03; comments due by encephalopathy; disease by 7-28-03; published 5- Air quality implementation 12-30-99; published 6- status change— 28-03 [FR 03-12891] plans; approval and 23-03 [FR 03-14490] Canada; comments due DEFENSE DEPARTMENT promulgation; various LABOR DEPARTMENT by 7-28-03; published States: Mine Safety and Health Engineers Corps 5-29-03 [FR 03-13440] Pennsylvania; comments Administration AGRICULTURE Danger zones and restricted due by 7-28-03; published Coal mine safety and health: DEPARTMENT areas: 6-26-03 [FR 03-16024] Surface and underground Rural Housing Service San Francisco, CA; Yerba mines— ENVIRONMENTAL Multi-family housing programs: Buena Island; comments PROTECTION AGENCY Sanitary toilets; standards; Direct multi-family housing due by 7-28-03; published published 6-23-03; Air quality implementation loans and grants; 6-26-03 [FR 03-16016] comments due by 12- plans; approval and comments due by 8-1-03; 30-99; published 6-23- ENVIRONMENTAL promulgation; various published 6-2-03 [FR 03- 03 [FR 03-15813] PROTECTION AGENCY States: 12761] LABOR DEPARTMENT Air programs: Pennsylvania; comments AGRICULTURE Occupational Safety and Transportation conformity; due by 7-28-03; published DEPARTMENT Health Administration rule amendments in 6-26-03 [FR 03-16025] State plans: Federal claims collection: response to court ENVIRONMENTAL Virgin Islands; conversion Debt management; decision; comments due PROTECTION AGENCY and approval of plan for comments due by 7-29- by 7-30-03; published 6- Air quality implementation public employees only; 03; published 5-30-03 [FR 30-03 [FR 03-15253] plans; approval and published 7-23-03; 03-13245] Air quality implementation promulgation; various comments due by 12-30- COMMERCE DEPARTMENT plans: States: 99; published 7-23-03 [FR National Oceanic and Preparation, adoption, and Texas; comments due by 8- 03-18719] Atmospheric Administration submittal— 1-03; published 7-2-03 TRANSPORTATION Fishery conservation and 8-hour ozone national [FR 03-16579] DEPARTMENT management: ambient air quality ENVIRONMENTAL Federal Aviation Atlantic coastal fisheries standard; PROTECTION AGENCY Administration cooperative implementation; Air quality implementation Airworthiness directives: management— comments due by 8-1- plans; approval and

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promulgation; various Area maritime security; LABOR DEPARTMENT Boeing; comments due by States: comments due by 7-31- Occupational Safety and 7-28-03; published 7-2-03 Texas; comments due by 8- 03; published 7-1-03 [FR Health Administration [FR 03-16693] 1-03; published 7-2-03 03-16187] Occcupational safety and McDonnell Douglas; [FR 03-16580] Automatic Identification health standards: comments due by 7-28- ENVIRONMENTAL System; vessel carriage Walking and working 03; published 6-11-03 [FR PROTECTION AGENCY requirements; comments surfaces; personal 03-14673] Air quality implementation due by 7-31-03; published protective equipment (fall Rolls-Royce Deutschland plans; approval and 7-1-03 [FR 03-16191] protection systems); Ltd. & Co. KG; comments promulgation; various Facility security; comments comments due by 7-31- due by 7-28-03; published States: due by 7-31-03; published 03; published 5-2-03 [FR 5-28-03 [FR 03-13221] 03-10617] Virginia; comments due by 7-1-03 [FR 03-16189] Univair Aircraft Corp.; 7-28-03; published 6-27- General provisions; LABOR DEPARTMENT comments due by 7-28- 03 [FR 03-16233] comments due by 7-31- Occupational Safety and 03; published 5-30-03 [FR 03; published 7-1-03 [FR Health Administration ENVIRONMENTAL 03-13511] 03-16186] PROTECTION AGENCY Sarbanes-Oxley Act of 2002; Airworthiness standards: Outer Continental Shelf implementation: Air quality implementation Special conditions— facility security; comments Corporate and Criminal plans; approval and Boeing Model 777 series due by 7-31-03; published Fraud Accountability Act; promulgation; various airplanes; comments 7-1-03 [FR 03-16190] discrimination complaints; States: due by 7-28-03; Vessels; security measures; handling procedures; Virginia; comments due by published 6-13-03 [FR comments due by 7-31- comments due by 7-28- 7-28-03; published 6-27- 03-14992] 03; published 7-1-03 [FR 03; published 5-28-03 [FR 03 [FR 03-16234] 03-16188] 03-13082] Boeing Model 777 series FARM CREDIT NATIONAL AERONAUTICS airplanes; correction; HOMELAND SECURITY comments due by 7-28- ADMINISTRATION DEPARTMENT AND SPACE Farm credit system: ADMINISTRATION 03; published 6-23-03 Coast Guard [FR C3-14992] Farmers, ranchers, and Federal Acquisition Regulation Ports and waterways safety, Class D, E2, and E5 airspace; aquatic producers or and uninspected vessels: (FAR): harvesters; eligibility and Part 27 Rewrite in Plain comments due by 7-30-03; scope of financing; Towing vessels; fire published 6-30-03 [FR 03- suppression systems and Language; comments due comments due by 7-31- by 7-28-03; published 5- 16465] 03; published 5-2-03 [FR voyage planning; Class E airspace; comments comments due by 7-28- 28-03 [FR 03-12891] 03-10898] NUCLEAR REGULATORY due by 7-30-03; published 03; published 4-29-03 [FR 6-30-03 [FR 03-16463] FEDERAL 03-10421] COMMISSION COMMUNICATIONS TRANSPORTATION INTERIOR DEPARTMENT Production and utilization COMMISSION facilities; domestic licensing: DEPARTMENT Fish and Wildlife Service Radio stations; table of Risk-informed categorization Federal Aviation assignments: Migratory bird hunting: and treatment of Administration Arizona; comments due by Alaska; spring/summer structures, systems, and Class E airspace; comments 7-28-03; published 6-19- migratory bird subsistence components for nuclear due by 7-31-03; published 03 [FR 03-15497] harvest; comments due by power reactors; comments 6-20-03 [FR 03-15682] 7-30-03; published 6-23- due by 7-30-03; published Kentucky and Tennessee; TRANSPORTATION 03 [FR 03-15659] 5-16-03 [FR 03-11696] comments due by 7-28- DEPARTMENT 03; published 6-19-03 [FR Seasons, limits, and PEACE CORPS National Highway Traffic 03-15496] shooting hours; Freedom of Information Act; Safety Administration establishment, etc.; implementation; comments GENERAL SERVICES comments due by 7-30- Motor vehicle safety ADMINISTRATION due by 8-1-03; published 7- 03; published 7-17-03 [FR 2-03 [FR 03-16523] standards: Federal Acquisition Regulation 03-18096] Defect and noncompliance— (FAR): PERSONNEL MANAGEMENT INTERIOR DEPARTMENT Early warning and Part 27 Rewrite in Plain OFFICE Surface Mining Reclamation customer satisfaction Language; comments due Preference eligibles claims and Enforcement Office campaign by 7-28-03; published 5- submission; representative documentation; reporting 28-03 [FR 03-12891] Permanent program and recognition; removal of abandoned mine land requirements; comments Federal travel: regulations; comments due reclamation plan by 7-28-03; published 5-27- due by 7-28-03; eTravel Service; comments submissions: 03 [FR 03-13137] published 6-11-03 [FR due by 7-30-03; published Kentucky; comments due by 03-14702] 6-30-03 [FR 03-16454] SMALL BUSINESS 7-28-03; published 6-27- ADMINISTRATION Early warning and HOMELAND SECURITY 03 [FR 03-16354] Small business size standards: customer satisfaction DEPARTMENT campaign Pennsylvania; comments Nonmanufacturer rule; documentation; reporting Customs and Border due by 7-28-03; published waivers— Protection Bureau 6-26-03 [FR 03-16101] requirements; comments Small arms ammunition due by 7-28-03; Customs brokers: LABOR DEPARTMENT manufacturing; Individual license published 6-11-03 [FR Employee Benefits Security termination; comments 03-14703] examination dates; Administration due by 7-31-03; TREASURY DEPARTMENT comments due by 7-28- Group health plans; access, published 7-9-03 [FR 03; published 5-29-03 [FR portability, and renewability 03-17322] Foreign Assets Control 03-13455] requirements: TRANSPORTATION Office HOMELAND SECURITY Health care continuation DEPARTMENT Iraqi sanctions regulations: DEPARTMENT coverage; comments due Federal Aviation Non-commercial funds Coast Guard by 7-28-03; published 5- Administration transfers and related Maritime security: 28-03 [FR 03-13057] Airworthiness directives: transactions, activities by

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U.S. government and Superintendent of Documents, contractors or grantees, U.S. Government Printing etc.; authorizations; LIST OF PUBLIC LAWS Office, Washington, DC 20402 Public Laws Electronic comments due by 7-28- (phone, 202–512–1808). The Notification Service This is a continuing list of 03; published 5-27-03 [FR text will also be made (PENS) 03-13053] public bills from the current session of Congress which available on the Internet from TREASURY DEPARTMENT have become Federal laws. It GPO Access at http:// PENS is a free electronic mail Customs brokers: may be used in conjunction www.access.gpo.gov/nara/ notification service of newly Individual license with ‘‘PLUS’’ (Public Laws nara005.html. Some laws may enacted public laws. To examination dates; Update Service) on 202–741– not yet be available. subscribe, go to http:// comments due by 7-28- 6043. This list is also listserv.gsa.gov/archives/ 03; published 5-29-03 [FR publaws-l.html available online at http:// S. 709/P.L. 108–60 03-13455] www.nara.gov/fedreg/ plawcurr.html. Note: This service is strictly TREASURY DEPARTMENT To award a congressional for E-mail notification of new Financial institutions: The text of laws is not gold medal to Prime Minister laws. The text of laws is not Customer Identification published in the Federal Tony Blair. (July 17, 2003; available through this service. Program; comments due Register but may be ordered 117 Stat. 862) PENS cannot respond to by 7-31-03; published 7-1- in ‘‘slip law’’ (individual specific inquiries sent to this 03 [FR 03-16562] pamphlet) form from the Last List July 16, 2003 address.

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